HomeMy WebLinkAboutITEM VIII-B-1
CTYOF
UtuRN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4376 - Agreement AG-C-338 with Date:
BHC Consultants for professional planning and engineering services. September 2, 2008
Department: Planning, Building Attachments: Budget Impact: $175,000
and Community 1. Resolution No. 4376
2. Agreement No. AG-C-338
Administrative Recommendation:
City Council adopt Resolution No. 4376.
Background Summary:
In 2007, the City determined that selected elements of the City of Auburn zoning and subdivision codes
are in need of a consistency review and update. Staff from the Public Works and Planning Departments
solicited proposals from qualified consultants and interviewed three (3) firms. The BHC Consultants/Roth
Hill team was selected to assist the City with the code review and update. On October 22, 2007, the City
Council approved Resolution No. 4245 authorizing Agreement AG-C-315 with BHC Consultants for this
work and that agreement was executed on November 5, 2007.
Earlier this year, City Council determined that a more comprehensive code review and update effort than
that provided for under AG-C-315 is required. The City Council further determined that the City's
residential zoning regulations and public works design standards are the highest priority for this review
and should be addressed first. Agreement AG-C-338 provides for the broader, more comprehensive code
update effort envisioned by the City Council. Under the new agreement, the consultant will expand on the
work they have performed to date to assist the city in a more comprehensive review, evaluation, and
update of the City's zoning code (Title 18 ACC), subdivision code (Title 17 ACC), project review
regulations (Title 14 ACC), and public works design standards. The work will be performed in two phases;
the first phase will focus on the City's residential zoning and development regulations, and
street/stormwater design standards; the second phase will focus on the remaining development
regulations and design standards.
The Consultant work under Agreement AG-C-338 will effectively supersede any remaining work under
Agreement AG-C-315, therefore upon approval and execution of Agreement AG-C-338, Agreement AG-
C-315 will be terminated and closed out.
Discussed by PCD Committee on 7/14/2008 - The committee indicated that code update process should
specifically include participation of representatives from the development community. The scope of work
appended to the agreement has been revised to include the creation/facilitation of a development
community advisory committee to participate in the code update process.
L0901-1 A3.16.7, A3.13.8
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: September 2, 2008 Item Number: VIII.B.1
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 4 3 7 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH BHC CONSULTING, LLC TO
ASSIST THE CITY IN UPDATING THE CITY'S
DEVELOPMENT CODES
WHEREAS, the City of Auburn zoning, subdivision and other related
codes and associated design standards are in need of a comprehensive review;
and
WHEREAS, incremental amendments made over the years have made it
increasingly difficult for City staff and the public to easily and efficiently utilize the
existing development codes; and
WHEREAS, an update of the City's development regulations will further
the City's objective to improve the permit process; and
WHEREAS, the City Council previously approved Resolution No. 4245 to
enter into City of Auburn Agreement No. AG-C-315 with BHC Consulting, LLC for
the purpose of assisting in the City's review, evaluation, and update of the City's
development regulations; and
WHEREAS, the City Council City Council has subsequently determined
that a more comprehensive code review and update effort than that provided for
under City of Auburn Agreement No. AG-C-315 is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS.
Resolution No. 4376
August 26, 2008
Page 1 of 2
Section 1. The Mayor and the City Clerk of the City of Auburn are hereby
authorized to execute an Agreement for Professional Services with BHC
Consulting, LLC for the purpose of updating the City's development codes, which
agreement shall be in substantial conformity with the Agreement a copy of which
is attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
iei B"Heic},...City A
Resolution No. 4376
August 26, 2008
Page 2 of 2
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-338
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 BHC CONSULTANTS, LLC whose address is 720 Third Avenue, Suite
1200, Seattle, WA 98104, 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. The schedule for completion of work will be based on
Exhibit B, which is attached hereto and by this reference made a part of this Agreement.
All work under this Agreement shall be completed by September 15, 2009.
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.
The CONSULTANT shall provide a qualified staff person to work on-site at City
Hall within the Planning, Building, and Community Department two days a week. The
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 1 of 22
CONSULTANT shall provide the CITY with the written qualifications of on-site
personnel, who shall be subject to CITY's prior review and approval; the anticipated
office days for the on-site staff person are Mondays and Tuesdays. Mondays will be an
approximately twelve hour day and Tuesdays will be an approximately eight hour day.
