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HomeMy WebLinkAboutBrown & Caldwell AG-C-385 and Notice to Proceed~ CITY OF * * B U~:N AU* - WASHINGTON April 19, 2010 Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Agreement No. AG-C-385 Stormwater Management Strategies/Design Concepts Contract Execution Dear Mr. Milne: , , ,~J)~ ~ . s 4 J Y Enclos2d please find an executed copy of the above-referenced Agreement. For the City's tracking and record keeping purposes, please reference AG-C-385 on all correspondence and related material. We must receive the certificate(s) of insurance, evidencing your insurance coverage as required per Section 8 before we can issue a Notice to Proceed. Please send the certificate(s) to JoAnne Andersen, Contracts Administration Specialist, at the address listed at the top of this letterhead. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-5062. Sincerely, ~ Fa2 Dan Repp P. E. Utilities Engineer Public Works Department DR/ja/hm Enclosure cc: Dani Daskam, City Clerk AG-C-385 AUBURN * MORE THAN YOU IMAGINED 2010 AGREEMENT FOR PROFESSIONAL SERVICES AG-C- 385 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 BROWN AND CALDWELL, a corporation whose address is 701 Pike Street, Suite 1200, Seattle, WA 98101, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. The CONSULTANT shall provide engineering and technical services to help the CITY develop stormwater management strategies and design concepts for new development and redevelopment projects in the CITY's downtown area. This effort shall be in accordance with the Scope of Work incorporated herein as Exhibit A. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2012. 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. Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 1 of 11 3. COMPENSATION. Compensation wili be on a time and materiai basis, not to exceed $25,000.00. A Fee Schedule for anticipated tasks is incorporated in to this Agreement as Exhibit B. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in Exhibit B, Fee Schedule, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, said invoice to be in essentially the form set forth in Exhibit C, attached hereto and incorporated by reference, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement. 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. Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 2 of 11 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 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. 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. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, authorized volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, to the extent 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 emptoyee of the CITY and that no liability shall attach to Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 3 of 11 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: 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 liabitity 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 Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 4 of 11 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 general and automobile insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY 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 regular 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 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 Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 5 of 11 complete, certified copies of all required insurance policies except for any proprietary endorsements 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 or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 6 of 11 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; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 7 of 11 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 shafl be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 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 Cnunty, 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 Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 8 of 11 cooperate and continue work toward successful comptetion 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 alt costs of enforcement including reasonable attorneys 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 shatl remain in force and effect. 