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HomeMy WebLinkAboutAnchor Qea LLC AG-C-348 - CLOSED 12/30/2010A:-~.►~.I 2009 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-348 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 ANCHOR QEA, LLC, whose address is 3312 Rosedale Street, Suite 204, Gig Harbor, WA 98335, 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 See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 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. 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 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 total compensation for this Agreement shall not exceed $220,000.00. Paid per rates are attached in the fee schedule as shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Agreement for Professional Services AG-C-348 Page 1 of 14 The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. AI► above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services 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. 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. Agreement for Professional Services AG-C-348 Page 2 of 14 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 indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) Agreement for Professional Services AG-C-348 Page 3 of 14 the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 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 Agreement for Professional Services AG-C-348 Page 4 of 14 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. 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 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. Agreement for Professional Services AG-C-348 Page 5 of 14 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 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 Agreement for Professional Services AG-C-348 Page 6 of 14 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: (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. Agreement for Professional Services AG-C-348 Page 7 of 14 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, 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 laws. 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 Agreement for Professional Services AG-C-348 Page 8 of 14 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. 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 shalt be administered by Jerry Bibee, PE, 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: 253.804.5060 Fax: 253. 931.3053 E-mail: tcarlaw@auburnwa.gov Anchor QEA, LLC Attn: Jerry Bibee, PE 3312 Rosedale Street, Suite 204 Gig Harbor, WA 98335 Phone: 253.858.5552 Fax: 253.858.5553 E-mail: jbibee@anchorqea.com Agreement for Professional Services AG-C-348 Page 9 of 14 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-C-348 Page 10 of 14 ATTEST: Dani E. Daskam, City Clerk APPROVED AS TO FORM: DMiel B. Held-,City Attor?v6y ANCHOR QEA, LLC ~ BY: A&A Title: N,r4 r\C'.,, Federal Tax ID # Agreement for Professional Services AG-C-348 Page 11 of 14 EXHIBIT A SCOPE OF WORK CITY OF AUBURN MILL CREEK PEASLEY CANYON ROAD CULVERT REPLACEMENT PROJECT This Exhibit A defines the professional engineering services to be provided to the City of Auburn, Public Works Department, Utilities Section (City) by Anchor QEA, LLC (Consultant) for the Mill Creek Peasley Canyon Road Culvert Replacement Project (CP0819). This project will be completed by the Consultant in coordination with various subconsultants. Only those services and deliverables identified as Phase 1, Design and Permitting Assistance, will be authorized for the initial work phase; Phase 2 Construction Management Assistance Services are intended to be added by contract supplement after completion of Phase 1 services. Project Background, Description, and Needs This project is located on Mill Creek at the Peasley Canyon Road crossing, approximately 400 feet upstream from the mouth of Peasley Canyon at the Mill Creek West Valley Highway crossing. A significant reduction in channel gradient occurs in the area of the existing culvert(s). That change is gradient, coupled with channel erosion that is occurring in the canyon and headwater areas upstream of the culvert, results in ongoing channel bed aggradation through and downstream of the existing culverts. Site observation suggests that the channel is approximately 50 percent (or greater) obstructed by accumulated sediment through the culvert, and that the downstream reach has similarly aggraded by a few feet, thus limiting the existing culverts hydraulic capacity and potentially adversely affecting fish passage through it. City staff have also noted that leakage has occurred at the existing culverts within the road prism fill (a concern for potential culvert and road fill structural failure), as evidenced by the recent and past pavement and embankment fill repairs that City maintenance staff have made over the existing culverts. The Park-n-Ride lot on the south bank downstream of the culverts has further constricted the channel and reduced the local riparian corridor width. Invasive plant species (Reed canarygrass, Japanese knotweed, and Himalayan blackberry) are evident along the channel upstream and downstream of the crossing. The project improvement need is to replace the existing circular corrugated metal pipe culverts with a larger span bottomless concrete box culvert (or equivalent hydraulic structure) that has the requisite capacity for high flood flows conveyance and that also provides for juvenile or adult fish passage maintenance over the required range of fish passage flows. The improvements will need to function properly with continued sediment aggradation or have designed access and an approved Hydraulic Project Approval (HPA) provision to allow periodic channel bed sediment cleanout. In addition, excess sediment in the downstream channel (extending downstream to the West Valley Highway Crossing) will likely need to be removed with associated restoration of that channel section. Depending on the selected alignment for the replacement culvert crossing, upstream channel realignment and restoration may also be necessary. An optional sediment trap may also need to be considered as part of the improvements. The primary issues and challenges that design, permitting, and construction work for these improvements will need to address include: • Selecting the replacement culvert hydraulic structure type, size, and location to meet roadway flood protection and fish passage needs • Providing for potential maintenance of ongoing sediment deposition in and adjacent to the replacement culvert • Improving connectivity of downstream/upstream habitats . Maintaining adjacent wildlife protection (i.e., Great Blue Heron rookery) • Achieving environmental permitting approvals (including ESA) within the available project timeline to facilitate project construction in the summer 2009 fish/wildlife work windows • Limiting traffic disruption during construction • Achieving agreements to construct and maintain improvements within Washington State Department of Transportation (WSDOT) right-of-way (ROW) or easements to be secured • Minimizing public safety risks and Park-n-Ride disturbance during construction • Coordinating with franchise utility providers for any required utility relocations • Gaining cooperation of tribal interests and other local stakeholders in support of project permits issue . Minimizing project costs to achieve budget compliance The following Scope of Services and Deliverables outlines the Consultant's understanding of the service needs and products for each scope task as the basis for estimated effort and costs to complete. The estimated fee for Phase 1 Services is included following the Scope of Services (as detailed in Exhibit B) along with the schedule for completion. A detailed schedule will be developed as part of Phase 1, Task 6 services. SCOPE OF SERVICES In the Scope of Services below, Phase 1 services include all expected service needs for solutions development and preliminary/final design extending through bid period assistance services. Phase 2 would extend services through the project construction phase. A detailed scope of work is provided for recommended Phase 1 tasks; a more general scope of work is provided for potential Phase 2 services, and if authorized, a tailored scope for those Phase 2 services would be developed prior to the completion of Phase 1 services. It is understood that initial contracting will be limited to Phase 1 services. General Assumptions, Standards, and References The following general assumptions have been made in developing the Phase 1 Scope of Work and Fee Estimate for the Mill Creek Peasley Canyon Road Culvert Replacement Project. Additional specific assumptions are included in the Phase 1 Scope of Work task descriptions. 