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HomeMy WebLinkAboutITEM V-C-1A TYOF UBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Amendment to Agreement AG-C-320 with Grette Date: Associates for environmental services. 6/24/2008 Department: Attachments: Budget Impact: $5,000 Planning, Building and 1. AG-C-320 Amendment 1 Community 2. Agreement No. AG-C-320 Administrative Recommendation: City Council to approve of amendment to Agreement AG-C-320 with Grette Associates for environmental services. Background Summary: On January 29, 2008, the City contracted with Grette Associates to assist with state and federal wetland permitting requirements for the Mohawk Northern Plastics expansion project. The term of the original contract ends on July 31, 2008. The proposed amendment extends the term of the contract to December 31, 2008, and increases the contract amount $5,000 to provide environmental permitting support for the project through the end of the year. The amendment increases the total contract amount to $29,870.75. L0707-5 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 ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: Jul 7, 2008 Item Number: V.C.1 AUBURN* MORE THAN YOU IMAGINED AMENDMENT #1 TO AGREEMENT NO. AG-C-320 BETWEEN THE CITY OF AUBURN AND GRETTE ASSOCIATES, LLC RELATING TO PROJECT NO. CP0767, MOHAWK NORTHERN PLASTICS THIS AMENDMENT is made and entered into this day of , 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Grette Associates, LLC (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-320 executed on the 29th day of January 2008. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31St, 2008. 2. SCOPE OF WORK: The scope of work is amended to include additional environmental permitting and coordination activities. See Exhibit A, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $5,000. The total contract amount is increased to a total of $29,870.75. See Exhibit A for fee schedule. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-320 executed on the 29th day of January 2008, 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. GRETTE ASSOCIATES, LLC CITY OF AUBURN Bv: Authorized signature Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk ---------------------------------------------------------- Amendment No. 1 for Agreement No. AG-C-320 Grette Associates, LLC Page 1 of 3 APPROVER AS TQ FORM: Daniel 9- Heid, City Attorney Amendment No. 1 for Agreement No. AG-C-320 Grette Associates, LLC Page 2 of 3 EXHIBIT A Task 600 - Violation Resolution and After-The-Fact Permit Coordination Grette Associates has been assisting the City of Auburn (Client) with satisfying Federal and State wetland development permitting requirements for the Mohawk Northern Plastics expansion project (Mohawk). During the course of these permitting efforts, grading and fill actions were conducted at the Mohawk site that resulted in a Federal Clean Water Act violation. Grette Associates has been working with the Client, US Army Corps of Engineers (Corps) and Washington Department of Ecology (Ecology) to resolve the violation and continue with administration and preparation of the original permitting efforts within the budget of the original Agreement for Professional Services. In coordination with the Client and Corps, full Section 404 permit and Section 401 certification application packages have been prepared and submitted. However, additional coordination will be required as the Corps and Ecology proceed with their investigation of the violation and processing of the application packages. The previous efforts have exhausted the original budget and some additional time must be authorized in order for Grette Associates to continue their coordination, violation resolution, and permitting efforts with the Client and regulatory agencies. Under this Amendment, Grette Associates will continue to provide violation resolution, permitting support, and project management for the Mohawk project and act as the permitting Agent as necessary according to the rates detailed below. Intensive coordination and negotiations with various City staff and consultants, State and Federal permitting agencies, and other relevant parties, including recurrent contact between the permitting agencies and addressing various information requests, will continue as necessary. Billing rates for Amendment No. 1 to Agreement AG-C-320 are as follows: Staff Rate Staff Biologist 1 $ 82.00 Staff Biologist 2 $ 87.00 Staff Biologist 3 $ 95.00 Staff Biologist 4 $100.00 Staff Biologist 5 $108.00 Principal Biologist $150.00 CAD Technician $ 65.00 Project Administration $ 67.00 Courier & Administration $ 48.00 Mileage $ 0.505 Cost Estimate This cost estimate is based on the assumption that Grette Associates has timely communications with City of Auburn staff, other City consultants, and regulatory staff, and that any additional data necessary will be made available in a timely manner. This is to be a Time and Materials contract based on the billing rates provided above. For the purposes of initiating the Project, the Tasks will be charged for time and materials up to (but not to exceed) $5,000.00. If additional funds are necessary, the task costs would not be exceeded without a change order signed by Grette Associates and the Client. Amendment No. 1 for Agreement No. AG-C-320 Grette Associates, LLC Page 3 of 3 A--3 -i G .7 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-320 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 Grette Associates, LLC, whose address is 2102 North 30th Street, Suite A, Tacoma, WA 98403, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by July 31, 2008. 