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RESOLUTION NO. 3997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICE CONTRACT FOR PREPARATION OF AN
UPDATE OF THE CITY'S SHORELINE MASTER
PROGRAM WITH ADOLFSON AND ASSOCIATES, INC.
WHEREAS, Washington State's Shoreline Management Act (RCW 90.58)
was passed by the legislature in 1971 and adopted by public referendum in 1972
to prevent harm in an uncoordinated and piecemeal development of the state's
shorelines; and
WHEREAS, pursuant to the Shoreline Management Act, the City adopted
a Shoreline Management Program on December 18, 1972, by Ordinance No.
2691; and
WHEREAS, Ecology's adoption of new shoreline master program (SMP)
guidelines in 2003 (WAC 173-26) initiated a new generation of shoreline planning
in the State of Washington. The guidelines were developed as part of a year-long
negotiated settlement that also led to adoption of shoreline legislation (effective
July 2003) that established a new schedule for updating SMPs, and a biennial
appropriation of $2 million to fund local SMP development; and
WHEREAS, in 2005 the City applied to the Washington State Department
of Ecology for a Shoreline Management Act grant and successfully secured a
grant in the amount of $150,000 for a two year period; and
Resolution No. 3997
March 15, 2006
Page 1
WHEREAS, amendments to the State Shoreline Management Act (RCW
90.58.080) require that governments and specifically the City of Auburn shall
amend its master program for regulation of uses of the shorelines of the state
consistent with the required elements of the guidelines adopted by the
Department of Ecology in accordance on or before December 1, 2009; and
WHEREAS, revised policies and regulations pursuant to an updated
Shoreline Master Program would increase certainty in the development review
process while ensuring greater consistency in City development approval
decisions; and
WHEREAS, the City Council deems the update of the shoreline master
program as necessary for the purpose of securing, promoting and protecting the
public interest associated the shorelines of the state while at the same time
recognizing and protecting private property rights consistent with public interest,
and to set forth procedures pursuant to state law; and
WHEREAS, the City has the need for consulting services to prepare an
update of the City's shoreline master program supporting the City's action on its
Shoreline Master Program; and
WHEREAS, the City has undertaken a selection process to identify a
consulting firm with the appropriate expertise fDr preparation of an update of the
Shoreline Management Program and has successfully negotiated a contract for
services with Adolfson and Associates Inc, to update the Shoreline Master
Program by June 30, 2007.
Resolution No. 3997
March 15, 2006
Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREIN
RESOLVES AS FOLLOWS:
Section 1. The purpose of the Resolution is to authorize the Mayor and the
City Clerk of the City of Auburn to execute a professional services contract for
preparation of an update of the Shoreline Master Program with Adolfson and
Associates, Inc. as set forth in Exhibit A, attached hereto and incorporated herein
by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This Resolution shall be in full force and effect upon its passage
and signatures hereon.
DATED AND SIGNED THIS2C~hday ot'--'Olo\({ L\...--
,2006.
ATTEST:
~~~~
Da . lie E. Daskam,
City Clerk
Resolution No. 3997
March 15, 2006
Page 3
Daniel B. Heid,
City Attorney
Resolution No. 3997
March 15, 2006
Page 4
~ .
AGREEMENT FOR PROFESSIONAL SERVICES
SHORELINE MANAGEMENT PLAN UPDATE
AG-C-259
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 Adolfson Associates, Inc., a corporation, 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.
See Exhibit A, Scope of Work, which is attached hereto and by this reference
made a part of this Agreement.
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
June 30, 2007.
The established completion time shall not be extended because of any 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.
Agreement for Professional Services
March 8, 2006
Page 1 of 11
3. COMPENSATION.
The total compensation for this Agreement shall not exceed $136,402.00, as
outlined by Task in Exhibit B. The CONSULTANT shall submit an invoice for current
expenses under this Agreement on a monthly basis according to Exhibit C. The CITY
shall pay the CONSULTANT for services rendered within 30 days.
