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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 Agreement for Professional Services AG-C361 Page 1 of 14 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. Agreement for Professional Services AG-C361 Page 2 of 14 Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this Agreement. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perForm its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement. Agreement for Professional Services AG-C361 Page 3 of 14 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Agreement for Professional Services AG-C361 Page 4 of 14 The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the CITY with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at Agreement for Professional Services AG-C361 Page 5 of 14 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: Agreement for Professional Services AG-C361 Page 6 of 14 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, Agreement for Professional Services AG-C361 Page 7 of 14 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. Agreement for Professional Services AG-C361 Page 8 of 14 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 Page 2 of 8 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