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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