In the event services are required beyond those specified in the Scope of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services.
4. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT without prior written permission of
the CITY. No permission for subcontracting shall create, between the CITY and
subcontractor, any contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
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 CONSULTANT shall, without additional compensation,
Agreement for Professional Services
March 8, 2006
Page 2 of 11
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. INDEMNIFICA TION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
negligent acts, errors or omissions of the CONSULTANT in performance of this
Agreement, except for injuries or damages caused by the sole negligence of the CITY.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
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,
insurance against claims for injuries to persons or damage to property which may arise
Agreement for Professional Services
March 8, 2006
Page 3 of 11
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1 ,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1 ,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be named as an insured under the CONSULTANT'S
Commercial General Liability insurance policy with respect to the work
performed for the CITY using the applicable ISO Additional Insured
endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington. If the consultant is a sole proprietor, the
parties agree that Industrial Insurance would be required if the
Agreement for Professional Services
March 8, 2006
Page 4 of 11
CONSULTANT had employees. However, the parties agree that a
CONSULTANT who has no employees would not be required to have
Worker's Compensation coverage.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY. Any insurance, self insurance, or insurance pool
coverage maintained by the CITY shall be excess of the CONSULTANT'S
insurance and shall not contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (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. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
Agre~ment for Professional Services
March 8, 2006
Page 5 of 11
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 CONSULTANT 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 request, the originals of all drawings, documents, and items
specified in this Section and information 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.
Agreement for Professional Services
March 8, 2006
Page 6 of 11
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.
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
Agreement for Professional Services
March 8, 2006
Page 7 of 11
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. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
13.4. 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.
Agreement for Professional Services
March 8, 2006
Page 8 of 11
13.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT 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.
13.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13.9. This Agreement shall be administered by Molly Adolfson on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses:
City of Auburn, Planning
Attn: Aaron C. Nix, M.P.A.
25 W Main Street
Auburn WA 98001
Phone: 253.288.7432
Fax: 253.804.3114
E-mail: anix@auburnwa.qov
Adolfson Associates, Inc.
Attn: Kent Hale, AICP
5309 Shilshole Avenue NW, Suite 200
Seattle, WA98107
Phone: 253.789.9684
Fax: 253.789.9684
E-mail: khale@adolfson.com
13.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the
United States mail, postage prepaid. Any such delivery shall be deemed to have been
duly given if mailed by certified mail, return receipt requested, and addressed to the
address for the party set forth in 13.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
Agreement for Professional Services
March 8, 2006
Page 9 of 11
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
13.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
Agreement for Professional Services
March 8, 2006
Page 10 of 11
ATTEST:
, ~f);tfJu~~-
Da . lie E. Daskam, City Clerk
APPROVED AS TO FORM:
Agreement for Professional Services
March 8, 2006
Page 11 of 11
~u~ ~~)
Peter ~s, Mayor '
Date fY\ av 2- \ \ ZCO k
Adolfson Associates, Inc.
Federal Tax ID
EXHIBIT A
SCOPE OF WORK
SHORELINE MANAGEMENT PLAN UPDATE
1. Shoreline Inventory and Draft Map Folio
The consultant shall compile pertinent and reasonably available data, plans, studies,
inventories, and other applicable information and evaluate existing reports, information,
aerial photos and GIS data. Working inventory maps at the appropriate scale for
analysis (Le. coarser resolution maps for adjacent lands/contributing drainage
assessment and finer resolution for the shoreline jurisdiction characterization) will be
created. The consultant will collect the following information to the extent that such
information is relevant and reasonably obtainable:
· SMA shorelines (all, streams greater than 20 cfs, lakes greater than 20 acres, and any
associated wetlands) contained within the city's jurisdiction and adopted potential
annexation area.
. General location of channel migration zone, floodplains, and the floodway.
