Loading...
HomeMy WebLinkAbout02-17-2004 ITEM VIII-B-6CITY OF m,N,* URN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Submect Resolution No. 3692 Auburn Wetlands Project Feasibility Study Professional Services Date: 2/11/2004 Agreement Department: Attachments: Resolution No. 3692 BudgetImpact: Planning wl greement for Professional Services Administrative Recommendation: City Council adopt Resolution No. 3692. Background Summary: The study area has both developed (commercial, industrial, and residential) and undeveloped parcels. It is comprised of regulated wetlands, including the Emerald Downs wetland mitigation site, and has historically experienced problems related to flooding and water quality. Some parcels in the area are located within the FEMA floodplain and/or floodway. It also consists of a network of interconnected storm drains and open channels. The feasibility study will evaluate the potential to enhance the area into a multi-purpose wetland/aquatic resource. The project goals include: -Water qualilty improvement - Fish and wildlife habitat enhancement -Visual enhancement -Storm water detention and flood control -Passive public recreation and education -Economic development Resolution No. 3692 (attached) would authorize the Mayor and City Clerk to execute a professional services agreement with David Evans and Associates in the amount $ 99,000.00 to conduct the Auburn Wetlands Project feasibility study. A scope of work is attached to the proposed contract as Exhibit A. The contract seeks to conclude the study by December 31, 2004. $99,000.00 has been budgeted for the study in 2004. Funding will be shared by the Planning Department ($54,000) and the Public Works Department ($45,000). In accordance with City policy, contracts over $25,000 require Council action. The Planning and Community Development Committee recommended approval at their February 9, 2004 meeting. PCDC\RES 3692 ag bill L0218-2 03.4.1.17, A3.16.7 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ❑Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Singer Staff: Krauss Meetin Date: Februar 17, 2004 Item Number: VIII.B.6 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND ASSOCIATES FOR A FEASIBILITY STUDY OF POTENTIAL WETLANDS ENHANCEMENT WHEREAS, the City of Auburn desires to enhance existing wetlands in the in the portion of the City north of West Main Street and south of 15th Street NW between SR 167 and the Interurban Trail; and WHEREAS, the City Council of the City of Auburn, Washington desires to have a feasibility study prepared to provide an analysis of existing conditions and potential constraints within the site; and WHEREAS, the City Council of the City of Auburn seeks to develop viable concepts for water quality improvement, fish and wildlife habitat enhancement, storm water detention and flood control, visual enhancement, and passive public recreation and education within the site; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services with David Evans and Associates, to conduct a feasibility study of the potential to enhance wetlands in the wet -central portion of the City of Auburn, within the area north of West Main Street and south of 15th Street NW between SR 167 and the Interurban Trail, in substantial Resolution No. 3692 February 11, 2004 Page 1 conformity to the Agreement a copy of which is attached hereto, designated as Attachment "1" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage of signatures hereon. DATED and SIGNED this day of February, 2004. CITY OF AUBURN ATTEST: Danielle E. Daskam, City Clerk FORM: Peter B. Lewis MAYOR City Attorney Resolution No. 3692 February 11, 2004 Page 2 EXHIBIT 1 AGREEMENT FOR PROFESSIONAL SERVICES 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 with, DAVID EVANS AND ASSOCIATES, INCORPORATED, whose address is, 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 will perform the services described in Exhibit A, attached and by this reference made part of this Agreement. These Exhibit A services are referred to herein as the "Scope of Work". 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, 2004. 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 CONSULTANT shall be paid by the CITY within 30 days of the invoice date for services rendered under this agreement as provided hereinafter. Such payment --------------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 1 shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. All billings for compensation for work performed under this agreement will list specific project titles, actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B, "Schedule of Charges". The CITY shall promptly notify the CONSULTANT of any disputed amounts invoiced to the CITY. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. Payment shall be on a time and materials basis, approximating the amounts associated with each task in Exhibit A. The amounts under each task may vary; however, the total amount of the contract shall not exceed ninety-nine thousand dollars ($99,000.00). 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. 