The CITY shall provide a workspace, WI-FI internet access, and electronic files of all
pertinent City documents. Additionally, the CONSULTANT will provide a technical
representative for work on the engineering-related design standards, but this person
does not necessarily have to work on-site. There will also be eight hours available
during the week for the CONSULTANT to use for management and technical oversight.
Any changes in the assigned on-site personnel shall require prior city approval.
3. COMPENSATION.
Compensation will be on a time and material basis, not to exceed $175,000. Costs will
be based on Exhibit C, which is attached hereto and by this reference made a part of
this Agreement. The compensation to be paid to the CONSULTANT shall not exceed
$60,000 for the year 2008. Compensation to be paid to the CONSULTANT for
authorized work in succeeding years will be contingent upon availability of funds. The
CONSULTANT will not undertake any work or otherwise financially obligate the CITY in
excess of the then-applicable said-not-to-exceed amount without a duly executed
Addendum issued by the CITY.
Consultant invoices shall provide such information and be of a form substantially
similar as that shown in Exhibit D.
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.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 2 of 22
4. SUBCONTRACTING
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not subcontract for the performance
of any work under this AGREEMENT without prior written permission of the CITY. No
permission for subcontracting shall create, between the CITY and subcontractor, any
contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
AGREEMENT and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
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 planning 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
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 3 of 22
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
negligent acts, errors or omissions of the CONSULTANT in performance of this
Agreement.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 4 of 22
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.
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
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 5 of 22
maintained by the CITY, its officials, employees or agents 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 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, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any time. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
9. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated, prepared
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 6 of 22
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 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;
(aJ( 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;
---------------------------------------------------------------
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 7 of 22
a ) 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
aLdd _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,
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.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 8 of 22
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 attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
13.9. This Agreement shall be administered by Roger Wagoner on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 9 of 22
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses:
City of Auburn
BHC Consultants, LLC
Roger Wagoner, Director
720 Third Avenue, Suite 1200
Seattle, WA 98104
Phone: (206) 505-3500
Fax: (206) 505-3506
rogerwagoner@bhcconsultants.com
25 W Main Street
Auburn WA 98001
Phone: (253)
Fax: (253) 804-3114
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.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 10 of 22
CITY OF AUBURN
Peter B. Lewis, Mayor
Date
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Davie k City n
BHC Consultants, LLC
BY:
Title:
Federal Tax ID #
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 11 of 22
EXHIBIT A
AUBURN DEVELOPMENT REGULATIONS REVIEW/UPDATE
SCOPE OF WORK
BHC CONSULTANTS, INC.
Objective: To review, evaluate and revise current City of Auburn development regulations
and design standards including the Auburn Project Review Regulations (Title 14 ACC), the
Auburn Comprehensive Zoning Ordinance (Title 18 ACC), the Auburn Land Division
Ordinance (Title 17 ACC), and the City of Auburn Public Works Design Standards. This work
is to be conducted in phases based on the identified priorities of the City Council. This scope
of work represents an expansion of the Consultant's initial zoning code review scope of work
for the City. Work performed to date by the Consultant in the review and evaluation of the
City's zoning code will be included and used to perform this expanded scope of work.
Scope of Work
Phase One Residential/Planned Unit Development Regulations and Street/Storm
Drainage Design Standards
Task 1: Review, Evaluation, and Recommendations
A. Review existing City of Auburn land use planning documents and development
regulations including, but not limited to, the City of Auburn Comprehensive Plan,
the Auburn Project Review Regulations (Title 14 ACC), the Auburn
Comprehensive Zoning Ordinance (Title 18 ACC), the Auburn Land Division
Ordinance (Title 17 ACC), and the City of Auburn Design Standards. City staff to
identify which documents have recently been updated to assist in prioritizing the
Consultant's work efforts.
6. Evaluate the City's current zoning and land division codes (as they relate to
residential development) for internal consistency and consistency with the
Growth Management Act, including the plans, policies and regulations referenced
therein, and other state planning and development statutes and regulations.
Prepare a written summary of any consistency issues noted (Consistency Report).
