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HomeMy WebLinkAboutBrown and Caldwell AG-C-3622009 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-362 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 BROWN AND CALDWELL, a corporation whose address is 701 Pike Street, Suite 1200, Seattle, WA 98101, 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. The CONSULTANT, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to storm and sewer utility modeling support. Types of work may include hydraulic modeling and associated professional services to support system analysis; capital improvement program development and implementation; system development, expansion, rehabilitation and replacement; system operations; vulnerability assessment; periodic model updates and hydraulic model program conversion. The task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the CITY prior to commencing any work for any individual task. 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 December 31, 2009, and can be amended by both parties for succeeding years. 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 Agreement for Professional Services AG-C362 Page 1 of 10 CHNI'Mm HOA N VI-Ii 121OW aK "f-]gfjV Z9£-a-JV �aala 40 'uae�sea lUea :Do sainsolou3 qw/pe/al pjawliedao gjoM ollgnd a99ul6u3 96eu1eaa WJOIS Meliea U111 'Ala iaouls. 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AG-C-362 AGREEMENT#: AG-C-362 TASK AMENDMENT NO B & C TO 09-013 Al CONSULTANT: BROWN & CALDWELL PROJECT#: On Call Sewer & Utility Modeling The general provisions and clauses of the Task Assignment and Agreement referenced above shall be in full force,and effect for this Task Assignment Amendment. Location of Project: Citywide Maximum Amount Payable per this Task Assignment: No Change Completion Date: December R. 2013 SCOPE OF WORK There is no change in the scope of work APPROVALS Consultant Project anager: Signature: 5. / ''—"`'� Dater City Project Manager: ,- Signature: Date: Zf I I AMENDMENT #1 TO TASK ASSIGNMENT B & C TO 09-014 FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT NO. AG-C-362 I AGREEMENT#: AG-C-362 TASK AMENDMENT NO.: B & C TO 09-014 Al CONSULTANT: Brown & Caldwell PROJECT#` Storn Utility Modeling Support The general provisions and clauses of the Task Assignment and Agreement referenced above shall be in full force and effect for this Task Assignment Amendment. I Location of Project: Citywide i Maximum Amount Payable per this Task Assignment: No Change i Completion Date: December 31, 2013 j SCOPE OF WORK There is no change in the scope of work i APPROVALS Consultant Proje Manager., r Signature: Date: 2- 1g-13 i I City Project Manager: i Signature: 7--- _ _Date: i i i I I ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT AGREEMENT NO: AG-C-362 TASK NO: B & C TO 09-015 CONSULTANT: Brown & Caldwell PROJECT NO: Auburn Golf Course Odor Investigation The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Auburn Golf Course Maximum Amount Payable per this Task Assignment: $6852.00 Completion Date: December 31, 2013 Scope of Work: See Exhibit A, which is attached hereto and by this reference made part of this Amendment. Approvals: Consultant Project Manager: Signature: �• Date: City Project Manager: Signature: GG Date: City Mayor Signature: Date Page 1 of 1 EXHIBIT A SEWER AND STORM UTILITY MODELING SUPPORT (AG-C-362) TASK ASSIGNMENT #15 AUBURN GOLF COURSE ODOR INVESTIGATION In this'Task Assignment,Brown and Caldwell(BC)will investigate potential causes of the summertime odor problems at the Auburn Golf Course and prepare a list of mitigation measures.This investigation will build upon the information we gathered during our site visit in December where we observed potential odor sources and discussed current inspection and cleaning procedures with Auburn staff. The results will be summarized in a brief technical memorandum that lists potential mitigation measures and preliminary cost estimates for each measure.We will perform the following activities: Pump station: • Review existing operational records (provided by the City) for the wastewater pump station • Identify and evaluate up to four potential odor control measures,such as: • Alternative operational strategies for the lift station to minimize wastewater residence time • Chemical addition,such as bioxide • Addition of a new vent from the lift station wet well allowing discharge of odorous air at a less sensitive location • Addition of a foul air treatment system Grease trap: • Compare the current quarterly schedule for grease trap cleanout with guidelines proposed by EPA and other sources. If appropriate,we will recommend an alternate cleanout or maintenance schedule that emphasizes active summertime management. Ocher: • Interview the restaurant manager to characterize current