13.9. This Agreement shall be administered by Mike Milne on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Attn: Dan Repp 25 W Main Street Auburn, WA 98001 Phone: 253-804-5062 Fax: 253-931-3053 E-mail: drepp@auburnwa.qov Brown and Caldwell Attn: Mike Milne 701 Pike Street, Suite 1200 Seattle, WA 98101 Phone: 206-749-2284 Fax: 206-749-2200 E-mail: mmilne@brwncald.com Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 9 of 11 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. Agreement for Professional Services AG-C-385 April12, 2010 Page 10 of 11 CITY OF AUBURN Peter B. Lewis, Mayor Date APR 16 2010 ATTEST: Daniel e E. askam; ity Clerk APPROVED AS TO FORM: Daniel B. eid, City Attorney BROWN AND CALDWELL BY: ~ Title: Federal Tax ID # Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 11 of 11 EXHIBIT A SCOPE OF WORK INITIAL ASSISTANCE FOR CITY PLAZA AND PROMENADE STORMWATER MANAGEMENT The City of Auburn (City) is covered by the Western Washington Phase II Municipal Stormwater Permit (Permit). The Permit required the City to adopt more stringent controls on runoff from new development, redevelopment, and construction sites. To comply with this Permit requirement, in 2009, the City revised its stormwater management regulations and adopted a new stormwater management manual that the state has deemed equivalent to the Western Washington Stormwater Management Manual. The City would like to encourage redevelopment of its downtown area. Redevelopment projects will be subject to the applicable requirements of the City's 2009 stormwater regulations. The new regulations generally require larger and more expensive stormwater management measures than would have been required under the previous regulations. The City is concerned that the new stormwater regulations could deter redevelopment of the downtown areas due to space and/or financial constraints. The City asked Brown and Caldwell (BC) to provide stormwater management support services for three components of the City's redevelopment initiative, as outlined below. • City Hall Plaza Stormwater Management. Prepare basis of design report (i.e., design criteria). • Promenade Stormwater Management. Identify flow control and water quality treatment methods needed for the project to meet the current requirements. Investigate feasibility of using City right-of-way (ROW) for stormwater management facilities. Prepare basis of design report including design criteria and standard details. Downtown Stormwater Management. Develop stormwater management strategies including design criteria for development and redevelopment projects to meet City stormwater requirements. Evaluate possible flow control exemptions. Research urban stormwater treatment and flow control methods and develop a suite applicable to Auburn. Methods could include use of City ROW. Develop design standards, details, and drawings to guide development and redevelopment projects. Investigate potential for regional treatment and flow control facilities. Agreement for Professional Services AG-C-385 Aprill2, 2010 Page 1 of 2 This Scope of Work (SOW) provides for BC to begin work on the City Hall Plaza and the Promenade components. The detailed scope and budget for the Downtown Stormwater Management portion of the project will be developed as the initial work proceeds. Revised project scope and budget will be incorporated using normal contract amendment procedures as defined in this agreement. Task 1. Plaza Stormwater Management - Initial Evaluation The City will provide BC with the available information on the City Hall Plaza design concept and site conditions relevant to stormwater management (e.g., soils, depth to groundwater, utilities). BC will review this information and identify the applicable requirements of the new stormwater regulations. We witl then meet with the City to discuss our initial findings and determine the additional stormwater management support needed to design the Plaza. BC will then prepare a detailed scope and cost estimate for the requisite work. Task 2. Promenade Stormwater Management - Initial Evaluation The City will provide BC with the available information on the Promenade design concept and site conditions relevant to stormwater management (e.g., soils, depth to groundwater, utilities). BC will review this information and identify the applicable requirements of the new stormwater regulations. We will then meet with the City to discuss our initial findings and determine the additional stormwater management support needed to allow design and construction of the Promenade. BC will then prepare a detailed scope and cost estimate for the requisite work. Task 3. Project Management - Initial Evaluation The BC project manager will manage technical staff, budget, and project schedule, and communicate weekly with the City project manager regarding