· Shoreline and adjacent land use patterns and transportation and utility facilities,
including the extent of existing structures, impervious surfaces, vegetation and shoreline
modifications in shoreline jurisdiction.
. Critical areas, including wetlands, aquifer recharge areas, fish and wildlife conservation
areas, geologically hazardous areas, frequently flooded areas as defined in RCW
36.70A, the Growth Management Act. Critical areas would be identified where located
within the area of shoreline jurisdiction.
· Degraded areas and sites with potential for ecological restoration.
· Areas of special interest, such as priority habitats, rapidly developing waterfronts,
previously identified toxic or hazardous material clean-up sites, or eroding shorelines.
· Existing and potential shoreline public access sites, including public rights-of-way and
utility corridors. The inventory will include, as available, descriptions of recorded public
access easements, their prescribed use, maintenance and terms.
. Historical aerial photographs documenting past conditions to assist in preparing an
analysis of cumulative impacts of development.
· Known archaeological and historic resources in shoreline jurisdiction
. Policies and regulations in shore land and adjacent areas that affect shorelines, such
as surface water management and land use regulations (Critical Areas Ordinance,
Flood ordinance, etc.)
Exhibit A
Agreement No. AG-C-259
Page 10f7
Assumptions: Adolfson will coordinate with City GIS and Planning staff to identify and
collect existing information and data. City GIS staff will transmit city-owned data layers
to Adolfson for use in development of draft working maps.
Deliverables: E-mail draft list of inventory data sources to Auburn Staff for review and
comment. Submit digital working maps of inventory information displayed at appropriate
scale. Inventory elements will be documented and discussed in the Shoreline Inventory
and Characterization Report (Task 3 below).
Due Date: May 1, 2006
2. Shoreline Issues of Concern Analysis
Shoreline issues of concern, consistent with the State Shoreline Master Program
guidelines (chapter 173-26-201 (3)(d)) WAC), will be analyzed and addressed in a
report, with referenced maps. This analysis will also consider cumulative impacts from
historic development or alterations to natural systems as follows:
2.1: Characterization: The consultant will prepare a coarse analysis (characterization)
of shoreline ecosystem processes influencing the area subject to shoreline jurisdiction
including:
· Description of ecological processes in the drainage basin linked to the
shoreline through hydrologic flows;
· Presentation of basic geographic context (geology, soils, vegetation and
drainage patterns) and a description of how it is relevant to the shoreline;
· Note location of major land uses, if any (e.g. dams, mining railroads);
. Note location and nature of known pertinent regulatory activities (e.g. ESA
listings, TMDL, contaminated sites); and
. Identification of opportunities for protection/restoration of upland and adjacent
areas essential for maintaining shoreline form and function.
2.2: Characterize shoreline functions: Separating the shoreline into reaches based on
land use and ecological processes, this more detailed characterization analysis will:
· Describe the physical, biological and land use components associated with
each shoreline reach within shoreline jurisdiction;
. Evaluate and assess shoreline ecological functions based on current scientific
understanding of the relationship between the conditions of ecosystem-wide
processes and conditions within shoreline jurisdiction;
Exhibit A
Agreement No. AG-C-259
Page 2 of7
2.3: Identify opportunities for protection, restoration, public access and shoreline
use.
· Identify potential opportunities and possible impediments to the protection and
restoration of ecological functions;
· Identify current public access and opportunities for future access sites;
· Identify opportunities for appropriate shoreline uses.
2.4: Shoreline use analysis including:
· Estimation of future demand for shoreline space;
· Identification of potential use conflicts based on current use patterns and
projected trends.
Assumptions: This task will include limited field investigation and verification to
substantiate analysis contents. Fieldwork will not be conducted for the purpose of
formal data collection. This scope assumes 2 days of fieldwork, limited to existing public
access locations to the shoreline, conducted by up to 3 Adolfson staff (planner, biologist,
geologist).