practices for handling and storing of trash, food scraps, and beverage containers,and learn about the conditions that led to noticeable odors within the restaurant kitchen and/or dining area. If appropriate suggest"good housekeeping" measures that could reduce potential odors related to restaurant waste. Deliverables: • Draft and final technical memorandum that summarizes the investigation methods,proposed mitigation measures,and preliminary cost estimates. Assumptions: • Auburn will provide existing operational records for the wastewater pump station. • Auburn staff may be contacted to provide follow-up information about current operation, inspection,and cleaning procedures and schedules.This information would be used to ensure the mitigation measures could be feasibility implemented. Page 1 of 2 EXHIBIT A AG-C-362,Task Order#15 Golf Course Odor Control Investigation Other Direct Costs ------------ ----------------------------------------- PM PA Sr Review Engineer Engineer Accounting Tech.Editor Total BC Total Travel Subs Markup Total Total ...... . .. ... Dubin Rowin Milne Tam Kansakar Foy Draheim Hours Direct ODCs _Direct Labor ------------------------------------ - . ....Tam K sak Direct.. Fee Multiplier Rate 2013 $1 B5.99 $81.18 $230.93 $160.22 $88.84 $68.57 $92.83 or &ODCs Task#151--Golf Course Odor Control Investigation Task management activities 2 2 1 5 $603 $0 $603 ......Review pump station operational_records 2 2 $320 $0 $320 valuate odor mil piton methods u too) 16 12 28 $3,630 $0 $3.630 Investigate grease trap clean out versus EPA 1 4 5 $541 _ $0 $541 Summarize food housekeeping measures for food/beverage disposal 4 4 $355 $0 $355 Prepare draft TM 1 1 4 1 7 $1 001 $0 $1,001 Re o. .to comments for final TM ..... ........... . ----- .-..... ............. ......... ........... -------3....... — ------$0 .. $402 TOTAL 41 4 0 24 20 1 11 54 $6,852 1 $0 $0 I $0 I $0 1 $6,852 Page 2 of 2 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. 3. COMPENSATION The CONSULTANT shall be paid by the CITY for completed services rendered under each approved individual task assignment. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. The CONSULTANT shall submit an itemized bill to the CITY prior to payment. The total compensation for this Agreement shall not exceed $50,000.00. The CONSULTANT shall be paid by the CITY based upon the fees included for each individual approved task assignment. These fees will be " not to exceed" lump sum figures based on the Fee Schedule outlined in Exhibit B for work performed under this Agreement. Exhibit B is attached hereto and by this reference made part of this Agreement. Compensation shall include all CONSULTANT expenses including, but not limited to, overhead, profit, and direct non-salary costs and shall not exceed that amount shown on each approved individual task assignment for engineering services under this contract. 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. Agreement for Professional Services AG-C362 Page 2 of 10 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, 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 engineering 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. INDEMNIFICATION/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 acts, errors or omissions of the CONSULTANT in performance of this Agreement. Agreement for Professional Services AG-C362 Page 3 of 10 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 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. Agreement for Professional Services AG-C362 Page 4 of 10 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. 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 Agreement for Professional Services AG-C362 Page 5 of 10 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. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Agreement for Professional Services AG-C362 Page 6 of 10 (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 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, Agreement for Professional Services AG-C362 Page 7 of 10 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 taws. 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. 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 attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. Agreement for Professional Services AG-C362 Page 8 of 10 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 Mike Milne 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 Attn: Tim Carlaw 25 W Main Street Auburn, WA 98001 Phone: 253-804-5062 Fax: 253-931-3053 E-mail: tcarlawCaD-auburnwa.qov Brown and Caldwell Attn: Mike Milne 701 Pike Street, Suite 1200 Seattle, WA 98101 Phone: 206-624-0100 Fax: 206-749-2200 E-mail: mmilne brwncald.