1. The City will provide the following items (ar other mutually agreed to items) on request of the Consultant • City GIS database and aerial base photo for the project area • Field surveyed base map (AutoCAD 2007 compatible format), point files, and field notes . Existing reports, memorandum, as-built drawings, hydrologic/hydraulic models and other available information pertinent to the project design . Existing utilities information available in City records or collected by field survey (beyond that contained in the GIS database) . Available WSDOT right-of-way designation and adjacent parcel ownerships in the local project area . Auburn City Code Critical Areas Ordinance requirements applicable to proposed project actions . Peasley Canyon Road closure duration and timing limitations . Peasley Canyon Road temporary closure and traffic control approvals, along with traffic control crew to facilitate geotechnical field investigation within the road corridor • City standard construction cost estimate template (MS Excel format) • City standard Special Provisions to the standard specifications (MS Word format) 2. The Consultant shall utilize the following standards and references in the performance of project services: . Auburn City Code (ACC) requirements and referenced standards • Auburn roadway and stormwater management and facility design standards • Department of Ecology, Stormwater Management Manual for Western Washington (2005 version) • WSDOT Highway Runoff Manual and Hydraulics Manual requirements and standards • WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2008 version) 3. Unless otherwise noted, all deliverables will be submitted by the Consultant to the City for review and comment. Upon receipt of comments, the Consultant will address any comments, make appropriate revisions, and resubmit the final version, except for submittals where the consultant will submit those revisions with another planned deliverable (e.g., technical memoranda revisions incorporated to preliminary design report). Unless otherwise noted, 2 hardcopies and 1 electronic file (PDF format typical) will be submitted for final deliverables. For final design drawings issued far construction, mylar hard copies will be provided (size and type to be specified by the City) 4. Design drawings will be produced and submitted in AutoCAD 2007 (or back-saved to a lower version if requested) and PDF format. The Consultant will ensure that submitted electronic files adhere to City design standards. 5. In soils, foundation, groundwater, or other subsurface investigations, the actual characteristics may vary significantly between test points and sample intervals and at locations other than where observations, explaration, and investigations have been made. Because of inherent uncertainties in subsurface evaluations, changed ar unanticipated underground conditions may occur that could affect the total Project costs and/ar execution. These conditions and associated cost/execution effects are not the responsibility of the Consultant. 6. Ultimate project costs are dependent on a variety of competitive bidding and market- driven conditions beyond the Consultant's controL The Consultant will not warranty that the actual project costs, financial aspects, economic feasibility, or schedules to construct improvements will not vary from the Consultant's cost opinions, analyses, projections, or estimates. 7. Certain tasks for the design and construction of this project may not have been included in the Scope of Work due to uncertainty in their need at this time ar other currently unknown requirements that may evolve as the design progresses. The City may choose to amend the scope of work for these supplemental services. Some of these potential additional services are highlighted with the Phase 1 Scope of Work included herein. 8. This Agreement authorizing the Exhibit A- Phase 1 Scope of Work has an anticipated start date of February 2, 2009 and is expected to be completed by July 1, 2009. The Consultant's ability to meet this completion date is contingent on various factors and activities under Consultant's control; however, other factors beyond Consultant's control could affect the targeted schedule for project completion (e.g., permitting agencies permits processing schedule). The Consultant will use all reasonable means to keep the project moving forward on schedule for successful construction within the construction window. Phase 1 Scope of Work and Deliverables Task 1- Site Characterization and Design Concepts Development 1.1 Site Topographic Survey and Base Map Development The Consultant will provide direction to City staff to define the project survey needs for base map development. This will include a memorandum request with annotated aerial base map. It is understood that the City will provide all required field surveys and associated data reduction. Requested survey data are anticipated to include tie in of existing rights-of-way, a stream profile survey (extending downstream and upstream of the culvert crossing), cross-sections/topographic survey with culvert details within the expected project work area, utility locates and pickups, and other miscellaneous survey pickup needs including ordinary high water limits, flagged wetland boundaries, geotechnical borings, etc. The Consultant will meet City Survey Department staff at the site to review the site-specific survey needs, set locations for key cross-sections (where stream hydraulic control exists), and answer any questions regarding the survey request. The City will reduce all survey data, produce a survey points file, and prepare an AutoCAD-compatible topographic base map for the Consultant team's review and identification of any added survey pickup needs. The Consultant will set up and structure a base map with other merged GIS datasets to produce a design-ready AutoCAD base map to use in design solutions development and depiction. 1.2 Existing Information Review Including Utilities, Right-of-Way, and Traffic Control The Consultant will review existing documents pertaining to the Peasley Canyon Road crossing including the City's 2007 aerial photography and topographic mapping, prior Mill Creek basin hydrology reports, existing as-built roadway improvement plans, existing wetland mapping and/or critical area reports, prior geotechnical reports, existing utilities mapping, right-of-way limits, etc. Based on that review, the Consultant will summarize existing information pertinent to the culvert replacement design for project team and City staff review. The Consultant will coordinate with City and WSDOT staff regarding gaining approvals for siting of improvements beyond the culvert crossing within the existing WSDOT ROW. If WSDOT ROW permits are required, the City will lead the effort to secure the required project improvements siting and access permits with assistance provided by the Consultant. The Consultant will also assist the City with identifying the need for and alternatives to short-term construction phase closure of Peasley Canyon Road to facilitate installation of the replacement culvert(s). City staff will identify traffic control requirements for full or partial road closure. The Consultant will prepare a brief inemorandum to summarize requirements for and estimated (preliminary) costs far traffic control along with potential avoided project costs for culvert alternatives under full/partial road construction closure or local detour options. City staff will decide on the preferred approach for road closure or temporary detour considering the Consultant's input along with City Administration and Council guidance. 1.3 Hydrologic and Hydraulic Analyses Assuming the existing Hydrologic Simulation Program Fortran (HSPF) continuous simulation hydrologic model input file if found to be available from prior work conducted by others, the Consultant will update that model to reflect current land cover based on the City's impervious cover GIS database and considering recent aerial photography. Precipitation data will be updated to reflect the most-recent local, comprehensive, time- series data. Recent King County Peasley Canyon stream gage data will also be collected and used in HSPF model calibration assuming adequate, good quality data exists. Simulations will be run with the resulting HSPF model to evaluate expected recurrence interval peak flows, seasonal (monthly) mean flows, and monthly and annual flow-duration as the basis for fish passage flows determination consistent with Washington Department of Fish and Wildlife criteria. Alternatively, if the existing HSPF model is not available, the Consultant will assess peak flow estimates from prior modeling analysis (by others) coupled with analysis of recent, representative stream gage data for estimation of fish passage flow ranges. The Consultant will develop a Hydraulic Engineering Center - River Analysis System (HEC- RAS) hydraulic model of Peasley Canyon tributary using the surveyed channel and culvert cross-sections, extending upstream from the confluence with the Mill Creek mainstem to approximately 1,000 feet upstream of the Peasley Canyon culvert crossing. If adequate high water mark and concurrent peak flow data can be obtained, the existing condition HEC-RAS model will be calibrated to that information. If not, then engineering judgment will be used in adjusting hydraulic analysis parameters. This model will be developed primarily for analysis of culvert and adjacent channel hydraulics far proposed conditions with recommended improvements, but the existing culvert and alternatives improvements will also be analyzed with design development. Results of the hydraulic analysis will be used to confirm the culvert capacity to convey design event peak flows, to evaluate culvert hydraulic conditions under the range of fish passage flows, and as the basis for channel geomorphology analysis (Subtask 1.6) for substrate material erosion threshold analysis and replacement material sizing. The basis, assumptions, and results of the hydrologic and hydraulic modeling analysis will be summarized by the Consultant in a technical memorandum for City staff review, comment, and concurrence. 