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HomeMy WebLinkAboutNorthwest Land & Water Inc AG-C-278 A :S.l~.C] AGREEMENT FOR PROFESSIONAL SERVICES AG-C-278 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 NORTHWEST LAND & WATER, INC., whose address is 6~)56 3ih Avenue NE, Seattle, WA 98115, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31 , 2006. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. A lump sum payment of $23,787.00 shall be due to the CONSUL TAINT upon completion and CITY approval of the identified project scope. Agreement for Professional Services AG-C-278 4/1/2006 Page 1 of 14 In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expEmded on such. 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 o1f 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, dElsigns, 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 hydrogeological standards and the requirements of the CITY. Agreement for Professional Services AG-C-278 4/1/2006 Page 2 of 14 Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy o1f 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 resultin~J from the 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 indHpendent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this A~lreement, insurance against claims for injuries to persons or damage to property whic:h may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. Agreement for Professional Services AG-C-278 4/1/2006 Page 3 of 14 CONSULTANT'S maintenance of insurance as required by the Agre43ment 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 0001 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, opE~rations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general a~mregate. 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 Additionallnsur,ed 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. Agreement for Professional Services AG-C-278 4/1/2006 Page 4 of 14 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 c:overage 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 authorizlsd 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 requirE~d by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or ;activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. Agreement for Professional Services AG-C-278 4/1/2006 Page 5 of 14 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries ~md 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 (Ei) 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 proviide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIIONS. 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 Agreement for Professional Services AG-C-278 4/1/2006 Page 6 of 14 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 alny of the offenses enumerated in paragraph U(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) terminatE~d for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. Agreement for Professional Services AG-C-278 4/1/2006 Page 7 of 14 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herElin. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstandin~1 such dispute or conflict, the CONSULTANT shall continue to make a good faith Hffort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselvE~s, their partners, successors, assigns, and legal representatives to the other party 1to 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 fE~es and expenses and court costs shall be paid to the substantially prevailing party. Agreement for Professional Services AG-C-278 4/1/2006 Page 8 of 14 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 Jim Mathieu on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of thle CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Northwest Land & Water, Inc. Attn: Chris Thorn Attn: Jim Mathieu 25 W Main Street 6556 3ih Avenue NE Auburn WA 98001 Seattle, WA 98115 Phone: 253-804-5065 Phone: 206-525-0049 Fax: 253- 931-3053 Fax: 206-374-2575 E-mail: cthorn@auburnwa.gov E-mail: jim@nlwinc.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 address43d 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. Agreement for Professional Services AG-C-278 4/1/2006 Page 9 of 14 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 onls or more counterparts have been signed by each of the parties and delivered to the other party. CITY ;:-? ~ Peter B. Lewt. 7. ~!~ Date ( n - ATTEST: APPROVED AS TO FORM: Da NORTHWEST LAND & WATER, INC. BY: ~J / /Jlal;;~ Title(. 