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HomeMy WebLinkAboutBrown & Caldwell AG-C-398 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-398 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, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to Annual National Pollutant Discharge Elimination System II (NPDES II) stormwater program development and implementation. Types of work may include assistance with staff training, Stormwater Management Program update, Annual Report preparation, stormwater management manual adoption, design standards update, city code revision and stormwater pollution prevention plan development. The task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the CITY prior to commencing any work for any individual task. 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, 2011 and can be amended by both parties for succeeding years. 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 Agreement for Professional Services AG-C398 Brown & Caldwell Page 1 of 14 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 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, volunteers, and employees harmless from any and all claims, injuries,. damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement. Agreement for Professional Services AG-C398 Brown & Caldwell Page 3 of 14 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 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 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. Agreement for Professional Services AG-C398 Brown & Caldwell Page 5 of 14 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; (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. 12. TERMINATION OF AGREEMENT. Agreement for Professional Services AG-C398 Brown & Caldwell Page 7 of 14 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 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 shall 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 Brown and Caldwell Attn: Tim Carlaw Attn: Mike Milne 25 W Main Street 701 Pike Street, Suite 1200 Auburn, WA 98001 Seattle, WA 98101 Phone: 253-804-5062 Phone: 206-624-0100 Fax: 253-931-3053 Fax: 206-749-2200 E-mail: tcarlaw(a-auburnwa.gov E-mail: mmilne(a-Dbrwncald.com 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 Agreement for Professional Services AG-C398 Brown & Caldwell Page 9 of 14 CIT ZE RN J Peter B. Lew , May r Date G ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. eid, City Attorney BROWN & CALDWELL By: Title: - 'pr2e7,O&-,-jr Federal Tax ID # Agreement for Professional Services AG-C398 Brown & Caldwell Page 11 of 14 EXHIBIT A SAMPLE TASK ASSIGNMENT AGREEMENT AG-C-398 TASK AGC398-T001 CONSULTANT: PROJECT #/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: Completion Date: Scope of Work: Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: City Mayor, if Task Assignment is over $5,000: Signature: Date: Note: If this task assignment is over $25,000 then it must go before the appropriate Committee and City Council for approval prior to the Mayor's signature. Exhibit A Agreement No. AG-C-361 Page 1 of 1 EXHIBIT B FEE SCHEDULE R Brown and Caldwell City of Auburn 2011 Rate Sheet Hourly Name Title . Foy, Carrie Accountant 1 $59.40 Lynch, Michelle Accountant 1 $62.73 Robinson, Brent Engineering Aide $62.70 Baker, Leslie Project Analyst 1 $78.27 Kelly, Kathleen Project Analyst II $84.97 Draheim, Dan Technical Editor $84.97 Wilcox, Shirley Word Processor IV $87.91 Hamilton, Ada Scientist III $97.19 Park, Sharrone Scientist III $98.26 Billing, Brandon Engineer II $107.91 Korb, Liz Engineer II $111.96 Weber, Patrick Engineer II $115.63 Lee, Robin Senior Engineer $129.46 Dwyer, Angela Senior Engineer $124.95 Turk, Jon Senior Scientist $132.66 Doten, Colleen Senior Engineer $136.16 Twenter, Justin Senior Engineer $140.33 Fo ed, Nathan Principal Engineer $149.25 Chang, Sherrie Principal Engineer $154.97 Dubin, Ton Su ervisin Engineer $167.08 Diessner, Damon Managing Engineer $214.53 Milne, Mike Managing Engineer $214.53 Consultant Invoices Agreement No. AG-C-361 Page 1 of 2 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 A ravel butside'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.(bottorn 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.Janu,ary 15th • ' For grant/special funded projects there might be other special information needed, reference the LAG manual. Exhibit A Agreement No. AG-C-361 Page 2 of 1 CITY OF Peter B. Lewis, Mayor UM WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 I February 3, 2010 Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Agreement No. AG-C-398 2011 NPDES Support Notice to Proceed Dear Mr. Milne: The required certificate of insurance has now been received by our office. This letter serves as your notice to proceed. 