1.4 Wetlands and Ordinary High Water Limits Assessment, Mapping, and Stream Typing The Consultant's wetland scientist will prepare for and conduct a wetland delineation to flag the boundaries of stream corridor wetlands found in the designated wetland inventory area. The limits of wetland investigation will be consistent with the approximate topographic survey limits, extending from West Valley Highway upstream to approximately 300 feet upstream of the Peasley Canyon Road crossing. Wetland areas found will be described and delineated using the U.S. Army Corps of Engineers' (ACOE) Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Apri12008), the Washington State Wetlands Identification and Delineation Manual (1997), and as defined within Auburn City Code (ACC). Data on dominant plant species, soil conditions in test pits, and evidence of hydrologic conditions will be recorded on wetland data forms. Wetland boundaries will be flagged in the field in a manner that clearly identifies the wetland area. The Consultant will attempt to use a portable GPS unit to document the location (X, Y coordinates) of those boundaries; however field survey pickup of the flagged wetland boundaries by the City Survey Department crews may be required if adequate GPS satellite coverage isri t accessible. Wetland vegetation classes present within each delineated wetland area will be documented by the Consultant based on U.S. Fish and Wildlife Service (USFWS) classification methods (Cowardin 1979). Wetland ratings will be prepared based on the Revised Washington State Wetland Rating System for Western Washington (2004) and the ACC. A detailed wetlands functional assessment is not included within the work scope. Wetland buffers will be assessed based on the ACC and will be shown as offsets to the established wetland boundaries on wetland delineation maps. The Consultant will prepare a jurisdictional wetland delineation report. The repart will include a brief description of dominant vegetation, soil characteristic and hydrology indicators for each wetland and the wetland type (USFWS) and category (based on current Ecology criteria). The report will also include a brief description of the regulatory framework affecting the described wetlands. Wetland data sheets based on the Corps of Engineers Western Mountains, Valleys, and Coast Region Interim Regional Supplement and Washington State Wetland Rating Forms will be completed and included as an appendix to the delineation report. The Consultant will also identify Ordinary High Water (OHW) limits along the Mill Creek Peasley Canyon Tributary within the topographic survey limits and consistent with Chapter 90.58 RCW. Boundaries of the OHW will be flagged for pickup using a portable GPS unit (if possible), or alternatively by City Survey Department crews. The stream type will be determined based on the Washington Department of Natural Resources (DNR) classification systems. The stream types under both the WAC 22-16-030 water typing system and the WAC 222-16-031 interim water typing system will be documented. Stream buffers will be assessed based on the ACC and shown on a stream identification map. 1.5 Fish Passage and Habitat Assessment The Consultant's fisheries biologist will conduct a fish passage field investigation including a field walk of the Mill Creek Peasley Canyon Tributary channel for the affected design reach to characterize existing conditions and any passage deficiencies. The type and nature of identified fish passage problems will be summarized by the Consultant in a field observation repart. At the City's direction, the Consultant will coordinate with the Washington Department of Fish and Wildlife (WDFW) regional habitat biologist regarding project improvement needs/alternatives, the applicable Hydraulic Project Approval (HPA) fisheries work window, and the option for use of the expedited permit process for restoration projects. The Consultant will also identify WDFW and NOAA fisheries fish passage design criteria as applicable within the design reach for documented species use (both adult and juvenile). Far the recommended replacement culvert, the Consultant will evaluate fish passage over the anticipated flow ranges established from Task 1.3 hydrologic analysis considering the target fish species and the timing of their expected presence. This will include identification of concepts for improved and sustainable fish passage at the replacement culvert and in the adjacent channel reaches. Alternative fish passage improvement concepts (i.e., use of roughened channels, step pools, LWD groupings with boulders, etc) will be consistent with expected channel morphology and stream sediment dynamics (evaluated in Task 1.7). The recommended concept(s) will meet requirements of the WDFW design guidelines for fish passage at roadway culverts. It is expected that a stream simulation design approach will be used to determine the required span of the improved crossing. The Consultant will summarize the basis and results of the fish passage evaluation in a brief technical memorandum for City staff review and concurrence. 1.6 Wildlife Habitat Assessment The Consultant's wildlife biologist will gather available PHS information on wildlife species in the project area and will research the Great Blue Heron Rookery that currently ar previously existed in close proximity to the project site. A site investigation will be conducted to document evidence of the presence/absence of heron rookery features and any PHS species of concern. The area of effect and construction window associated with the heron rookery (if still present) will be confirmed. The Consultant will prepare a brief technical memorandum to document findings of the wildlife assessment as pertains to potential limitations to project improvements. 1.7 Geotechnical Investigation and Engineering Evaluation The Consultant will hire a subcontract driller to advance two (2) borings under the Consultant's observation in the vicinity of the proposed upstream ends of the new culvert alternative alignments. These borings will be targeted at 40 feet deep, although the final depth may be modified in the field depending on conditions encountered. Samples will be collected and characterized in the field by Consultant's geologist or geotechnical engineer. In addition, laboratory tests will be conducted by a subcontract soils testing laboratory at the Consultant's direction to confirm the field soils classification at the boring locations and to further classify the engineering parameters of selected samples of the site soils from those borings. In addition to the geotechnical borings, the Consultant's geologist or geotechnical engineer will perform a full day of field work to advance up to 6 hand auger explorations along existing and potential alternative (new) alignments of the channel upstream and downstream of the proposed culvert improvement. In addition, and up to 2 hand auger explorations may be made along any proposed berms or temporary access road alignments as applicable for improvement alternatives. While this effort targets a total of 8 explorations, the field work will be limited to one day in duration and, therefore, the total number of hand augers performed may vary from the target. Hand auger locations along the stream channel alignments (existing and proposed) will have priority during this field effort. It is assumed that the City will provide the pre-exploration site survey information including utility locates, that truck-mounted driller access can be achieved by a temporary lane closure with traffic control provided by the City, and that City staff will obtain any required permits (the Consultant will assist) to complete the exploration program. The Consultant will evaluate the results of the site investigation, summarize soil conditions encountered, and prepare geotechnical engineering recommendations for a Geotechnical Engineering Report. This report will include the following: • Summary boring logs from geotechnical investigation • Results of laboratory testing • Site preparation and earthwork recommendations . Excavation and shoring recommendations for culvert installation, as applicable • Bearing capacity of site soils for foundation recommendations • Settlement estimates under proposed culvert loading conditions • Stability evaluation for proposed channel slope cuts Seismic evaluations conducted by the Consultant, as appropriate, will rely on USGS mapped ground accelerations for the design earthquake. This task does not include a site- specific probabilistic site hazard assessment to generate local earthquake design criteria. 