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. Compensation will be on a time and material basis, not to exceed $24,870.75. Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 1 of 11 The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. 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 environmental 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. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 2 of 11 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 defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from and shall process and defend at its own expense any and all claims, injuries, damages, losses, or suits, including attorney fees or equity arising in whole or in part from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, or 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 sole negligence of the CITY, its officers, officials, volunteers, 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, its officers, officials, volunteers, or 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 - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 3 of 11 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, 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 shall obtain insurance of the types and in the amounts described below: 1. 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY, its officers, employees and agents shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY. 3. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 4 of 11 4. 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: 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. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance, self insurance or insurance pool coverage maintained by the CITY, its officials, employees or agents shall be excess of 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 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 original 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 within 14 days of the execution of this Agreement. The CITY reserves the right Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 5 of 11 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. 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. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 6 of 11 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; (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. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 7 of 11 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. 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. Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 8 of 11 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 attorney's 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. 12.9. This Agreement shall be administered by Matthew Boyle 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: Aaron C. Nix 25 W Main Street Auburn WA 98001 Phone: 253.288.7432 Fax: 253. 804.3114 E-mail: anix0auburnwa.gov Grette Associates, LLC Attn: Mathew Boyle 2102 North 30t' Street, Suite A Tacoma, WA 98403 Phone: 206.789.9658 Fax: 206.789.9684 E-mail: matthewb(c-oaretteassociates.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 Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 9 of 11 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 - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 10 of 11 CI N - 1 Peter B Lewis, Mayor Date JAN 2 9 2008 ATTEST: Jj 440? Danie a E. Daskam, City Clerk Grette Associates, LLC BY: Title: PL?[ '4 ?I "Z'I r Federal Tax ID # Agreement for Professional Services - Mohawk Plastics Wetland Development Permitting January 9, 2008 Page 11 of 11 APPROVED AS TO FORM: EXHIBIT A SCOPE OF WORK Mohawk Northern Plastics (Mohawk) operates an industrial facility within the City of Auburn (City), and they have found it necessary to expand their manufacturing capacity. The proposed project involves a 69,900 square foot addition to their existing facility, extension of an adjacent public road, and some associated infrastructure improvements. Due to significant site constraints, this expansion must occur southward onto the only remaining vacant parcel (King County Parcel Number 1321049056) that is contiguous to their existing plastics manufacturing building. The vacant parcel contains a 70,000 square foot Category IV wetland that must be filled as part of this project. This isolated wetland is subject to regulation under the City's Critical Areas Ordinance (Title 16.10) and the Washington Department of Ecology (Ecology) under RCW 90.48. In addition, the United States Corps of Engineers (Corps) has recently chosen to assert Federal jurisdiction over