HomeMy WebLinkAbout052819_ca20 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Philip Morley, County Administrator
FROM: Patty Charnas, Director, Dept. Community Development
DATE: May 28, 2019
RE: Supplement# 6 to the Professional Services Contract for BERK
Consulting,Additional Scope, Budget and Time Extension.
STATEMENT OF ISSUE:
The purpose of this amendment is to allow BERK to continue their work assisting DCD
managers to provide support to the county's completion of its updates to the draft Jefferson
County Critical Areas Ordinance (CAO) and to assist the county in working with a regulatory
reform task force regarding additional policy solutions on critical area development standards
with specific attention to what may be available for the agricultural provisions of the CAO.
This supplement provides additional consultant contract time and labor (182 hours)to provide
this support and assistance on the CAO.
ANALYSIS:
The Department of Community Development ("DCD") leads the County's efforts in the
Periodic Review and update of the Jefferson County Comprehensive Plan and Implementing
Regulations, pursuant to the requirements of the Growth Management Act.
Contracted professional services added needed capacity to DCD staff for analysis, writing, and
design of the products necessary for GMA compliance. The term of the current Professional
Services Agreement for Comprehensive Plan Periodic Review expires on May 31, 2019. The
services provided by BERK have been highly satisfactory and this work has assisted the
County in accomplishing a valid, solid and updated Comprehensive Plan and implementing
regulations that accommodates substantial Board feedback and policy direction received
during Board deliberations.
BERK has successfully accomplished to the satisfaction of the County all of tasks and
deliverables associated with Tasks 1 through 5 of the existing professional services agreement
except for the Task 3 SEPA documentation relating to critical areas ordinance update and
adoption. This was deferred after Board of County Commissioner direction to postpone critical
Consent Agenda
areas adoption while the updates to the Comprehensive Plan and nominal, other code updates
proceeded.
The purpose of this amendment is to allow BERK to continue their work assisting DCD
management to provide to provide support to the county's completion of its updates to the
draft Jefferson County Critical Areas Ordinance (CAO) and to assist the county in working
with a regulatory reform task force regarding additional policy solutions on critical area
development standards with specific attention to what may be available for the agricultural
provisions of the CAO.
The CAO update is in draft form currently and has largely accomplished its technical work
with respect to the consideration and inclusion of best available science. Work is also in draft
form regarding proposed rules on agricultural activities and critical areas protection. The
Board has requested, and this amendment is responsive to, the stated need on opportunities to
reform regulations, including the CAO, so that greater predictability and ease of understanding
results for county planners and for the general public and permitting customers. This
supplement provides additional consultant contract time and labor (182 hours) to provide a
support and assistance as described in Exhibit 0— Supplement to the Scope of Services.
This supplement extends the Professional Services Contract for BERK Consulting by 153 days
until October 31, 2019 and provides 182 additional consulting labor hours at an additional cost
of$33,970 to Jefferson County.
FISCAL IMPACT:
Appropriations approved by the BOCC through Supplement#4 total $70,670. The additional
$33,9700 for Supplement#6 will be requested in the 2nd Quarter 2019 supplemental budget
submission. Following the approval of this contract extension, the department will be
submitting a supplemental budget request for the $33,970 to support this Supplement#6 in 2nd
Quarter 2019.
RECOMMENDATION:
Execute the contract amendment.
DEPARTMENT CONTACT:
Patty Charnas, Director, Department of Community Development
REVIEWED BY:
5/2---49‘
Philip Morley, Cbu i Administrator Date
Organization and Address
Supplemental Agreement
Number 6 BERK Consultants,Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title 2,ontract Current Contract Estimated Contract
Professional Services Agreement for Not to Exceed: Balance: Supplement:
Comprehensive Plan Periodic Review $104,640.00 $44.28 $33,970
Description
Supplement No.6 to Professional Services Agreement for the Comprehensive Plan Periodic Review is
appended with: (1) "Exhibit 0 Supplement to the Scope of Services"adding a new subtask under Task 4;
(2) "Exhibit P Supplement to the Budget"adding an additional$33,970 to overall contract cost in support
of the Supplement; and(3)"Exhibit Q Supplement to the Schedule"describing an extension to the Time
for Performance from May 31,2019 to October 31,2019 adding 153 days.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants,Inc. and executed on February 5, 2018 and
identified as Agreement No. Professional Services Contract for Comprehensive Plan Periodic Review
All provisions in the basic Professional Services Contract,dated February 5, 2018, as amended by
Supplemental Agreement#1 executed on July 23, 2018; and Supplemental Agreement#2 executed on
September 26,2018; and Supplemental Agreement#3 executed on October 29, 2018; and Supplemental
Agreement#4 executed on December 17, 2018,remain in effect except as expressly modified by this
supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to read as follows:
Consultant agrees to perform the necessary services ands produce draft and final products as described in
"Exhibit 0-Supplement to the Scope of Services"attached hereto, including the provision of all labor.
