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Home My WebLink AboutPW11-026 - Amendment - #4 - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 07/30/2013ecords M em KENT DocumenWA9HINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to city clerks office. All portions are to be completed. If you have questions, please contact city clerk's office. Vendor Namel ESA Vendor Number: JD Edwards Num ber Contract Number:ftor\ - olb This is assigned by City Clerk's Office Nationa I Flood Insuran ce Biolooical O D nion Comoli a nceProject Name: Description; n Interlocal Agreement fl Other: fl Change Order ndment ! Contract / X Ame# 7-30-13 or's s ature Termination Date' L2l3L/13Contract Effective Date: Date of th eMa Contract Renewal Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manager: Beth Tan Departmentl Eng ineerinq Detail: (i,e. address, tocation, parcel number, tax idr etc'): Assist with updatinq the checklist. ct,,.. S:Publlc\RecordsManagement\Forms\Contractcover\adcc7832 | 11/08 KENTWAsHtNcroN AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER: ORIGINAL AGREEMENT DATE : ESA Biological Opinion ComPliance December 17' 2O1O This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full -force lnd effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: l. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Assist with updating the National Flood Insurance Program Biological Opinion Compliance Checklist. For a description' see the Eonsultant's June L2, 2013 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2, The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, including applicable WSST $47,600.00 Net Change by Previous Amendments includ ing applicable WSST $o Current Contract Amount including all previous amendments $47,600.00 Current Amendment Sum $7,399.00 Applicable Amendment WSST Tax on this $o Revised Contract Sum $54,999.00 AMENDMENT-1OF2 Original Time for Completion (insert date) t2t3t/lr Revised Time for ComPletion under prior Amendments (insert date) t2l3ll13 Add'l Days Required (*) for this Amendment o calendar days Revised Time for ComPletion (insert date) t2l3l/t3 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowlelges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if anY)r and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if anY), and this Amendment shall be deemed to have aPPlied The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below' coNsu LTANT/VEN DOR: By: / NN6/LPrint Name:{totz- t/ DATE:7^(titte)/'-7^/3 CITY OF KENTI B (signature) e: Suz Cooke Its Mavor DATE:/? APPROVED AS TO RM if required) Kent Law Department ESA - Blological Opinoin Amd 4/Tan AMENDMENT-2OF2 $1V' &-l'tf-l rll' $.1,[3/]" _# EXHIBIT A 5309 Shllshole Avenue NW Sulte 200 Seattle, WA 98107 206,789.9658 phone 206,789.9684 fax www,a$assoc,com to memo rand um date June 12,2013 Beth Tan, P,E., CFM Mike Mactutis, P.E,, CFM Environmental Engineering, City of Kent from subject Aaron B,ooy and Teresa Vanderburg Proposal for Responding to FEMA Comments on the City's National Flood Insurance Program Biological Opinion Compliance Checklist In 201 1, ESA assisted the City of Kent (City) in reviewing currenf Best Available Science and existing environmental and land use regulations within riparian and floodplain areas to ensure compliance with the National Flood Insurance Program (NFIP) Biological Opinion. The City submitted a Compliance Checklist and companion materials to the Federal Emergency Management Agency - Region X (FEMA) in August 2011. The City of Kent received comments and recommendations from FEMA on February 26,2013, and participated in a meeting with FEMA to discuss comments and recommendations on May 22,2013. We have reviewed FEMA recommendations and considered discussion and additional guidance from the meeting with FEMA; the following provides an approach to address FEMA comments and move.the City towards programmatic NFIP compliance' ESA will update the Compliance Analysis to address all FEMA comments and tecommendations, The comment letter and meeting discussion detailed several issues that must be resolved befole FEMA can approve programmatic compliance; specially the following BiOp Compliance Checklist Performance Standards: r I - pertaining to the definition of development; . 2(a) - pertaining to Riparian Habitat Zone (RHZ) dimensions and the necessity for a "delta analysis" consistent with FEMA guidance dated January 2012; o 3(a and b) * requiring that the 10-, 50-, and 100- year floodplain elevations be included in development proposals, and shown on notice on title; o 4(a,b, c, and e) - addressing several general development standards, including requiring low impact development (LID) stormwater approaches and a l\Vo impetvious surface standard for new development throughout the floodplain; and . 