this wetland. Assertion of Federal jurisdiction over this wetland requires that the project apply for an Individual Section 404 Permit, an Individual Section 401 Water Quality Certification, and Coastal Zone Management (CZM) Consistency. In addition, Federal permitting actions trigger additional regulatory review such as Section 7 Consultation under the Endangered Species Act (ESA), National Environmental Policy Act (NEPA) compliance, and National Historic Preservation Act (NHPA) Section 106 review, et cetera. In the Pacific Northwest, Individual Section 404 Permits typically are processed in 12 to 24 months depending upon the severity of ESA, NHPA, NEPA, and other challenging issues. Careful planning, clear project objectives, compliance with Federal and State standards, and heavy coordination with regulators can positively affect processing timelines. However, processing of Individual Section 404 Permits in less than 12 months is rare without significant cooperation on the part of the Corps and Ecology. Mohawk and the City plan to fill the wetland and proceed with construction of the facility in the summer of 2008. However, this schedule requires the approval of many Local, State, and Federal permits in approximately 6 months. While not impossible, this schedule is extremely challenging to achieve, and would require not only significant cooperation on the part of the Corps and Ecology, but also that of Mohawk and the City, and considerable coordination and facilitation on the part of the project's consultants. In addition, items such as clearly defensible Section 404(b)(1) compliance, an appropriate mitigation plan, compliance with the Mill Creek Special Area Management Plan (SAMP), and lack of ESA or NHPA issues would also be of paramount importance. In preparation for this permitting action, Grette Associates LLC previously assisted the City in the location of a suitable wetland mitigation site. Grette Associates LLC subsequently provided a rapid wetland delineation and assessment of the Goedecke South Parcels located southeast of the intersection of West Valley Highway and State Route 18 where wetland mitigation for the Mohawk project is planned. At this time, most of the major necessary components are in place to move forward with wetland development permitting efforts, and the City has requested that Exhibit A Agreement No. AG-C-320 Page 1 of 3 Grette Associates LLC provide environmental permitting support and project management for the proposed project. Sequencing for this project will be as follows: To start, Grette Associates LLC will work with Mohawk, City staff, and other relevant parties, to finalize a permitting strategy for the project. Once a project strategy is determined, Grette Associates LLC will work with Mohawk and City staff to a draft Project Description, and a clearly defensible Section 404(b)(1) Alternatives Analysis. Concurrently, Grette Associates LLC will work with Landau Associates and City staff to draft a basic mitigation concept for the Goedecke South Parcels based upon the recently completed wetland assessment for the site. Landau Associates, under separate contract with the City, will subsequently use this concept to develop a detailed Wetland Mitigation Plan for the project. This Wetland Mitigation Plan will be written to Local, State, and Federal standards and incorporate the Project Description and Alternatives Analysis provided by Grette Associates LLc Landau Associates will also provide construction design, engineering, and geotechnical services as necessary for the Wetland Mitigation Plan including all construction and all DARPA drawings (JARPA drawings will be acceptable to the Corps and will be appropriate for inclusion with all related permitting documents). At the same time, Grette Associates LLC will also prepare all appropriate Local, State and Federal permit applications and documents needed for this project including the JARPA document, a Biological Evaluation, and CZM Consistency. Grette Associates LLC and Landau Associates will carefully coordinate their activities and freely share information regarding the project at all times. In addition to the aforementioned tasks, Grette Associates LLC will provide environmental permitting support and project management for the proposed project. This task includes intensive coordination and negotiations with various City staff and consultants, various Local, State, and Federal permitting agencies, tribal representatives, and other relevant parties, including frequent contact between the permitting agencies and responses to requests for more information from them, project planning and scheduling, and submittal of permit applications. Grette Associates estimates that permit applications and supporting documents be submitted between 1 and 2 months after the start of this contract. This scope assumes that the original SEPA determination for the project stands, and that the planned wetland mitigation actions (including removal and stockpiling of fill materials in the southern portion of the Goedecke site) will not require additional review. In addition, this scope also assumes that there will