1.8 Stream Geomorphology Evaluation T'he Consultant's geomorphologist will conduct a geomorphic field investigation of the design reach to characterize current channel conditions, including the observed stability of the streambed and banks along with zones of scour, bank erosion, and bedload aggradation. Approximate channel reach gradients, form/geometries, sinuosity, and bed material sediment characteristics will be documented as input to the channel stability/morphology evaluation. The Consultant will correlate geomorphic field survey results with other available sources of geomorphic data and with the results of the hydraulic modeling completed in Task 1.3. Based on this collective information, and using techniques consistent with the WDFW Integrated Streambank Protection Guidelines (ISBPG), the geomorphic equilibrium (channel stability) will be evaluated along with potential causes of any instabilities within the channel reach local to the Peasley Canyon Road culvert. Because of upstream channel bank instabilities and the episodic nature of large sediment plumes delivered through the Peasley Canyon tributary, the potential for downstream sediment transport and channel bed aggradation at the replacement culvert will not be estimated directly by analytical methods. However, rough estimates of reach-based sediment yield, transport capacity, and sedimentation potential will be made by the Consultant considering the observed upstream mass-waste area volumes, the downstream channel morphology and gradient, the replacement culvert hydraulic conditions, and the frequency and volume of channel sediments removed by past maintenance dredging. Using the geomorphic information gathered and guidance within the ISBPG, the Consultant will suggest localized streambank and channel protections and measures to maintain adequate channel stability in modified stream reaches local to the culvert improvement. Recommended habitat improvements associated with those channel protection measures will also be documented. The Consultant will summarize the results of the geomorphic evaluation in a technical memorandum for City staff review and concurrence. 1.9 Alternative Improvements Development Based on the results of the Task 1 site characterization subtasks, The Consultant will develop two composite alternative solution concepts far the culvert replacement and associated adjacent channel improvements. The Consultant will document those alternatives by conceptual design drawings showing improvement layout plans, profiles, and key sections. Those solution alternatives will be the basis for technical, permitting, and cost/schedule feasibility evaluation conducted under Task 2. Task 1 Deliverables The following deliverabie products will be provided for Task 1: • Survey request memorandum with annotated aerial map and project area design-ready base map (AutoCAD 2007 format) from City surveys supplemented by GIS data as the products of Task 1.1 • Summary of available existing project information and construction road closure alternatives memorandum as the products of Task 1.2 . Hydrologic and hydraulic model files and memorandum summarizing those analyses as the product of Task 1.3 • Wetland delineation report and appended data sheets for project site area along with OHW delineation, stream typing and buffer designation graphics as the products of Task 1.4 • Fish passage and habitat evaluation memorandum as the product of Task 1.5 • Wildlife habitat assessment memorandum including Heron Rookery review as the product of Task 1.6 • Geotechnical investigation and engineering report including appended boring logs and soils testing results as the product of Task 1.7 • Stream geomorphology assessment memorandum as the product of Task 1.8 • Alternative solution conceptual design plans as the product of Task 1.9 Task 2- Solutions Feasibility Evaluation and Preliminary Design Report 2.1 Design Criteria Summary, Constructability Review, and Project Phasing Assessment The Consultant will summarize the collective design criteria for the culvert and adjacent channel improvement alternatives in a table based on Task 1 evaluation. The constructability of alternative improvements will also be evaluated as related to culvert foundation needs, available staging and access areas, traffic control (as related to road closure options considered under Task 1.2), fish and wildlife construction timing limitations, and other constraints identified from Task 1 evaluation. The Consultant will identify potential construction phasing needs and approaches to successfully implement the project within the target schedule. 2.2 Preliminary Environmental Permitting Assessment The Consultant's environmental permitting specialist will conduct an initial assessment of environmental permitting needs and strategies (as a predecessor to Task 4) to secure required project permits/approvals in the most time efficient manner as guidance to evaluation of conceptual design alternatives. This will include a listing of permits and/or approvals potentially required for each alternative, application and documentation requirements, and expected timing for submittal as well as agency processing through approval (best estimate). The Consultant will evaluate the potential use and benefits of the expedited permit process for a restoration-related HPA including associated local permit and SEPA exemptions. This would require project sponsorship by a local restoration or conservation group, and also the ability to obtain a Nationwide Permit 27 for restoration projects from the ACOE. This strategy will be assessed and discussed with City staff for a decision on potential application of this approach. 2.3 Conceptual Design Solutions Feasibility and Cost/Schedule Evaluatton Based on the results of Tasks 1, 2.1 and 2.2, the Consultant will evaluate the technical and implementation feasibility of conceptual design alternatives considering the available construction window (July through September anticipated) to complete the wark. Preliminary quantities and opinions of construction cost will be prepared for both alternatives based on design criteria, the conceptual design layouts, and appropriate assumptions at this early stage of design (e.g., allowable road closure, etc). Expected construction schedule duration within fish and wildlife work windows and allowable road closure periods will be documented. The results of Task 2 evaluation will be summarized by the Consultant in a brief inemorandum for City staff review and decision on which alternative design to proceed with. 2.4 Preliminary Design Report The Consultant will compile the deliverables generated in Tasks 1 and 2 into a Preliminary Design Report that includes an executive summary with recommended improvements documentation. Design criteria tables, drawings, figures, and technical memoranda developed for those tasks as the basis for design recommendations will be appended in final form in response to City comments on each. It is assumed that only a single version of the preliminary design report will be issued. Task 2 Deliverables The following deliverable products will be provided for Task 2: . Alternative solutions constructability and phasing assessment summary as the product of Task 2.1 . Preliminary environmental permitting needs assessment for alternatives as the product of Task 2.2 • Conceptual design alternatives feasibility assessment memorandum as the product of Task 2.3 • Preliminary design report (compiled from Task 1 and 2 memoranda) with executive summary, figures to document the recommended and alternative design solutions as the product of Task 2.4 Task 3- Preliminary Design Development 3.1 50% Design Drawings The Consultant will prepare preliminary design plans, profiles, sections, and selected details for recommended improvements for the selected design. It is assumed that the preliminary design plans will require preparation of up to 8 drawing sheets developed to approximately 50% design completion (for civil, geotechnical/geomorphic, and landscape restoration design elements) to adequately support environmental permitting applications under Task 4. This will include adequate definition of the project footprint and excavation/fill areas and volumes within ACOE-regulated critical areas (i.e., within wetlands and ordinary high water limits). The Consultant will develop a preliminary construction staging/phasing plan to document construction access limitations that would minimize construction impacts on those critical areas and associated habitats. Areas of WSDOT ROW encroachment beyond the road corridor and potential construction and permanent easement needs (for improvements and maintenance access) will be shown for review with City and WSDOT staff. Updates to conceptual design opinions of probable construction cost consistent with the preliminary design level of completion will also be developed. Cost opinions will be prepared using the City's standard Engineer's Estimate Template with unit cost updates as required. Specification Special Provisions will not be prepared at the 50% level of design completion, but will be completed under Task 5.2 with 80% design development. The Consultant will provide the preliminary design drawings for City staff review and comment. Consultant revisions to the 50% design drawings in response to City comments will occur with production of the 80% design drawings under Task 5.1, and will be reflected in the JARI'A drawings prepared under Task 4.3. Task 3 Deliverables The following deliverable products will be provided for Task 3: . Preliminary (50%) design drawings and construction cost opinion for selected improvements as the products of Task 3.1 Task 4 - Environmental Permitting 4.1 Project Description The Consultant will prepare a project description that highlights all elements that are inputs to the various environmental permitting applications. This will include notation of expected critical area impact areas and likely construction methods that will be required for work within those areas. The project description will be provided to City staff for review and comment (and Consultant revision) such that a common understanding of the project is carried forward in all permitting applications and supporting documents. 