5(b, c, and f) - addressing several habitat protection standatds, including requiring a maximum of 65 percent native vegetation removal for any development site within the floodplain, t'estrictions on development within the RHZ, and requiring a lS-foot building setback from the edge of the RHZ/ floodway ICMZ. Based on discussion and guidance from the May 22d meeting, several Performance Standards recommendations will be addressed by providing additional information on the City's existing floodplain mapping and regulatory approach and/or minor changes to floodplain development standards (Performance Standards 7,3a,3b,4b)' For these updates, ESA will ideritify and include all necessary additional information in the updated Compliance Checklist. Remaining recommendations will require targeted GlS-based analysis and compliance documentation to provide FEMA with assurance that the City's regulatory approach is consistent with the BiOp and FEMA's BiOp guidance, ESA.will work with the City to complete this analysis through four additional tasks (Tasks I * 3 were included oul original contract): Task 4: ESA will update the Compliance submittal materials to clearly document how analysis provided in the Best Available Science Issue Paper meets FEMA's "Delta Analysis" guidance for the RHZ1. ESA will identify areas where limited additional GlS-based analysis is needed to meet FIBMA's Delta Analysis guidance, All Delta Analysis results will be provided in a clear and concise format that is verified as adequate by FEMA; preliminary Delta Analysis completed for one area of the City's floodplain will be provided to FEMA for review and comment before analysis is completed for the remainder of the City. The "Delta Analysis" will address conlmen'ts on compliance with. Perfomtance Standards 2a, 4a, 4e, and 5c, Task 5: ESA will identifu properties where new floodplain development could result in new impervious surfaces exceeding l}Vo of the lot areas within the floodplain, This analysis will be provided to further document how existing floodplain development has already resulted in a highly altered floodplain landscape, with altered land cover and impervious surface common in many areas (as documented in the existing Best Available Science Issue Paper), For arpas where increase in impervious surface is anticipated, ESA will coordinate with the City to identify strategies for limiting impelvious surface creation or providing mitigation, This analysis and documentation will address cotnments on. compliance with Perfonnance Standard 4c, Task 6: ESA will complete analysis and provide additional documentation consistent with FEMA's guidance for vegetation retention2, Analysis will document the City's approach for maintaining (or improving) the current baseline condition of native vegetation. ESA will coordinate with the City to determine the assessment approach (whether to consider the floodplain environment, or use a watemhed-based approach as detailed by FEMA's guidance), Tlds anqb,sis and docunrcntation will address compliance with Perfonnance Standard 5b, Task 7: ESA will prepare for and participate in three (3) meetings with City staff and/ol IIEMA Region X to present the new analysis, updated materials, and City of Kent floodplain management consistency. Deliverables: ' Updated Biological Opinion Compliance Checklisr o "Delta Analysis" documentation, provided in an updated version of the Compliance Analysis Report or as a standalone document.. Results of analysis for impervious suLface and vegetation rctention performance standards, and companion documentation of how the Cify's approach is consistent with FEMA guidance, These materials will be provided in an updated version of the Compliance Analysis Report, ot'as a standalone document. Assumptions: ESA anticipates three (3) meetings with City staff and/or FEMA Region X. ESA anticipates providing up to one draft of deliverable materials, cost Estimate: The cost of these additional set'vices is estimated to be $8,349' There is $950 remaining in our current contract, An amendment of $7,399 is requested to complete this work, ESA staff, hours per staff, and cost estimates are provided for each of the proposed tasks in the attached table (Exhibit A), I http://www.fema,gov/national-flood-insurance.:pr'oqrarr-endangered"species-act 2 http ://www,i'emn, govilibrary/viewRecold.doSid=7039 2 ESA EXHIBIT ABudget Proposal - 