HomeMy WebLinkAboutBrown and Caldwell AG-C-361tA(6 .3
2009 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-361
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and BROWN AND CALDWELL, a corporation whose address is 701 Pike
Street, Suite 1200, Seattle, WA 98101, hereinafter referred to as "CONSULTANT."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
The CONSULTANT, on a project basis, will be given individual task assignments
(see Exhibit A, Sample Task Assignment) for work related to Annual National Pollutant
Discharge Elimination System II (NPDES II) stormwater program development and
implementation. Types of work may include assistance with staff training, Stormwater
Management Program update, Annual Report preparation, stormwater management
manual adoption, design standards update, city code revision and stormwater pollution
prevention plan development. The task assignments will describe the work to be
completed, completion dates, and compensation amount. An approved task
assignment shall be required between the CONSULTANT and the CITY prior to
commencing any work for any individual task.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. All work under this Agreement shall be completed by
December 31, 2009 and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by an act of
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GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COMPENSATION
The CONSULTANT shall be paid by the CITY for completed services rendered
under each approved individual task assignment. Such payment shall be full
compensation for work perFormed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work. The
CONSULTANT shall submit an itemized bill to the CITY prior to payment. The total
compensation for this Agreement shall not exceed $40,000.00.
The CONSULTANT shall be paid by the CITY based upon the fees included for
each individual approved task assignment. These fees will be " not to exceed" lump
sum figures based on the Fee Schedule outlined in Exhibit B for work performed under
this Agreement. Exhibit B is attached hereto and by this reference made part of this
Agreement. Compensation shall include all CONSULTANT expenses including, but not
limited to, overhead, profit, and direct non-salary costs and shall not exceed that
amount shown on each approved individual task assignment for engineering and permit
compliance services under this contract.
4. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the
performance of any work under this Agreement without prior written permission of the
CITY. No permission for subcontracting shall create, between the CITY and
subcontractor, any contractor or any other relationship.
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Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this Agreement.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
perForm its services to conform to generally-accepted professional engineering
standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or
acceptance of, nor payment for, any of the services shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law.
6. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
acts, errors or omissions of the CONSULTANT in performance of this Agreement.
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7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law
or in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
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The CITY shall be named as an insured under the CONSULTANT'S
Commercial General Liability insurance policy with respect to the work
performed for the CITY using the applicable ISO Additional Insured
endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY. Any insurance, self insurance, or insurance pool
coverage maintained by the CITY shall be excess of the CONSULTANT'S
insurance and shall not contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice has been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A-:VII.
The CONSULTANT shall furnish the CITY with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
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any time. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
9. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated,
prepared or obtained as part of providing services under the terms of this Agreement by
the CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBURN. In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of six (6) years
following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT further agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the six (6) year period. The CONSULTANT also agrees to provide to the
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTtONS.
The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
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(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
12. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
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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
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.
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13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13.9. This Agreement shall be administered by Mike Milne on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses:
City of Auburn
Attn: Tim Carlaw
25 W Main Street
Auburn, WA 98001
Phone: 253-804-5062
Fax: 253-931-3053
E-mail: tcarlaw(@-auburnwa.qov
Brown and Caldwell
Attn: Mike Milne
701 Pike Street, Suite 1200
Seattle, WA 98101
Phone: 206-624-0100
Fax: 206-749-2200
E-mail: mmilne(cr~.brwncald.com
13.10. All notices or communications permitted or required to be given under
this Agreement shall be in writing and shall be delivered in person or deposited in the
United States mail, postage prepaid. Any such delivery shall be deemed to have been
duly given if mailed by certified mail, return receipt requested, and addressed to the
address for the party set forth in 13.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
13.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
Agreement for Professional Services AG-C361
Page 9 of 14
CI
r B. Lewis, Mayor
Date FEB 11209
ATTEST:
~
~
Danie e E. Daskam, City Clerk
BROWN & CALDWELL
BY: Z5 z g',
Title: 57ftj 0.0 AJ V- / -
Federal Tax ID #
Agreement for Professional Services AG-C361
Page 10 of 14
APPROVED AS TO FORM:
EXHIBIT A
SAMPLE TASK ASSIGNMENT
AGREEMENT AG-C-xxx
CONSULTANT:
PROJECT #/Name:
TASK xxx-xxxx-xxx
The general provisions and clauses of the Agreement referenced above shall be in full
force and effect for this Task Assignment.
