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HomeMy WebLinkAbout070621_ca10Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners (BoCC) Mark McCauley, Interim County Administrator FROM: Jodi Adams, Interim Director, Dept. Community Development David Wayne Johnson, Interim Planning Manager, DCD DATE: July 6, 2021 RE: Supplement #1 to the Professional Services Contract for BERK Consulting — Shoreline Master Program Periodic Review STATEMENT OF ISSUE: The purpose of this contract amendment is to allow BERK Consulting to continue their work assisting DCD staff by providing analysis and support to the County's completion of its periodic review to the Shoreline Master Program (SMP), after the expiration of the Ecology Grant Agreement SEASMP- 192 1 -JCDCD-0003 2 funding on June 30, 2021. ANALYSIS: The Professional Services Agreement (contract) has been instrumental in the County's ability to help manage, draft and finalize a code review and revisions consistent with RCW 90.58 the State Shoreline Management Act, and its implementing rules and requirements under WAC 173-26. The initial contract (not to exceed $40k) was completed with the understanding that consultant services would be paid from the Ecology Grant Agreement SEASMP-1921- JCDCD-00032. However, because of additional time needed to include potential revisions based upon new information and public and agency input, the Grant Agreement, which cannot be extended, will expire before the review and revisions are completed. BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 3 & 4 of the existing professional services agreement. Tasks 5, drafting revisions and finalizing the approval of the draft, will require the consultant to help complete. Once the Agreement is signed, the County will pay the consultant for services rendered from the General Fund via a Supplemental Budget Appropriation (attached). We anticipate completing the process by the end of September 2021. ATTACHEMENTS: 9 BERK SMP Contract Amendment # 1 Consent Agenda • Exhibit B Shoreline Master Program Supplemental Services • Exhibit C DCD 2nd Qtr. Appropriation Form • Contract Review Form - BERK Supplemental • BERK Jefferson SMP Contract 2020 0911 FISCAL IMPACT: This Supplement #1 adds $19,998.00 to the original contract. The required funds will be transferred from the General Fund through a one-time appropriation to the DCD budget for Professional Services/Consultants (attached). RECOMMENDATION: Execute the contract amendment. DEPARTMENT CONTACT: David Wayne Johnson, Interim Planning Manager, Department of Community Development REVIEWED BY: Mark McCaule nterim County Admi ' t for Da Organization and Address Supplemental Agreement Number 1 BERM Consultants, Inc. 2200 Sixth Avenue, Suite # 1000 Seattle, WA 98121 Agreement Number Pro j ect Number Phone (206) 324-8760 Project Title Original Contract Current Contract Estimated Contract Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement: Master Program Periodic Review $405000.00 $63038.45 $193998.00 Description Supplement No. 1 to Professional Services Agreement for Shoreline Master Program Periodic Review is appended with "Exhibit B -- Shoreline Master Program Supplemental Services" extending work in Task 5 Supplemental Meeting and Adoption Support. Current contract expires June 30, 2021. Exhibit B describes an extension to the contract term to provide additional staff support until final adoption of the "Locally Approved SMP" by the Board of County Commissioners, anticipated to occur prior to October 2021; "Exhibit C — Budget Supplement" to add $20,000 to the original contract amount for a Not To Exceed amount of $60,000 to provide a greater level of effort for professional services over a longer review and editing schedule. The Local Agency of _ Jefferson County _ _ _ desires to supplement the agreement entered into with BERM Consultants, Inc._ and executed on September 11, 2020 and identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic .Review All provisions in the basic Professional Services Contract, dated September 11, 2020, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2. Scope of Services, is hereby changed to read as follows: Consultant agrees to perforun the services identified on Exhibit "B" Task 5. Supplemental Meeting and Adoption Support attached hereto' including the provision of all labor. II 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 Coun to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. "Consultant shall perform all services and provide all work product required pursuant Exhibit B prior to final ado tion of the "Locally Approved Shoreline Master Program." III Section 4. Payment, is hereby changed to read at Section 4.a. as follows: Page 1 of 3 "Pa ment for the work provided by Consultant shall be made as provided on Exhibit "B" attached heretoprovided that the total amount of p4yment to Consultant shall not exceed $60 000 without the express written modification of the agreement signed by the Coun ." IV Section 15. Notices, is hereby updated to read at "Notices to Consultant shall be sent to the following address:" "BERM Consultin Inc. 2200 Sixth Avenue Suite # 1000 Seattle WA 98121" kM "Exhibit B", and "Exhibit C" are added to the Contract. Page 2 of 3 Signatures indicate agreement to the changes as stated in this Supplement #1 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this BERK Consultants, Inc. Consultant Consultant's Signature Date day of 20 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean, Chair Greg Brotherton, Member Heidi Eisenhour, Member Approved as to form only this 29th day of June 202 1 Philip Hunsucker, Deputy Prosecuting Attorney Jodi Adams, Interim Director Date Department of Community Development Page 3 of 3 June 14, 2021 Shoreline Program g: Supplemental ServiCe-,, Jefferson County is completing its periodic review of the Shoreline Master Program (SMP). The SMP will address recent amendments to the Shoreline Management Act and Ecology rules, ensure consistency with the comprehensive plan and development regulations, and address changed circumstances, new information, and improved data. As a key local initiative, the SMP periodic review will address Jefferson County's Regulatory Reform Program in Resolution 17-19 meant to evaluate development regulations like the SMP in order to reduce unnecessary complexity, inconsistencies, and unpredictable permitting paths, while continuing to protect public health and the environment. The SMP engagement process has included a SMP Task Force, stakeholder meetings, and online survey and story map. The SNIP periodic review amendments have been taken before the Planning Commission for briefings and a public hearing in June 2021, jointly held with the Washington Department of Ecology. The 2020 consultant scope identified conducting a public hearing and developing a recommendation for the Board of County Commissioners. The County wishes to have added consultant support for additional public meetings and responding to public, tribal, and agency comments. BERK Consulting, Inc. will continue to serve as prime and support Jefferson County with the periodic review requirements. Shannon & Wilson will continue to provide advice on elements of the periodic review related to biology and aquatic elements. Collectively the team is called the Consultant in the scope below, TaSk 5. Sup.,9P1%o--1,,.menta1 Meetinyo" Adoption Supporl- After the hearing process in Task 4, the Consultant will attend up to three additional decision maker meetings with either the Planning Commission or Board of County Commissioners. All meetings are assumed to be virtual. The Consultant will assist in responding to public, tribal, and agency comments. The consultant will attend up to three team meetings with County staff and Ecology staff to develop SMP amendments in response to comments. The Consultant will revise SEPA documents as appropriate for distribution by the County. The consultant will develop revised periodic checklist materials reflecting the final changes, and a summary of amendments made in response to comments received to support the submittal of materials to the department per WAC 173-26-1 10. Lisa Grueter Kevin Gifford Amy Summe Total Hours and Prime Manager Planner Biologist Estimated Cost 2020 Hourly Rate $225 $160 $ 90 by Task Tosk 5 Supplemental Meefing and Adoption Super 48 4 44 Subtotal 48 4 44 96 $19:"800 $ Total Estimated Hours Cost (Hours*Rate) Subtotal Consultant Cost Project Expenses at ^-I %cif Project Budget Estimated Project Total 48 4 44 96 $1 of8 $640 $8r360 $ 9., OO $19,800 $1 98 $ 1 9,998 d, DRAFT June 29, 2021 Client Proied Name K