2013 Modification for City of Kent Biological Opinion Gompliance WorkVersion: 1Project No.:Project Title: Bioloqical Opinion Comoliance - 2013 WorkClient: Citv of KentBudget Total:Project Manager: Teresa VanderburqDeputy Project Manager: Aaron BoovLocation: Kent. Washington$1 02$10229.00$2,671$1 ,81520.50$1,81s20.50$1,94620_00$8,24790.00TotalsHoursCost$1 02$0.s5'185.0unitsl nate lcostExpenses:1.000.500.502.00S. Bjork$ 90.00Hours8.008.00'10.004.004.004.0012.001 26.00S. Easton D. Pierce$ 72.00 $ 80.00Hours Hours10.006.006.0018.0040.00A. Booy$ 92.00Hours1.001.00M. Leech$ 128.00Hours1.506.50A. Root$ 135.00Hours2.OO1.501.502.501.000.500.500.50T.Vanderburg$175.00HoursMileageSubtotal ReimbursablesTask 4 GIS Delta Analysis & Checklist UpdatesTask 5 Imperuious Surface AnalysisIask 6 Vegetation Retention Compliance AnalysisTaskT CiU and Agency MeetingsSubtotal HoursReimbursable Expenses:Task99999Rate:Additional Services TotalsAmmount Remaining Under 2010 Contract2013 Ammendment Ammount$8,349$z 3,. CERTIFIuATE OF LIABILITY lNslrr{ANGE JAN 01 d INSURED Environmental Science Associates 550 Kearny Street, Ste 800 San Francisco CA 94108 * r;""rr{i.^;$T COVERAGES INSURA}ICE LI D INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE REVISION NUMBER: FOR THE ON OF ANY CONTMCT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\AN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "uToMoBlrrF SCHEDULED AUTOS , NON-O\ /NED AUTOS Ded. )ESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (AttachACORDl0l,AdditlonalRemarksSchedule,ifmorespaceisrequired) )210628.00; Kent Biological Option Compliance. City of Kent is named additional insured on GL coverage per endorsements CG 2010 07 04 nd CG 2037 07 04 attached. ANY AUTO ALL O!\NED AUTOS HIRED AUTOS DATE (MM/DD/YYYY} BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED LYMATTER LTERAFFIRMATIVELYTIVELY THISNCONFERSRIGNOUHTSNPOETHERTIcFICAtsTEAOFFORMAINONATIONCERTIFICAISSUEDTHISAS ESPOLtCIORATHEAFFORDCOVERAGETHEEDBYFICACERTIDOESTENOTNOREGAAMENEXTENDD, WAIVED, subject not confer rightscehificatecondifiohs totsTIONITIONALDDINSUthembeustendorsedRTAN,rPO T:the ts an RED,certificate holder policy(ies)tf to theondoesendorsement.an statementA thisandtheofcertainpolicy,maypolicies requrre In of such IPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. the terms certificate NArc #INSURER(S) AFFORDING COVERAGE ,t?)ttNsuRER A :Graenrarinh lnsr rrancc Cnmnanv PRODUCER ""' I;j Woodruff-Sawyer & Co. 50 California Sireet, Floor 12 San Francisco CA 94111 F_, f. ffiffitrEtHili,'i".i 17885rNsuRER B:Xl Snecialfu lnsurance Comoanv INSURER C: INSURER O: INSURER E: J INSIIRFR F : POLICY EFFlMMtnnryYwt POLICY EXP,MM/NN'YYYVI LIMITSTYPE OF INSURANCE INSR WVD POLICY NUMBER EACH OCCURRENCE $1,000,000 $1.000.000 $5 000MED EXP (Anv ona person) PERSONAL & ADV INJURY $1.000.000 $2 000.000GENERAL AGGREGATE PRoDUcrs - coMP/oP AGG $2.000.000 $ 3EC001 33671 0 1t1t20't3 1t1t2014 Contractual Liab OCCUR POLICY LOC PER:APPLIESLIMIT GENERAL LIABILITY CLAIMS.MADE COMMERCIAL sl o0o doo BODILY INJURY (Per person)$ BODILY INJURY (Per accident) ,$ $X X 11112013 11112014 $X AEC001 33651 0 EACH OCCURRENCE $1,000,000KX AGGREGATE $1.000.000 UMBRELLA LIAB EXCESS LIAB OCCUR cLATMS-MAbE s uEc0013366'1 0 1112013 11112014 DED RETENTION $ X WC STATU-OTH.FP $1 000.000E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $1.000.000 s1.000.000 N/A NEC001337410 1t112013 v1t2014 E.L. DISEASE - POLICY LIMIT WORKE-RS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describo under DESCRIPTION OF OPERATION$ beiuw Y/Ntl 11112013 I1112014 $1,000,000 $2,000,000 $1 00,000 Each Occurrence: Aggregate: Retention: Professlonal Liability Cov. A. Claims Made Retro Date: 10h189 & S11176 PEC001 33681 0 )ERTIFICATE City of Kent 400 West Gowe Attn: Nancy Yoshitake Kent WA 98032 CANCELLATION O 1988-2010 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. rfrruue ffi*t*- frt#rmrJ AUTHORIZED REPRESENTATIVE ,coRD 25 (2010/05) ., POLICY NUMBER: GECOO133671O This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A, Section ll - Who ls An Insured is amended to include as a n additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and adv ertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following addi tional exclu - sions apply: COMMERCIAL GENERAL LIABI LITY cG 20 10 07 04 This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Allwork, including materials, parts or equip ment furnished in connection with such work, on the project (other than service, mainte nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca tion of the cov ered operations has been com - pleted;or 