1),rt~/c47 Federal Tax ID # ! Agreement for Professional Services AG-C-278 4/1/2006 Page 10 of 14 EXHIBIT A SCOPE OF WORK Mitigation Scenarios for New Water Rights, City of Auburn Introduction The City of Auburn is seeking primary groundwater rights to develop new supplies that are needed to meet future water demands. These rights would apply to wells in the Auburn Valley, where the City wants to develop additional water supplies at 18 million gallons per day (mgd) Qi, and 12.6 mgd Qa. Before the City can develop future supplies and secure new rights, it must first demonstrate that impacts to surface water will be mitigated. Two sources of water are potentially available for mitigation measures: . Water from the White River / Lake Tapps system. Because Puget Sound Energy (PSE) will no longer operate the lake as they have done in the past, new water supplies are now available through the Cascade Water Alliance (CW A). . Reclaimed water - an increasingly more feasible option for beneficial uses. Possible Mitigation Scenarios Northwest Land and Water, Inc., (NLW) will assess three possible scenarios for mitigating the impacts of new groundwater development. Scenarios 1 and 2 entail using regional recharge strategies to offset these impacts. Scenario 3 applies a more localized approach. Scenario 1: Lake Tapps would function as the recharge point for the Auburn Valley. This scenario would entail maintaining more water in the lake year-round using supplies that have become available through the CW A. Scenario 2: The White River bypass reach would be used to increase recharge to Auburn Valley aquifers. This scenario would rely on flows that were previously diverted into Lake: Tapps. These "surplus" flows, available through the CW A, would recharge the riverbed along the bypass reach, thus recharging aquifers in the Auburn Valley. Scenario 3: Infiltration basins or wetlands would be constructed to facilitate localized aquifer recharge. This scenario may be implemented using either water through the CW A or reclaimed water. Exhibit B Agreement No. AG-C-278 Page 1 of 1 NL W will examine the feasibility, benefits, and uncertainty associated with each scc::nario using information that has been generated by City projects over the past decade. We will also use appropriate, yet simple, analyses to assess and compare the merits of each scenario. Task Summary (see Table 1 for Cost Estimate) Task 1-Meet with the City NL W will meet with the City to review the scenarios and present our approach for this assessment. During this meeting, we will explore possible obstacles to implementing the scenarios and discuss our proposed analytical methods. We will also discuss data sources. Two additional meetings will be attended by NL W to discuss the scenarios with City staff. Task 2-Compile Data NL W will compile data from the City and in-house sources to describe hydrogeologic conditions that are relevant to the mitigation scenarios. These data will be used to assess each scenario. Data compiled and used to assess each scenario will be summarized in an Adobe ™ pdf document. Task 3-Perform Review & Analysis NLW will review data compiled as part of Task 2 to estimate the impacts of new groundwater development on surface water. We will then analyze how the mitigation scenarios, separately and in combination, may offset the impacts. We will use the results of previous investigations and modeling efforts together with analytical methods - for example, mass-balance and groundwater flow calculations. Table 1 shows sub-tasks for each scenario analysis. Task 4-Prepare Report NL W will prepare a report summarizing the results of this assessment. This report will describe the results of Task 3, specifically addressing the feasibility, benefits, estimated costs, and uncertainty of implementing the scenarios. It is likely that more detailed analyses-for example, numerical modeling or site-specific monitoring-will be needed to support the technical feasibility of the scenarios. Consequently, this report will contain a set of recommendations describing additional work. The report will be summarized in an Adobe TM pdf document and available for electronic transmission. In addition, 3 hard copies of the pdf document will be printed and delivered to the City. The data compilation of Task 2 will also be available for electronic