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HomeMy WebLinkAboutParametrix AG-C-070 f � CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-070 THIS AGREEMENT made and entered into on this i- " day of acob-s . , 2013, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Pro-Vac, Clean Service, 6622 112th Street East, Puyallup, Washington, 98373, hereinafter referred to as the "Provider." WITNESSETH : WHEREAS, the City is in need of the services of individuals, employees or firms for StormFilter Maintenance work; and, WHEREAS, the City desires to retain the Provider to provide said services in connection with the City's work; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above-described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. AG-S-070 Pro-Vac, LLC Page 1 of 10 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that the Provider has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 7. Compensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "B" which is attached hereto and by this reference made a part of this Agreement (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City upon acceptance of the invoice or statement shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. The AG-S-070 Pro-Vac, LLC Page 2 of 10 Agreement number must appear on all invoices or statements submitted. The not- to-exceed amount for this agreement is $14,946.75. 8. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. All work under this Agreement shall be completed by December 31, 2013. 9. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement This Agreement shall be administered by Dean Dunlap, on behalf of the Provider, 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 Pro-Vac Clean Service Tim Carlaw Dean Dunlap Storm Drainage Engineer Manager 25 W Main St 6622 112th Street East Auburn, WA 98001-4998 Puyallup, Washington 98373 Phone: 253-804-5060 Phone: 253-435-4328 Fax: 253-931-3053 Fax: 253-435-5788 E-mail: tcarlaw @auburnwa.gov E-mail: dean @pro-vac.com AG-S-070 Pro-Vac, LLC Page 3 of 10 13. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 14. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 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, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. AG-S-070 Pro-Vac, LLC Page 4 of 10 c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider'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 Provider's insurance and shall not contribute with it. b. The Provider's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Provider 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 requirements of the Provider 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 7 until the Provider has fully complied with this section. 15. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. AG-S-070 Pro-Vac, LLC Page 5 of 10 16. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Nondiscrimination The Provider 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. 18. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 19. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 20. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. AG-S-070 Pro-Vac, LLC Page 6 of 10 21. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 23. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 26. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. AG-S-070 Pro-Vac, LLC Page 7 of 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CIT/YOF AUBURN Pro-Vac, Clean Services L Peter/B Lewis, Mayor Signature UName: Dean Dunlap Attest: Title: / 1-- t _ C c--•„_.,.' �p9—�\ Ng_Danielle Daskam City Clerk Signature Name: Appr• , -d s to form: Title: `t‘dit-41 Federal Tax ID No: 800016987 laniel B. Heid, City Attorney AG-S-070 Pro-Vac, LLC Page 8 of 10 EXHIBIT A SCOPE OF WORK AG-S-070 The following tasks shall be performed related to the StormFilters which are located in Auburn, WA. StormFilter information is as follows: StormFilter Serial Media Location Project Name Location Number Vault Cartridges Type Size 3rd St grade C St SW north 2812.01 8' x 16' 24 CSF 1 separation of 3f° St SW 3r St grade A St SW south 2812.03 6' x 12' 11 CSF 2 separation of 3"' St SW Auburn Way South AWS just south 4188.01 6'x 8' 4 ZPG 3 safety improvements of Hwy 18 4 Storm Pond 14" St SE& D 28820.01 72" MH 6 ZPG Improvement