2. That portion cf "your work" out of which the injury or damage arises has been put to its intended use by any pers on or organization other than another contractor or subcontrac tor engaged in performing operations for a principal as a part of the same project. Page I UNIFORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Of Coi'eredI naal ns Name Of Additional lnsured Person(s) Or an VariousANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE'BODILY INJURY" OR ''PROPERTY DAMAGE'' OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. this ns.s s cG 20 10 07 04 Copyright, ISO Properties, lnc., 2004 POLICY NUMBER: GEC00133671 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section ll - Who ls An lnsured is amended to include rs an additional insured the person(s) or or ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that ad ditional insured and included in the "products -completed operations hazard". COMMERCIAL GENERAL LIABILITY cG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Name Of Additional lnsured Person(s) Or Organization(s):Location And Description Of Completed Operations lnformation will be shown in the Declarationsired to com lete this Schedule if not shown abov PERSON OR ORGANIZATION IRED IN A WRITTEN COI'ITMCT OR WRITTEN REEMENT TO INCLUDE AS AN ADDITIONAL E EXECUTION OF THE WRITTEN CONTRACT OR RITTEN AGREEMENT NSURED PROVIDED THE'BODILY INJURY'' OR PROPERTY DAMAGE' OCCURS SUBSEQUENT TO cG 20 37 07 04 Copyright, ISO Properties, lnc., 2004 UNIFORM KENT WaSHlNcroN Agenda ltem: Consent Calendar - 7E City Council July 16, 2013 ESA - National Flood Insurance Biological Opinion Compliance Consultant Services Agreement - Authorize TO: DATE: SUBJECT: MOTION: Authorize the Mayor to sign an amendment to the ESA Contract for the National Flood Insurance Program Biological Opinion Compliance in an amount not to exceed $7,399, subject to final terms and conditions acceptable to the City Attorney and Public Works Director' SUMMARY: In September 2008, the National Marine Fisheries Service (NMFS) released a Biotogical Opinion on the effects of the Federal Emergency Management Agency's (FEMAi National Flood Insurance Program (NFIP) throughout Puget Sound. The NMFS stated that the NFIP was considered a'take'of endangered species within the Puget Sound because it allowed for development of areas affecting fish habitat' As members of the NFIP, the City of Kent must be in compliance with the Biological Opinion and must show that development will not constitute a 'taking'of endangered species, In 2011, the City contracted with an environmental sciences firm called ESA to review the City;s existing environmental and land use regulations to ensure they comply with the ruMfS Biological Opinion. The City submitted a compliance checklist and reference materials to FEMA in August }QLL, and received comments and recommendations on February 26,20L3. This proposed scope of work is to respond to FEMA's comments and is in addition to the original contract with ESA. The cost for additional services is estimated to be $8,349, There is $950 remaining in our current contract. An amendment of g7,399 is requested to complete the work in addition to the original contract of $47,600, for a total contract amount not to exceed $54,999' EXHIBITS: Scope of Work dated June 12, 2OL3 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There will be no unbudgeted fiscal impacts. This contract will be paid through the stormwater utility fund. REQUEST FOR MAYOR'S STGNATURE Please Fill in All Applicable BoxesKENT by Director ATTACH THE CO UNCIL MOTION SHEET FOR THE MAYOR - if A licable Atl Contracts Must Be Routed Through The Law Department Shaded Areas To Be ComPleted By Ad m i n istration Staff ntal Extension:Dept/Div. Engineering/Envi 5552 Originator's Name: Beth Tan Date Re uired:09Date Sent: ? c TRA CT RMI N E 3rlL3ATI1TDANoETNoYoshitakeReturn to: Nan E cou AP ALAT 31176RPVoCINLFoDVENDOR: ESA Document: ndment No, 4 is necessary for ESA to assist with updating the urance program Biological Opiniori Compliance Checklist' For tion' see th; attached councir -'HHffElVH,n JUL 3 o zo13 o,,,gtt"iJnt-'ilb-' Brief ExPlanation of The attached Ame National Flood Ins additional informa (This area to be completed by the Law Department) :, : I,- r, ' i' . :l , !,-l t':, i, ,....- ''.-.;' i: .. i. "' 1..' ., l.-r.' JLiL t; 1? ?]fi13 i.i;;.1", , ,:. -,.'iij i':i'":;' ' :' tou ri4u Received: Approval of Law DePt.: Law Dept. Comments: -I T\-r:,Date Forwarded to MaYor Received:RECENED Recommendations and Comments:JUL 3 1 ?013 'Y".P5ffDisposition/&"b- Date Returned: &/,2-