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 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Public Works Department TC/ad/hg cc: City Clerk AG-C-398 AUBURN MORE THAN YOU IMAGINED AMENDMENT#2 TO AGREEMENT NO. AG-C-398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO NPDES SUPPORT V11 THIS AMENDMENT is made and entered into this O day of 2012, by and between the CITY OF AUBURN, a municipal corporation of the 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-398 executed on the 22nd day of January, 2011, and amended by agreement dated 19th day of December 2011 The changes to the agreement are described as follows: 1 CONTRACT TERM: There is no change to the contract term. 2. SCOPE OF WORK. There is no change in the scope of work. 3. COMPENSATION: See Exhibit A, 2012 Rate Table, 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. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-398 executed on the 22nd day of January, 2011 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,/,' CITY By- Authoriz d signature Peter . Lewis, Mayor ATTEST (Optional): ATTEST QQ�� By. CQej-,-� Its: Danie to E. Daskam, Auburn City Clerk Approved as to form (Optional): App v as Attorney for(Other Party) qa.2091-8. Heid, uburn City Atto nay Amendment No.2 for Agreement No. AG-C-398 Brown and Caldwell Page 1 of 1 EXHIBIT A 0 Brown and Caldwell Rate Table 2012 • Washington Offices (Excludes APC) TITLE GRADE RATE Office/Support Services I II C $62.00 Drafter D $73.00 Sr.Acct Clerk Project Analyst I Project Coordinator II E $84.00 Project Analyst 11 Word Processor IV Engineer/Scientist I Administrative Supervisor F $98.00 Marketing Coordinator III Engineer/Scientist II Designer Comp Sys Analyst/Programmer I Technical Writer Project Analyst III Project Coordinator III Engineer/Scientist III G $122.00 Sr Technician Inspector III Project Analyst Manager I Principal Designer H $139.00 Senior Engineer/Scientist Supervising Designer 1 $152.00 Principal Engineer/Scientist Supervising Engineer/Scientist J $171.00 Managing Engineer/Scientist K $198.00 Executive Engineer L $221.00 Vice President M $237.00 Senior Vice President N $262.00 AMENDMENT #3 TO AGREEMENT NO. AG-C-398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO NPDES SUPPORT THIS AMENDMENT is made and entered into this �day of�, 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-398 executed on the 22nd day of January, 2011, and amended by agreements dated the19th day of December, 2011 and the 17`" day of July, 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-398 executed on the 22nd day of January, 2011 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 D CALDWELL CI O RN By Authorized signature Peter B. Lewis, Mayor ATTEST (Optional) ATTEST By Its. Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appro as t o Attorney for (Other Party) Daniel B. Hei , uburn City Attorney Amendment No. 3 for Agreement No. AG-C-398 Brown and Caldwell Page 1 of 1 AMENDMENT #4 TO AGREEMENT NO. AG-C-398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING TO NPDES SUPPORT THIS AMENDMENT is made and entered into thiso2L1 day of 7 (2013, by and between the CITY OF AUBURN, a municipal corporation of the State ashin ton p p Washington 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-398 executed on the 22nd day of January, 2011; and amended by agreements dated thel9th day of December, 2011, the 17th day of July, 2012 and the 21st day of December 2012; The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the contract term. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: See Exhibit A, 2013 Rate Table, 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. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-398 executed on the 22nd day of January, 2011 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 CITY OF AUBURN , a 6 By: c/7" -----L.. I, . Sitied ' a4. .71-4 /11-a.''601 di%) Authorize signature dZ Peter . ewis, Mayor ATTEST (Optional): ATTEST: -- ' ,, 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. 4 for Agreement No. AG-C-398 Brown and Caldwell Page 1 of 1 EXHIBIT A Brown AND Caldwell q Brown and Caldwell NOTES Rate List setup with a multiplier of 3.3 City of Auburn Projects Subconsultant markup of 3% Summary Hourly Rate List No APC added 9/23/2013 green highlight denotes a capped rate Name Title 2013 Hourly Rate Anderson, Steve Vice President $ 231.00 Baker, Leslie Project Analyst III $ 84.32 Billing, Brandon Engineer III $ 119.66 Breeden, Jessica Accountant II $ 75.90 Boyle, Courtney Engineer III $ 122.00 Bucha, James Vice President $ 238.00 Diessner, Damon Managing Scientist $ 231.00 , Doten, Colleen Senior Engineer $ 136.16 Draheim, Dan Technical Writer $ 92.83 Dwyer, Angela Senior Engineer $ 137.78 Foged, Nathan Supervising Engineer $ 178.56 Jacobsen, Robert Senior Engineer $ 154.77 Kansakar, Pratistha Engineer I $ 88.84 Kelly, Kathleen Project Analyst III $ 95.21 Kreider, Tiffany Project Analyst III $ 84.61 Merrill, Steve Vice President $ 236.18 