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 or omissions in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional standards. --------------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 2 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. 5. 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) 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. 6. 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 --------------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 3 herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to --------------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 4 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. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. 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. 8. 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. 9. 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. The CITY agrees that any use or re -use of the work product for purposes not consistent with the purposes contemplated or intended by the CITY herein shall be at the CITY's sole risk; Provided that any use for a purpose that is in conflict with or incompatible with the intended purpose (meaning requiring change or alteration of the work product for it reasonably to be so used) shall be deemed not consistent with the purposes hereof. In ----------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 5 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. 10. 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; Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 6 (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. 11. 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. 12. GENERAL PROVISIONS. 12.1. 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. Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 7 12.2. 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. 12.3. 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. 12.4. 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. 12.5. 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. 12.6. 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. 12.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 12.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. --------------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 8 12.9. This Agreement shall be administered by Peter D. Gonzales, P.E., 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: Eric Hagen 25 W Main Street Auburn, WA 98001 Phone: 253.288.7432 Fax: 253.804.3114 E-mail: ehagen@ci.auburn.wa.us David Evans and Associates, Inc. Attn: Peter Gonzales, P.E. 3700 Pacific Hwy East, Suite 311 Tacoma, WA 98424 Phone: 253.922.9780 Fax: 253.922.9781 E-mail: pdg@deainc.com 12.10. 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 12.9, 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. 12.11. 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 Exhibit 1 to Resolution 3692 February 11, 2004 Page 9 CITY OF AUBURN Peter B Lewis, Mayor Date ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney AW Title: Federal Tax ID # -------------------------------------- Agreement for Professional Services Exhibit 1 to Resolution 3692 February 11, 2004 Page 10 EXHIBIT A SCOPE OF WORK Auburn Wetlands Project Phase 1 - Feasibility Study The proposed Auburn Wetlands Project is an innovative attempt to combine the benefits of wetland enhancement, creation of aquatic and animal habitat, recreational opportunities, educational opportunities, storm water detention and water quality improvement, in a single, large scale site. A plan of this scope requires extensive design, study, planning and engineering. Permitting, public support and fund raising will also be issues. The Phase 1 Feasibility Study will result in the creation of a conceptual development plan and an understanding of issues and opportunities that decision -makers need to determine if additional efforts are warranted and what they should entail. David Evans and Associates, Inc. (DEA) will work cooperatively with another consultant (under separate contract with the City), who will be responsible for soliciting input and support from environmental advocacy groups, potential project funders and the public. DEA will also provide an assessment of likely issues that will be encountered when seeking approval by permitting agencies and will also ascertain the potential for use of this site to provide wetland mitigation for off-site development. DEA will identify any "fatal flaws" which could undermine bringing the project to a successful conclusion. The purpose of the Phase 1 — Feasibility Study is to establish a design concept that provides a means to accomplish the City goals that have been identified as follows: Water Quality Improvement Visual Enhancement Fish and Wildlife Enhancement Passive Public Recreation and Education Storm Water Detention and Flood Control, and Economic Development At the conclusion of the Feasibility Study, the City Council will determine whether it is warranted to proceed to Phase 2 Design, Permitting and Funding and Phase 3 Construction. PHASE 1 TASK SUMMARY: Task A. Project Management Task