project status. The BC project manager will also ensure quality control is performed throughout project activities and will review and submit monthly invoices and project status reports. Agreement for Professional Services AG-C-385 Apri112, 2010 Page 2 of 2 EXHIBIT B COST SCHEDULE INITIAL ASSISTANCE FOR CITY PLAZA AND PROMENADE STORMWATER MANAGEMENT The budget estimate is outlined below. , D- • • 1 Plaza Stormwater M t. - Initial Evaluation • $11,000 2 Promenade Stormwater M t. - Initial Evaluation $11,000 3 Pro'ect Mana ement $3,000 Total $25,000 Agreement for Professional Services AG-C-385 April12, 2010 EXHIBIT C 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 during the billing period 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). • Invoices for previous year are due by January 15'h Agreement for Professional Services AG-C-385 Aprill2, 2010 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement AG-C-010 Invoice 5222 Progress Payment 2 Invoice Date: February 10, 2002 Project Name: Thomas Nelson Farm Project PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours 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 Multiplier 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 Expenses Subtotal $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 821.49 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: TOTAL DUE THIS INVOICE BREAKDOWN $ 2,860.00 $ 3,681.49 CONTRACT 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 MRF" 2,500.00 0.00 1,000.00 1,0000.00 400/co 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 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. AMENDMENT #1 TO AGREEMENT NO. AG-C-385 BETWEEN THE CITY OF AUBURN AND BRWON & CALDWELL RELATING TO STORMWATER STRATEGIES AND DESIGN CONCEPTS THIS AMENDMENT is made and entered into this 190? day of , 2010, by and between the CITY OF AUBURN, a municipal corporation of the St to of Washington (hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-385 executed on the 16th day of April 2010 The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2011. 2. SCOPE OF WORK: See Exhibit A, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $99.971.00. The total contract amount is increased to a total of $124,971.00. See Exhibit B Cost Schedule. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BROWZAN ALD WELL CITY OF A By: Authoriz signature Peter . Lewis, Mayor ATTEST (Optional): ATTEST`_ By: Its: Danielle . Daskam, Auburn City Clerk Approved as to form (Optional): Appr as t rm Attorney for (Other Party) bqpel B. Hei burn Ci tto Amendment No. 1 for Agreement No. AG-C-385 Brown & Caldwell Page 1 of 1 EXHIBIT A SCOPE OF WORK STORMWATER MANAGEMENT FOR HIGHLY URBANIZED AREAS The City of Auburn (CITY) is covered by the Western Washington NPDES Phase II Municipal Stormwater Permit (Permit}. The Permit required the CITY to adopt more stringent controls on runoff from new development, redevelopment, and construction sites. To comply with this Permit requirement, in 2009, the CITY revised its stormwater management regulations and adopted a new stormwater management manual that the state has deemed equivalent to the Western Washington Stormwater Management Manual (WWHM). The CITY's new stormwater management manual contains stormwater design standards for the construction of stormwater management facilities that meet the flow control and water quality treatment requirements described in the Permit. The Cl TY asked Brown and Caldwell (CONSULTANT) to evaluate stormwater management strategies that would allow for cost-feasible development and re- development projects while still meeting the stormwater regulatory requirements.. Problem Statement The CITY is seeking an effective way to implement NPDES Stormwater requirements in highly urbanized areas of the city of Auburn. The new regulations generally require larger and more expensive stormwater management measures than would have been required under the previous regulations, and the CITY is concerned that these increased costs could deter redevelopment in the city. The land area necessary to meet flow control and water quality treatment requirements is not available and therefore application of current stormwater management practices is cost prohibitive and often not feasible. Objectives This project has several objectives as follows. • Define highly urbanized areas in the city. • Identify methods and processes for implementing NPDES Phase II Stormwater Permit requirements within highly urbanized areas of the city. • Evaluate the possibility of using a basin-specific approach. to meet NPDES permit