be no significant ESA or cultural resources issues at either site, and that the proposed wetland mitigation actions will not require a Hydrologic Project Approval or Cultural Resources Survey. In addition, Mohawk and/or the City shall provide all relevant construction documents and background data for the project and the establishment and recording of necessary conservation easements will be conducted in a timely manner. Grette Associates LLC will work closely with Mohawk, City staff, and relevant parties in a timely and cost-effective manner. Services will be billed for actual time and expenses required to effectively perform these activities up to a total cost of $24,896.75. Grette Associates will notify the City promptly unanticipated circumstances are encountered that are liable to materially increase cost of completing the work in this contract. Should additional environmental planning Exhibit A Agreement No. AG-C-320 Page 2 of 3 or consultation services become necessary, this scope may be increased with a written change order signed by Grette Associates and the City. Exhibit A Agreement No. AG-C-320 Page 3 of 3 EXHIBIT B FEESCHEDULE TASK 200 - Environmental Plannine Services (strategy,_nlanning, conceptual design. 404(b )(1) Alternatives Analysis coordination & text, public notice, e t cetera) Labor Rate Units Total Matthew Boyle (Principal) Jeremy Downs (Senior Biologist) $140.00 $ 95.00 6 56 $ 840.00 $ 5,320.00 CAD Technician $ 65.00 5 $ 325.00 Erin McIntyre (Project Administrator) $ 67.00 1 $ 67.00 Subtotal $ 6,551.00 Expenses Mileage $ 0.505 $ 0.00 Other travel expenses $ 0.00 Subtotal $ 0.00 Task 200 Total $ 6,552.00 TASK 300 - Project Management Labor Rate Units Total Jeremy Downs (Senior Biologist) $ 95.00 60 $ 5,700.00 Jeanie Espinosa (Courier & Administration) $ 67.00 12 $ 804.00 Subtotal $ 6,504.00 Expenses Mileage $ 0.505 750 $ 378.75 Other travel expenses $ 0.00 Subtotal $ 378.75 Task 300 Total $ 6,882.75 TASK 400 - Permit Documents (data menaration & coordination. JARPA pr gparation, local & suynlemental documents memorandums, limited CAD review) Labor Rate Units Total Matthew Boyle (Principal) $140.00 2 $ 280.00 Jeremy Downs (Senior Biologist) $ 95.00 66 $ 6,270.00 CAD Technician / Staff Biologist 1 $ 65.00 4 $ 260.00 Subtotal $ 6,810.00 Expenses Mileage $ 0.505 $ 0.00 Other travel expenses $ 0.00 Subtotal $ 0.00 Task 400 Total $ 6,810.00 TASK 500 - Project Documents (Bioloeical Evaluation, CZM, et cetera) Labor Rate Units Total Matthew Boyle (Principal) $140.00 4 $ 560.00 Jeremy Downs (Senior Biologist) $ 95.00 12 $ 1,140.00 Angela Dubois (Staff Biologist 3) $ 82.00 36 $ 2,952.00 Subtotal $ 4,651.00 Expenses Mileage $ 0.505 $ 0.00 Other travel expenses $ 0.00 Subtotal $ 0.00 Task 500 Total $ 4,652.00 Project Total $ 24,896.75 Exhibit B Agreement No. AG-C-320 Page 1 of 2 Billing rates for this agreement are as follows: Staff Rate Staff Biologist 1 $ 82.00 Staff Biologist 2 $ 87.00 Staff Biologist 3 $ 95.00 Staff Biologist 4 $100.00 Staff Biologist 5 $108.00 Principal Biologist $140.00 CAD Technician $ 65.00 Project Administration $ 67.00 Courier & Administration $ 48.00 Mileage $ 0.505 Cost Estimate The budget for this Project is estimated according to anticipated needs of the project, and is entirely dependant upon the results of the aforementioned tasks, City of Auburn's needs, and regulatory processing and feedback. As various elements of the process are somewhat dynamic, and as some unresolved issues may change the overall scope of the project, this Project is limited to the budget set forth below. This is to be a Time and Expense contract based on the billing rates and time estimates provided above. For the purposes of initiating the Project, services will be charged for time and expenses up to (but not to exceed) $24,896.75 If additional funds are necessary, the costs would not be exceeded without a change order signed by Grette Associates and the City of Auburn. Exhibit B Agreement No. AG-C-320 Page 2of2 EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Reproduction Fees • Communication Fees • Mileage at $0.505/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 10%. Anything not listed here will not be paid. Exhibit C Agreement No. AG-C-320 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. • Intemal 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 15t" • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-320 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 Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses see attached documentation Charges Multiplier Amount Mike Jones, Principal in Charge Carla Maker, Architect 20 miles $ 30.00 x1.1 x1.1 $ 7.59 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 821.49 Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE - A%Al h $ 2,860,00 $ 3,681.49 GUN 1 KAU 1 0Mr-AnUWVW N Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining Original Contract 000.00 $ 22 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* , 500.00 2 0.00 1,000.00 1,000 .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 1110101 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-320 Page 2 of 2