42 SEPA Environmental Checklist The Consultant's environmental permitting specialist will prepare a draft State Environmental Policy Act (SEPA) Environmental Checklist that describes proposed improvements, existing environmental conditions, and that assesses the potential impacts and mitigation opportunities for the various elements of the environment. This assumes that NEPA documentation will not be required assuming that no federal funding for the project occurs, and that a SEPA Checklist will suffice for SEPA review (e.g., a SEPA EIS will not be required). Figure graphics supporting the draft SEPA Checklist will be prepared by the Consultant along with appropriate references materials. The Consultant will review the draft SEPA Checklist with City staff and prepare a final SEPA Checklist in response to City comments. It is assumed that the final SEPA Checklist will be submitted for processing by the City prior to the Joint Aquatic Resources Permit Application (JARI'A) submittal such that a SEPA determination is in progress at the time of JARI'A and Endangered Species Act (ESA) consultation document submittal (see Task 4.3 and 4.4). If the City qualifies far and chooses the expedited HPA permit process for a restoration project, the project would qualify for a state lead SEPA exemption, and in that event at the City's discretion, this task and associated deliverable could be eliminated. The advantage of this approach (if workable) should be a reduction in the permit processing schedule. 4.3 JARPA Application and Drawings The Consultant's environmental permitting specialist will prepare a JARPA for the recommended project improvements, including the application form, drawings (consistent with ACOE content/format requirements), and supporting materials. The Consultant will provide the draft JARPA for City staff review and comment. A pre-application meeting with ACOE, WDFW, Ecology, and local regulatory staff will be requested (if appropriate) to review the project and proposed JARI'A. 'Ihe Consultant will make final adjustments to the JARPA based on City and agency inputs. The City will submit the final JARPA to the ACOE and WDFW for review and processing. It is assumed that the City will pay required permit submittal and processing fees. It is also assumed that the Consultant will provide one set of responses to initial agency questions and supplemental information requests to allow initiation of the resource agencies permit processing. Far the duration of Phase 1 services, the Consultant will provide ongoing environmental permitting agencies coardination (periodic calls and e-mails, meetings will occur under Task 6) through securing of permits and other approvals. It is assumed that no significant revisions to the JARPA will be needed based on agency permitting review. If major design adjustments or supplemental information is requested by the permitting agencies requiring re-issue of the JARPA or additional document submittals, those services will be considered as supplemental work requiring a task budget adjustment. 4.4 Informal ESA Consultation The Consultant's environmental permitting specialist will prepare an Informal ESA Consultation document (ESA document) for the proposed project action (which is a short- form Biological Assessment). The ESA document will be provided for City staff review and comment, revised as appropriate, then will be submitted to the ACOE to facilitate NOAA Fisheries and USFWS biological opinion review. The ESA document will also serve as the resource document for Essential Fish Habitat (EFH) consultation for compliance with the Magnuson-Stevens Act and the 1996 Sustainable Fisheries Act. The ESA document will: . Describe the proposed project and action area . Document listed species and habitat infarmation, including expected occurrence within the design reach 0 Present stream assessment data and field observation results . Present existing environmental conditions in the design reach . Assess potential effects of the proposed action . Describe conservation measures to be taken • Recommend a determination of effect with an impact statement regarding each listed species evaluated If the ACOE stipulates that a full Biological Assessment is required beyond the ESA document for project biological opinion review, then those added services to prepare it will be considered as supplemental work requiring a task budget adjustxnent. 4.5 Cultural/Historic Resources Investigation and Reporting A cultural/historic resources archeological reconnaissance survey of the project site and associated findings report may be requested through ACOE review of the JARPA under Section 106 of the National Historic Preservation Act (NHPA). As part of development of the JARPA, the Consultant will investigate this potential need based on consultation with the Washington State Department of Archeology and Historic Preservation (DAHP). This work would need to be conducted by a certified Archeologist, and a scope developed for this effort based on the specific needs for this project. No services beyond the initial investigation of need are included in this scope task and associated budget; if required, these services will be considered supplemental work requiring a task budget adjustment. 4.6 Critical Areas Review and Other Local Permits Project work within wetlands and other critical areas and their buffers as defined by the ACC will likely require Critical Areas Review and approval through the City's Planning Department and Permit Center. Other local grade/fill permit approvals may also be required. The Consultant will assist the City with responses to these locally administered permits or approval requirements for proposed work within the City's critical areas. If the City qualifies for and chooses the expedited permit process, then these local permits or approvals likely wouldri t be required depending on comments received from that application. Also, a wetland mitigation plan, if requested by the ACOE during initial JAIZPA review, is not included in this task scope and associated budget. If required, those services to prepare such plan will be considered as supplemental work requiring task budget adjustment. Because the extent of local permitting work is not fully known at this time, The Consultant has allocated a budget allowance for this task; final scope for budget conformance for this task will be determined in concurrence with City staff after the project- specific needs have been determined. Task 4 Deliverables The following deliverable products will be provided for Task 4: • Environmental permitting project description as the product of Task 4.1 • SEPA Checklist as the product of Task 4.2 • JARI'A and associated drawings as the product of Task 4.3 • Informal ESA Consultation document as the product of Task 4.4 . Archeological site investigation needs summary as the product of Task 4.5 • Critical areas review and local permitting documents input as the product of Task 4.6 Task 5- Final Design and Contract Documents 5.1 SO% Design Drawings The Consultant will prepare 80 percent design drawings for recommended improvements based on the preliminary (50%) design drawings developed under Task 3.1 and City review comments on those drawings. This will include supporting engineering analysis beyond hydrologic and hydraulic analysis completed under Task 1.3, including design coordination with the geotechnical engineer regarding foundation design to suppart the replacement culvert crossing. The following civil and landscape design sheets (14 sheets total estimated) are currently anticipated as the basis for final design effort and budgeting: • Cover Sheet • Notes, Abbreviation, Legend, and Survey Control • Existing Site Plan and Profile • Culvert Excavation, Subgrade, and Foundation Plan • Culvert Installation and Grading Plan • Channel Modification and Containment Berm Improvements Plan and Profile . Temporary Access Road Plan, Profile, Sections . Traffic Control Plan (general plan adequate to secure permits and bid, with specific plan provided by selected construction contractor) • Culvert and Foundation Sections 0 Channel Modification and Containment Berm Sections . TESC Plan (general plan adequate to secure permits and bid, with specific plan provided by selected construction contractor) . TESC Details • Landscape Plan . Landscape Plant Schedule and Details This drawing list assumes that no structural design will be required as part of the final design of recommended improvements. This assumes replacement culvert would be pre- cast three-sided concrete box on spread footings, with performance specification for structural design by supplier. If that need arises (i.e., as a result of inadequate foundation bearing capacity), then additional final design structural design services may result. If required, these services will be considered supplemental work requiring a task budget adjustment. The 80% design drawings and associated construction cost opinion updates will be submitted for City staff review and comment. Drawing and cost opinion revisions based on City comments will be completed with Task 5.3 final design services. 