Location of Project:
Maximum Amount Payable per this Task Assignment:
Completion Date:
Scope of Work:
Approvals
Consultant Project Manager:
Signature:
City Project Manager:
Signature:
City Mayor, if Task Assignment is over $5,000:
Signature:
Date:
Date:
Date:
Note: If this task assignment is over $25,000 then it must go before the appropriate
Committee and City Council for approval prior to the Mayor's signature.
Exhibit A
Agreement No. AG-C-361
Page 1 of 1
EXHIBIT B
FEE SCHEDULE
Brown and Caldwell
City of Auburn 2009
Rate Sheet
Name
Menicke, Kara
Title
Accountant II
Hourly R -
$73.56
Baker, Leslie
Pro'ect Anal st
$76.00
Park, Sharrone
Scientist I
$86.63
Wilcox, Shirle
Word Processor IV
$87.91
Korb, Liz
En ineer II
$106.10
Weber, Patrick
En ineer II
$106.92
Lee, Robin
En ineer III
$118.57
Dw er, An ela
En ineer III
$119.00
Twenter, Justin
Senior En ineer
$133.65
Fo ed, Nathan
Princi al En ineer
$140.68
Tobiason, Scott
Princi al En ineer
$149.00
Diessner, Damon
Mana in En ineer
$214.53
Milne, Mike
Mana in En ineer
$214.53
Exhibit B
Agreement No. AG-C-361
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 granUspecial funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-361
Page 1 of 2
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer)
Agency Agreement AG-C-010
Invoice 5222
Progress Payment 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Hourl Rate
Amount
Mike Jones, Princi al in Char e
1
$ 125.00
$ 125.00
Carla Maker, Architect
5
$ 72.00
$ 144.00
Joe Smith, Word Processin
10
$ 48.00
$ 480.00
Consultant Personnel Subtotal
$ 749.00
Ex enses see attached documentation
Char es
Multi lier
Amount
Mike Jones, Princi al in Char e
20 miles
x1.1
$ 7.59
Carla Maker, Architect
$ 30.00
x1.1
$ 33.00
Joe Smith, Word Processin
$ 29.00
x1.1
$ 31.90
Consultant Ex enses Subtotal
$ 72•49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant
Hours
Hourl Rate
Amount
ABC Environmental, Inc., Civil En ineer
10
$
100.00
$
1,000.00
Electrical Consultin , Electrical En ineer
5
$
100.00
500.00
Mechanical Solutions, Mechanical En ineer
10
$
100.00
MRF
1,000.00
Movin Com an , Movin Consultant
2
$
50.00
100.00
Subconsultant Subtotal
$
2,600.00
Subtotal x 1.1 Multi lier
$
2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
i+r1wIT~AI+T CCCAIIII/1\A/AI
$ 2,860,00
- -
$ 3,681.49
Task
Amount
Authorized
Prior Invoiced
This Invoice
Totallnvoiced
To Date
°/o
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 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-361
Page 2 of 2
, i G - ~
AMENDMENT #1 TO AGREEMENT NO. AG-C-361 BETWEEN
THE CITY OF AUBURN AND BROWN AND CALDWELL
RELATING TO NPDES PROGRAM DEVELOPMENT AND IMPLEMENTATION
THIS AMENDMENT is made and entered into this day of, 2009, by
and befinreen the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the
"CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-361
executed on the 11th day of February, 2009.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The expiration date of the Agreement for Professional Services will not
change and remains December 31, 2009.
2. SCOPE OF WORK: See Exhibit A, which is attached hereto and by this reference made
part of this Amendment.
3. COMPENSATtON: The amount of this amendment is $65,000.00. The total contract amount
is increased to a total of $105,000.00.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-361 executed on the 11th day of February, 2009, shall remain unchanged,
and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
BROWN AND CALDWELL
7 `J
" j~
gy;
Authoriz d signature Pe er B. Lewis, Mayor
ATTEST (Optional): ATT.F_ST: _
~
yr-
By: ` .
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional):
Approved as to form:
aniel B. Heid, Auburn City ttorney
Attorney for (Other Party)
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
Page 1 of 8
EXHIBIT A
CITY OF AUBURN STORMWATER NPDES PROGRAM DEVELOPMENT
AND IMPLEMENTATION ASSISTANCE
The Ciry of Auburn (Ciry) is covered by the Western Washington Phase II Municipal Stormwater
Permit (Permit). The Permit contains a number of conditions that must be completed by specified
dates during the five-year permit term (Feb. 2007-2012). Under Contract AG-C-361, Brown and
Caldwell (BC) performed several Permit compliance tasks during February through August 2009.
This Amendment is for Permit compliance assistance to be performed by BC during September
through December 2009. The estimated cost for these additional items is provided in the last
section: "Cost Estimate."