requirements. • Develop policies and design standards needed for the CITY to guide development and redevelopment in highly urbanized areas. • Evaluate the use of regional stormwater management facilities to serve highly urbanized basins. • Evaluate the use of and/or the use of low impact development techniques in public Right of Way in highly urbanized areas. AG-C-385, A-1, Exhibit A Page 1 of 7 CONSULTANT will work with the CITY.to delineate "highly urbanized" areas based on the criteria developed in Task 1. CONSULTANT will use existing data to map, soil types, groundwater levels, surface water drainage features, and stormwater infrastructure for those areas. CONSULTANT will then.map a'future land use condition based on the CITY's`Comprehensive Plan and discussions. With CITY planning'staff. Given this potential'future condition; CONSULTANT will work with CITY staff to develop several hypothetical future development/redevelopment scenarios (econventional site development, development with LID features). These scenarios will, be used in Subtask 2.2 to estimate stormwater management requirements. Assumptions: ® This evaluation will be based on available information; no new data will be collected. • Analyses will be based on. mapping; no modeling will be conducted as part of this subtask. • No new field investigations or surveys will be conducted as part of this subtask. Deliverables: • Summary maps will be developed for use in a meeting with the CITY (see Subtask 2.3). Subtask 2.2 Stormwater Management Requirements under New Regulations CONSULTANT will use the results for Subtask 2.1 to estimate.the stormwater management requirements for the redevelopment of highly urbanized, areas under the new regulations. We will also summarize the potential avenues for adjusting the stormwater management requirements. criteria based-on local conditions. CONSULTANT will use WVVHM to evaluate each of the scenarios from Subtask 2.1 and estimate. the total water quality and flow control requirements under the new regulations. CONSULTANT will. then, develop roughcost estimates for meeting these requirements using .on-site mitigation techniques (e.g detention vaults, rain gardens, pervious pavement, etc.). CONSULTANT will prepare a summary matrix. listing tfie areal°and volumetric, requirements, along with rough cost'estimates. To put these values into perspective, the matrix may include estimates divided.out per unit area of development. Assumptions: ® CONSULTANT will use WWHM to estimate stormwater management requirements for three (3) development scenarios. ® Costs will;be approximated using per-unit-volume or per-unit-area estimates for typical on-site sto.rmwater facilities. ® CONSULTANT will identify 'regulatory options as part of this task; however, those alternatives will be evaluated further in subsequent tasks. Deliverables: ® A summary matrix of requirements and relative costs will be developed for use in a meeting with the CITY (see Subtask 2.3). AG-C-385; A-1, Exhibit A Page 3 of 7 Preliminary tasks and timeframe: Based on our research and discussions with Ecology, we will outline a set of preliminary tasks and a time frame for developing basin-specific criteria. ■ Meet with CITY Attorney's Office: CONSULTANT will conduct a meeting with the CITY attorney to explain our findings and the potential for pursuing basin-specific criteria. The purpose of this meeting is to provide the CITY Attorney's office with information to help the CITY evaluate the risks involved with pursuing the basin-specific criteria alternative. Assumptions: • CONSULTANT will conduct up to two (2) meetings with Ecology. Two (2) members of the CONSULTANT team will meet with the CITY Attorney. Deliverables: • Results from this subtask will be summarized for use in a workshop with the CITY (see Subtask 3.4). Subtask 3.2 Assess Feasibility of Regional Facilities Regional stormwater facilities might be a feasible alternative to on-site stormwater controls for portions of the highly urbanized area. For example, the CITY has identified. a property adjacent to the BNSF railroad that could potentially be used for storage and treatment of stormwater. CONSULTANT will work with CITY staff to identify sites for that could potentially be available for regional stormwater control facilities. CONSULTANT will identify potential constraints at each site and estimate potential stormwater management capacities (e.g., flow rates, areas, and volumes). This will largely be a mapping exercise, but could include some brief site visits. CONSULTANT will develop rough cost estimates for constructing regional