HomeMy WebLinkAboutContractTHIS AGREEMENT, dated for reference purposes only as March 20, 2024, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Environmental Science
Associates (“Consultant”), a Foreign California corporation. The City and the Consultant are
referred to collectively in this Agreement as the “Parties.” Once fullyexecutedbytheParties,this
Agreementiseffectiveasofthelastdatesignedbybothparties.
1. Scope of Work: Consultant agrees to provide professional services to the City of Renton
in updating the Critical Areas Ordinance (CAO) in compliance with the Growth
Management Act (GMA) as specified in Exhibit A, which is attached and incorporated
herein and may hereinafter be referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changestothe Work consistingofadditions,deletionsormodifications.Anysuchchanges
to the Work shall be ordered by the City in writing and the Compensation and Time of
Performance shall be equitablyadjusted consistentwiththeratesset forth in Exhibit A or
asotherwisemutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuantto the schedule(s) set forth in Exhibit B. All Work shall be performed byno later
than December 31, 2024.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $124,194.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit C.The Consultant agreesthat any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writingor provided in Exhibit C. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of thisAgreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
inwhichWorkisperformed,theConsultantshallsubmit a voucherorinvoicein a form
specified by the City, including a description of what Work has been performed, the
AGREEMENT FOR CRITICAL AREAS ORDINANCE (CAO) UPDATE
IN COMPLIANCE WITH GROWTH MANAGEMENT ACT (GMA)
CAG-24-150
PAGE 2 OF 10
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendardays afterreceipt andapprovalbythe appropriate City representativeofthe
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.TheCity maywithhold paymentforworkthat does not meet the
requirements of thisAgreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provisionapplies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
causebygivingten(10)calendardays’noticetotheConsultantinwriting.Intheevent
ofsuchterminationorsuspension,allfinishedorunfinisheddocuments,data,studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement isterminated bytheCity, the Consultant shallbe entitled
topaymentforallhoursworkedtotheeffectivedateoftermination,lessallpayments
previouslymade.IftheAgreement isterminatedbytheCityafterpartialperformance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seekinganylegal remediesit mayhave for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant will perform all Work
identified in this Agreement in a professional
PAGE 3 OF 10
manner and in accordance with all reasonable care and skill ordinarily provided by
professional providing similar services under similar circumstances (“Standard of Care”)
and applicable laws, City standards or guidelines (e.g. design criteria and Standard Plans
for Road, Bridge and Municipal Construction). Professional engineers shall certify
engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW
18.43.070. Consultant further represents and warrants that all final work product created
for and delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the
City from using the work product. Consultant grants to the City a non- exclusive, perpetual
right and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City’s or other’s adaptation,
modification or use of the final work products other than for the purposes of this
Agreement shall be without liability to the Consultant. The provisions of this section shall
survive the expiration or termination of thisAgreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of thisAgreement and retain such records for aslongasmaybe required by
applicable Washington State records retention laws, but in any event no less than six years
after the termination of this Agreement. The Consultant agrees to provide access to and
copies of any records related to this Agreement as required by the City to audit
expendituresand chargesand/ortocomplywiththeWashingtonStatePublicRecordsAct
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of thisAgreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
withtheWashingtonStatePublicRecordsAct,Consultantshallmake a duediligentsearch
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the Cityfor production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisionsof this section
shall survive the expiration or termination of thisAgreement.
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9. Independent Contractor Relationship:
A. TheConsultantisretainedbytheCityonlyforthepurposesandtotheextentsetforth
inthisAgreement.ThenatureoftherelationshipbetweentheConsultantandtheCity
during the period of the Work shall be that of an independent contractor, not
employee.TheConsultant,nottheCity,shallhavethepowertocontrol anddirectthe
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,orotherwiseassumingthedutiesof an employerwith respecttoConsultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or ifthisAgreement iswith an individual, the
Consultantagreesto notify theCityand completeanyrequired form if theConsultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to indemnify, defend, and hold harmless the City,
elected officials, employees, officers, representatives, and volunteers from any and all
claims, demands, actions, suits, causes of action, proceedings, judgments, awards,
injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or
attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities,
arising from claims by third parties, but only to the extent caused by the negligent acts,
errors or omissions of the Consultant in its performance of this Agreement, and excluding
that portion of the claims caused by the City’s negligence.