5.2 Specifications Special Provisions The Consultant will review and modify the City's standard Special Provisions to the 2008 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction for consistency with project-specific improvement requirements. The Consultant will remove sections that do not apply to this project, modify sections that need adjustment, and add additional sections as needed. The Consultant will track all changes using Microsoft Word's "track changes" feature. Except where specific project needs require additional bid items, the Consultant will use the bid items in the Standard Specifications and City's Special Provisions. Any items added by the Consultant will require a description and measurement and payment item adjustments in the appropriate Special Provisions division. The Consultant will develop the Special Provisions in draft form for the Task 5.1 80% design submittal for City staff review and comments. They will be finalized in response to a single set of City comments for the 100% design submittal with Task 5.3. 5.3 Final (100%) Design and Bid Documents Preparation After the 80 percent design documents review by the City, the Consultant will make revisions in response to comments and prepare 100% plans, specifications, and construction cost opinion updates and will submit them for final City review and concurrence. The Consultant will make any minor final revisions in response to comments and will prepare a final set of issued for construction plans, specifications, and construction cost opinion for integration into the City's bid package. No further design service revisions beyond the 100 percent design submittal are assumed nor are included in the task budget. It is assumed that the City will prepare front-end bid package documents inclusive of bid requirements, bid proposal and schedule (the Consultant will provide input to the bid schedule), and the City's construction contract. The Consultant will assist with inputs to and assembly of the entire bid documents package for bid advertisement. City staff will print bid documents, advertise for project bids, and distribute and track documents issued to prospective bidders and plan centers. 5.4 Bid Period Addenda and Bids Evaluation The Consultant will assist the City during the bid advertisement period, including preparation of up to two addenda for issue by the City if required. The Consultant will also assist the City with construction contractar bids review and assessment (if requested) to provide input to the City's construction contractor selection and award process. The scope of these activities under this task will be on-call and limited by the extent of time budgeted for this scope item. Task 5 Deliverables The following deliverable products will be provided for Task 5: • 80% design drawings and construction cost opinion for selected improvements as the products of Task 5.1 • Annotated Standard Specifications Special Provisions (from City standard Special Provisions) at 80% design (draft), and at 100% design (final) as the product of Task 5.2 . 100% (final) design drawings (AutoCAD 2007 format) and construction cost opinions (using City template) including electronic files as the products of Task 5.3 • Bid addenda (up to two) and bid evaluation summary as products of Task 5.4 Task 6- Phase 1 Project Management, QA/QC Review, and Meetings/Coordination 6.1 Project Management and QAIQC Review Primary project management activities provided by the Consultant will include: • Development and refinement of the project scoping document for contract • Development of a project workplan and schedule to guide Consultant staffing efforts and the timeline for project services. • Ongoing project team management throughout the project duration including internal and client phone and e-mail coordination • Schedule and budget management . Project Manager and Partner ongoing quality assurance/quality control review including deliverable products • Monthly status reporting and invoicing 6.2 Meetings and Coordination For the duration of the scope of services, it is assumed that up to five City meetings (1/2 day duration with two Consultant staff per meeting) will be needed. In addition three office ar field meetings (1/2 day duration with two Consultant staff per meeting) with agency (WSDOT, ACOE, WDFW) personnel are assumed to be needed. It is assumed that City staff will coordinate stakeholder participation to the extent required. No additional meetings are included for that activity; however, if needed, they could be conducted as part of the meetings allocated and budgeted for this task (at the City's discretion). If additional meetings are desired, these services will be considered supplemental work requiring a task budget adjustment. Task 6 Deliverables The following deliverable products will be provided for Task 6: • Scoping document, detailed project schedules and updates, budget summaries and monthly status summaries with invoicing, all as products of Task 6.1 • Meeting agendas and summaries as the products of Task 6.2 Phase 2 General Scope of Work for Construction Management Services A preliminary (general) Scope of Work for Phase 2 construction management services is provided below. The extent of the Consultant's involvement in this project phase will need to be refined based on discussions with City staff during execution of Phase 1 services. This is best done after more is known about the specifics of the project improvements design and after the City decides how they prefer to handle the construction management component of this project. Requests for Information and Shop Drawings Review and Response For this task, the Consultant would provide review and response to Requests for Infarmation (RFIs) as submitted by the selected construction contractor. These responses would typically be a brief technical memorandum to clarify the design criteria and/or intent, or to consider alternative construction materials or installation requirements. The Consultant would also provide review and response to contractor shop drawing submittals in response to plan notes and specification requirements. These responses will typically be comments on the as-submitted drawings accompanied by a brief technical memorandum of explanation. This may lead to construction contractor re-submittal needs and Consultant review and response needs regarding those re-submittals. Periodic Construction Observation, Reporting, and Substantial Completion Review The Consultant would conduct construction phase coordination, field observation and reporting to the City staff to the desired level of Engineer's oversight. This would include preparation of field observation reports for each day on-site for transmittal to the City incorporating documentation of field conditions and recommendations to maintain conformance with the design documents intent and details. If large woody debris (LWD) placement is included in the design, the Consultant's fisheries biologist would provide field assistance to guide construction contractor placement of LWD components. At substantial project completion, the Consultant would participate in a field review with City and construction contractor staff to identify items of project construction requiring adjustment or completion for compliance with the bid documents. The Consultant would assist City staff with development of punch list items requiring construction contractor action for project completion. The Consultant would also conduct a final field review of the constructed project with City and construction contractor staff to verify that all punch list items have been attended to. Construction Contract Administration It is assumed that City staff will conduct these services, and that Consultant involvement will not be required for these construction phase project services. FEE ESTIMATE The attached Fee Estimate Table (Exhibit B-1) summarizes the Consultant's fee estimate to complete the identified Phase 1 Scope of Services and deliverable products as described herein. Invoicing will be based on a time and reimbursable expense basis in accordance with the the Consultant's 2009 billing rate schedule (Exhibit B-2). Subconsultant invoicing will be in accordance with their firm-specific 2009 billing rate schedules. A 10 percent service charge will apply to subconsultant services and to Consultant's and subconsultant reimbursable expenses. The estimated maximum fee of $220,000 for Phase 1 Services will not be exceeded without City of Auburri s authorization as may be associated with approved changes in work scope or deliverable products. SCHEDULE The Consultant will begin work immediately upon receipt of a Notice to Proceed from the City and will make every reasonable effort to complete the work assigned for Phase 1 by July 1, 2009 assuming notice to proceed by February 2, 2009. A detailed schedule of tasks completion will be prepared on initiation of services. Phase 2 Services, to the extent authorized by supplemental agreement, are anticipated to extend through the project construction phase (July through October 2009 anticipated). The Consultant will not be held responsible for delays, occasioned by factors beyond its control including agency permit processing delays, which could not reasonably have been foreseen at the time of the execution of the Agreement. lli a ti ~ V m O T m ai O ~ N a `m E a za `m m ~ a > ~ U m ~ `c ~ U i } T ~ s Y ~ fn o U w ~ U) W W LL 1 6 U U) E J = Z a w ~ o d m d = m o ~ Z X ° ~ C w a c O C c ~ u ~ f> G ~ C m m ~ c ~ ~ 1 C7 G CJ ~ U C fJ U N O a` a conoornc H F H f- H C G L O U c f~ Q C C ~ a~ - i c~ c W C E ~ c~ m m u ° E o o ' V5 cn ~ W ~ ~ N V ~~E-rr O O O O O V O O ' aD (O O ' O O O O . 