transmissi.on. Task 5-Present Results & Recommendations NLW will meet with the City to discuss the findings of the mitigation assessment and present this information using a laptop-computer and projector. We will also discuss our recommendations. Exhibit B Agreement No. AG-C-278 Page 2 of 1 itigation Scenarios for New Water Rights - City of Auburn Table 1. Cost Estimate - M Northwest Land & Water, Inc. (NLW) DIRECT COSTS Item Mileage LABOR COSTS Cost TOTAL Cost $47 Hours 20 30 DESCRIPTION TASK $2,147 $3,150 $10,500 $2,100 $3,150 Meet with the City (3 meetings) Compile Data (includes pdf documentation) Task 1 Task 2 - Task 3 $6,400 $1,591 $100 $16 Report Production Mileage $3,150 $3,150 $4,200 $6,300 $1,575 30 30 40 60 15 Perform Review & Analysis Subtask 1: Scenario 1 Subtask 2: Scenario 2 Subtask 3: Scenario 3 Prepare Report (3 hard copies) Present Results & Recommendations Task 4 Task 5 meeting) (1 $23,787 $23,787 $162 $23,625 225 TOTAL HOUSR / SUBTOTAL DOLLARS ESTIMA TED TOTAL COST No. AG-C-278 Exhibit B Agreement Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: . On CONSULTANT letterhead. . A cover letter stating the status of each task. This should include items comph3ted, percent completed during the billing period and completion along with funding status. . Internal invoice number and/or sequential numeric number (Le.: progress payment # 10). . Invoice date. . Period of time invoice covers. . Consultant Agreement # (Le.: AG-C-115). . Project number(s) listed (Le.: 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 (Le.: design, right-of-way, or construction) or task order number. . Direct salary (base salaries) . Indirect salary (benefits) . Direct non-salary (Le.: mileage, reproduction fees (Le.: printing, copying), communication fees (Le.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. . Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. . Percentage of work completed to date compared to total amount of work (if required by the project manager). . Status of Management Reserve Fund (MRF) (Le.: a certain task) until we can get an amendment in place. . Invoices for previous year are due by January 15th. . For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-265 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn W A 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 Hourly Rate Amount Mike Jones, Principal in CharQe 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Multi Iier x1.1 x1.1 x1.1 Amount $ 7.59 $ 33.00 $ 31.90 $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourlv Rate Amount ABC Environmental, Inc., Civil EnQineer 10 $ 100.00 $ 1,000.00 Electrical ConsultinQ, Electrical EnQineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 .!.Q!~__~.Y._~__T.~~~__~~~Q!.~.~.__.__.___________________.._.__.._.._.._.._____._________________________._____.._..__.____.._____________...___~._}-,.~~_1~'!~__________ CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Compl13ted Remainino Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in thEl amount of $2,000.00. Consultant Invoices Agreement No. AG-C-265 Page 2 of 2 A 3. '<0 ,1 AMENDMENT #1A TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER RIGHTS THIS AMENDMENT is made and entered into this g~ day 0~J..l~ , 2006, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 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 $42,914. The total contract amount is increased to a total of $66,701. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, 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. NW LAND AND WATER, INC. CI ----~ URN.---.) /J/J rjJ , By: ~~ I' uvf Ju{/~ Auth r' ed signature ATTEST (Optional): ATTEST: By: Its: ~~ Danielle E. Daskam, Auburn City Clerk Attorney for (Other Party) Approved as to form (Optional): Amendment No. 1 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 1 EXHIBIT A Scope of Work for Ongoing Water Rights Mitigation City of Auburn Assessment - Table 1. Cost Estimate - Ongoing Water Rights Mitigation Options and Water Rights Impairment Northwest Land & Water, Inc. (NLW) TOTAL $12,168 $93 DIRECT COSTS Item Cost Mileage LABOR COSTS Hours Cost $2,625 $2,100 $3,150 $4,200 25 20 30 40 DESCRIPTION Review Draft ROE Subtask 1a: Review/Analyze ROE for Impairment (known, potential, not addressed) to City Rights Subtask 1b: Meet with City and Attorneys about Impairment (3 meetings) Subtask 1c: Prepare Memo Report Summarizing Impairment Optional Subtask 1d: Technical Analysis to Support Impairment TASK Task 1 550 $1 $2,625 $4,725 $2,100 $1,050 $1,050 25 45 20 10 10 Assist City with Mitigation Option 1 - Increases in White River Flows Subtask 2a: Review/Analyze ROE for Comparison of New versus Historic Bypass Reach Flows Subtask 2b: Relate Bypass Reach Flow to "New" Water in the Auburn Valley Aquifer Subtask 2c: Identify Constraints on Use of "New" Water in the Auburn Valley Aquifer Subtask 2d: Estimate "New" Water in Auburn Valley .