Should a courtofcompetentjurisdictiondeterminethatthisagreementissubjecttoRCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration,improvement,etc.,ofstructureorimprovementattachedtoreal
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
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Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance
Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have
mutually negotiated and agreed to this waiver. The provisions of this section shall survive
the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’sCode of Ethicsand statelaw,the Consultantshallnot give a giftofanykind
to City employees or officials. Consultant also confirms that Consultant does not have a
businessinterestor a closefamilyrelationshipwith anyCityofficeroremployeewhowas,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of theWork.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of thisAgreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
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D. CommercialAutomobileLiabilityforowned,leased,hiredornon-owned,leased,hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing theWork.
G. Consultant shallprovide the Citywith written notice of anypolicy cancellation, within
two (2) business days of their receipt of suchnotice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
controloccur,the City agreesthe Consultant isnot responsible fordamages, nor shallthe
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
totimebysuchparty), and givenpersonally,byregistered or certified mail,return receipt
requested,byfacsimileorbynationallyrecognized overnightcourier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give anyformal notice required by the Agreement
CITY OF RENTON
Matthew Herrera
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6593
mherrera@rentonwa.gov
CONSULTANT
Jennifer G. Thomas, MES
2801 Alaskan Way, Suite 200
Seattle, WA 98121
Phone: (206) 204-6993
JGThomas@esassoc.com
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees asfollows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials orsupplies.
B. TheConsultantwilltakeaffirmativeactiontoinsurethat applicantsareemployed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VIofthe Federal Civil RightsAct of 1964,and will complywith Cityof Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training forConsultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
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D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultantemploys, sub-contracts,orotherwiseassignstheresponsibilityto perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so longasthere isno interruption or interferencewith the provision of
Work called for in thisAgreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultantisresponsibleforhis/herown Worker’sCompensation coverage aswell as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City orConsultant.
B. General Administration and Management. The City’s project manager is Matthew
Herrera. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/herdesignee. The City shall make available to Consultant information
and technical data in City’s possession that is reasonably required by Consultant to
perform services under this Agreement. The City shall also provide access to and make
all provisions for Consultant to enter upon public and private lands as reasonably
required for Consultant to perform its services under this Agreement.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
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Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. ThisAgreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any partyto enforce or
interpret this Agreement or any of itsterms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Centerin Kent,KingCounty,Washington,oritsreplacementor successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force andeffect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties,and alldutiesand responsibilitiesundertaken pursuanttothisAgreementwill
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waivingparty. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
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provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:
CONSULTANT
By:
Armondo Pavone
Mayor
Stacy Bumback
Senior Vice President & Northwest
Regional Director
Date Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
By:
Contract Template Updated 5/21/2021 (h/contract/2024/2978)
6/12/2024
M. Patrice Kent
Senior Assistant City Attorney
Approved by Patrice Kent via email 4/24/2024
EXHIBIT A
Scope of Work
2801 Alaskan Way
Suite 200
Seattle, WA 98121
206.789.9658 phone
206.789.9684 fax
esassoc.com
memorandum
date March 15, 2024
to Matthew Herrera, AICP
cc
from Jennifer Thomas, ESA
subject Critical Areas Ordinance Updates – Scope of Work
Dear Matt,
Thank you for contacting us to provide environmental support services to the City for the current Critical Areas
Ordinance (CAO) update. The scope of work below provides our understanding of the project and includes our
proposed scope and fee estimate. Please review this scope and let me know if you’d like to meet to discusschanges.
Background
The City of Renton is updating its CAO in compliance with the Growth Management Act regulatory update cycle.
ESA will review portions of Renton’s CAO (Renton Municipal Code 4-3-050), for consistency with Best Available
Science (BAS), coordinate with City staff regarding their recommendations for code revisions, provide code
revision recommendations, and be available to the City as CAO subject matter experts (SME)s through the
regulatory adoption process as needed by the City.