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 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 AG-C362 Page 9 of 10 CITY OF AUBURN Peter B. Lewis, Mayor Date FEB 2 5 2009 ATTEST: Danielle E. Daskam, City Clerk BROWN AND CALDWELL ~ ; gy: r~ . Title: Federal Tax ID # Agreement for Professional Services AG-C362 Page 10 of 10 APPROVED AS TO FORM: EXHIBIT A SAMPLE TASK ASSIGNMENT AGREEMENT AG-C-xxx CONSULTANT: PROJECT #/Name: TASK xxx-xxxx-xxx The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: Completion Date: Scope of Work: Approvals Consultant Project Manager: Signature: City Project Manager: Signature: City Mayor, if Task Assignment is over $5,000: Signature: Date: Date: Date: Note: If this task assignment is over $25,000 then it must go before the appropriate Committee and City Council for approval prior to the Mayor's signature. Exhibit A Agreement No. AG-C-362 Page 1 of 1 EXHIBIT B FEE SCHEDULE Name Menicke, Kara Title Accountant II Hourly R - $73.56 Baker, Leslie Project Analyst $76.00 Park, Sharonne Scientist I $86.63 Wilcox, Shirley Word Processor IV $87.91 Korb, Liz Engineer II $106.10 Weber, Patrick Engineer II $106.92 Lee, Robin Engineer III $118.57 Dwyer, Angela Engineer III $119.00 Twenter, Justin Senior Engineer $133.65 Doten, Colleen Senior Engineer $136.16 Foged, Nathan Principal Engineer $140.68 Tobiason, Scott Principal Engineer $149.00 Chang, Sherrie Principal Engineer $154.97 Dubin, Tony Supervising Engineer $159.13 Diessner, Damon Managing Engineer $214.53 Milne, Mike Managing Engineer $214.53 Exhibit B Agreement No. AG-C-362 Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: 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 (i.e.: 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). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15tn • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-362 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 Hours Hourl Rate Amount Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processin 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Ex enses see attached documentation Char es Multi lier Amount Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90 Consultant Ex enses Subtotal $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 821.49 Subconsultant Hours Hourl Rate Amount ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00 Electrical Consultin , Electrical En ineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00 Movin Com an , Movin Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multi lier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN $ 2,860,00 $ 3,681.49 - Task Amount Authorized Prior Invoiced This Invoice Totallnvoiced To Date % Ex ended % Com leted Amount Remainin Original Contract $22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20°/o 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 $ 49706.49 $ 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-362 Page 2 of 2 AMENDMENT #1 TO AGREEMENT NO. AG-C-362 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO STORM AND SEWER UTILITY MODELING SUPPORT aw THIS AMENDMENT is made and entered into this.~a6~'day of 20041 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CIN°), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-362 executed on the 25t' day of February 2009. 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, 2010. 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-362 executed on the 25~' day of Febnaary 2009 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. BROWN AND CALDWELL ITY OF A By: Authorized signature Pete B. ewis, Mayor ATTEST (Optional): ATTEST: By: zoc~" ~-2~~---~- Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved,as to fo~p~--.-, _ Attorney for (Other Party) Danie B. Heid, Au urn CityAttorney - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Amendment No. 1 for Agreement No. AG-C-362 Brown 8 Caldwell Page 1 of 1 AMENDMENT #2 TO AGREEMENT NO. AG-C-362 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO STORM AND SEWER UTILITY MODELING SUPPORT ~ THIS AMENDMENT is made and entered into this day o , 201 Z, by and between the CITY OF AUBURN, a municipal corporation of the State of ashington (hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-362 executed on the 25"' day of February 2009 and as amended on the 30th day December, 2009. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2010. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: An additional $50,000.00 has been added to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-362 executed on the 25th day of February 2009 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. BROWN AND CALDWELL ITY OF B N / B Y is, Mayor P e. Lew AuthA!gnaturc ATTEST (Optional): ATTEST: B y: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appro d f Attorney for (Other Party) D' I B. Hei , urn i y Attor Amendment No. 2 for Agreement No. AG-C-362 Brown & Caldwell Page 1 of 1 * CITY OF * * AUBURN , WASHINGTON March 11, 2010 Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 Anthony M. Dubin Brown and Caldwell One Convention Place 701 Pike Place, Suite 1200 Seattle, WA 98101 RE: Agreement No. AG-C-362 Sewer and Storm Utility Modeling Notice to Proceed Dear Mr, Dubin: Enclosed please find a copy of the above referenced Task Assignment. This task Assignment has a completion date of December 31, 2010, with a not-to-exceed amount of $24,997.00. You are not authorized to perform work beyond the completion date, or expend funds above and beyond the not-to-exceed amount. This letter serves as your Notice to Proceed. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me directly at 253-804-5060. Sincerely, C~-~ "-)K` Tim Carlaw Storm Drainage Engineer Public Works Department TC/ja/hm Enclosure cc; Dani Daskam, City Clerk Tim Carlaw, Project Engineer AUBURN * MORE THAN YOU IMAGINED r AMENDMENT #3 TO AGREEMENT NO. AG-C-362 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO STORM AND SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into this 20~ ; day of , 2016 , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY'), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-362 executed on the 25th day of February 2009 and as amended on the 30th day of December, 2009 and the 5th day of February, 2010; The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2011. 2. SCOPE OF WORK: The scope of work is amended as noted in Exhibit A, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: An additional $239,806.00 has been added to the amount authorized in the original agreement. The total contract amount is increased to a total of $289,806.00 REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-362 executed on the 25th day of February 2009 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. BROWN AND CALDWELL B 6. Authorize signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appro a to r Attorney for (Other Party) Daniel B. eid, rn Ci r Amendment No. 3 for Agreement No. AG-C-362 Brown & Caldwell Page 1 of 3 SEWER AND STORM UTILITY MODELING SUPPORT (AG-C-362) 2011 SCOPE OF WORK OUTLINE This scope of work outline describes stormwater planning, modeling and design support activities to be performed by Brown and Caldwell (BC) to assist the City of Auburn (City) for the remainder of 2010 and 2011. This outline has been prepared in cooperation with City staff. Prior to beginning any of the activities listed below, BC will work with the City's Project Manager to prepare detailed Work Assignment scope and budget documents. Task 1. Reddington Levee Setback Support BC will evaluate the two preferred alternatives for rerouting the Brannan Park pump station stormwater to the former CRISTA Ministries property. Specific activities will include: • Modifying the existing MikeUrban hydraulic model of the Brannan Park area (GHI basin model) to represent the two preferred alignments identified by City staff • Using the model to calculate the required pipe length, diameter, depth of construction, and pumping capacities • Calculating the required area for a water quality pond to be located on the former CRISTA Ministries property • Conducting field visits as-needed to evaluate pipe alignments, pump station siting, etc. • Computing planning level cost estimates for the two alignments and finding the least-cost combination of pump station siting, pipe diameters, slopes and depths of construction • Evaluating the potential to address the airport area flooding (CIP #13) jointly with the Reddington Levee setback project • Evaluating the potential to address the C Street & 37`h Street NE area flooding jointly with the Reddington Levee setback project • Preparing a summary technical memorandum and maps to document our analysis methods and results Task 2. CIP Implementation Support BC will conduct hydraulic modeling to support the design and construction of stormwater CIP projects. Currently three projects have been identified for BC support: • Improvements to the 17`h and A Streets stormwater pond. BC will review of the City's monitoring data, prepare model revisions, and potentially make recommendations about enlarging/deepening the pond and revising the pond's outlet control structure. BC will provide modeling and hydraulic support for the design of the new piping and hydraulic structures along 17`h Street from Auburn Way South to A Street SE. • 2nd and G Streets stormwater bypass. BC will provide modeling and hydraulic support to City staff for the design of the bypass piping and hydraulic structures. • West Hill stormwater pond improvements. BC will continue to provide modeling and hydraulic support during the City's design and construction process for the expansion of the South 