B. Review/Comparison/Evaluation of Existing Information Task C. Qualitative Constraints Assessment Task D. Site Opportunities Assessment Task E. Conceptual Site Development Plan Alternatives Task F. Qualitative Physical Impacts Assessment Task G. Permitting Assessment Task H. Concept Presentation and Selection Task I. Future Steps Development Exhibit A — Scope of Work Page 1 of 10 Task J. Final Report Preparation and Presentation PHASE 1 TASK DESCRIPTIONS: Task A. Project Management DEA will provide the administrative management of the project for the duration of the Phase 1 services. Management of specific tasks is included within each of the tasks outlined rather than in this Task. However, project management will require time outside of the tasks to accomplish administrative tasks. These include: Contract Management Invoicing Status Reports to be provided at invoicing intervals Filing / Records Management Coordination with City Consultant The fee for this task assumes a schedule of up to five months for Phase 1 completion. Deliverable Product - The deliverable product for this task will be the monthly invoices with a corresponding Status Report. Schedule — Invoices and Status Reports will be provided near the middle of each of seven successive months following Notice to Proceed. Estimated Fees: $7,000.00 Task B. Review/Comparison/Evaluation of Existing Information The DEA team will review materials considered germane to this phase of work. The purpose of this review is to familiarize our team with the project issues, information related to the project, and the efforts that have been expended to date related to the site. Information to be reviewed will include: City of Auburn, King County, and State Codes Previously Completed Studies: - Thormod Wetland Mitigation Area - Design report, Plans, Investigation (Soils, Groundwater, Vegetation) - USFWS Waterfowl Studies - WDFW Pacific Flyways Studies - King County Limiting Factors Analysis for Mill Creek - Tribal Fish Studies - Watershed Studies Pertinent City or County Documents such as: - City 2002 Comp. Storm Drainage Plan - 2000 Mill Creek Special Area Management Plan (SAMP) - 2000 Mill Creek Basis Aquatic Resources Restoration Plan (King County) - FEMA Flood Insurance Rate Maps, 1995 - FEMA Flood Insurance Study, 1994 - Emerald Downs Wetland Mitigation Monitoring Reports (1998-2000) Exhibit A — Scope of Work Page 2 of 10 Sub -basin P Alternative Analysis Draft Technical Memorandum (2002) Mill Creek Water Quality Management Plan (1993) Draft Mill Creek Flood Control Plan, King County Mill Creek Technical Modeling Studies (various) City Critical Areas Ordinance (Draft) Aerial mapping Various Local Private Development proposals Auburn Design and Construction Standards Misc. Survey information City of Auburn Comprehensive Plan GIS Mapping Information It is anticipated that the City will provide copies of some information at the request of the project team. It will not be necessary for the City to provide all of the listed documents. A Preliminary Meeting will be held with the City's consultant (ECOSS) to discuss the preliminary knowledge to generate input from potential outside funding sources. Deliverable Product - At the conclusion of the review, DEA will provide a brief overview of the information that was reviewed in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Task Summary will be the deliverable product for this effort. Four (4) copies of the Task Summary will be provided to the City. Schedule - The deliverable product will be available to the City within three weeks after Notice to Proceed. Estimated Fees: $6,000.00 Task C. Qualitative Constraints Assessment Prior to any design effort, it is necessary to review the site limitations and constraints. An understanding of the project limits, the existing environment, the physical characteristics, and the codified restrictions is imperative. The issues that will be considered are limited to: Geotechnical Information Hydrological Data Space and Real Estate Availability Existing Wetlands Boundaries and Buffers Waterfowl Existence Wildlife Diversity and Habitat Water Quality Assessment Noise Parks Needs Existing Utilities Buffers and Setbacks WSDOT Highway Noise Assessment/Abatement Alternatives Local Storm Control System (requirements of the City's Storm Drainage CIP) Flood System (requires FEMA coordination) Exhibit A — Scope of Work Page 3 of 10 Qualitative boundaries of known constraints will be placed on a map called a Site Constraints Map. This map will show the approximate limits of site limitations or issues. Deliverable Product - At the conclusion of the assessment, DEA will provide a brief overview of the existing or possible restrictions and constraints that were found in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Site Constraints Map and Task Summary will be the deliverable product for this effort. Four (4) copies of the Task Summary and Site Constraints Map will be provided to the City. Schedule - The deliverable product will be available to the City within two weeks after Notice to Proceed with Task C. Estimated Fees: $11,000.00 Task D. Site