Milne, Ellen Lead Illustrator $ 111.08 Milne, Mike Chief Scientist $ 230.93 Nelson, Erin Managing Engineer $ 198.33 O'Neal, Michael Managing Engineer $ 215.23 Park, Sharonne Scientist III $ 109.13 Paulson, Joel Supervising Engineer $ 176.06 Popescu, Irina Senior Designer $ 97.09 Robinson, Brent Engineer II $ 98.87 Rowin, Nancy Project Analyst II $ 86.06 Rundall, John Managing Engineer $ 231.00 Turk, Jon Principal Geol/Hydrogeologist $ 147.71 Twenter, Justin Principal Engineer $ 149.66 Weber, Patrick Senior Engineer $ 126.36 Wilcox, Shirley Word Processor IV $ 87.91 AMENDMENT #5 TO AGREEMENT NO. AG-C-398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING NPDES SUPPORT THIS AMENDMENT is made and entered into this day of ,L22, t,k, , 2013, 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-C398 executed on the 22nd day of January, 2011; and amended by agreements dated thel9th day of December, 2011, the 17th day of July, 2012; the 21st day of December 2012 and the 24th day of September, 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, 2014. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: The amount of this amendment is $50,000.00. The total contract increased to a not to exceed amount of$120,000.00. See Exhibit A, 2014 Rate Table, which is attached hereto and by this reference made part of this Amendment. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-398 executed on the 22nd day of January, 2011 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 IITY OF B - By: Author' signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to orm: Attorney for (Other Party) Da I B. Hei , uburn City orney Amendment No. 5 for Agreement No. AG-C-398 Brown and Caldwell Page 1 of 1 Brown AND Caldwell I 1 Brown and Caldwell NOTES Rate List setup with a multiplier of 3.3 City of Auburn Projects Subconsultant markup of 3% Summary Hourly Rate List No APC added 12/13/2013 green highlight denotes a capped rate Name Title 2014 Hourly Rate Anderson, Steve Vice President $'". " " 231.00 Baker, Leslie Project Analyst III $ 86.43 Billing, Brandon Engineer III $ 123.26 Breeden, Jessica Accountant II $ 78.18 Boyle, Courtney Engineer III $ 125.66 Bucha, James Vice President $ 247.50 Diessner, Damon Managing Scientist $ ; 231.00 Doten, Colleen Senior Engineer $ 140.25 Draheim, Dan Technical Writer $ 96.56 Dwyer, Angela Senior Engineer $ 144.67 Foged, Nathan Supervising Engineer $ 184.83 Jacobsen, Robert Senior Engineer $ 160.18 Kansakar, Pratistha Engineer I $ 92.40 Kelly, Kathleen Project Analyst III $ 98.08 Kreider, Tiffany Project Analyst III $ 86.72 Merrill, Steve Vice President $ 243.28 Milne, Ellen Lead Illustrator $ 114.41 Milne, Mike Chief Scientist $ 242.48 Nelson, Erin Managing Engineer $ 198.33 O'Neal, Michael Managing Engineer $ 220.61 Park, Sharonne Scientist III $ 112.40 Paulson, Joel Supervising Engineer $ 182.23 Popescu, Irina Senior Designer $ 100.98 Robinson, Brent Engineer II $ 103.82 Rowin, Nancy Project Analyst II $ 86.06 Rundall, John Managing Engineer $ 231.00' Turk, Jon Principal Geol/Hydrogeologist $ 155.10 Twenter, Justin Principal Engineer $ 159.39 Weber, Patrick Senior Engineer $ 130.78 Wilcox, Shirley Word Processor IV $ 87.91 CITY OF * + J\IJBtJRNJ Peter B. Lewis, Mayor WASH I N GTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 October 2, 2013 Mike Milne Brown and Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Amendment No. 4 to Agreement for Professional Services, AG-C-398 NPDES Support Dear Mr. Milne: Enclosed please find an executed copy of the above-referenced Amendment No. 4. This amendment authorizes an updated rate sheet for 2013. For the City's tracking and record keeping purposes, please reference AG-C-398 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 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Department of Public Works TC/ad/mh Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG-C-398 AUBURN * MORE THAN YOU IMAGINED ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT AGREEMENT NO: AG-C-398 TASK NO: AG-C-398- TO-02 CONSULTANT: Brown & Caldwell PROJECT NO: NPDES Compliance Assistance The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: City of Auburn Maximum Amount Payable per this Task Assignment: $51,284. Completion Date: December 31, 2013 Scope of Work: See Exhibit A & B which are attached hereto and by this reference made part of this Amendment. Approvals: Consultant Projec Manager: Signature: . - � Date: /v `1 /3 Stephen B. Anderson, V.P. City Project Manager: Signature: ■ Date: /%3-1/ -R City Mayor: f4 OCT 1 7 Signature: Date: Page 1 of 1 memorandum that compares the current status of City regulations, facilities, and practices to the Permit requirements. BC will utilize the comparison summary developed in Task 1 as a starting point for developing work products under Task 2. This gap analysis will generally address the following programmatic