HomeMy WebLinkAbout3471RESOLUTION NO. 3 4 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN
AND ADOLFSON ASSOCIATES, INC. FOR THE PURPOSE OF
CONDUCTING AN UPDATED WETLAND AND STREAM
INVENTORY AND PREPARING RELATED MAPS.
WHEREAS, the State of Washington Department of Community, Trade
and Economic Development (DCTED) appropriated funds to assist local
jurisdictions in the review and update of their GMA planning documents and
implementing development regulations; and,
WHEREAS, on January 22, 2002 the Auburn City Council of the City of
Auburn approved Ordinance No. 5626 approving the expenditure and
appropriation of a total amount of thirty five thousand dollars ($35,000.00) in
grant funds from the State of Washington DCTED for the purposes of assisting
in implementing the City's GMA update effort; and.
WHEREAS, Ordinance No. 5626 authorized the Mayor and City Clerk to
execute an Intergovernmental Agreement with the State of Washington DCTED
for the reimbursement of said funds and that intergovernmental agreement has
since been fully executed; and,
Resolution No. 3471
May 21, 2002
Page 1
WHEREAS, the City of Auburn desires to update certain sensitive areas
maps (wetlands and streams); and,
WHEREAS, updating certain sensitive areas maps will, among other
items, facilitate the identification and protection of said sensitive areas and help
support the development review process;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES as Follows:
Section 1. The Mayor and the City Clerk of the City of Auburn are
hereby authorized to execute an Agreement for Professional Services with
Adolfson Associates, Inc. to conduct an inventory of and update certain
sensitive areas maps (wetlands and streams). A copy of said Agreement is
attached hereto, designated as Attachment "A" and incorporated by reference
in this resolution.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 3471
May 21, 2002
Page 2
Section 3. This resolution shall be in full force and affect upon
passage hereon. ~
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DATED and SIGNED this ,~ay of June, 2002.
CITY OF AUBURN
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PETER B. LEWIS
MAYOR
ATTEST:
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D ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3471
May 21, 2002
Page 3
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ATTACHMENT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with
Adolfson Associates, Inc., whose address is 5309 Shilshole Avenue NW, Suite 200, Seattle, WA
98107, hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
The Consultant shall provide the services described in Exhibit "A", attached and by this
reference made part of this Agreement. These Exhibit "A" Services are referred to herein as the
Scope of Work.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until authorized in
writing by the CITY. All work under this Agreement shall be completed by December 31, 2002.
The established completion time shall not be extended because of any unwarranted delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay
attributable to the CITY, or because of unavoidable delays caused by an act of GOD or
governmental actions or other conditions beyond the control of the CONSULTANT. A prior
supplemental Agreement issued by the CITY is required to extend the established completion
time.
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY far services rendered under this
agreement as provided hereinafter. Such payment shall be full compensation for work performed
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 1
or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to
complete the work. All billings for compensation for work performed under this agreement will
list specific project titles, actual time (days and/or hours) and dates during which the work was
performed and the compensation shall be figured using the rates in Exhibit "B", Schedule of
Charges.
Payment shall be on a percentage of completion basis, based on invoices submitted at
appropriate times during project progress. The amounts under each task may vary; however, the
total amount of the contract shall not exceed thirty-five thousand dollars ($35,000.00).
In the event services beyond those specified in the Scope of Work, and not included in the
compensation listed in this Agreement are required, a contract modification shall be negotiated
and approved by the CITY prior to any effort being expended on such services or work shall be
authorized in writing under the Management Reserve Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this Agreement. Such
authorization(s) shall be in writing, prior to the CONSLTLTANT expending any effort on such
services, and shall not exceed $30,000. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the Management
Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended
on such services.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings, specifications,
reports and other services performed by the CONSULTANT under this Agreement. The
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 2
CONSULTANT shall, without additional compensation, correct or revise any errors, omissions
or other deficiencies in its plans, designs, drawings, specifications, reports and other services
required. The CONSULTANT shall perform its services to conform to generally accepted
professional planning standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law.
6. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at
law or equity arising in whole or in part from the CONSULTANT' S negligence or breach of any
of its obligations under this Agreement; provided that nothing herein shall require the
CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and employees
and provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents,
officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid
and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the
CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
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Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 3
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that this Agreement may not be assigned in whole or in part without the written consent of the
CITY.