296`h Street pond and outlet control structure improvements to both the South 296`h Street and Bry's Cove ponds. Amendment No. 3 for Agreement No. AG-C-362 Brown & Caldwell Page 2 of 3 w r Task 3. Repair and Replacement Project Support BC will perform modeling and hydraulic analyses support as-needed for the City's upcoming repair and replacement projects. The scope of services for this task will be similar to analyses BC conducted in 2009 for the drainage improvements at M Street SE near 6th Street SE and for the storm drainage extension project south of SE 21St Street. Specific activities will likely include: • Preparing revisions to the existing MikeUrban hydraulic model of the area • Sizing any needed storm drainage infrastructure improvements • Preparing a brief technical memorandum and coordinating with City staff through the design Task 4. Update Storm Drainage Infrastructure Database and MikeUrban Model In this task, BC staff will continue updating the MikeUrban model of the storm drainage system with additional data provided by city staff. These updates will focus on completing the following: • T and LS basins in the south part of the city • Lea Hill annexation area • West Hill annexation area Auburn staff will provide manhole and pipe infrastructure data (e.g., diameters, invert elevations, locations), and BC staff will enter this information into the MikeUrban stormwater hydraulic model. BC staff will also export GIS coverage's of the pipe and manhole data from the models to help Auburn GIS staff provide mapping for the City staff's field inspection activities. This will be a collaborative effort. Task 5. Flow Monitoring, Model Calibration and CIP Refinement BC and its subcontractor, ADS, will conduct wet weather flow monitoring in the storm drainage system, and then use the flow data to calibrate the MikeUrban hydraulic model of the storm drainage to match the observed flows. Using the calibrated model we will revisit the CIP projects in the 2009 Storm Drainage Comprehensive Plan and determine whether the projects should be refined to a) help the City better meet its Level of Service goals or b) reduce the project construction costs. Specific activities include: • Collecting three months of wet weather flow monitoring data at 7 key locations. The flow data will be automatically collected in 5-minute increments using monitoring equipment installed and maintained by ADS. • Preparing a summary flow data report and graphics at the completion of the monitoring period (by ADS) • Using the flow data to calibrate the MikeUrban hydraulic model so that the model more accurately reflects observed conditions • Refining the facility sizing requirements for the CIP projects (to either improve their performance or lower their cost) • Preparing summary technical memoranda and cost estimates, as-needed, for any refined CIP projects Amendment No. 3 for Agreement No. AG-C-362 Brown & Caldwell Page 3 of 3 AMENDMENT #5 TO AGREEMENT NO. AG-C-362 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO STORM AND SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into this Id day of ' 2012, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG-C-362 executed on the 25`h day of February 2009 and as amended on the 30`h day of December, 2009, the 5`h day of February, 2010, the 27'h day of October, 2010 and the 14`h day of December 2011 The changes to the agreement are described as follows: 1 CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2013. 2. SCOPE OF WORK. There is no change in the scope of work 3. COMPENSATION: An additional $33,618 has been added to the amount authorized in the original agreement. The total contract amount is increased to a total of$473,424 00 REMAINING TERMS UNCHANGED- That all other provisions of the Agreement between the parties for AG-C-362 executed on the 25th day of February 2009 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. BROWN AND CALL�DWELL ITY 8U By. ' / a L- Authorize signature C/ Peter B. Lewis, Mayor ATTEST (Optional): ATTEST By LL,�, Its: Da elle E. Daskam, Auburn City Clerk Approved as to form (Optional) Approved as to form. Attorney for (Other Party) � Daniel B. Heid, Auburn City Attorney ----------------------------------------------------------------- Amendment No. 5 for Agreement No. AG-C-362 Brown & Caldwell Page 1 of 1 clry c1r ' BPeter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ouburnwa.gov * 253-931-3000 June 11, 2013 Tony Dubin Brown and Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE. Amendment No 2 to Task Assignment B & C TO 09-014 A2 Agreement for Professional Services, AG-C-362 Hydraulic Analysis and Inventory Support Dear Mr. Dubin: Enclosed please find an executed copy of Amendment No. 2 for the above referenced Task Assignment This amendment authorizes the