Deliverables: Draft Shoreline Issues of Concern Analysis addressing the four items
identified above in Tasks 2.1 through 2.4 will be documented in the Shoreline Inventory
and Characterization Report, Task 3 below.
Due Date: June 30, 2006
3. Shoreline Inventory and Characterization Report and Final Map Folio
The consultant will prepare a report and map portfolio that analyzes the
information and data collected in the Inventory and Shoreline Conditions Map as it
relates to development of the Shoreline Master Program. The report will describe the
primary physical and biological processes affecting adjacent lands and shoreline
ecosystem function. It will also delineate boundaries and map the land and water area
contained within SMA jurisdiction - identifying the preliminary extent of SMA shorelines
within the city's jurisdiction, addressing both the required minimum SMA jurisdiction
areas and any optional (floodplain and critical area buffer) SMA jurisdiction areas for
consideration and decision-making later in the SMP update process. The report will
present findings and recommendations in a way that is useful for making planning
decisions. More detailed information on shoreline reaches will identify opportunities and
constraints in:
1) Protecting and restoring ecological function;
Exhibit A
. Agreement No. AG-C-259
Page 3 of7
2) Addressing the special requirements of shorelines of statewide significance;
3) Providing public access; and,
4) Accommodating appropriate water-oriented uses.
This report will provide a foundation for establishing environment designations. The
report should identify data gaps, focusing on information that would be useful to support
plan development and implementation. Maps at appropriate viewing scales will be
prepared to illustrate findings. Potential areas for shoreline use, public access,
restoration and/or protection will be indicated. The portfolio will list and map public
access to shorelines.
Deliverable: Preliminary draft (for City staff review), revised draft (for Ecology review),
and Final Shoreline Inventory and Characterization Analysis Report and accompanying
map portfolio. Three hard copies and an electronic version of each draft will be
delivered.
Due Date: Preliminary draft for City staff review: June 1, 2006; Revised draft for Ecology
review: June 30, 2006; Final report: September 1, 2006
Due dates assume 1 week for City review and comment on preliminary draft.
4. Shoreline Restoration Plan and Implementation Strategy
Using information gathered from the inventory and findings from the characterization of
ecosystem wide processes and shoreline functions, a restoration plan will be prepared
that includes:
· Development of restoration goals and policies;
· Identification of potential and prioritized restoration sites;
· Identification of existing restoration projects and programs that will contribute to
the city's restoration goals;
· Identification of opportunities for shoreline protection, restoration, and public
access;
· Development of an implementation strategy identifying appropriate funding
sources, restoration project timelines and benchmarks.
Exhibit A
Agreement No. AG-C-259
Page 4 of?
Deliverable: Preliminary draft (for City staff review), revised draft (for Ecology review),
and Final Shoreline Restoration Plan and Implementation Strategy. Three hard copies
and an electronic version of each draft will be delivered.
Due Date: Preliminary draft for City staff review: September 1, 2006; Revised draft for
Ecology review: October 1, 2006; Final report: November 1, 2006
Due dates assume 1 week for City review and comment on preliminary draft.
5. Cumulative Impacts Analysis
Evaluate cumulative impacts of proposed amended policies, environmental
designations and related shoreline regulations. This includes evaluating the incremental
impacts of proposed policies, designations and regulations on shoreline ecological
functions as well as on other functions and uses of the shoreline consistent with the
Shoreline Management Act (water-orientated uses, public access, etc.)
Deliverables: Preliminary draft (for City staff review), revised draft (for Ecology review),
and Final Cumulative Impacts Analysis. Three hard copies and an electronic version of
each draft will be delivered.
Due Date: Draft: December 15, 2006; Final: December 31, 2006
Due dates assume 1 week for City review and comment on preliminary draft.