Opportunities Assessment DEA will review and qualitatively assess the opportunities available for use in the concept development. This task will determine what the site offers in terms of developing a plan that meets the goals of the City. These elements will be limited to: Native Plants Cataloging Landscaping Recreation Education Mitigation Banking ESA Fish Restoration Wildlife Connectivity Habitat (Type, Diversity, Composition) Visual (View Corridors, Screening, Focal Points) On-site Disposal/Fill Area Storm System Water Quality One of the key opportunities to be reviewed in detail are the drainage solutions for Sub -Basins E and P defined in the City's Comprehensive Drainage Plan. DEA will review the on-site and off- site circumstances to identify specific solutions for implementation. All opportunities will be reviewed with City Staff. The qualitative boundaries or specific circumstances of known opportunities will be placed on a map called a Site Opportunities Map. This map will show the approximate limits of site circumstances that may provide opportunities for enhancing the area. Deliverable Product - At the conclusion of the assessment, DEA will provide a brief overview of the existing or possible opportunities that were found in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Site Opportunities Map and Task Summary will be the deliverable product for this effort. Four (4) copies of the Task Summary and Site Opportunities Map will be provided to the City. Exhibit A — Scope of Work Page 4 of 10 Schedule - The deliverable product will be available to the City within two weeks after Notice to Proceed with Task D. Estimated Fees: $12,000.00 Task E. Conceptual Site Development Plan Alternatives Working with City Staff, DEA will develop a series of preliminary conceptual designs that show how development ideas meeting the City's goals can be incorporated into the site. Site constraints, opportunities, and agency permitting will be considered in the development of the concepts. Up to four (4) preliminary concepts will be prepared and will include the following considerations: Component Development for Specific Elements - Passive Recreational Elements - Active Recreational Elements - Educational Elements - Storm Water Quality System - Storm Water Detention System - Fish Pond - Created Wetlands/Habitat Features -Resource Center Building - Trails (Walking, Bicycle, Components) - Canoe Routes - Highway Noise Abatement - Highway Expansion - Birding Stations - Infrastructure Needs (Access, Parking, Utilities, Etc.) Sizing Considerations for Storm Water Components Alternatives Development for Layout Visual Enhancement A primary goal of the project is to incorporate solutions to identified city storm drainage control needs. Solutions to accommodate the City's Comprehensive Drainage Plan will be determined in more detail and reviewed with City Staff. The selected conceptual solutions will be included within the developed concepts. The concepts will be rendered in a colored drawing that will highlight included elements. DEA will prepare a Preliminary Construction Cost Estimates for each alternative. Deliverable Product - At the conclusion of the task, DEA will provide a brief overview of the design process, the features and advantages/disadvantages of the four concepts that were created, and the Preliminary Construction Cost Estimates in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Task Summary and the Concept Plans will be the deliverable product for this effort. Copies of the plans will be included in the Final Report. Four (4) copies of the Task summary will be provided to the City. Schedule - The deliverable product will be available to the City within three weeks after Notice to Proceed with Task E. Exhibit A — Scope of Work Page 5 of 10 Estimated Fees: $18,000.00 Task F. Qualitative Physical Impacts Assessment DEA will qualitatively assess the physical impacts that will be associated with the implementation of each of the concept plans in an effort to determine necessary mitigation. Formal studies will not be performed. Future permitting tasks will require the quantitative evaluation of the impacts. The physical impacts that will be reviewed will be limited to: Drainage (City, Upstream, Downstream, Mill Creek) Wetlands Traffic Parks Facilities Habitat (Insects, Raptors, Fish, Birds, Waterfowl, Reptiles, Mammals) Deliverable Product - At the conclusion of the review, DEA will provide a brief overview of the Qualitative Physical Impact Assessment in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Task Summary will be the deliverable product for this effort. Four (4) copies of the Task summary will be provided to the City. Schedule - The deliverable product will be available to the City within two weeks after Notice to Proceed with Task F. Estimated Fees: $5,000.00 Task G. Permitting Assessment A key project element will be identifying and securing permits. DEA will review the permitting requirements of various agencies to establish the required permitting for the project concepts. In some cases, a meeting may be held with the agency to discuss the details