work for Task Assignment#14 for the year 2013 and provides for the payment therefore. For the City's tracking and record keeping purposes, please reference AG-C-362 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Department of Public Works TC/ja/mh Enclosure I cc: Dani Daskam, City Clerk (copy letter only) AG-C-362 I I�I AUBURN * MORF THAN YOU IMAGINH) li AMENDMENT#6 TO AGREEMENT NO. AG-C-362 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO STORM AND SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into this," day of 2013, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"), and BROWN &CALDWELL(hereinafter referred to as the"CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-362 executed on the 25th day of February, 2009 and amended by agreement dated the 30th day of December, 2009; amended by agreement dated the 51'day of February, 2010; amended by agreement dated the 27th day of October, 2010; amended by agreement dated the 14th day of December, 2011, and amended by agreement dated the 12th day of December, 2012. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2014. 2. SCOPE OF WORK:There is no change in the scope of work. 3. COMPENSATION: The amount of this amendment is$50,000.00. The total contract amount is increased to a total amount of$523,424.00. See Exhibit B, Fee Schedule ,which is attached hereto, and by this reference made part of this Amendment. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-362 executed on the 25th day of February, 2009 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. BROWN AN IP CALDWELL CITY • -N By: d Authorized ignature Peter B. Lewis, Mayor ATTEST(Optional): ATTEST: iHe B '(.1W Its: Dante Y E. Daskam, Auburn City Clerk Approved as to form (Optional): Apprt v-d as z f. : IL . Attorney for(Other Party) raniel B. He •, Auburn City Attorney - Amendment No.6 for Agreement No.AG-C-362 Broqn&Caldwell Page 1 of 2 Brown AND Caldwell i Brown and Caldwell NOTES Rate List setup with a multiplier of 3.3 City of Auburn Projects Subconsultant markup of 3% Summary Hourly Rate List No APC added 12/13/2013 Name Title 2014 Hourly Rate Anderson, Steve Vice President Baker, Leslie Pro'ect Anal st III $ 86.43 Billing, Brandon Engineer III $ 123.26 Breeden, Jessica Accountant II $ 78.18 Bo le, Courtne Engineer III $ 125.66 Bucha, James Vice President $ 247.50 Diessner, Damon Mana•in• Scientist . w';-£ „ �'' ��",-., ` x_ Doten, Colleen Senior Engineer $ 140.25 Draheim, Dan Technical Writer $ 96.56 Dw er, Angela Senior Engineer $ 144.67 Fo•ed, Nathan Su•ervisin• En•ineer $ 184.83 Jacobsen Robert Senior Engineer $ 160.18 Kansakar, Pratistha Engineer I $ 92.40 Kell , Kathleen Pro'ect Anal st III $ 98.08 Kreider, Tiffan Pro'ect Anal st III $ 86.72 Merrill, Steve Vice President $ 243.28 Milne, Ellen Lead Illustrator $ 114.41 Milne, Mike Chief Scientist $ 242.48 Nelson, Erin EEREMIEMMIIIMIIIIIII $ 198.33 O'Neal, Michael _ .. • . $ 220.61 Park, Sharonne Scientist III $ 112.40 Paulson, Joel Su•ervisin• Engineer $ 182.23 Po•escu, Irina Senior Desi•ner $ 100.98 Robinson, Brent Engineer II $ 103.82 Rowin, Nanc Pro'ect Anal st II $ 86.06 Rundall, John Mana•in• En•ineer , , . ; i". Turk, Jon Princi•al Geol/H dro•eolo.ist $ 155.10 Twenter, Justin Princi•al Engineer $ 159.39 Weber, Patrick Senior En•ineer $ 130.78 Wilcox, Shirle Word Processor IV $ 87.91 AMENDMENT #5 TO TASK ASSIGNMENT B & C T009 -014 FOR ON -CALL PROFESSIONAL SERVICES AGREEMENT NO. AG -C -362 AGREEMENT #. AG -C -362 Pf ` • ikp,l TASK AMENDMENT NO. B & C TO 09 -014 A -5 CONSULTANT: Brown & Calwell PROJECT*: Hydraulic Capacity and Data Inventory Support The general provisions and clauses of the Task Assignment and Agreement referenced above shall be in full force and effect for this Task Assignment Amendment. Location of Project: No Change Maximum Amount Payable per this Task Assignment: Maximum Amount Payable per this Task Assignment for the year 2014 is $25,000. This amendment authorizes the work for Task Assignment # 14 for the year 2014 and provides for payment therefore. The total task assignment amount is increased by $25,000 for a total not to exceed amount of $100,000. Completion Date: December 31, 2014 Scope of Work: The scope of work is amended to include the following tasks. See Exhibit A, which is attached hereto and by this reference made part of this Amendment. All other terms and conditions of On -Call Professional Services Agreement No. AG -C -362, as amended, shall remain unchanged and in full force and effect. Approvals Consultant Projec anager: Signature: Date: Z R City Project Manager: Signature: —Date: City Mayor Signature: 103 2 5 14 EXHIBIT A SEWER AND STORM UTILITY MODELING SUPPORT (AG -C -362) TASK ASSIGNMENT #14 AMENDMENT FIVE HYDRAULIC CAPACITY AND DATA INVENTORY SUPPORT This scope of work amends Task