-- Assume CWA Only Meets Bypass Reach Obligation Stated in the ROE Assume City Purchases Water from CWA to Place in the Bypass Reach Task 2 $4,200 $1,575 $2,625 15 25 Review Green River Basin Water Rights Conditions Subtask 3a: Identify Green River Reach, Gages, and Flows Pertinent to City's Proposed Water Rights Subtask 3b: Examine Location and Rates for Unprocessed Applications, and their Effects on the City Task 3 $1,575 $1,575 $6,580 $5,266 $280 $16 Mileage Report Production $1,575 $1,575 $6,300 $5,250 15 15 60 50 Assist City with Mitigation Option 2 - Seasonal Water Withdrawal/Diversion Assist City with Mitigation Option 3 . Reclaimed Water Meet with Ecology (3 meetings) and with City (6 meetings) Prepare Report (Include content from Tasks 2, 3, 4, and/or 5) Task 4 Task 5 Task 6 Task 5 $42,914 $42,914 $389 42,525 $ 405 TOTAL HOURS I SUBTOTAL DOLLARS ESTIMATED TOTAL COST. Exhibit A Amendment #1 A to Agreement No. Ag-C-278 Page of A. ~ ((,. -1 AMENDMENT #2 TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER RIGHTS ;Y/- t ,lHIS AMENDMENT is made and entered into this [;/ day of' 200~, by and between the CITY OF AUBURN, a municipal corporaf n of the S te of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSUL T ANT"), as an Amendment to the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, and amended by agreement dated the 8th of November, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2007. 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-278 executed on the 25th day of April, 2006, 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. NW LAND AND WATER, INC. By: ~vJ-!. 11Z?t?2t~ AuthQp(zed signature CITY '-~ / ~ Peter :lliT: , . ~.~ dla~j~ 'Danielle E. Daskam, Auburn City Clerk ATTEST (Optional): By: Its: Attorney for (Other Party) Approved as to form (Optional): ----------------------------------------------------------------- Amendment No.2 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 1 A~"" \3.13 AMENDMENT #3 TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER RIGHTS ,..j " THIS AMENDMENT is made and entered into this j~: day of'7Jlfl~'1 , 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, and amended by agreement dated the 8th of November, 2006, and amended by agreement dated the 18th of January 2007. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2007. 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 $193,146, of which $36,300 is optional work at the City's discretion. The total contract amount will increase to $233,146. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, shall remain unchanged, and in full force and effect. Amendment NO.2 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. NORTHWEST LAND & WATER, INC. By: J Ilhctlk)~ uthorized signature Ph Iclt1cf ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) ----------------------------------------------------------------- Amendment NO.2 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 2 of 2 CITY~ _ Peter B. LewIs, Mayor -.J ~-"7, ATTEST: (\ ~~tY ~//(jft~ /&~ Danielle E. Daskam, Auburn City Clerk version 3/19/07 City of Auburn Rights Evaluation and Mitigation I!l:timatft - Nftw Watftr Land & Water, Inc. (NLW) Cl'l:t Northwest 1 TablA TOTAL $21,447 Cost $2,865 $102 DIRECT COSTS Item SurfacFM Modflow Mileage LABOR COSTS Hours Cost $6,600 $6,600 $2,640 $2,640 $5,500 $24,200 60 60 24 24 50 220 DESCRIPTION Run Model "As Is" and Review Site Data Subtask 1 a: Startup the Auburn groundwater model and verify model functioning Subtask 1b: Run 3 scenarios (18 mgd wellfield at 3 Green River sites) Subtask 1 c: Review data relevant to site yield for each of the 3 Green Rivers sites Subtask 1d: Discuss results of 1b and 1c with City and how to mitigate (2 meetings + 1 site visit) Optional Subtask 1f: Assist City with drillling and testing specs and permits for 1 Green