HomeMy WebLinkAboutNorthwest Land & Water Inc AG-C-278
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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