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S` ~x d N ~ n a N y F y i: G n .-=v„ins so c:._ii Q ~ U~U¢LL ~c'e. at==s EXHIBIT B-2 Anchor QEA, LLC 2009 FEE SCHEDULE Professional Level Hourlv Rates Principal $180 Senior Project Manager $170 Project Manager $150 Senior Engineer/LA/Planner/Scientist/Analyst $130 Staff3 Engineer/LA/Planner/ScientisdAnalyst $115 Staff2 Engineer/I,A/Planner/Scientist/Analyst $102 Staff 1 Engineer/LA/Planner/Scientist/Analyst ..$95 Field Technician ..$75 Senior Designer/CAD ..$99 Designer/CAD ..$89 Project Coordinator ..$79 Special Hourlv Rates All work by a testifying expert ........................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Diving Services (per day) Project Specific CAD/GIS/Modeling (Per hour) ...............................................................................................$10.00 Graphic Plots (varies with plot size) $3-6/sf Photocopies (per coPY) ..............................................................................................................$0.10 Faxes (per page) ........................................................................................................................$1.00 Mileage (per mile) Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants 10% Travel and other direct costs 10% Field equipment & supplies 10% This is a company confidential document. EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees • Courier Fees • Subconsultant Fees • Materials and Supplies • Mileage at $0.585/mile or the current approved IRS rate It is understood that all reimbursements are at cost and will be marked-up 10%. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Exhibit C Agreement No. AG-C-348 Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • 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-348 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, 2008 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 Consuitant 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 - (:ONTRAC:T RRFAKDOWN $ 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% 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 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund " Received a written authorization of MRF on 1110/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-348 Page 2 of 2 AMENDMENT #1 TO AGREEMENT NO. AG-C-348 BETWEEN THE CITY OF AUBURN AND ANCHOR QEA RELATING TO PROJECT NO. CP0918, MILL CREEK / PEASLEY CANYON ROAD CULVERT REPLACEMENT PROJECT , THIS AMENDMENT is made and entered into this ~ day of ~ by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Anchor QEA (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-348 executed on the 4th 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 December 31, 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-348 executed on the 4th 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. ANCHOR QEA g Y.- Authorized signature , ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) < r B. Lewis, Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk to I B. Heid, Auburn Ci'tSi Attorn Amendment No. 1 for Agreement No. AG-C-348 Anchor QEA Page 1 of 1 AMENDMENT #2 TO AGREEMENT NO. AG-C-348 BETWEEN THE CITY OF AUBURN AND ANCHOR QEA, LLC RELATING TO PROJECT NO. CP0819, PEASLEY CANYON RD CULVERT CROSSING REPLACEMENT~ _ THIS AMENDMENT is made and entered into this ~ day of , 201 , by and between the CITY OF AUBURN, a municipal corporation of the Stat of Washington (hereinafter referred to as the "CITY"), and Anchor QEA, LLC (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-348 executed on the 4th day of February 2009, and amended by agreement dated the 31 day of December 2010. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCOPE OF WORK: See Exhibit A, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $65,038.00. The total contract amount is increased to a total of $285,038.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-348 executed on the 4th 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. ANCHOR QEA, LLC ITY OF AUBU ~ By: Authorized signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: LLtu~d Its: 15anielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appr e as t m: Attorney for (Other Party) Daniel B. Heid, uburn City Attorney Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 1 of 6 Exhibit A- Scope of work Amendment No. 2 To Agreement No. Ag-c-348 Between The City of Auburn and ANCHOR QEA, LLC PROJECT NO. CP0918 - Mili CReek / Peasley Canyon Road Culvert replacement Project This Exhibit A defines the additional professional engineering services to be provided to the City of Auburn, Public Works Department, Utilities Section (City) by Anchor QEA, LLC (Consultant) under Contract Agreement No. AG-C-348, for the Mill Creek Peasley Canyon Road Culvert Replacement Project (CP0819). This Scope of Work is for additional requested Phase 1 design and permitting services (amended services) along with added Phase 2 services during construction as described below. The City intends to advertise this project for construction in the near-term and have construction completed during the permitted construction (fish) window during summer 2010. A background and description of the project and needs is included in Exhibit A of the original contract authorization completed in January 2009. Scope of Services This amended scope of services (scope) is for additional requested Phase 1 design services required to support complete final design and permitting activities for project improvements as well as added Phase 2 services to assist the City with limited services through the project construction phase (City will lead that phase). General assumptions, standards, and references are included in Exhibit A of the original contract authorization. Phase 1 Amended Scope of Work and Deliverables Task 4A - Supplementa/ Environmental Permitting 4A.6 Critical Areas Review and Other Local Permits Because the extent of local permitting work was not fully known at the time of Phase 1 contracting, the Consultant allocated a limited budget allowance for this task. The task activities and documentation ultimately required for this task to satisfy the City's Planning Department Critical Areas requirements and permitting needs were significantly greater than allocated for in the Phase 1 budget. This included the need to prepare a Critical Areas Report to address all applicable City Code provisions, supplemental wetland and stream delineation project impacts assessment, and a field meeting attended by multiple Consultant staff and with WDFW and MIT staff to resolve project instream and Critical Areas permitting issues. The scope for this task represent the additional collective Consultant activities and documentation provided to successfully resolve instream and Critical Areas permitting issues, laying the groundwork for local and external agencies project permitting approvals. 4A.7 Tribal Review Comments Response This added task included preparation of a response memorandum and appended information to respond to Muckleshoot Indian Tribe (MIT) comments pertaining the Peasley Canyon Road replacement culvert installation sizing and design layout and to adjacent stream modifications. On request of the City and USACE, Anchor QEA assessed comments, reviewed implications to the design, and successfully responded to the MIT comments (to their satisfaction) without resulting in design adjustments to the replacement culvert facilities or restored stream channel. Task 4A Deliverables The following deliverable products will be provided for Task 4A: • Critical Areas Review report and associated documentation as the product of Task 4A.6 • MIT comments response memorandum as the product of Task 4A.7 Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 2 of 6 Task 5A - Supplemental Final Design and Contract Documents 5A.1 Design Drawing Modification forAdded Roadway Improvements The original Scope of Work did not consider the extent of road prism/features (beyond that needed solely for culvert replacement) that would need to be altered for a larger segment of roadway restoration. Additional time was incurred throughout the design process to expand the limited design to include improvements to a broader section of the adjacent roadway. Those added improvements include pavement grade revisions and transitions to allow restoration of pavement deficiencies, and improvements in roadway drainage and project safety (i.e., guardrails restoration, walls to protect adjacent wetlands, cross-culvert pipe casing, etc.). This included developing updated horizontal and vertical control for the expanded roadway section as the basis for construction controls for the expanded roadway restoration section. Development of additional design sheets have been required to complete this work as compared to those assumed in the Phase 1 contracted scope of work. In addition, these added improvement resulted in additional time required for quantity takeoffs in preparation of the construction cost opinions at the various levels of design completion. 5A.2 Specifications Special Provision Modifications forAdded Roadway Improvements For this task (and also under Task 5A.3), added effort is required to complete inputs to and editing of the Standard Specification Special Provisions for added roadway improvements elements as described in Task 5A.1. 