B C...___...____Evaluate the City's current street and storm drainage design standards as
they relate to the City's zoning code and subdivision regulations for internal
consistency and consistency with the City of Auburn Comprehensive Plan and the
plans, policies and standards referenced therein (i.e. Comprehensive Drainage
Plan, Comprehensive Water Plan, Comprehensive Sanitary Sewer Plan,
Comprehensive Transportation Plan, etc). Include a written summary of any
consistency issues noted in the Consistency Report prepared under Task 113.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 12 of 22
D. Review the list of proposed code and design standard amendment items
identified by the City Council's Planning and Community Development and Public
Works Committees and City staff, and the summary of issues and potential code
improvement items identified by the two development community focus groups
conducted in January 2008.
E. Review and evaluate zoning codes and design standards used in 4 - 5 other peer
jurisdictions as they relate to proposed amendment items, consistency issues
noted in Task 113, and other residential development concepts including, but not
limited to: residential design standards, innovative planned unit development,
binding site plan, non-conforming regulations, concurrency, and "form-based"
zoning provisions. Prepare a "jurisdiction comparison" matrix that summarizes
this review and compares Auburn's approach to that of other similar
communities.
F. Conduct a workshop with staff steering committee, which will include
representatives from planning, building, public works, code enforcement, the
Mayor, or other staff as determined appropriate, to present Consultant's review
findings and recommendations developed in Subtasks 1A through 1E. The
workshop will serve as a collaborative work session to provide the Consultant
with staff steering committee input and direction for refinement of proposed
amendments. Consultant to prepare a summary of issues, discussion, and
decisions resulting from the workshop.
F.G_,Develop a matrix of findings, recommendations, and proposed amendments
that incorporates the results of the workshop conducted in Task 1F. The
Consultant shall ensure that proposed code amendments are consistent with the
Growth Management Act and other applicable state planning and regulatory
requirements.
H. Present findings, recommendations, and proposed code amendments to staff
steering committee, which will include representatives from planning, building,
public works, code enforcement, the Mayor, or other staff as determined
appropriate.
1. Establish and facilitate a Development Community Advisory Committee. The
committee members will be selected by the City and are expected to include
architects, engineers, developers, real estate brokers, home builders, and others
who regularly work with the City's development regulations and design
standards. The advisory committee will meet as required to review findings,
recommendations, and proposed code amendments and provide input. It is
anticipated that up to three meetings of this group would be held for Phase 1 of
this scope of work.
Products
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 13 of 22
The Consultant shall deliver the following work products to the City for Task 1:
• Consistency report (Tasks 1B/1C)
• Jurisdiction comparison matrix (Task 1E) that compares Auburn's approach to that of
other similar communities and the nature of recommended code/design standard
changes;
• Residential zoning/design standards workshop summary document (Task 1F) that
summarizes issues, discussion, and decisions resulting from the workshop;
• Matrix of findings, recommendations, and proposed amendments (Task 1G); and
• Memorandums as required documenting discussions of residential zoning and design
standard issues with City staff and input from Development Community Advisory
Committee (Tasks 1A-1I).
Task 2: Public Review
A. Based on outcome of Task 1, prepare preliminary code and design standard
amendments.
A-.B._............ Present recommendations to staff steering committee for input and revision.
A.C._ .Present revised recommendations to Planning Commission and Council
Committees in briefings and/or workshops.
A.D. _ Assist in the preparation of SEPA checklist to support proposed code changes.
A..E,._______ Assist in preparing materials for City of Auburn website.
A:F_Conduct a minimum of two public open houses/workshops to present and
discuss proposed amendments and obtain input and review feedback from city
residents and customers.
A-.G. ---Assist in preparing submittals to State agencies and in preparing responses to
State agency comments.
Products
The Consultant shall deliver the following work products to the City for Task 2:
• Preliminary public review drafts (including 60-day state review) of proposed
amendments to Auburn City Code and Design Standards (Task 2A);
• Revised public review drafts of proposed amendments to Auburn City Code and
Design Standards (Task 2C);
• SEPA checklist (Task 2D);
• Materials for website (Task 2E);
• Exhibits for public meetings (Task 2F) - City will assist in printing materials; and
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 14 of 22
• Summary of public and agency comments and associated responses (Task 2F).
Task 3: Adoption of Amendments to Development Code
A. Prepare adoption package and present to Public Works and Planning &
Community Development Council Committees.
Incorporate Committee revisions/comments and present to Planning
Commission at a regularly scheduled meeting or study session as determined
appropriate.
A:C. --Attend Planning Commission Public Hearing to present for consideration and
recommendation for adoption to City Council.