Scope of Work
The following tasks are organized according to the original Phase II Work Plan.
Task Assignment #1. Stormwater Management Program Update and Report
No additional items.
Task Assignrnent #2. Permit Program Implementation Costs
No additional items.
Task Assignment #3. SurFace Water Manual Formatting
No additional items at this time. However, printing costs for the Committee review draft were
higher than budgeted. If significant revisions are needed to address Committee comments,
additional budget may be required for this Task Assignment.
Task Assignment #4. IDDE Training
No additional items.
Task Assignment #5. Stormwater Manual Briefing/implications Summary
This Task Assignment describes activiries to be performed by BC to help the City develop a
stormwater manual adoption briefing document. This briefing document will provide policy
decision-makers an understanding of key issues regarding and implications of stormwater manual
adoption. The document will also include a comparison of stormwater management costs for a
hypothetical redevelopment project under the current and proposed stormwater requirements.
Task 1. Prepare Stormwater Management Cost Comparison
BC will prepare hypotherical re-development scenarios to illustrate how the proposed City of
Auburn Surface Water Manual would affect stormwater facility sizing (compared to the current City
regulations). To reduce costs, BC will adapt development scenarios recently created by the City of
Kirkland to estimate the effects of the 2005 Ecology manual. The scenarios will contain sufficient
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
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detail (e.g., current and proposed land use, soils, depth to groundwater, depth of existing storm
sewer, etc.) to determine stormwater management requirements based on the current and proposed
manual.
BC will then determine the stormwater management requirements for the hypothetical
redevelopment scenaxios under the current and proposed manual. We will size the flow control and
water quality systems based on the current and proposed stormwater manuals. We will then prepare
a summary comparing the stormwater facility requirements for each scenario under the current and
proposed manuals.
Assumptions:
o BC will adapt the development scenarios created by the City of Kirkland. For each scenariq
we will estimate the stormwater faciliry requirements and sizes based on the City of Auburn's
current regularions. We will then compare each estimate to the corresponding Ciry of
Kirkland estimate based on the 2005 Ecology manual.
• City staff will review and provide one set of comments on the comparison.
Deliverables:
• The results of this task will be included in the Task 2 briefing document.
Task 2. Prepare Council Briefing Document
BC will prepare a briefing document in a"Frequendy Asked Questions" (FAQ) format. It will
address such questions as why the manual adoption action is necessary, how manual adoption will
affect various stakeholder groups, and how other jurisdiction are proceeding in adopting stormwater
manuals. The document will also address potential stormwater facility requirements based on the
comparison of hypothetical development scenarios described in Task 1 above.
BC will provide a draft for review by City staff. BC will participate in a conference call with City
staff and will revise the briefing document if needed to address City comments.
Assumptions:
• City staff will help identify key questions of interest to Council.
City staff will help identify key differences between the Auburn and Tacoma stormwater
manuals.
0 City staff will review and provide one set of comments on the draft briefing document.
Deliverables:
• One two-page FAQ document suitable for attachment to Council briefing materials
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
Page 3 of 8
Task 3. Task Management
BC will supervise staff, track budget and schedule, and prepare invoices.
Assumptions:
• Task order will last about one month.
Deliverables:
• Monthly invoices
Task Assignment #6. Stormwater Pollution Prevention Plans (SWPPPs) for City
Facilities
This Task Assignment describes activities to be performed by BC to help the City prepare
stormwater pollution prevention plans (SWPPPs) for five municipal facilities.
Task 1. Task Management
The BC project manager will manage technical staff, budget, and project schedule, and communicate
weekly with the City project manager rega.rding project status. The BC project manager will also
ensure quality control is performed throughout project activities and will review and submit monthly
invoices and project status reports.
Deliverables:
• Monthly invoices and status reports.
Task 2. Stormwater Pollution Prevention Planning for the M&O Faciliry
BC will prepare a Stormwater Pollution Prevenrion Plan (SWPPP) for the M&O facility area. The
SWPPP will be prepared in compliance with Ecology's Guidance Manual for Preparing/Updating a
Stormwater Pollution Prevention Plan for Industrial Facilities (Apri12004). T'he Industrial Facilities
Guidance and recommended SWPPPs by Department of Ecology suggest including the following
items in the SWPPP:
■ Overview of facility and operations
■ Facility drainage
■ Description of acriviries
■ Inventory materials
■ Site map
■ Create and implement best management practices (BMP)
■ Monitoring
■ Training
■ Spill response
Amendment No. 1 for Agreement No. AG-C-361
Brown $ Caldwell
Page 4 of 8
Assumptions:
■ The City facilities are not required to obtain coverage under the separate Industrial
Stormwater General Permit. The SWPPP is intended to meet the requirements of the
Phase II Permit.