8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
CONSIJLTANT agrees to provide commercial general liability insurance and shall maintain
liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability arising out of the
services or responsibilities performed by or under obligation of the CONSULTANT under the
terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSIJLTANT'S insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty
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Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 4
(30) days prior written notice has been given to the CITY by certified mail return receipt
requested. All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of the
execution of this Agreement. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
9. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to which
this Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of
any sensory, mental or physical handicap.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. In addition, the CONSiJLTANT agrees to
maintain all books and records relating to its operation and concerning this Agreement for a
period of six (6) years following the date that this Agreement is expired or otherwise terminated.
The CONSULTANT further agrees that the CITY may inspect any and all documents held by the
CONSULTANT and relating to this Agreement upon good cause at any reasonable time within
the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 5
request, the originals of all drawings, documents, and items specified in this Section and
infortnation compiled in providing services to the CITY under the terms of this Agreement.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission or fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (federal, state, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 6
12. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSULTANT
shall (1) promptly discontinue all services affected as directed by the written notice, and (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such
other information and materials as the CONSULTANT may have accumulated, prepared or
obtained in performing this Agreement, whether completed or in process.
13. GENERAL PROVISIONS.
13.1. This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, King County, and where applicable, Federal laws.
13.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waived, will be
decided by a court of competent jurisdiction in King County, Washington. Pending final
decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
13.3. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with respect to
all covenants to this Agreement.
13.4. This Agreement represents the entire and integrated Agreement between the CITY
and the CONSiJLTANT and supersedes all prior negotiations, representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the CONSULTANT.
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Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 7
13.5. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party.
13.6. The CONSiJLTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.7. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page S
CITY O
Peter B. Lewis, ]
Date ~
ATTEST:
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Danielle E. Daskam, City Clerk
APPR A TO FORM:
D ni ei Ci Attorney
Adolfson Associates, Inc.
BY:
olly Ad lfson
Title: President
Address: 5309 Shilshole Avenue NW, Suite 200
Address: Seattle, Washington 98107
Phone: ~206) 789-9658
Fax #: (206) 789-9684
Federal Tax ID #91-1440420
File:
REF. H:~FORMS~FE054 (R 1/02)
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 9
EXHIBIT A
CITY OF AUBURN
Wetlands and Stream Inventory & Mapping Project
Scope of Work and Budget
The purpose of this study is to verify locations and classifications of wetlands and
streams within the City limits and to prepare an inventory of these features and provide
two related maps in digital GIS format for the City. This study does not include a review
of Shorelines of the State or any other critical area resources defined by the City. This
scope of work and budget are dependent upon full completion of this project by
December 31, 2002. Further, Adolfson Associates Inc., has based its ability to
complete this work on the premise that the City will authorize Adolfson to begin work in
June 2002 and that the City will provide all pertinent information to us necessary for
completion of the tasks below by July 1, 2002.
Task 1 - Project Management/Administration
Adolfson Associates, Inc. ("Adolfson") will manage the inventory project to provide
timely services and accurate invoices, including progress reports. In addition, Adolfson
staff will attend up to two formal meetings on behalf of the project.
Deliverables:
- Project Schedule
- Progress reports with invoices
Task 2 - Data Collection
Adolfson Associates Inc., will review materials provided in a summarized format by the
City. This will include information from past development projects where wetlands or
streams are involved, wetland inventory information and data sheets, stream inventory
information, and appropriate maps or aerial photographs. Adolfson Associates, Inc.
assumes that the City will provide all references listed above for our use in this project,
including digital copies of recent aerial photographs for the City to be used as base
maps. Adolfson has not scoped the costs for purchasing aerial photographs or other
reference materials on behalf of the project. This task assumes that the City will supply
all materials to Adolfson in electronic format or hard copy for our review and use.
Deliverables:
- None
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 10
Task 3- Wetland Field Inventory
Adolfson will conduct field investigations within the City limits of Auburn to verify
wetland conditions. Field investigations will focus on wetlands identified on the
previous wetland inventory for the City and provide data on existing vegetation,
hydrology, soils and habitat types present in the wetlands. Pierce County data will be
provided by the City if available. This scope of work assumes that all rights of access to
private properties will be provided by the City of Auburn. Adolfson will inform the City of
areas where rights of access are particularly needed. For areas without rights of
access, Adolfson staff will provide as much information as possible based upon visual
observations from public right-of-ways. Data collected will also include wildlife use and
presence, habitat types, hydrologic connectivity, habitat features and other information
necessary to determine wetland categories. Field data will be provided to the City on
field data sheets for each wetland verified in field.