:D............ _Incorporate Planning Commission/public hearing revisions as necessary in the
adoption package, prepare a revised adoption package, and present to Public
Works and Planning & Community Development Council Committees.
AGE, --.-Bring back in Ordinance form any additional changes to Council Committees
as informational agenda item. Staff will assist with preparation of an Ordinance
for final approval.
A.F.Take Ordinance to full Council as recommended by Planning and Community
Development and Public Works Committees for final adoption by the full City
Council.
Products
The Consultant shall deliver the following work products to the City for Task 3:
• Adoption package for review and consideration by City Council Committees and
Planning Commission (Tasks 3A-3C);
• Presentation materials for public hearings (Task 3C) - City will assist in printing
materials;
• Revised adoption package including Planning Commission recommendation and draft
adoption ordinance for full City Council consideration (Tasks 3D-3E);
• Final adopted version of amendments in hard copy and electronic format (Task 3F).
Phase Two Remaining Development Regulations and Design Standards
Task 4. Review, Evaluation, and Recommendations
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 15 of 22
A. Review existing City of Auburn land use planning documents and development
regulations including, but not limited to, the City of Auburn Comprehensive Plan,
the Auburn Project Review Regulations (Title 14 ACC), the Auburn
Comprehensive Zoning Ordinance (Title 18 ACC), the Auburn Land Division
Ordinance (Title 17 ACC), and the City of Auburn Design Standards. City staff to
identify which documents have recently been updated to assist in prioritizing the
Consultant's work efforts.
B. Evaluate the City's current zoning and land division codes not addressed under
Phase 1 of this scope of work for internal consistency, consistency with the
Growth Management Act and other state planning and development statutes and
regulations. Prepare a written summary of any consistency issues noted
(Consistency Report).
C. Evaluate other City design standards not addressed under Phase 1 (water, sewer,
utilities, etc.) as they relate to the City's zoning code and subdivision regulations.
Evaluate all design standards not addressed under Phase 1 for internal
consistency and consistency with the City of Auburn Comprehensive Plan and the
plans, policies and standards referenced therein (i.e. Comprehensive Drainage
Plan, Comprehensive Water Plan, Comprehensive Sanitary Sewer Plan,
Comprehensive Transportation Plan, etc). Include a written summary of any
consistency issues noted in the Consistency Report prepared under Task 4B.
D. Review the list of proposed code and design standard amendment items
identified by the City Council's Planning and Community Development and Public
Works Committees, and City staff, and the summary of issues and potential code
improvement items identified by the two development community focus groups
conducted in January 2008.
E. Review and evaluate zoning codes and design standards used in 4 - 5 other peer
jurisdictions as they relate to proposed amendment items, consistency issues
noted in Task 413, and other development concepts addressed under task 1E.
Prepare a "jurisdiction comparison" matrix that summarizes this review and
compares Auburn's approach to that of other similar communities.
F. Conduct a workshop with staff steering committee, which will include
representatives from planning, building, public works, code enforcement, the
Mayor, or other staff as determined appropriate, to present Consultant's review
findings and recommendations developed in Subtasks 4A through 4E. The
workshop will serve as a collaborative work session to provide the Consultant
with staff steering committee input and direction for refinement of proposed code
amendments. Consultant to prepare a summary of issues, discussion, and
decisions resulting from the workshop.
F-.G. --Develop a matrix of findings, recommendations, and proposed code
amendments that incorporates the results of the Zoning Review workshop
conducted in Task 4F. The Consultant shall ensure that proposed code
amendments are consistent with the Growth Management Act and other
applicable state planning and regulatory requirements.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 16 of 22
F:H. Present findings, recommendations, and proposed code amendments to staff
steering committee, which will include representatives from planning, building,
public works, code enforcement, the Mayor, or other staff as determined
appropriate.
F._I_._Facilitate the development community advisory committee established under
Task 1I to review findings, recommendations, and proposed code amendments
and provide their input for this Phase of work. It is anticipated that up to three
meetings of this group would be held for Phase 2 of this scope of work.
Products
The Consultant shall deliver the following work products to the City for Task 4:
• Consistency report (Tasks 4B/4C)
• Jurisdiction comparison matrix (Task 4E) that compares Auburn's approach to that of
other similar communities and the nature of recommended code/design standard
changes;
• Steering Committee review workshop summary document (Task 4F) that
summarizes issues, discussion, and decisions resulting from the workshop;
• Matrix of findings, recommendations, and proposed amendments (Task 4G); and
• Memorandums as required documenting discussions of residential zoning and design
standard issues with City staff and input from Development Community Advisory
Committee (Tasks 4A-4I).