6. Draft Shoreline Master Program and Shoreline Development Regulations Amendment
The existing shoreline master program (SMP) will be amended consistent with the
Shoreline Management Act and Shoreline Master Program guidelines to include:
· Mapped existing and proposed shoreline environment designations together with their
justification consistent with the guidelines;
· Amended or revised shoreline goals and policies which will serve as the shoreline
element of the Auburn Comprehensive Plan;
· Amended or revised development regulations. The shoreline development regulations
shall identify shoreline uses and related standards applicable to the City's shorelines.
· Amended or revised administrative provisions setting forth city shoreline permit and
enforcement procedures.
Identify recommended changes to city's comprehensive plan goals and policies for
shoreline management and associated development regulations to meet current SMP
regulations
Exhibit A
Agreement No. AG-C-259
Page 5 of7
Assumptions: The organizational format of the draft shoreline master program, as it
relates to the City's existing comprehensive plan and development regulations, will be
determined as part of this process. It is assumed an electronic version of the existing
SMP dated 1973 will be provided in electronic format (MS word or .txt format). Elements
or chapters will be developed and reviewed in collaboration with City staff prior to public
review. For purposes of this scope of work, it is assumed individual chapters from the
existing SMP will be edited in red-line fashion to document proposed amendments or
revisions to goals, policies, and regulations.
Deliverable: Three (3) hard copies and one electronic copy of the draft SMP including
maps identifying shoreline environment designations.
Due Date: November 30, 2006
7. Public Involvement Support and Coordination with Ecology
Assist the city in implementation of the public participation plan developed by the City
consistent with the Shoreline Management Act (RCW 90.58.130) and Shoreline Master
Program guidelines (WAC 173-26) to include:
· Assist City staff with communication and coordination with state agencies, local
agencies and affected Indian Tribes. Assist City staff with communication and
coordination to citizens, interested parties, planning commission and city council.
· Assist in the preparation of presentation materials to inform interested parties of
how to obtain information regarding the shoreline update process and how to
provide comments and to keep interested parties apprised of major steps in the
process. Provide information in a format that is suitable for the city's website.
Assumptions: Public involvement or outreach materials developed will be delivered in
electronic format for printing, publication, and/or distribution by the City.
The associated fee for this task assumes assistance in preparation and participation at
public meetings (open houses, Technical Advisory Panel meetings, Planning, and/or
City Council meetings) or agency coordination meetings assuming 6 hours per meeting
per staff (2 hours travel, 2 hours prep or follow-up, and 2 hours meeting time) as follows:
Agency Coordination Meetings (2 staff): 4 meetings plus general coordination with
Ecology via phone and email
Citizen Advisory Committee Meetings (2 staff): 3 meetings
City Council Meetings (1 staff): 3 meetings
Exhibit A
Agreement No. AG-C-259
Page 6 of7
..
EXHIBIT B
FEE SCHEDULE
Shoreline Master Program Update Task Cost
Shoreline Inventory and Draft Map Folio $14,328
Shoreline Issues of Concern Analysis $25,952
Shoreline Inventory and Characterization $22,816
Report and Final Map Folio
Shoreline Restoration Plan and $17,352
Implementation Strategy
Cumulative Impacts Analysis $6,918
Draft Shoreline Master Program and $29,452
Shoreline Development ReQulations
Public Involvement Support and $14,584
Coordination with Ecology
Direct Costs (mileage, copies, etc.) $5,000
Total $136,402
Exhibit A
Agreement No. AG-C-259
Page 7 of7
Exhibit C:
CONSULTANT INVOICES
CONSULTANT invoices should contain the following information:
· On CONSULTANT letterhead.
· A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
· Internal invoice number and/or sequential numeric number (Le.: progress payment # 10).
· Invoice date.
· Period of time invoice covers.
· Consultant Agreement # (Le.: AG-C-115).
· Project number(s) listed (Le.: PR562).
. CITY'S project manager listed.
· The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
right-of-way, or construction) or task order number.
