Loading...
HomeMy WebLinkAbout4422 RESOLUTION NO. 4422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN AND SOUNDVIEW CONSULTANTS, LLC FOR WETLAND MITIGATION PERMITTING WHEREAS, the City Council of the City of Auburn has previously authorized Agreement AG-C-320 to assist in wetland mitigation permitting and development for the Mohawk Northern Plastics mitigation at Goedeke South; and WHEREAS, the permitting process is not yet complete for this project, but all the funds allocated under Agreement AG-C-320 have been expended; and WHEREAS, the City of Auburn Planning Department would like to retain the services of the project biologist originally assigned to this project under Agreement AG-C-320; and WHEREAS, it is in the public interest for the parties to enter into an agreement for completion of the wetland mitigation permitting with due expediency, in order to complete the City's obligations for permitting and move on to wetland construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and Resolution No. 4422 November 24, 2008 Page 1 of 2 Soundview Consultants, LLC, for professional environmental permitting services, in substantial conformity with the agreement attached hereto and designated as Exhibit "A". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2008. CITY OF UR ~ ~ PET B. LEWIS MAYOR ATTEST: ~ D ielle E. Daskam, City Clerk AP VED A FORM: n' I B. He , Resolution No. 4422 November 24, 2008 Page 2 of 2 P AGREEMENT FOR PROFESSIONAL SERVICES AG-C-346 THIS AGREEMENT made and entered into by and befinreen the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and Soundview Consultants LLC, whose address is 7127 87th Avenue NW, Gig Harbor, WA 98335, 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 May 31, 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. 3. COMPENSATION. Compensation will be on a time and material basis, not to exceed $9,050.00 Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 2008 Page 1 of 11 r 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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 Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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 Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 2008 Page 7 of 11 R 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 rnay 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 befinreen the parties while this Agreement is in effect, the CONSULTANT agrees that, nofinrithstanding 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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 befinreen 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 Jeremy Downs 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 Soundview Consultants, LLC Attn: Jeff Dixon Attn: Jeremy Downs 25 West Main Street 7127 87th Avenue NW Auburn, WA 98001- 4998 Gig Harbor, WA 98335 Phone: 253.804.5033 Phone: 253.514.8952 Fax: 253. 804.3114 Fax: 253.514.8954 E-mail: jdixon(a~auburnwa.qov E-mail: leremy(c~soundviewconsultants.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 Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 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. Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 2008 Page 10 of 11 S  CI ~ ~ Peter B Lewis, Mayor Date pFc -1 2008 ATTEST: Danielle E. Daskam, City Clerk APP D AS TO FORM: - . i , Ci rn y Soundview Consultants LLC BY: • g: ~ Federal Tax ID # Exhibit "A", Resolution No. 4422 Agreement for Professional Services - Mohawk Plastics Ongoing Wetland Fill Violation Resolution November 24, 2008 Page 11 of 11 EXHIBIT A SCOPE OF WORK Jeremy Downs 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 substantial Federal Clean Water Act violation. Jeremy Downs successfully worked with the Client, US Army Corps of Engineers (Corps) and Washington Department of Ecology (Ecology) to negotiate a favorable resolution for the violation and continued with administration and preparation of the original permitting efforts under the original Agreement for Professional Services. In coordination with the Client and Corps, full application packages were prepared and submitted for an after-the-fact CWA Section 404 Individual Permit and CWA Section 401 Certification. The Corps has completed Public Notice procedures and the rigarous CWA Section 404(b)(1) alternatives process in favor of the project as proposed, and will be moving into the next phase of the Individual Permit process. The violation and after-the-fact permit must be fully resolved before Mohawk may proceed with construction of their facility. Outstanding permitting efforts include ongoing support of National Environmental Policy Act (NEPA) compliance, Endangered Species Act (ESA) Section 7 consultation, National NHPA Section 106 coordination, Coastal Zone Management (CZM) Consistency, and mitigation planning efforts. In order to successfully complete these processes in a timely and favorable manner, careful and consistent coordination and negotiation with the Client, various project consultants, Corps, Ecology, and other State and Federal agencies are necessary. Under this Amendment, Soundview Consultants LLC (Consultant) will provide violation resolution, permitting support, and project management with Jeremy Downs continuing to act as the permitting Agent for the Mohawk project. The anticipated level of effort necessary for this phase of the project is an average 4 hours per week of agency coordination and correspondence and an additional 1 hour per week of careful Client coordination and correspondence for an approximate duration of 4 additional months with a small budget for direct expenses such as mileage and materials as necessary. Soundview Consultants LLC billing rates for this agreement are as follows: Staff Rate Jeremy Downs $ 95.00 Project Manager $ 85.00 Staff Biologist $ 75.00 CAD Technician $ 65.00 Project Administration $ 65.00 Courier & Administration $ 48.00 Mileage $ 0.60 Cost Estimate This cost estimate is based on the assumption that Soundview Consultants LLC 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, and that State and Federal agencies will continue to work favorably with the City to process the after-the-fact permit and all necessary Exhibit A Agreement No. AG-C-346 Page 1 of 2 reviews and consultations in a timely manner according to the proposed plans and application materials. This is to be a Time and Materials contract based upon the billing rates and time limitations provided above according to the level of effort described. For the purposes of initiating the Project, the task will be charged for time and materials up to (but not to exceed) $9,050.00. If additional funds are necessary, due to circumstances beyond the control of the Consultant the task costs would not be exceeded without a change order signed by Soundview Consultants LLC and the Client. Exhibit A Agreement No. AG-C-346 Page 2 of 2 EXHIBIT B DIRECT NON-SALARY REIMBURSABLE EXPENSES • Reproduction Fees • Communication Fees • Mileage at $0.600/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 B Agreement No. AG-C-346 Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proofl along with type of work done (i.e.: design, Right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15tn • For grant/special funded projects there might be other special information needed, reference the LAG manual. ~ Consultant Invoices Agreement No. AG-C-346 Page 1 of 2 • _~y ~ SAMPLE INVOICE City of Auburn Invoice 5222 25 West Main Progress Payment 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement AG-C-010 Project PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourl Rate Amount Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processin 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Ex enses see attached documentation Char es Multi lier Amount Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90 Consultant Ex enses Subtotal $ 72.49 Consultant Total: . $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourl Rate Amount ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00 Electrical Consultin , Electrical En ineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00 Movin Com an , Movin Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multi lier $ 2,860.00 Subconsultant Total: $ 2,860,00 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Amount Totallnvoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Ex ended Com leted Remainin Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 M R F* 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. Consultant Invoices Agreement No. AG-C-346 Page 2 of 2