Assignment #14 so that Brown and Caldwell (BC) can continue providing hydraulic capacity and data utvernoiy support work as requested for Auburn storm drainage projects. Expected projects supported by this amendment include: • Hydraulic calculations in support of the 17th Street SE storm drainage design project • East Ridge Lllanot modeling analysis • Development of the storm drainage system model in the West 1-Iill area and other areas where Auburn completes its stoma drainage inventory data collection • Other projects identified by City staff. Deliverables: • Fot hydraulic capacity activities, deliverables will be dcternducd jointly by the auburn and BC project managers. Generally, the deliverables will include a combination of summary tables, graphics and technical memoranda. • For data inventory activities, deliverables will include updated SW IM modeling files. Assumptions: • BC will only perform activities under this task assignment when directed to do so by Auburn staff. a The total level of effort will be limited to the total budget for this amendment. • The hydrologic and hydraulic modeling analyses will be conducted using S%%In1i\f models. �hase]P'hase D - i _ - • • • je,, • . Effort $144.67 $66.06 $78.18 $96.56 $103.82 141 Original Budget 179 $ 26,000.00 $ - $ 25,000.00 141 Amendment #1 - extension only 0 $ _ $ _ $ - 141 Amendment #2 Budget 173 $ 25,000.00 $ - $ 25,000.00 141 Amendment #3 Budget 201 $ 25,000.00 $ - $ 26,000.00 141 Amendment #4- extension only 0 $ _ $ _ $ - 141 Amendment #5 Budget 99 4 2 4 95 204 $ 25,000.00 $ 25,000.00 GRAND TOTAL 757 $ 100,000.00. $ - $ 100,000.00 AMENDMENT #7 TO AGREEMENT NO. AG -C -362 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORM & SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into this S day of 2 / , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT "), as an . Amendment to the Agreement between the parties for AG -C -362 executed on the 25" day of February, 2009, amended by agreement dated the 30' day of December, 2009; amended by agreement dated the 5th day of February, 2010; amended by agreement dated the 27" day of October, 2010; amended by agreement dated the 14'h day of December, 2011; amended by agreement dated the 12'h day of December, 2012; and amended by agreement dated the 12'" of December, 2013. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31. 2015. 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 or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -362 executed on the 24'h day of February, 2009 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. BROWN &�CALDDWELLL �� CITY OF AUBURN Authorized signature Nancy Ba(us, ayor ATTEST (Optional): ATTEST: By: Its Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved) as to form: Attorney for (Other Party) Daniel B. H id: Auburn City Attorney —_. Amendment No. 7 for Agreement No AG -C -362 Brown & Caldwell Pape 1 of 1 A—D-DuRN T WASHINGTON December 12, 2014 Nathan Foged Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 Nancy Backus, Mayor 25 West Main Street* Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 RE: Amendment No. 7 to Agreement for Professional Services, AG -C -362 Storm and Sewer Utility Modeling Support Dear Mr. Foged Enclosed please find an executed original of the above - referenced Amendment No. 7. This amendment extends the term of the agreement to December 31, 2015. For the City's tracking and record keeping purposes, please reference AG -C -362 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253 -804 -5060. Sincerely, Tim Carlaw Storm Drainage Engineer Community Development and TC /ja /mt Enclosure Public Works Department cc: Dani Daskam, City Clerk (copy letter only) AG -C -362 AUBURN* MORE THAN YOU IMAGINED � 3.1(0 AMENDMENT #7 TO AGREEMENT NO. AG -C -362 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORM & SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into thisay of , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT "), as an Amendment to the Agreement between the parties for AG -C -362 executed on the 251" day of February, 2009; amended by agreement dated the 30' day of December, 2009; amended by agreement dated the 5th day of February, 2010; amended by agreement dated the 27`h day of October, 2010; amended by agreement dated the 14`" day of December, 2011; amended by agreement dated the 12'" day of December, 2012; and amended by agreement dated the 12'" of December, 2013. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2015. 