areas: • Development and redevelopment requirements and standards • Illicit discharge detection and elimination • Construction inspection • Privately owned and maintained drainage system inspection • Standard operating procedures currently followed by City personnel in stormwater management activities • Monitoring requirements The gap analysis methodology will be consistent with the following: • Assess City codes, programs, and practices that may be impacted by each change, and identify potential gaps • Identify the changes and future work needed to address potential gaps(e.g., goals for updated Code language, how field inspection practices may need to be modified, considerations for updated equivalent manual adoption, etc.) • Estimate the relative level-of-effort and policy impact related to addressing potential gaps and issues(e.g., low, medium, high) BC will conduct a meeting with City staff to review and discuss the draft NPDES Program Gap Analysis. Assumptions: • BC and City staff will jointly identify City codes, policies, and other documents to be reviewed. • Two BC staff will spend up to six hours at City offices conducting in-person interviews with staff jointly identified by BC and the City Project Manager. The City Project Manager will assist in scheduling interviews. Additional phone interviews will be conducted on an as needed basis in the event that identified staff is unavailable on the day of scheduled in-person interviews. • Two BC staff will meet for up to two hours with City staff to review and discuss the draft NPDES Program Gap Analysis. • BC will prepare one draft and one revised technical memorandum. • The City Project Manager will coordinate City staff review of draft documents and provide consolidated comments to BC. • All deliverables will be submitted in electronic format. Deliverables: • Draft and revised NPDES Program Gap Analysis technical memorandum (Word and Excel). Brown and Caldwell Page 2 of 4 September 18, 2013 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. Assumptions: • The project will last approximately 5 months. • Three BC staff will attend a kickoff meeting with the City under this task. • The City Project Manager will coordinate logistics for program interviews and project meetings. Deliverables: • Kickoff meeting agenda and draft project management plan. • Monthly invoices and status reports. Brown and Caldwell Page 4 of 4 September 18, 2013 CITY OF I\IJBtJIN4 P eter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 October 18, 2013 ' Mike Milne Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Task Assignment No. AGC398-T002 to Agreement for Professional Services, AG-C-398 NPDES Compliance Assistance Notice to Proceed Dear Mr. Milne Enclosed please find an executed copy of the above-referenced Task Assignment. This Task Assignment has a completion date of December 31, 2013 and a not-to-exceed amount of $51,284.00. You are not authorized to perform work beyond the completion date, or expend funds above and beyond the not-to-exceed amount. This letter serves as your Notice to Proceed. As the project manager, I am the designated contact for this agreement and all amendments and task assignments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-5060. Sincerely, ��?? Tim Carlaw Storm Drainage Engineer Department of Public Works TC/ad/m h Enclosure cc: Tim Carlaw, Storm Drainage Engineer Daskam, City Clerk AG-C-398 AUBURN MORE THAN YOU IMAGINED CITY OF AuBuRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 October 2, 2013 Mike Milne Brown and Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Amendment No. 4 to Agreement for Professional Services, AG-C-398 NPDES Support Dear Mr. Milne: Enclosed please find an executed copy of the above-referenced Amendment No. 4. This amendment authorizes an updated rate sheet for 2013. For the City's tracking and record keeping purposes, please reference AG-C-398 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 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Department of Public Works TC/ad/mh Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG-C-398 AUBURN * MORE THAN YOU IMAGINED AMENDMENT #6 TO AGREEMENT NO. AG -C -398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING NPDES SUPPORT THIS AMENDMENT is made and entered into this 6� da y of Zu�4�2014, 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 -C398 executed on the 22nd day of January, 2011; and amended by agreements dated the19' day of December, 2011, the 17`h day of July, 2012, the 215` day of December 2012, the 24`" day of September, .2013, and 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 and subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -398 executed on the 22nd day of January, 2011 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 AN CALDWELL CITY OF AUBURN By: Authori d signature ancy Bac s, )Mayor ATTEST (Optional): ATTEST: (� /J / By. C /S1C ,,/ LJ Its: D Celle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) Daniel B. Heid, Auburn City Amendment No. 6 for Agreement No. AG -C -398 Brown and Caldwell Paoe 1 of 1 CITl' OF « AUBURN WASHINGTON December 19, 2014 Nancy Backus, Mayor 25 West Main street x Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 Nathan Foged Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Amendment No. 6 to Agreement for Professional Services, AG -C -398 NPDES Support Dear Mr. Foged: Enclosed please find an executed copy of the above - referenced Amendment No. 6. This amendment is for time extension only and extends the term of the agreement to December 31. 