■ City will provide any necessary as-builts of the site prior to the site visit.
■ One BC staff inember will spend up to one day interviewing staff and documenting activities
at the M&O facilities.
■ City will provide any design graphics available for each faciliry for use in preparation of
SWPPP figures.
■ City will provide BC with spill response plan or procedures
Deliverables
• Draft and final SWPPP for M&O facility.
Task 3. Stormwater Pollution Prevention Planning for Other City Facilities
BC staff will conduct site visits and develop SWPPPs for four other City facilities. A more generic
SWPPP will be prepared to cover the four sites (Parks facility, golf course, cemetery, and game
farm). The SWPPPs will be prepared in compliance with Ecology's Guidance Manual for
Preparing/Updating a Stormwater Pollution Prevention Plan for Industrial Facilities (Apri12004).
The Industrial Facilities Guidance and recommended SWPPPs by Department of Ecology suggest
including the following items in the SWPPP:
■ Overview of facility and operations
■ Facility drainage
■ Description of activities
■ Inventory of materials
■ Site map
■ Create and implement best management practices (BMP)
■ Monitoring
■ Training
■ Spill response
Due to the similar nature of the activities at each of these four facilities many of the items will be
comparable if not exacdy the same (e.g., description of activities, inventory of materials, BMPs,
training, monitoring, and spill response).
Assumptions:
The City facilities axe not required to obtain coverage under the separate Industrial
Stormwater General Permit. The SWPPPs are intended to meet the requirements of the
Phase II Permit.
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
Page 5 of 8
■ City will provide any necessary as-builts of the sites prior to the site visits.
■ One BC staff inember will spend up to one day interviewing staff and documenting activities
at the four City facilities.
■ City will provide any design graphics available for each facility for use in preparation of
SWPPP figures.
Deliverables
• Draft and final generic SWPPP that covers the four City faciliries.
Task Assignment #7. Construction Site/ Erosion Control Inspections
This Task Assignment describes activities to be performed by Brown and Caldwell (BC) to help the
City of Auburn (City) update its construcrion site/erosion control inspecrion program to meet the
requirements of the Phase II NPDES Permit.
Task 1. Task Management
The BC project manager will manage technical staff, budget, and project schedule, and communicate
weekly with the Ciry project manager regarding project status. The BC project manager will also
ensure quality control is performed throughout project activities and will review and submit monthly
invoices and project status reports.
Deliverables:
• Monthly invoices and status reports.
Task 2. Develop Construction Site/Erosion Control Inspection Program
BC will work with City staff to develop its program for inspecting construction sites as required by
the Condition S4 in the Phase II Permit. BC will work with the City staff to refine procedures for
pre-clearing inspecrions based on Appendix 7 of the Permit ("Determining Construction Site
Sediment Damage Potenrial'~. BC will develop checklists to guide the pre-clearing, during
construction, and post-construction inspections and reporting. We will provide a draft version of
the checklists to the City task manager for review. We will discuss the City's comments during a
conference call and revise the checklists accordingly.
Assumptions:
• The City task manager will provide consolidated and reconciled comments on the draft
checklists.
Deliverables:
• Draft and final construction site inspection checklists
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
Page 6 of 8
Task 3. Provide Training in Construction Site/Erosion Conuol Inspection Procedures
BC will prepare a training presentation designed for City staff responsible for inspection of
construction sites. The training will cover the procedures to be used for the pre-clearing, during
construction, and post-construction inspections. We understand that all of the City inspectors have
completed the certified erosion and sediment control lead (CESL) training; therefore, BC's training
will focus on inspection timing, follow-up, and reporting activities (rather than erosion and sediment
controls).
BC will provide the City task manager with a draft of the presentation for review. We will revise the
presentation based on the Ciry task manager's input. We will then present the training material to
the appropriate City staff.
BC will adapt the construction inspection training to create a similar presentation that can be self-
administered and can be used for staff who are unable to attend the BC presentation, new staff, or
as an annual refresher.
Assumptions:
• The City task manager will provide consolidated and reconciled comments on the draft
training presentation.
• The City task manager will coordinate logistics for the training and invite the appropriate
City staff.
• Two BC team members will conduct one classroom training session for City inspection staff.
The training session will last 2 to 3 hours.
Deliverables:
Draft and final of construction site inspection training presentation.
Draft and final self-administered version of the above training.