We are pleased to be joined by Geo Engineers as part of this effort. ESA will coordinate Geo Engineers work to
review the CAO with respect to Geologic Hazard Areas and coordinate recommended updates to ordinance
language as a part of this CAO update, including research and updates to Channel Migration Zones (CMZs) as they
are currently regulated by the City. The intent is to fold CMZ-related regulations into the overall CAO update.
Task 1 – Project Management
This task includes time for six monthly meetings and regular communication with the City project manager and
other City staff, managing schedule and budget, subconsultant coordination, and Senior Quality Assurance/ Quality
Control (QA/QC) of all deliverables.
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Critical Areas Ordinance Updates – Scope of Work
Deliverables:
Monthly progress reports with a summary of work, including percent complete by task (to be submitted
with the detailed monthly invoice).
Assumptions:
This contract is on a time and materials basis, so the amount billed may be less than the total estimated
budget.
ESA staff will be available to City staff as needed up to the amount budgeted.
City staff will coordinate through ESA’s project manager for all communications.
Task 2 – Best Available Science Review and Gap Analysis
ESA will review current critical areas regulations, and available literature regarding Critical Areas Ordinance Best
Available Science in support of CAO updates, for consistency with GMA requirements. Specifically, ESA will
review the most recent publications on CAO updates from Washington state agencies including the following:
Washington Department of Ecology – Wetland Guidance for CAO Updates – Shorelands and
Environmental Assistance Program, October 2022, Publication #22-06-014
Washington Department of Ecology – Characterizing Wetland Buffers in Washington State, September
2017, Publication # 17-06-008
Washington Department of Ecology – Wetland Mitigation in Washington State – Part 1: Agency Policies
and Guidance, Version 2.0, April 2021, Publication #21-06-003.
Critical Areas Handbook – A Handbook for Reviewing Critical Areas Regulations v 3.0 2023 – Washington
Department of Commerce and related materials (e.g. 2023 Critical Areas Checklist).
WDFW Guidance including but not limited to:
o WDFW Riparian Management Zone Critical Areas Ordinance Checklist and August 2023
Addendum
In collaboration with the City, ESA will reach out to City staff who regularly use the current CAO to identify
pressure points or code language that may benefit from clarification. This list will be refined with the City
Project Manager, but we anticipate collaborating with Public Works, Community and Economic
Development and Parks staff.
Following our review, we will compile one draft and one final Technical Memorandum that includes code and
policy recommendations and best available science documentation.
Deliverables:
Draft Technical Memorandum that includes gap analysis matrix with code and policy recommendations
and best available science documentation provided to City staff for review and comment.
Final Technical Memorandum that incorporates City comments.
Assumptions:
City staff will provide one consolidated technical memorandum that includes all City comments.
Task 3 – Revise and Update CAO Language
Building on the analysis completed in Task 2 above, ESA will propose revisions to the City’s current CAO.
Revisions will be made using tracked changes for clarity.
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Critical Areas Ordinance Updates – Scope of Work
Deliverables:
One draft and one final e-version of proposed code amendments (RMC 4-3-050), using tracked changes.
The deliverable will be provided as a word document, including left margin line numbers to facilitate
tracking changes.
Assumptions:
Revisions will be based on the analysis conducted in Tasks 2 and 3 above.
Task 4 – Geologic Hazard Areas ordinance review and updates
ESA will be joined by Lyle Stone, P.E. G.E. of GeoEngineers who will provide expertise and review related to
Geologic Hazard Areas section of the code. Mr. Stone has worked with City staff in his capacity as an engineer and
geologist, and will review the code, collaborate with staff as to areas of the code which may benefit from revision
and provide general recommendations as needed to address gaps in the current code. Mr. Stone will be available
for up to two meetings with City staff. ESA will oversee this task and coordinate with Mr. Stone and City staff.
Deliverables:
Covered in Task 2 above. Revisions would be included in the draft and final version of proposed code
amendments, using tracked changes.
Assumptions:
Mr. Stone will be available to meet with City staff for up to two (2) meetings.
Code revisions will be included in the draft and final code revisions deliverable under Task 2.