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 or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -362 executed on the 24" day of February, 2009 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. BROWN & CALDWELL CITY OF AUBURN By: W WiJ AuthoriZEfd signature Hancy Back , M yor ATTEST (Optional): ATTESST,: By: C Its Dani le E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to i 1 0 Attorney for (Other Party) badiel B. HeldrAoburn City Aftefirrey Amendment No. 7 for Agreement No. AG -C -362 Brown & Caldwell Paqe 1 of 1 A 3. I (V A AMENDMENT #8 TO AGREEMENT NO. AG -C -362 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORM & SEWER UTILITY MODELING SUPPORT THIS AMENDMENT is made and entered into this ,)Y�- day of 2015, by and between the CITY OF AUBURN, a municipal corporation of the State ofte of Wa� hereinafter referred to as the "CITY "), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT "), as an Amendment to the Agreement between the parties for AG -C -362 executed on the 25'h day of February, 2009; amended by agreement dated the 30` day of December, 2009; amended by agreement dated the 5th day of February, 2010; amended by agreement dated the 27'" day of October, 2010; amended by agreement dated the 141h day of December, 2011; amended by agreement dated the 12`h day of December, 2012; amended by agreement dated the 12" of December, 2013 and amended by agreement dated the 51h of December, 2014. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the term of the Agreement. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: See Exhibit B, Fee Schedule, which is attached hereto, and by this reference made part of this Amendment. There is no change to the amount authorized in the original agreement or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -362 executed on the 24m day of February, 2009 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. BROWN & LDWELL CITY OF AUBURN By - C Authorized signature Wancy Back ayor ATTEST (Optional): ATTEST: f /j Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Attorney for (Other Party) Daniel B. Heid, Auburn City Attorney Amendment No. 8 for Agreement No. AG -C -362 Brown & Caldwell Pape 1 of 1 Brown AND Caldwell i Brown and Caldwell City of Auburn Projects Summary Hourly Rate List 2/4/2015 rWN NOTES Rate List setup with a multiplier of 3.3 Subconsultant markup of 3% No APC added green highlight denotes a capped rate Name i Ales, Margaret Title' Senior Engineer 2015� Hourly Rate - I $ 130.12 Anderson, Steve Senior Vice President $ 231.00 Baker, Leslie Project Analyst III $ 89.03 Bard, Ronald Managing Engineer $ 241.99 Billing, Brandon Senior Engineer $ 131.27 Boyle, Courtney Senior Engineer $ 133.19 Breeden, Jessica Pro'ect Accountant II $ . 8131 Bucha, James Vice President $ 257.43 DeBoer, Matthew Senior Engineer $ 148.67 Dickerson, Jessica Project Analyst III $ 96.43 Diessner, Damon Managing Scientist $ 231.00 Doten, Colleen Senior Engineer $ 145.17 Draheim, Daniel Technical Writer $ 100.42 Fo ed, Nathan Supervising Engineer $ ! - 192.23 Foy, Carrie A Accountant 1 $ ! 76.69 Fuchs, Valerie Engineer III $ 11824 Gage, Eva D Project Coordinator II $ 81.58 Guerette, Jessica Principal Engineer $ 189.35 Jacobsen, Robert Principal Engineer $ 165.03 Kansakar, Pratistha Engineer II $ 97.94 Kreider, Tiffany Project Analyst III $ 89.36 Lawler, Amanda Engineer 11 $ 94.81 Leavitt, Moe Senior Engineer $ 147.64 Lee, James A Project Analyst I $ 74.78 McKelvey, Ian Principal Engineer $ 146.62 Melton, Erin PA Mana er I $ 112.60 Merrill, Steve Vice President $ 250.57 Milne, Ellen Lead Illustrator $ 119.00 Milne, Mike 7 Chief Scientist $ 257.04 Mobley, William Principal Engineer $ 147.18 Neal, Amy Principal Engineer $ 157.61 O'Neal, Michael Managing Engineer $ 226.15 Ong, Hue D Principal Designer $ 136.06 Pare, Wendy M Supervisor, Word Processing $ 99.59 Park, Sharonne Senior Scientist $ 116.92 Paulson, Joel Supervising Engineer $ 187.70 Robinson, Brent Engineer III $ 111.08 Rowin, Nancy G Project Analyst 11 $ 90.35 Rundall, John Managing Engineer $ 231.00 Saltanovitz, Katherine Senior Engineer $ 142.79 Schneider, Douglas Managing Engineer $ 234.23 Turk, Jonathan N Principal Geol /H dro eolo ist $ 160.55 Twenter, Justin Principal Engineer $ 164.97 Weber, Patrick Senior Engineer $ 137.35 Wilcox, Shirley Word Processor IV $ 87.91 Wood, Kirsten En 1 neer II $ 102.10 * * C10512-CITY OF AUBURN Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 December 15, 2015 Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Agreement for Professional Services, AG-C-362 On-Call Storm & Sewer Utility Modeling Dear Mr. Milne: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on September 14, 2015, for invoice #14249764 in the amount of $2,268.26. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by December 23, 2015. Thank you for your firm's professional services. If you should have any questions, feel free to give me a call at 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Community Development & Public Works Department TC/cw/as cc: City Clerk AG-C-362 AUBURN * MORE THAN YOU IMAGINED