Deliverables:
- Prototype wetland field data sheet
- Digital photographs of each wetland surveyed on CD
- Technical information will be provided for each wetland in a tabular format
Task 4- Stream Field Inventory
Adolfson proposes to identify streams and ditches within the City limits. An inventory of
State Shoreline environments in the City will not be included in this inventory. Data
collected during this field inventory will include general stream descriptions (.e, width,
depth of flow, stream substrate), nature of flow (i.e. perennial, intermittent), presence of
anadromous fish (if possible), and classifications of streams. This scope of work
assumes that all rights of access to private properties will be provided by the City of
Auburn. Adolfson will inform the City of areas where rights of access are particularly
needed. For areas without rights of access, Adolfson staff will provide as much
information as possible based upon visual observations from public right-of-ways.
Stream data will be provided on data sheets for each stream verified in the field.
Adolfson will estimate stream classes for each stream and provide this information to
the City in a tabular form.
Deliverables:
- Prototype stream field data sheet
- Digital photographs of each stream surveyed on CD
- Technical information will be provided for each stream in a tabular format
Task 5- Draft Wetland & Stream Report
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Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 11
Adolfson will prepare two GIS-based inventory maps, one that identifies wetlands and
one that identifies stream resources. We assume that the GIS maps we prepare will be
based upon aerial photographs that are geo-referenced and provided by the City. We
assume that the City will provide all appropriate base maps for use in this inventory. At
minimum, the GIS maps prepared by Adolfson will depict approximate location and size
of wetlands, location of streams, give the category of the resource, and identify non-
jurisdictional areas such as ditches and man-made wetlands.
Adolfson will also summarize the field data into a brief technical report that support the
field efforts. This report will describe goals of the study, methods, findings and
opportunities for restoration, other habitat improvements, a recommended process for
future updating of the inventory. Data for wetlands and streams will be presented in
tabular form within the report for easy use
Deliverables:
- 4 copies of the draft report will be provided.
- 4 copies each of the two GIS maps at an 11 by 17-inch format will be provided
by Adolfson and digital copies of GIS maps to be printed by the City.
Task 6- Final Wetland & Stream Report
Adolfson will revise the GIS maps and Draft Wetland & Stream report according to
comments from the City of Auburn and provide four final copies of the report and four
copies each of the GIS maps at an 11 by 17-inch format. A CD copy of the report and
GIS maps in electronic version (i.e., Word, Excel, Arc View) will also be provided to the
City for future use and printing.
Deliverables:
- 4 bound copies and one unbound copy of the final report will be provided.
- One electronic copy of the report in Word with tables in Excel.
- 4 copies each of the two GIS maps at an 11 by 17-inch format will be
- provided by Adolfson and CD copy in Arc View
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Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 12
Exhibit "B"
Schedule of Charges
Adolfson Associates, I nc.
Effective: May 20, 2002 - December 31, 2002
Hourly rates
Title Hourly Rate
Principal ........................................................ $147.00
Program Manager ........................................... $ 106.00
Senior Scientist .............................................. $ 95.00
Project Scientist .............................................. $ 66.00
Staff Scientist .................................................. $ 53.00
GIS/Graphics .................................................. $ 79.00
Administrative Support ................................... ... $ 58.00
Clerical .......................................................... $ 52.00
The above-listed hourly rates are confirmed through December 31,2002. Should the City
decide to extend this contract or increase the scope causing additional work to occur in 2003,
the above hourly rates may change proportionately with direct labor cost changes effective
January 1, 2003.
Other Rates/Expenses
Direct out of pocket non-salary expenses for documentation reproduction, postage, etc. will be
reimbursed to Adolfson Associates, Inc. at Adolfson Associates, Inc.'s actual cost. Auto
mileage for necessary travel will be reimbursed at the rate of $0.365/mile or the current
approved IRS rate.
For the services performed, Adolfson Associates, Inc. will be paid as charges accrue. The
hourly rates will include direct labor costs, overhead costs, and all indirect costs of Adolfson
Associates, Inc. such as office equipment, computer use, local telephone etc.
Billings for direct non-salary expenses, directly identifiable with the project scope of work, shall
be itemized with a listing of expenses supported by copies of the original bills retained by the
CONSULTANT. Copies of the original supporting documents shall be provided to the CITY
upon request.
Resolution No. 3471
Agreement for Professional Services
May 29, 2002
Page 13