of obtaining approvals. The agencies and their respective permits that will be reviewed will be limited to: City of Auburn - Site Development - Utility Extension Permits - Building Permits - Storm Control - Fill and Grade - Pending Critical Areas Ordinance - SEPA King County Washington State - WSDOT — Right of Way Access Permit - Dept. of Ecology - NPDES - Forest Practices Approval - JARPA (HPA, Etc.) - Fish and Wildlife Exhibit A — Scope of Work Page 6 of 10 Federal Army Corps of Engineers 404 Permit - NEPA - NOAA Fisheries - Clean Water Act - NPDES - FEMA — Flood Plain Permit, Flood Plain Adjustment - Endangered Species Act — Section 7 Consultation The information learned during this task will be applied to each alternative as one means of evaluating the alternatives. Further, the information will assist the creation of a project schedule in a subsequent task. Deliverable Product - At the conclusion of the permitting review, DEA will provide a brief overview of the permits required and their important issues in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Task Summary will be the deliverable product for this effort. Four (4) copies of the Task Summary will be provided to the City. Schedule - The deliverable product will be available to the City within two weeks after Notice to Proceed with Task G. Estimated Fees: $6,000.00 Task H. Concept Selection The desired outcome of this task is the selection of one of the prepared concept plans. This will require input from outside entities and stakeholders. DEA will present the preliminary concept in a series of public presentations. Prior to public presentation, DEA will provide concept drawings to City Staff for review and comment. The concept presentation drawings will be large, scaled, colored drawing format. The purpose of the presentation is to finalize the details of the concepts prior to going out to the public for comments. DEA will attend and present the conceptual plan alternatives to the City Council one time. This meeting will in effect, kick off the public component of the selection phase. Materials to be presented will represent the concepts on large format drawings mounted on boards or via projected images. Handouts will be provided during the meeting. Senior representatives for key project elements will be available at the meeting to answer questions. After the City Council presentation, DEA will attend one meeting with the Environmental Coalition of South Seattle (ECOSS) and City Staff to discuss the concepts to generate input. DEA will present the concept alternatives to the Public Works Committee and Parks Board. DEA will attend one Open House forum arranged by City Staff and will provide a brief presentation. DEA will solicit questions and request comments on the concepts presented. Collected comments will be used for the final concept selection. Exhibit A — Scope of Work Page 7 of 10 To make a final selection, DEA will arrange one meeting wherein the project team and interested City Staff can meet to develop a ranking system and measure each of the alternatives with respect to the criteria developed. Information received during question and answer periods at all public presentations will be included in the ranking criteria. The result of this meeting is that one concept will be selected for final evaluations. Deliverable Product - At the conclusion of the Concept Plan Selection, DEA will provide a brief overview of the process used and the results in a Task Summary. Substantive issues to be acknowledged will be provided within the summary. The Task Summary will be the deliverable product for this effort. Four (4) copies of the Task Summary will be provided to the City. Schedule - The deliverable product will be available to the City within three weeks after Notice to Proceed with Task H. Estimated Fees: $12,000.00 Task I. Future Steps Development To move the project forward a plan for implementing the project must be established. The issues ahead of the project will likely not be related to the technical design. Instead issues such as permit approvals, funding, phasing and the like will determine whether or not the project can be successful. Issues that will be reviewed and addressed are limited to: Project Planning and Pre -Design Funding Programming Real Estate Acquisition Partnering Opportunities Stakeholder Investment/Acknowledgement Permit/Entitlement Programming (Environmental Assessment, SEPA, Etc.) Public Involvement of Affected Adjacent Property Owners Final Design and Design Review (Including Floodplain Modeling) Project Scheduling/Phasing Monitoring and Maintenance Program Development Award/Recognition Potential Summary and Status Report A CPM schedule illustrating the logical components of project execution to include design, design review and acceptance, public review for adjacent property impacts or affects, design modifications, permitting, and construction once funding is available will be prepared. An indication of the general level of financing needed to go to the next step should be reflected in the CPM. The CPM will list all critical tasks essential to project execution