· Direct salary (base salaries)
· Indirect salary (benefits)
· Direct non-salary (i.e.: mileage, reproduction fees (Le.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires
travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be
broken down and backup information is to be attached to invoice. Project managers are to
inform CONSULTANTS as to what is required for break down information and if backup
information is to be attached. Break out the same for subconsultant charges.
· Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
· Percentage of work completed to date compared to total amount of work (if required by the
project manager).
. Invoices for previous year are due by January 15th.
· For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-259
Page 1 of 2
"
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer)
Agency Agreement #: AG-C-010
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Mike Jones, Princi al in Char e
Carla Maker, Architect
Joe Smith, Word Processin
Consultant Personnel Subtotal
Hours Houri Rate Amount
1 $ 125.00 $ 125.00
5 $ 72.00 $ 144.00
10 $ 48.00 $ 480.00
$ 749.00
Multi Iier Amount
x1.1 $ 7.59
x1.1 $ 33.00
x1.1 $ 31.90
$ 72.49
$ 821.49
Consultant Total:
Hours
10
5
10
2
Houri Rate
$ 100.00
$ 100.00
$ 100.00
$ 50.00
Amount
$ 1,000.00
500.00
MRF 1,000.00
100.00
$ 2,600.00
$ 2,860.00
Subconsultant Total:
$
2,860.00
. -.. -.. - -. - - .-.. _". - - - _.. _. - _.. - _. _.. _.. _.. _.. _.._ - - _.. _.. _.. - _. _.. - u_.. _.. _.. _. _ _ _. _ _. _.. _.. _.. _ _. _ _. _.. _.. _.. _. _ _.. _.. _.. _..
_.. _.. _'. _.. _.._.. _ _. _. _ _.. _ _ _ _.. _ _. _.. _' _ _ _. _.. _.. _. _ _.. _ _. _.. _ _. _.. __
TOTAL DUE THIS INVOICE
$ 3,681.49
. -.. -.. -.. -.. -.. -.. -.. -. - -.. -. - - -. -.. -.. -. - -.. -. - -.. -.. -.. - - - - - - -.. -.. -.. -. - -.. -. - - - - -.. - -. -.. -..-..-.. - -. - -. -.. -.. -. - _.. _.. -
-. _.. _.. _.. _'. _.. _.. _.. _.._.. _.. - - __.._.. _.. _.. _u _ _. _.. _.. _.. _ _ _ _' _ _.. _.
CONTRACT BREAKDOWN
Amount Total Invoiced % % Amount
Task Authorized Prior Invoiced This Invoice To Date Ex ended Com leted Remainin
Original
Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51
MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00
TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-259
Page 2 of 2
AMENDMENT #1 TO AGREEMENT NUMBER AG-C-259 BETWEEN
THE CITY OF AUBURN AND ESA ADOLFSON
RELATING TO PROJECT ENTITLED SHORELINE MASTER PROGRAM
UPDATE
THIS AMENDMENT is made and entered into this ~ day of ,
200, by and between the CITY OF AUBURN, a municipal corpor f n o the State of
Was mgton (hereinafter referred to as the "CITY"), and ESA Adolfson (hereinafter
referred to as the "CONSULTANT"), as an Amendment to the Agreement between the
parties for AG-C-259 executed on the 15th day of March 2006.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is
extended to June 30, 2008.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original
agreement.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-C-259 executed on the 15th day of March 2006, shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
ESA ADOLFSON
,rte ~
By: Gt-' ~'
Authorized gnature ~rQ
/ --J
~.
Peter B. Lewis, Mayor
ATTEST (Optional):
By:
Its:
ATTEST:
~-
Dani le E. Daskam, Auburn City Clerk
Amendment No. 1 for Agreement No. AG-C-259
ESA ADOLFSON
Page 1 of 2
Approved as to form (Optional):
Attorney for (Other Party)
Amendment No. 1 for Agreement No. AG-C-259
ESA ADOLFSON
Page 2 of 2
Approv s to
Da B. Hei r City A orney