5A.3 Final (10096) Design and Bid Documents Preparation The City has conducted supplemental design review in addition to review planned/budgeted for at the 80% design level, and has requested additional drawing revisions in preparation of final design documents for bid advertisement. This includes, but is not inclusive of, a requested shift in the allowable Contractor staging areas, further requested roadway improvement design adjustments, requested for preparation of a custom-designed pavement section, request for preparation of roadway channelization drawings, etc. These collective changes, and other associated revisions required as a result will increase the level of effort required to prepare the 100% design documents to bid-ready format. These changes will also require revisions and additions to quantity takeoffs as input to the 100% Engineer's construction cost opinion. The requested supplemental budget documents the expected added effort to respond to these unanticipated design revisions. This assumes that no further design revisions will be requested or required beyond the 100 percent design submittal. It is assumed that the City will prepare front-end bid package documents inclusive of bid requirements, bid proposal and schedule (the Consultant will provide input to the bid schedule), and the City's construction contract. The Consultant will assist with technical inputs needed for the City's assembly of the entire bid documents package for bid advertisement. It is assumed that City staff will assemble and print the bid documents, advertise for project bids, and distribute and track documents issued to prospective bidders and plan centers. Task 5A Deliverables The following deliverable products will be provided for Task 5A: . Modified design drawings and construction cost opinion for supplemental roadway improvements as the products of Task 5A.1 Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 3 of 6 . Annotated Standard Specifications Special Provisions (from City standard Special Provisions), inclusive of added roadway improvements, at 100% design (final) as the product of Task 5A.2 . 100% (final) design drawings (AutoCAD 2007 format) and construction cost opinions (using City template) including electronic files as the products of Task 5A.3 Task 6A - Phase 1 Project Management, QA/QC Review, and Meetings/Coordination 6A.1 Project Management and QA/QC Review The primary project management activities provided for supplemental Phase 1 services by the Consultant will include: . Ongoing project team management throughout the remaining final design and permitting phase duration including internal and client phone and e-mail coordination • Schedule and budget management for Consultant activities . Project Manager and Partner quality assurance/quality control review including deliverable products • Monthly status reporting and invoicing 6A.2 Meetings and Coordination For the duration of the project design phase, it is assumed that one City meeting (1/2 day duration with two Consultant staffl will be needed. No additional meetings are included. If additional meetings are desired, these services will be considered supplemental work requiring a task budget adjustment. Task 6A Deliverables The following deliverable products will be provided for Task 6A: . Budget summaries and monthly status summaries with invoicing, all as products of Task 6A.1 . Meeting agendas and summaries as the products of Task 6A.2 Phase 2 Added Scope of Work and Deliverables Task 7- Services During Construction 7.1 Pre-Construction Meeting For this task, the Consultant will participate in a pre-construction meeting (1/2 day duration with two Consultant staf); preparation of ineeting agenda, materials, and summarizing meeting notes will be done by City staff . 7.2 Periodic Construction Observation and Reporting The Consultant would conduct construction phase coordination, field observation and reporting to the City staff on request to assist in resolving construction questions or issues up to the level included for Consultant budgeting of this task. This is estimated to include approximately two site visits total. This would include preparation of field observation reports for each day on-site for transmittal to the City's project manager incorporating documentation of field conditions and recommendations to maintain conformance with the design documents intent and details. This would include guidance for large woody debris (LWD) placements as included in the design. 7.3 Substantial Completion Site Review and Punch List At substantial project completion, the Consultant would participate in a field review with City staff and the Contractor to identify items of project construction requiring adjustment or completion for compliance with the contract documents. The Consultant will assist City staff with development of punch list items requiring Contractor action for project completion. Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 4 of 6 7.4 Construction Inspection and Contract Administration It is assumed that City staff will conduct these services, and that Consultant involvement will not be required for these construction phase project services. Task 7 Deliverables The following deliverable products will be provided for Task 7: • Construction observation reports for days of requested site observation as the products of Task 7.3 . Input to Contractor punch list at substantial completion and sign off on completed items as the products of Task 7.4 Task 8- Phase 2 Project Management, QA/QC, and Meetings/Coordination 8.1 Project Management Similar to Task 6A for supplemental Phase 1 services, the primary project management activities provided for Phase 2 services by the Consultant will include: • Ongoing project team management throughout the construction phase duration including internal and client phone and e-mail coordination • Schedule and budget management for Consultant services; review of construction scheduling provided by the construction contractor (Contractor) . Project Manager and Partner quality assurance/quality control review including deliverable products . Monthly status reporting and invoicing 8.2 Meetings and Coordination For the duration of the project construction phase, it is assumed that up to two City meetings (1/2 day duration with finro Consultant staffl will be needed. It is assumed that City staff will coordinate directly, and on an ongoing basis, with the Contractor during the construction phase, and that requests for consultant assistance will be forwarded by the City to the Consultant. No additional meetings are included for that activity aside from the Task 7.1 pre-construction meeting. If additional meetings are desired, these services will be considered supplemental work requiring a task budget adjustment. Task 8 Deliverables The following deliverable products will be provided for Task 8: . Budget summaries and monthly status summaries with invoicing as the products of Task 8.1 . Meeting agendas and summaries as the products of Task 8.2 FEE ESTIMATE The attached Fee Estimate Table (Exhibit B-1) summarizes the Consultant's fee estimate to complete the identified amended Phase 1 and added Phase 2 Scope of Services and deliverable products as described herein. Invoicing will be based on a time and reimbursable expense basis in accordance with the ConsultanYs 2010 billing rate schedule (Exhibit B-2). A 10 percent service charge will apply to Consultant's reimbursable expenses. The estimated maximum fee of $65,000 for amended Phase 1 and added Phase 2 Services will not be exceeded without City of Auburn's authorization as may be associated with approved changes in work scope or deliverable products. Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 5 of 6 SCHEDULE The Consultant will continue with amended Phase 1 and added Phase 2 services immediately upon receipt of a Notice to Proceed from the City and will make every reasonable effort to complete the amended Phase 1 services by April 23, 2010 assuming notice to proceed by April 7, 2010. Phase 2 Services are anticipated to extend through the project construction phase (until November 2010 anticipated). These timelines for these services are within the schedule modification previously authorized by Amendment No. 1 to Agreement AG-C-348. The Consultant will not be held responsible for delays, occasioned by factors beyond its control including agency permit processing delays, which could not reasonably have been foreseen at the time of the execution of the Agreement. Amendment No. 2 for Agreement No. AG-C-348 Anchor QEA, LLC Page 6 of 6 CITY OF Peter B. Lewis, Mayor BJRN WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 December 30, 2010 Jerry Bibee, PE Anchor QEA, LLC 3312 Rosedale Street, Suite 204 Gig Harbor, WA 98335 RE: Agreement for Professional Services, AG-C-348 Project No. CP0819: Peasley Canyon Road Culvert Replacement Dear Mr. Bibee: 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 June 17, 2010 for invoice #21598 in the amount of $5,476.00. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by January 14, 2011. Thank you for your firm's professional services in work related to the Peasley Canyon Road Culvert Replacement project. If you should have any questions, feel free to give me a call at 253-804-5071. _ S1 ely~j Robert E. Lee III Project Engineer Public Works Department REL/ad/hg cc: City Clerk AG-C-348 CP0819 (2.20) AUBURN* MORE THAN YOU IMAGINED