stormwater management facilities at each of the identified sites. These costs will be based on per- unit-volume or per-unit-area estimates, similar to what was done in Subtask 2.2. However, additional considerations will be made for efficiencies and cost savings gained through the use of large regional stormwater facilities, as opposed to smaller on- site facilities. Assumptions: • Up to three (3) members of the CONSULTANT team will spend up to one (1) day in the field observing potential sites for regional stormwater control facilities. For budgeting purposes, it was assumed that up to six (6) sites would be evaluated. • Cost estimates will be approximated using per-unit-volume or per-unit-area estimates for typical stormwater facilities, with consideration for efficiencies gained by building larger facilities. • Access to all sites will be provided by the CITY. Deliverables: AG-C-385, A-1, ExhibitA Page 5 of 7 CONSULTANT will also prepare a presentation for the CITY containing the key findings and summary recommendations for implementing the preferred course of action. Assumptions: • Up to three (3) members of the CONSULTANT team will be available at the presentation for the CITY. • The summary letter will be submitted in hard copy and digital formats. Deliverables: Summary letter with recommendations and attached summary materials from each of the subtasks. • Presentation materials. Task 5. Project Management The CONSULTANT project manager will manage technical staff, budget, and project schedule, and communicate weekly with the CITY project manager regarding project status. The CONSULTANT project manager will also ensure quality control is performed throughout project activities and will review and submit monthly invoices and project status reports. Assumptions: • CONSULTANT will conduct telephone calls and project management meetings with .the CITY as needed. • Total project duration is assumed to be twelve (12) months or less. Deliverables: • Project schedule in the form of a Gantt chart with key activities and milestones. Monthly progress reports and invoices. PHASE 2 - POLICIES AND DESIGN STANDARDS (OPTIONAL) Given the outcomes from Phase 1, Phase 2 will advance the preferred course of action as outlined the summary recommendations from Task 4. For example, if the preferred alternative from Phase 1 is to pursue basin-specific criteria for stormwater management, then Phase 2 would include hydrologic and geomorphic studies to develop peak flow and flow duration criteria that are appropriate for Auburn's Mill Creek and Green River receiving waters. A detailed scope and cost estimate for the Phase 2 work cannot be developed until the preferred course of action has been identified. Furthermore, investigations and discussions conducted in Phase 1 will help determine the requirements and level of effort needed to pursue the selected alternative. Therefore, Phase 2 will be reserved as optional follow-on work AG-C-385, A-1, ExhibitA Page 7 of 7 EXHIBIT B COST SCHEDULE STORMWATER MANAGEMENT FOR HIGHLY URBANIZED AREAS • • 1A7-)Z5;itTTT1 5M 7r S $215 $145 $200 $200 $109 $108 $91 $88 $77 001 Project Kickoff 4 11 0 0 0 8 0 0 0 23 3,315 100 0 100 100 3,415 002 Eval SW Mgmt Under Current Regs 6 25 0 12 24 24 0 0 0 91 12,508 100 7,600 7,700 7,928 20,436 001 Characterize Future & Existing Cond 0 8 0 0 0 24 0 0 32 3,749 0 0 0 0 3,749 002 Stormwater Management Requirements 2 8 0 12 24 0 0 0 0 46 6,597 100 7,000 7,100 7,310 13,907 003 Meeting - 4 9 0 0 0 0 0 0 0 13 2,162 0 600 60n 618 2,780 003 Eva[ SW Mgmt Alternatives 50 46 16 20 18 68 4 4 0 226 34,601 200 9,700 9,900 10,191 44,792 001 Potential Basin-Specific Criteria 35 6 14 0 10 0 0 0 0 65 12.265 0 0 0 0 12,265 002 Feasibility of Rogional Facilnos 0 8 0 20 0 60 0 0 0 88 11:634 100 5,600 5,700 5.868 17,502 003 LID in Right-of-way 0 4 0 0 8 8 0 0 0 20 2,313 0 3,000 3,100 3,190 5,503 004 Alternatives Workshop 15 28 2 0 0 0 4 4 0 53 8.390 100 1,100 1,100 1,133 9,523 004 Summary and Recommendations 25 40 6 0 8 8 8 12 0 107 15,873 0 2,800 2,800 2,884 18,757 005 Project Management 16 42 0 0 0 0 20 0 16 94 12,570 0 0 0 0 12,570 GRAND TOTAL 101 164 22 32 50 108 32 16 16 541 78,868 400 20,100 20,500 21,103 99,971 Hours and Dollars are rounded to nearest whole number. AMENDMENT #4 TO AGREEMENT NO AG-C-385 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORMWATER STRATEGIES AND DESIGN CONCEPTS THIS AMENDMENT is made and entered into this day of LAC , 2012, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Brown and Caldwell (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG-C-385 executed on the 16th day of April, 2010, and amended by agreements dated the 30th day of September, 2010, the 1 g`h day of December, 2011 and the 30th day of May, 2012 The changes to the agreement are described as follows: 1 CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2013. 