River site Optional Subtask 19: Manage, log, analyze, and report drilling and testing at 1 site (300-ft depth) TASK Task 1 $18,058 $101,445 $34 $34 $34 $68 $34 $34 Drill/Test Contractor Mileage Mileage Mileage Mileage Mileage Mileage $5,500 $1 ,320 $880 $880 $6,600 $1,320 $1,320 50 12 8 8 60 12 12 Develop Technical Approach to Support the City's Water Rights Application Subtask 2a: Write a memo outlining approach - modeling, senior apps, triggers, mitigation, monitoring Subtask 2b: Prepare and meet with City to discuss memo Subtask 2c: Prepare and meet with Tribe to discuss memo content and solicit input Subtask 2d: Prepare and meet with Ecology to discuss memo content and solicit Input Subtask 2e: Modify approach and get "buy-in" from Tribe / Ecology (includes 2 meetings) Subtask 2f: Review and present information to-date with the Public Works Committee Subtask 2g: Add team members, as needed, and meet as a team to discuss unified approach Task 2 $72,702 $102 Mileage $2,640 $6,600 $4,400 $30,800 $6,600 $9,900 $1,760 $2,200 $4,400 $3,300 $6,600 24 60 40 280 60 90 16 20 40 30 60 Evaluate Expected Impacts to the White and Green Rivers, and Mill Creek from 18 mgd Withdrawal Subtask 3a: Compile and review pertinent/current stream flow and stage for Auburn valley streams Subtask 3b: Calculate summary statistics for the Auburn valley streams Subtask 3c: Estimate effect of increased White R flow/stage on groundwater levels in White R valley aquifer Subtask 3d: Update Auburn groundwater model parameters and re-calibrate as needed Subtask 3e: Estimate model input for recharge and stream stage for normal, dry, and drought conditions Subtask 3f: Run model for normal, dry, and drought conditions for wellfield at 1 Green River site Subtask 3g: Provide groundwater model results to surface water modeler and fish biologist Subtask 3h: Incorporate results from surface water modeler and fish biologist into impact evaluation Task 3 Subtask 3i: Prepare summary tables / graphs Subtask 3j: Prepare and meet with City, Ecology, Tribe (3 meetings) Optional Subtask 3k: Coordinate technical information with Trlba/ fisheries and hydrology staff $19,242 $34 $34 $34 Mileage Mileage Mileage $8,800 $5,500 $2,200 $880 $880 $880 80 50 20 8 8 8 Impacts Detailed Concepts to Mitigate -- Document a) Write draft text Subtask 4b: Produce graphs and tables Subtask 4c: Finalize report (1 round of City review and NlW edit Subtask 4d: Prepare and meet with City to present report Subtask 4e: Prepare and meet with council/mayor to present report Subtask 4f: Prepare and meet with Ecology / Tribe to present report Impact Results and b) Write Report Subtask 4a: Task 4 $13,298 $6,600 ~O $156,846 $156,846 $6,038 $9,446 Eguipment $7,260 $6,600 $5,500 147,400 $ 66 60 50 1,670 Task 5 Install, Collect, and Intrepret Data for 2 Water level Monitoring Stations 1 year of data) Task 6 On oln Review of Ecology / Geomatrix Cost-Reimbursement Phase 2 in the Green River Basin Task 7 Ongoing Review of Ecology / CWA's / lake Tapps Report of Exam TOTAL HOURS I SUBTOTAL DOLLARS ESTIMATED TOTAL COST. Note: Optional Subtasks items are not included in the subtask or total costs ~3,1~.`~ AMENDMENT #4 TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER RIGHTS THIS AMENDMENT is made and entered into this 31 st day of December, 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, and amended by agreements dated the 8th of November, 2006, the 18th of January, 2007, and the 1St of May, 2007. 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, 2008 2. SCOPE OF WORK: There is no change to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, 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. NORTHWEST LAND & WATER, INC. UB RNe V -_ -~ `~ By: ~rru~ /. ~~GecL thorized signature Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: ~ ,,~ ,~ Its: Da le E. Daskam, Auburn City Clerk Approved as to form (Optional): Ap o d form: Attorney for (Other Party) aniel , A ur ity rney Amendment No. 4 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 1 A5, 1 1CV.9 AMENDMENT #5 TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER SUPPLY AND WATER RIGHTS THIS AMENDMENT is made and entered into this 31 st day of December, 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement befinreen the parties for AG-C-278 executed on the 25th day of April, 2006, and amended by agreements dated the 8th of November, 2006, the 18th of January, 2007, the 1St of May, 2007, and the 31St of December, 2007. 