Task 5 – Meeting Support
ESA will be joined by Minda Troost, LG. of GeoEngineers who will provide expertise related to the review and
addition of language to RMC 4-3-050 Critical Areas Regulations as it pertains to channel migration and/or channel
migration zones (CMZ). Ms. Troost will coordinate with City staff to review the City’s current process of CMZ
regulation which we understand to be through SEPA. Ms. Troost will review the City’s existing code regarding
CMZs, state guidance on CAO updates, and will search for other municipalities in Washington state that address
channel migration within their codes to aid in formulating language for the RMC. She will work collaboratively
with city staff to provide recommendations as needed to address gaps in the current code as it relates to channel
migration. Ms. Troost will be available for up to two meetings with City staff beyond the general communications
this task will require. ESA will oversee this task and coordinate with Ms. Troost and City staff.
Deliverables:
Covered in Task 2 above. Revisions to RMC 4-3-050 would be included in the draft and final version of
proposed code amendments, using tracked changes.
Assumptions:
Ms. Troost will be available to meet with City staff for up to two (2) meetings.
Code revisions and additions will be included in the draft and final code revisions deliverable under Task
2.
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Critical Areas Ordinance Updates – Scope of Work
Task 6 – Public Meeting Support and coordination with Comprehensive
Plan Updates
ESA staff will support the City’s communication with project participants, Planning Commission, City Council and
the Planning and Development Committee, as well as coordinating with City staff, as well as agency staff (Ecology,
WDFW) and the City’s consultant regarding Comprehensive Plan updates related the CAO review and revisions.
We anticipate that the CAO updates will nest within the Comprehensive Plan updates, based on communication
with City staff to date. ESA staff (Jennifer Thomas, Matt Maynard, or Colleen Kroe) will be available to attend up
to five (5) meetings or workshops during the project. Meetings are assumed to be via video conference but up to
two in person meetings could also be scheduled as needed.
Deliverables:
None.
Assumptions:
This task is Not to Exceed (NTE) 76 hours of ESA staff time.
Overall Assumptions
All deliverables will be provided in electronic format.
One review cycle is assumed for all deliverables/interim work reviewed by the City and participants.
The City will provide one set of consolidated comments for ESA’s review. Discrepancies between
comments will be resolved by the City prior to transmittal to ESA.
The schedule for review cycle (from transmittal of document(s) for review to the City to receipt of
consolidated City comments) is assumed to be four weeks. This schedule can be modified in collaboration
with the City to complement the City’s Comprehensive Plan update schedule.
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Critical Areas Ordinance Updates – Scope of Work
EXHIBIT B
Schedule
Task Description Timeline*
1 Project Management/Meetings Continues throughout the
project, until project
completion**
2 BAS Review and Policy
Recommendations
April-July 31 2024
3 Revise CAO Language August-October 31 2024
4 Geologic Hazard Areas ordinance
review and updates
April-October 31 2024
(Concurrent with Tasks 2
and 3)
5 CMZ Meeting Support September-December 2024
6 Public Meeting Support and
Coordination
September-December 2024
*Assuming project kickoff of April 1, 2024
**December 2024, unless kickoff occurs later than assumed
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Critical Areas Ordinance Updates – Scope of Work
EXHIBIT C
Budget
The cost of these services is estimated to be $124,194. Work will be invoiced on a time and materials basis. A
breakdown of costs by task is shown in the table below.
Task Description Hours Cost
1 Project Management/Meetings 69 $14,948
2 BAS Review and Policy Recommendations 122 $30,586
3 Revise CAO Language 76 $17,948
4 Geologic Hazard Areas ordinance review and updates 7 $1,032
5 CMZ – review of existing info and draft & final
development standards
20 $4,128
6 Meeting Support and Coordination 76 $18,608
Subconsultant (GeoEngineers)* $33,436
ESA 10% subconsultant markup -- $3,040
Expenses -- $600
Labor Technology and Data Management Fee (3%) -- $2,626
Total ESA Hours 370 $124,194
*A detailed breakdown for GeoEngineers time is available on request.
Thank you again for requesting this proposal. Please feel free to call me with any questions at 425-442-7988.
Sincerely,
Jennifer Thomas, MES; Senior Biologist and Project Manager, ESA