Section 3.Time for Performance, is hereby changed to read as follows:
Work under this contract shall commence upon the giving of written notice by the County to the
Consultant to proceed. "Consultant shall perform all services and provide all work product required
pursuant to this agreement to a date not to exceed October 31,2019."
Page I of 2
II
Signatures indicate agreement to the changes as stated in this Supplement#6 to the Professional Services
Contract for Comprehensive Plan Periodic Review
DATED this 28th day of May, 2019.
BERK Consultants, Inc. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
Consultant's Signature Kate Dean, Chair
Date David Sullivan,Member
Greg Brotherton,Member
Approved as to form only this).8day of May, 2019.
Q• C. f ��,`""
Philip C. Hunsucker, Chief Civil Deputy Prosecuting
Attorney
Patty Charnas,Director
Department of Community Development
Page 2 of 2
Exhibit 0-Supplement to the Scope of Services May 13, 2019
Jefferson County
Critical Areas Ordinance Update
Regulatory Reform Initiative
Support to Task Force Addressing Critical Areas, Agriculture, and Environmental Protection
Scope of Services
Introduction and Understanding
Jefferson County intends to complete a periodic review and update of its Critical Areas Ordinance
(CAO) consistent with the State of Washington Growth Management Act (GMA). The County also desires
environmentally protective regulations that offer timely and fair permitting. Among other goals to
promote affordable housing and economic development opportunities, the County wishes to maintain and
enhance natural resource industries such as agriculture. See GMA goals at RCW 36.70A.020.
From 2015 to 2018, County staff commissioned professional reports from biologists and other experts
and drafted and reviewed amendments with the Planning Commission and sought comments from the
public. A presentation was made to the Board of County Commissioners in fall 2018 to share the current
proposals.
The Board anticipates forming a Task Force to address environmental protection, consideration of
anadromous fisheries, and agriculture, with stakeholder participation in each district. The County is
developing a charter for the Task Force.
At the County's request, within the scope of the Comprehensive Plan Update and Municipal Code Review,
BERK has prepared a high-level scoping document that:
■ Addresses potential regulatory reform and policy resolution opportunities in the substance and
administration of the draft CAO update.
• Identifies what additional policy solutions and other applicable development standards may be
available for the all critical area types and especially the agricultural provisions of the CAO to
support agriculture while still resulting in no net loss of ecological function.
To further support the CAO Update and the Task Force, the County is requesting that BERK provide direct
assistance to staff and the Task Force through white papers, memos and concept pieces from other GMA
jurisdictions that designate and protect critical areas. This assistance from BERK can further explore issues,
options, and draft policy or code language for Task Force and Board review.
:ill 1
Scope
TASK A. DEVELOP PAPERS ON CAO ISSUES AND OPTIONS
BERK will review, and if appropriate suggest refinement to the Task Force Charter and confer with
County staff in order to identify and bring forward appropriate sections from existing, adopted and
compliant CAOs from other GMA jurisdictions. If appropriate and value-added, BERK may work
cooperatively on the topics and outlines for one or more white papers addressing the CAO Update and
Regulatory Reform. The focus of Task A is the review, analysis and sharing of CAO approaches by other
jurisdictions, including verbatim language on critical area development standards from other recent,
GMA-compliant jurisdictions and where and how they could be considered for incorporation to the
currently-drafted Jefferson County CAO. This Task will not consider other policies or concepts at this point
in time.