2015. For the City's tracking and record keeping purposes, please reference AG -C -398 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 -5060. Sincerely, Tim Carlaw Storm Drainage Engineer Community Development and TC /ad /mm Enclosure Public Works Department cc: Dani Daskam, City Clerk (copy letter only) AG -C -398 AUBURN* MORE THAN YOU IMAGINED AMENDMENT #6 TO AGREEMENT NO. AG -C -398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING NPDES SUPPORT THIS AMENDMENT is made and entered into this Ira '�! 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 and Caldwell (hereinafter referred to as the "CONSULTANT "), as an Amendment to the Agreement between the parties for AG -C398 executed on the 22nd day of January, 2011; and amended by agreements dated the190 day of December, 2011, the 17" day of July, 2012, the 21�' day of December 2012, the 24'" day of September, 2013, and 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 and subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -398 executed on the 22nd day of January, 2011 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 CITY OF AUBURN By: '44 � ac--- Authorized signature ancy Back M yor ATTEST (Optional): ATTEST q f� By. /��u�-t' /�/� C f � Its. Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) Amendment No. 6 for Agreement No. AG -C -398 Brown and Caldwell Paqe 1 of 1 Approved as to 7f rn aniel -B. Heid, Auburn City Attorney AMENDMENT #7 TO AGREEMENT NO. AG -C -398 BETWEEN THE CITY OF AUBURN AND BROWN AND CALDWELL RELATING NPDES SUPPORT THIS AMENDMENT is made and entered into this o?3ri- day of ti u 2015, by and between the CITY OF AUBURN, a municipal corporation of the State of W hington (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 -C398 executed on the 22nd day of January, 2011; and amended by agreements dated the19'h day of December, 2011, the 17th day of July, 2012, the 21 5' day of December 2012, the 24th day of September, 2013, the 26th day of December 2013 and the 16th day of December 2015. 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 and subsequent amendments. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -398 executed on the 22nd day of January, 2011 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 CITY OF AUBURN By: Authorl2id signature Mancy Bac I s, ayor ATTEST (Optional): ATTEST: By By. �if-u�� f 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. 7 for Agreement No. AG -C -398 Brown and Caldwell Paoe 1 of 1 Brown AND Caldwell Mi 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 H66'rly 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 Engineer $ 13127 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 Doter, 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 Pro ect Coordinator II $ 81.58 Guerette Jessica Principal Engineer $ 189.35 Jacobsen, Robert Principal Engineer $ 165.03 Kansakar, Pratistha Enclineer 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 $ 74.76 McKelvey, Ian Princi al En ineer $ 146.62 Melton, Erin PA Mana er I $ 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 Su ervisin Engineer $ 187.70 Robinson Brent Engineer III $ 111.08 Rowin, Nancy G Project Analyst II $ 90.35 Rundall, John Managing Engineer $ 231.00 Saltanovitz, Katherine Senior En ineer $ 142.79 Schneider, Douglas Managing Engineer $ 234.23 Turk, Jonathan N Principal Geol /H dro eolo ist $ 160.55 Twenter, Justin Principal Engineer $ 164.97 Weber, Patrick Senior En ineer $ 137.35 Wilcox, Shirley I Word Processor IV $ 87.91 Wood, Kirsten JEnqineer 11 $ 102.10 T .%P AUBURN. - B T Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov* 253-931-3000 January 5, 2016 Patrick Weber Brown & Caldwell 701 Pike Street, Suite 1200 Seattle, WA 98101 RE: Agreement for Professional Services, AG-C-398 On-Call NPDES Support Dear Mr. Weber: 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 March 18, 2015, for invoice#14235923 in the amount of$184.71. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by January 15, 2015. Thank you for your firm's professional services in work related to the NPDES project. 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 Dept. TC/ad/as cc: City Clerk AG-C-398 AUBURN * MORE THAN YOU IMAGINED