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, 2009. 2. SCOPE OF WORK: Change to the scope of work shown in Attachment 1. 3. COMPENSATION: There is no change to the amount of compensation. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-278 executed on the 25th day of April, 2006, 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. NORTHWEST LAND & WATER, INC. gy; A orized signature Pet r B. Lewis, Mayor ATTEST (Optional): ATTEST: Qy: Its: • Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): App"d as tc~~: A n^ Attorney for Other Party B. Heid,uburrf City-Ploorney Amendment No. 5 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 2 Attachment 1 SCOPE OF WORK Ongoing Hydrogeologic Consulting Services City of Auburn December 8, 2008 Introduction This scope of work is a revision of work previously described in Professional Services Agreement AG-C-278 and its subsequent Amendments 1 through 4. The City of Auburn (the City) has revised its strategy in pursuit of new groundwater rights and firm water supply in the Auburn Valley. However, several additional ongoing and future projects are anticipated which may require hydrogeologic consulting, i.e. Tasks 1- 3 and Fees, as described below. At this time, a detailed scope of work for these ongoing services is not known. However, if and when necessary, the City and Northwest Land & Water, Inc (NLW) will develop a detailed scope or work with cost estimates and deliverable timelines. Tasks Task 1-Assist with Cascade Water Alliance's Water Supplv Proiect at Lake Tapps NLW will provide guidance, data, and analysis on technical issues related to potential impacts on the City's water resources that result from CWA's Water Supply Project at Lake Tapps. This work may include attending meetings, analyzing data, writing emails memo reports and other communications. We will also communicate with stakeholders and their consultants, as requested by the City of Auburn. Task 2-Develop Full Water Riqht Capacity NLW will provide guidance, data, and analysis related to water rights and technical issues for the full development of the City's water rights. This may involve analysis of options for the placement of new wells in relation to existing infrastructure, and issues related to the location and timing of impacts from new wells or relocating existing wells. Task 3-Replace or Rehabilitate Existinq City Wells NLW will provide guidance, data, and analysis related to replacement, rehabilitation, monitoring, testing, and construction of City wells or spring collectors. Fees NLW will bill at a rate of $115 per hour for the services in Tasks 1, 2, and 3. Auto mileage will be charged at the IRS approved rate of 58.5 cents per mile (until December 31, 2008). This will change to the 2009 IRS rate on January 1, 2009. All sub-contract or other expenses incurred by NLW and related to Tasks 1, 2, and 3 will be marked up 15 per cent, and included on monthly invoices submitted to the City. Amendment No. 5 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 2 of 2 AMENDMENT #6 TO AGREEMENT NO. AG-C-278 BETWEEN THE CITY OF AUBURN AND NORTHWEST LAND & WATER, INC. RELATING TO WATER SUPPLY AND WATER RIGHTS THIS AMENDMENT is made and entered into this :'_~~~~tlay of 20Uq by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Northwest Land & Water, Inc., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-278 executed on the 25th da~r of April, 2006, and amended by agreements dated the 8th of November, 2006, the 18t of January, 2007, the 1 St of May, 2007, the 31 St of December, 2007 and the 31 St of December 2008. 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, 2010. 2. SCOPE OF WORK: There is no change to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. REMAINING TERMS UNCHANGED: That all other provisions ofi the Agreement between the parkies for AG-C-278 executed on the 25th day of April, 2006, 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. NORTHWEST LAND & WATER, INC. CITY O ~ gy_ I-VC6 ( 7T i,Gt/-- ,~thorized signature Peter B. ewis, Mayor ATTEST (Optional): ATTEST: g Y• Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to,form: 1 ~ b Attorney for Other Party ani . ei , Auburn City torney Amendment No. 6 for Agreement No. AG-C-278 Northwest Land & Water, Inc. Page 1 of 1