Amendment No. 1 for Agreement No. AG-C-361
Brown 8 Caldwell
Page 7 of 8
Cost Estimate
The following is a breakdown of the estimated additional costs for this amendment:
.b •d Costs
Task Asslgnment
Additional Cost
Task 1. SWMP and Annual Report
Task 2. Compliance Costs
Task 3. Manual Formatting and Printing
Task 4. IDDE Training
Task 5: Manual Briefingllmplications Summary
$14,950 LI/
Task 6: SWPPPs for Five City Facilities
$33,950
Task 7: Construction SitelErosion Inspection ProgramlTraining
$16,100
Total
$65,000
[DOCUMENT END]
/
Amendment No. 1 for Agreement No. AG-C-361
Brown & Caldwell
Page8of8
AMENDMENT #1 TO TASK ASSIGNMENT B&C-T09-006
FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT NO. AG-C-361
AGREEMENT AG-C-361
CONSULTANT: Brown and Caldwell
PROJECT: 2009 Annual NPDES Support
The general provisions and clauses of the Task Assignment and Agreement referenced above shall be
in full force and effect for this Task Assignment Amendment.
Location of Project: No Chanqe
Maximum Amount Payable per this Task Assignment: No Change
Completion Date
SCOPE OF WORK
Februarv 28, 2010
There is no change in the Scope of Work for this task assignment.
APPROVALS
Consultant Project Manager:
.
Signature: Date: ~ Z LZy v
City Project Manager:
Signature:
Agency Mayor, if Amendment is over $5,000:
Signature:
Date:
Date:
Note: If this amendment is over $25,000 then it must go before the Public Works Committee
and City Council for approval prior to the mayor's signature.
AMENDMENT #1 TO TASK ASSIGNMENT B&C-T09-007
FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT N -C-361
~1~'OFqU6UAGREEMENT AG-C-361 C/~ Ci ~Rk~ n~'~C,
CONSULTANT: Brown and Caldwell
PROJECT: 2009 Annual NPDES Support
'JAN 2 7 2010
The general provisions and clauses of the Task Assignment and Agreement referenced above shall be
in full force and effect for this Task Assignment Amendment.
Location of Project: No Chanqe
Maximum Amount Payable per this Task Assignment: No ChanQe
Completion Date:
SCOPE OF WORK
Februarv 28, 2010
There is no change in the Scope of Work for this task assignment.
APPROVALS
Consultant Project NQaqageg
Signature: , Date: Z ~Z 0
City Project Manager:
Signature: Date:
Agency Mayor, if Amendment is over $5,000:
Signature: Date:
Note: If this amendment is over $25,000 then it must go before the Public Works Committee
and City Council for approval prior to the mayor's signature.
_~s.( C~-i
AMENDMENT #1 TO TASK ASSIGNMENT B&C-T09-008
FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT NO. AG-C-361
AGREEMENT AG-C-361
CONSULTANT: Brown and Caldweil
PROJECT: 2009 Annual NPDES Support
The general provisions and clauses of the Task Assignment and Agreement referenced above shall be
in full force and effect for this Task Assignment Amendment.
Location of Project: No Chanqe
Maximum Amount Payable per this Task Assignment: No Change
Completion Date: Februarv 28, 2010
SCOPE OF WORK
There is no change in the Scope of Work for this task assignment.
APPROVALS
Consultant Project Manager: ~
Signature: ~ Date:
City Project Manager:
l Z ,3~ d ~
Signature: ~ Date:
Agency Mayor, if Amendment is over $5,000:
Signature:
Date:
Note: If this amendment is over $25,000 then it must go before the Public Works Committee
and City Council for approval prior to the mayor's signature.
1(-
AMENDMENT #2 TO AGREEMENT NO. AG-C-361 BETWEEN
THE CITY OF AUBURN AND BROWN AND CALDWELL
RELATING TO NPDES PROGRAM DEVELOPMENT AND IMPLEMENTATION
.
THIS AMENDMENT is made and entered into this 36 5, day of , 2009, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the
"CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-361
executed on the 11th day of February, 2009, and amended by agreement dated the 15th day of
October, 2009
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
June 30, 2010.
2. SCOPE OF WORK: There is no change in the scope of work
3. COMPENSATION: There is no change to the amount authorized in the original
agreement and subsequent amendments.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-361 executed on the 11th day of February, 2009, shall remain unchanged,
and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
BROWN AN CALDWELL CITY OF UR
sy:
Authoriz d signature eter B. Lewis, Mayor
ATTEST (Optional): ATTEST:
By:
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional):
Approvec~s to f~n:
I _
Attorney for (Other Party)
Danie~ B. Heid,~"urntity Atto
Amendment No. 2 for Agreement No. AG-C-361
Brown & Caldwell
Page 1 of 1