TASK B. TASK FORCE SUPPORT
BERK will attend up to three Task Force Meetings at the County's direction. BERK will prepare discussion
topics, share suggested critical area development standards based on other GMA jurisdictions and
disseminate handouts or presentations for the meetings. If attendance is by Skype or phone instead, a
greater number of meetings will have direct BERK participation within budgeted resources. The County
may substitute meetings with the Board of County Commissioners or other body in place of Task Force
meetings. An example of an item for task force support that BERK could supply is:
Clark Clallam King Kitsap Whatcom
Report by Encouraged for Allow Submit a critical County or Authority to
Qualified habitat information area report at qualified require a
Professional resources. from qualified a level specialist may critical areas
Wetland professional determined by review if there assessment
sources or department to are critical report,to be
reports qualified adequately areas in the
confirmed by q y prepared by a
County. professionals. evaluate the field. qualified
County may proposal and The burden of professional
require all probable demonstrating and be
additional impacts. that any consistent with
information or proposed best available
may hire a science.
development is
qualified
professional at consistent with
the applicant's this title is upon
the applicant.
expense.
Scope of Report As required in As required in The department Director Analysis shall
code. code. may limit the determines be
scope to include adequacy of commensurate
only that part any special with the value
of the site that reports. or sensitivity of
is affected by a particular
the critical area
:111 May 13, 2019 Jefferson County I CAO Update Support 2
Clark Clallam King Kitsap Whatcom
development and relative to
proposal. the scale and
potential
impacts of the
proposed
activity.
Stewardship Plan Approved by Submit an Property owner Not applicable. Type 1 —self-
(agriculture) an ag-habitat alternate or applicant prepared. Type
technician agriculture may develop 2 or 3
certified by the worksheet. the farm Agriculture—
responsible management need
official. plan; County conservation
may conduct district/advisor.
site visit.
TASK C. CAO UPDATE AND ADOPTION SUPPORT
Based on County direction regarding the options desired to carry forward from Tasks A and B, BERK will
insert proposed code changes into the CAO Update draft. BERK will prepare a draft staff report for
County review that draws on the white papers and describes the proposed code changes. BERK will
update the draft SEPA Addendum prepared for the CAO Update in 2018 for County review and
issuance.
Cost Estimate
Based on the tasks above, a cost estimate is presented below. Time may be transferred from one task to
another provided all tasks are completed.
:111 May 13, 2019 Jefferson County I CAO Update Support 11 3
r
Exhibit P Supplement to the Budget
BERK Consulting
Jessica
Lisa Grueter Kevin Gifford Hartmann Patricia Taylor
Total Hours and
Principal Senior Associate Ill Project
Estimated Cost
Associate I Associate by Task
2019 Hourly Rate $210 $155 $140 $90
Task A.DEVELOP PAPERS ON CAO ISSUES AND
OPTIONS
Refine Charter,Identify Compliant CAO Sections,
White Paper(s) 48 28 16 6
Subtotal 48 28 16 6 98
$17,200
Task B:TASK FORCE SUPPORT
Meetings(Three or More) 32 16
Subtotal 32 16 0 0 48
$9,200
Task C:CAO UPDATE AND ADOPTION SUPPORT
Code Development and Adoption Support 24 12
Subtotal 24 12 0 0 36
$6,900
Total Estimated Hours 104 56 16 6 182
Cost(Hours*Rate) $21,840 $8,680 $2,240 $540 $33,300
Subtotal Consultant Cost $33,300
Project Expenses @^-2%of project budget $670
Estimated Project Total $33,970
:1111 May 13,2019 Jefferson County I CAO Update Support 4
Exhibit Q—Supplement#6 to Schedule
Professional Services Agreement for Comprehensive Plan Periodic Review
BERK Consultants, Inc. and Jefferson County,Washington
Summary of Schedule for Supplement #6
Dates Activity
Consult provides support in completing the draft CAO and assists DCD,
June 3—August 30, 2019 County management with the work of a regulatory reform task force in
producing policy options for CAO standards.
September 3—September Consultant produces draft deliverables for review and feedback.
15, 2019
September 16—October DCD, County Management review and provide feedback to consultant on
15, 2019 draft product.
Consultant prepares final product.
Final draft CAO provided. Contract completion date.
October 31, 2019
�i'I May 13, 2019 Jefferson County I CAO Update Support 5