2. SCOPE OF WORK. There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BROWN AND CALDWELL C OF A By:-,n AuthoriAld signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appr as form Attorney for (Other Party) Wriliel B. Hei uburn Ci Attorney ----------- ---------------------------------- Amendment No. 4 for Agreement No. AG-C-385 Brown & Caldwell Page 1 of 1 AMENDMENT #5 TO AGREEMENT NO. AG-C-385 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORMWATER STRATEGIES & DESIGN CONCEPTS THIS AMENDMENT is made and entered into this( day of /L /LU- , 2013, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-385 executed on the 16th day of April, 2010; amended by agreement dated the 30th day of September 2010; amended by agreement dated the 19th day of December 2011; amended by agreement dated the 30th day of May 2012 and amended by agreement the 5th day of December 2012. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2014. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have e ecuted this Agreement as of the day and year first above written. BROWN D ALDWELL CI Y • By- Authorize signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: )� Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Attorney for (Other Party) Daniel B. Heid, Auburn City Attorney Amendment No. 5 for Agreement No. AG-C-385 Brown &Caldwell Page 1 of 1 AMENDMENT #6 TO AGREEMENT NO. AG -C -385 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORMWATER STRATEGIES & DESIGN CONCEPTS THIS AMENDMENT is made and entered into this day of ' , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY'). and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010; amended by agreement dated the 30th day of . September, 2010; amended by agreement dated the 1 g1 day of December, 2011; amended by agreement dated the 30'h day of May, 2012; amended by aq�reement dated. the 5U' day of December, 2012 and amended by agreement dated the 26` day of December, 2013. The changes to the agreement are described as follows 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2015. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BROWN & CALDWELL CITY OF AUBURN By: Authorized sign r4ancy Ba s Mayor ATTEST (Optional): ATTEST: By. Its. Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appro ed as to rm:�/ Attorney for (Other Party) Daniel B. Hei , Auburn City Attorney Amendment No. 6 for Agreement No. AG -C -385 Brown & Caldwell Paae 1 of 1 CITY OF .,... I - A TU Nancy Backus, Mayor WASHINGTON 25 West Main Street* Auburn WA 98001- 4998 * www.auburnwa.gov * 253- 931 -3000 December 12. 2014 Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Amendment No. 6 to Agreement for Professional Services, AG -C -385 Stormwater Strategies & Design Concepts Dear Mr. Milne: Enclosed please find an executed copy of the above - referenced Amendment No. 6. This amendment is for a time extension only. This amendment extends the term of the agreement to December 31, 2015. For the City's tracking and record keeping purposes, please reference AG -C -385 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253 - 804 -5062. Sincerely, J=am Tim Carlaw Storm Drainage Engineer Community Development and Public Works Department TC /ja /mt Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG -C -385 AUBURN* MORE THAN YOU IMAGINED 1 3 1 & -9 AMENDMENT #6 TO AGREEMENT NO. AG -C -385 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORMWATER STRATEGIES & DESIGN CONCEPTS THIS AMENDMENT is made and entered into this S day of L60 � , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, (hereinafter referred to as the "CITY "), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010; amended by agreement dated the 301h day of September, 2010; amended by agreement dated the 1 g`h day of December, 2011; amended by agreement dated the 30`h day of May, 2012; amended by agreement dated the 5'h day of December, 2012 and amended by agreement dated the 26'h day of December, 2013. The changes to the agreement are described as follows 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2015. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BROWN & CALDWELL CITY OF AUBURN B' Authorized Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved s form: i Attorney for (Other Party) Daniel B. Heid, Auburn City Atto y_ Amendment No. 6 for Agreement No. AG -C -385 Brown & Caldwell Paoe 1 of 1 AMENDMENT #7 TO AGREEMENT NO. AG -C -385 BETWEEN THE CITY OF AUBURN AND BROWN & CALDWELL RELATING TO STORMWATER STRATEGIES & DESIGN CONCEPTS THIS AMENDMENT is made and entered into thisa3r/ day oc -.1611 , 2015, by and between the CITY OF AUBURN, a municipal corporation of the State of Washincfton (hereinafter referred to as the "CITY "), and BROWN & CALDWELL (hereinafter referred to as the "CONSULTANT "), as an Amendment to the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010; amended by agreement dated the 301" day of September, 2010; amended by agreement dated the 19'h day of December, 2011, amended by agreement dated the 301" day of May, 2012; amended by agreement dated the 5'" day of December, 2012; amended by agreement dated the 26'" day of December, 2013 and amended by agreement dated the 51" day of December, 2014. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the term of the Agreement. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: See Exhibit B, Fee Schedule, which is attached hereto, and by this reference made part of this Amendment. There is no change to the amount authorized in the original agreement or subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -385 executed on the 16th day of April 2010 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BROWN & CALDWELL CITY OF AUBURN By: f 1 Authorized gignature ncy Bac1T Mayor ATTEST (Optional): ATTEST By. L,cr: � f k 0 -� Its Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) Amendment No. 7 for Agreement No. AG -C -385 Brown & Caldwell Paqe 1 of 1 Approved as to form: Danniel T. Heid, Auburn City ttorney Brown AND Caldwell Brown and Caldwell City of Auburn Projects Summary Hourly Rate List 2/4/2015 EXHIBIT B NOTES Rate List setup with a multiplier of 3.3 Subconsultant markup of 3% No APC added green highlight denotes a capped rate Name Ales, Margaret Title Senior Engineer 2015 Hourly, Rate $ 130.12 Anderson, Steve Senior Vice President $ 231.00 Baker, Leslie Project Analyst III $ 89.03 Bard, Ronald Managing Engineer $ 241.99 Billing, Brandon Senior En ineer $ 131.27 Boyle, Courtney Senior Engineer $ 133.19 Breeden, Jessica Project Accountant II $ 81.31 Bucha, James Vice President $ 257.43 DeBoer, Matthew Senior Engineer $ 148.67 Dickerson, Jessica Project Analyst III $ 96.43 Diessner, Damon Managing Scientist $ 231.00 Doten, Colleen Senior Engineer $ 145.17 Draheim, Daniel Technical Writer $ 100.42 Fo ed, Nathan Supervising Engineer $ 192.23 Foy, Carrie A Accountant 1 $ 76.69 Fuchs, Valerie Engineer III $ 118.24 Gage, Eva D Project Coordinator II $ 61.58 Guerette, Jessica Principal Engineer $ 189.35 Jacobsen, Robert Principal Engineer $ 165.03 Kansakar, Pratistha Engineer II $ 97.94 Kreider, Tiffany Project Analyst III $ 89.36 Lawler, Amanda Engineer II $ 94.81 Leavitt, Moe Senior Engineer $ 147.64 Lee, James A Project Analyst 1 $ 74.78 McKelvey, Ian Principal Engineer $ 146.62 Melton, Erin PA Manager 1 $ 112.60 Merrill Steve Vice President $ 250.57 Milne, Ellen Lead Illustrator $ 119.00 Milne, Mike Chief Scientist $ 257.04 Mobley, William Principal Engineer $ 147.18 Neal, Amy Principal Engineer $ 157.61 O'Neal, Michael Managing Engineer $ 226.15 Ong, Hue D Principal Designer $ 136.06 Pare, Wendy M Supervisor, Word Processing $ 99.59 Park, Sharonne Senior Scientist $ 116.92 Paulson, Joel Supervising Engineer $ 187.70 Robinson Brent Engineer III $ 111.08 Rowin, Nancy G Project Analyst 11 $ 90.35 Rundall, John Managing Engineer $ 231.00 Saltanovitz, Katherine Senior Engineer $ 142.79 Schneider, Douglas Managing Engineer $ 234.23 Turk, Jonathan N Principal Geol /H dro eolo isl $ 160.55 Twenter, Justin Principal Engineer $ 164.97 Weber, Patrick Senior Engineer $ 137.35 Wilcox, Shirle Word Processor IV $ 87.91 Wood, Kirsten JEngineer 11 $ 102.10 CITY OF --* AuBu T Nancy Backus, Mayor WASHINGTON 25 West Main Street* Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 December 16, 2015 Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Agreement for Professional Services, AG-C-385 Stormwater Strategies & Design Concepts Dear Mr. Milne: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on September 8, 2015, for invoice #14242068 in the amount of $3,983.51. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by December 23, 2015. Thank you for your firm's professional services. If you should have any questions, feel free to give me a call at 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Community Development & Public Works Department TC/cw/as cc: City Clerk AG-C-385 AUBURN * MORE THAN YOU IMAGINED