Task 5: Public Review
A. Based on outcome of Phase One, prepare preliminary code and
design/construction standard amendments.
B. Present recommendations to staff steering committee for input and revision.
Present revised recommendations to Planning Commission and Council
Committees in briefings and/or workshops.
6..D..__ __Assist in the preparation of SEPA checklist to support proposed code changes.
BEN _Assist in preparing materials for City of Auburn website.
;.F._..._.Conduct a minimum of two public open houses/workshops to present and
discuss proposed amendments and obtain input and review feedback from city
residents and customers.
8-;-G.-, ----,.Assist in preparing submittals to State agencies and in preparing responses to
State agency comments.
Products
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 17 of 22
The Consultant shall deliver the following work products to the City for Task 56:
• Preliminary public review drafts (including 60-day state review) of proposed
amendments to Auburn City Code and Design Standards (Task 5A);
• Revised public review drafts of proposed amendments to Auburn City Code and
Design Standards (Task 5C);
• SEPA checklist (Task 5D);
• Materials for website (Task 5E);
• Exhibits for public meetings (Task 5F) - City can assist in printing materials: and
• Summary of public and agency comments and associated responses (Task 5F).
Task 6: Adoption of Amendments to Development Code
A. Prepare adoption package and present to Public Works and Planning &
Community Development Council Committees.
B. Incorporate Committee revisions/comments and present to Planning Commission
at a regularly scheduled meeting or study session as determined appropriate.
_..C. Attend Planning Commission Public Hearing to present for consideration and
recommendation for adoption to City Council.
B;:q._.ncorporate Planning Commission/public hearing revisions as necessary in the
adoption package, prepare a revised adoption package, and present to Public
Works and Planning & Community Development Council Committees.
B-; E. Bring back in Ordinance form any additional changes to Council Committees
as informational agenda item. Staff will assist with preparation of an Ordinance
for final approval.
B-.-F..........-Take Ordinance to full Council as recommended by Planning Community
Development Committee for final adoption by the full City Council.
Products
The Consultant shall deliver the following work products to the City for Task 6:
• Adoption package for review and consideration by City Council Committees and
Planning Commission (Tasks 6A-6C);
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 18 of 22
• Presentation materials for public hearings (Task 6C) - City will assist in printing
materials;
• Revised adoption package including Planning Commission recommendation and draft
adoption ordinance for full City Council consideration (Tasks 6D-6E);
Final adopted version of amendments in hard copy and electronic format (Task 6F).
Exhibit B - Project Schedule
Task Milestone Schedule
Task 1: Start September 15, 2008; complete December 15, 2008.
Task 2: Start November 15, 2008; complete February 15, 2009.
Task 3: Start January 15, 2009; complete March 15, 2009.
Task 4: Start March 1, 2009; complete May 15, 2009.
Task 5: Start April 15, 2009; complete July 15, 2009.
Task 6: Start July 1, 2009; complete September 15, 2009
Detailed Schedule
Upon receiving a Notice To Proceed with work under this agreement, the CONSULTANT shall
develop and provide the CITY with a detailed project schedule in Microsoft Project format.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 19 of 22
Exhibit C - Project Budget
BHC Consultants, LLC
Labor: $155,500
Expenses: $ 7,500
Subconsultant - Roth Hill Engineering Partners
Labor: $ 10,400
Expenses: $ 1,600
Total $175,000
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 20 of 22
EXHIBIT D
CONSULTANT INVOICES
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 151n
• For grant/special funded projects there might be other special information needed, reference
the LAG manual.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 21 of 22
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: 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 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90
Consultant Expenses Subtotal $ 72.49
Consultant Total:
$ 821.49
SUB CONSULTANTS (see attached documentation)
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
$ 2,860,00
$ 3,681.49
CONTRACT BREAKDOWN
Task Amount
Authorized
Prior Invoiced
This Invoice Total Invoiced
To Date %
Expended %
Completed Amount
Remaining
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 1110101 for Mechanical Engineer task in the
amount of $2,000.00.
Resolution No. 4376 Exhibit A
Agreement for Professional Services AG-C-338
August 20, 2008 Page 22 of 22