such as wetland delineation, floodplain flow modeling and analysis, etc. The formulation of the project execution tasks will be coordinated with the City Engineer and staff to assure that the project is consistent with floodplain regulations and meets the goals of the City's Storm Drainage Comprehensive Plan for Sub -basins E and P. Any requirements to modify the City Storm Drainage Comprehensive Plan will be identified during design testing. Deliverable Product — At the conclusion of the review, DEA will provide a brief overview of the Future Steps in a Task Summary. DEA will offer a CPM type schedule in Microsoft Project that Exhibit A — Scope of Work Page 8 of 10 can be used to direct the project in the future. Substantive issues to be acknowledged will be provided within the summary. The Task Summary and the schedule will be the deliverable product for this effort. Four (4) copies of the Task Summary will be provided to the City. One hard copy and one electronic copy of the schedule will be provided. Schedule - The deliverable product will be available to the City within three weeks after Notice to Proceed with Task I. Estimated Fees: $10,000.00 Task J. Final Report Preparation and Presentation DEA will prepare a Final Report that will describe the project, document the process of developing the concept plan, and summarize the findings, conclusions and recommendations based on the Phase 1 efforts. The outline for the Final Report will be as follows: Executive Summary Table of Contents Feasibility Study Process - Review of Original City Goals, Vision, Etc. - General Concept Description Concepts and Alternatives Development Analysis Findings - Project Planning - Real Estate Acquisition - Partnering Opportunities - Stakeholder Identification - Permitting - Project Development Strategies - Project Schedule/Phasing Conclusions - Feasibility of Property Use for City Goals - Accomplishment of City Goals, Vision - Water Quality Improvement Visual Enhancement Fish and Wildlife Habitat - Passive Public Recreation and Education - Storm Water Detention and Flood Control - Economic Development Awards/Recognition Potential Conceptual Project Costs Conceptual Project Timeline Recommendations - Next Steps with Responsibilities Identified - Real Estate Acquisition Appendices A. Preliminary concepts Graphics (if any) Exhibit A — Scope of Work Page 9 of 10 Deliverable Product - DEA will provide a Final Report as described. Six (6) copies of the Final Report will be provided to the City. All deliverable materials generated in this phase of work will be provided to the City in an electronic format using MS Word, MS Excel, MS PowerPoint or AutoCAD 2002. Schedule - Two draft copies of the Final Report will be provided to the City within two weeks of the Notice to Proceed with the Final Report. DEA will finalize the document and provide a final draft for final review and comment within two weeks after receiving initial comments. Ten copies of the Final Report will be prepared and delivered to the City two weeks after receiving final review comments. Subsequent copies of the report will be prepared at a rate of $100 per copy. Estimated Fees: $9,000.00 PHASE 1 PROJECT FEES Total Professional Fees: $96,000 Total Anticipated Expenses: $3,000 Total Costs: $99,000 Exhibit A — Scope of Work Page 10 of 10 EXHIBIT B SCHEDULE OF CHARGES David Evans and Associates Inc. Billing Rates Effective January 1, 2004 — December 31, 2004 Hourly rates Principals.............................................................$ 175.00 Project Manager ...................................................$ 155.00 Assistant Project Manager ...................................... $ 135.00 Sr. Landscape Designer .........................................$ 110.00 Permit Coordinator ................................................$ 110.00 Traffic Manager .................................................... $ 110.00 Project Civil Engineer ............................................ $ 100.00 Habitat Scientist ................................................... $ 100.00 Wetland Biologist ..................................................$ 95.00 Graphics/CADD................................................... $ 70.00 Project Assistant....................................................$ 90.00 Clerical................................................................$ 60.00 The hourly rates will include direct labor costs, overhead costs, and all indirect costs of David Evans and Associates Inc. such as office equipment, computer use, and telephone etc. Direct Non -Salary Reimbursable Expenses Reproduction Fees • Communication Fees • Mileage at $0.37.5/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. Schedule of Charges 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.: XX -X -XXX). • Project number(s) listed (i.e.: XXXXX). • 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.: site assessment, concept development, etc.) 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 15tH • For grant/special funded projects there might be other special information needed, reference the LAG manual. Schedule of Charges