PI SE (south of (Meade) 1322 DPI SE) 5 304"St SE & 124" 304"St SE & n/a 48" MH 2 CFS Ave SE 124th Ave SE (NW side of roundabout) 6 Mel's Parking Lot NE corner of n/a 8' x 16' 15 ZPG parking lot on A St NW& 1st St NW 7 SE 284th St& 112th SE 284th St n/a CB 1 1 ZPG Ave SE (north side of unit street near 28263 112th Ave SE) 8 112th Ave SE& SE 112th Ave SE n/a CB 2 2 ZPG 283rd St (west side of unit street north of SE 283rd St SE) * Note: 24 cartridge vault only; 11 cartridge vault at same location does not require maintenance and is not included in this scope of work Tasks 1. Provide notice of scheduled service date and time to coordinate with city representative to meet on site prior to maintenance beginning. 2. Maintain StormFilter BMP5 at all locations Maintenance shall performed before November 30, 2013 and include: a. Removal and disposal of the accumulated liquids and solids; b. Replacement and disposal of the exhausted filter cartridge media 3. A Certificate of Compliance and photos will be provided for each StormFilter BMP. The compliance certificate will certify that all maintenance activities were successfully completed in accordance with accepted guidelines. AG-S-070 Exhibit A Page 1 of 1 • EXHIBIT B Fees AG-S-070 Provider will conduct those tasks as established and in accordance with Exhibit A of this document for an amount not to exceed $14,946.75, which is the total of cleaning and replacement of StormFilters in all locations, and Washington State Sales Tax at 9.5%. The following is a breakdown of costs, per location, for Cleaning and StormFilter Replacement and Disposal. Cleaning, & StormFilter replacement and Serial Vault Media disposal Project Name Number Size Cartridges Type Total per location 3rd St grade 2812.01 8'x16' 24 CSF $5040.00 separation 3 St grade 2812.03 6'x12' 11 CSF $2310.00 separation AWS safety 4188.01 6'x8' 4 ZPG $840.00 improvements Storm Pond 28820.01 72" MH 6 ZPG $1260.00 Improvement _(Meade) 304th St SE & n/a 48" MH 2 CFS $420.00 124th Ave SE Mel's Parking n/a 8' x 16' 15 ZPG $3150.00 Lot SE 284th St & n/a CB 1 unit 1 ZPG $210.00 112th Ave SE 112th Ave SE n/a CB 2 unit 2 ZPG $420.00 & SE 283rd St Subtotal $13,650.00 Sales Tax $ 1,296.75 Total $14,946.75 AG-S-070 Exhibit B Page 1 of 1 AMENDMENT # 2 TO AGREEMENT # AG-C-070 BETWEEN THE CITY OF AUBURN AND PARAMETRIX RELATING TO C8032 FLOOD PLAIN STUDY/MAPPING - PORT OF SEATTLE THIS AMENDMENT is made and entered into this 1:>~ay of j0~) 2003, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Parametrix (hereinafter referred to as the "CONSULTANT''), as an Amendment to the Agreement between the parties for C8032, Flood Plain Study/Mapping - Port of Seattle executed on the 81n day of September 1999, and amended by agreement dated 27th day of December 1999. 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, 2004. 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-070 executed on the 8th day of September 1999, and amended by agreement dated 27th day of December 1999, 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. PARAMETRIX C By: ,r ~ 6 -- Authorized s' n ture t)w,,,..... E.. NI'L.L.E"-, ?E.. 'fA.l~c..1PQL.. ATTEST (Optional): ATTEST: By: Ji)~ dJJ;.L~~~' Its: Dai\ief . Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) ..------------------------------------------------------------. Amendment NO.2 for Agreement No. AG-C-070 Paramelrix Page 1 of 1 -~-- _.. ,-._----- - ----------." --~.._-~- ~ ..~ _ _on A5.tlo.Cf AMENDMENT # 3 TO AGREEMENT # AG-C-070 BETWEEN THE CITY OF AUBURN AND PARAMETRIX RELATING TO C8032 FLOOD PLAIN STUDY/MAPPING - PORT OF SEATTLE THIS AMENDMENT is made and entered into this 1!!day of . 20~ by and between the CITY OF AUBURN, a municipal corporation f the State of Washington (hereinafter referred to as the "CITY"), and Para met x (hereinafter referred to as the "CONSUL TANT") , as an Amendment to the Agreement between the parties for C8032, Flood Plain Study/Mapping - Port of Seattle executed on the 81n day of September 1999, and amended by agreement dated 27th day of December 1999, and amended by agreement dated 5th day of December 2003. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2005. 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-070 executed on the 8th day of September 1999, and amended by agreement dated 27th day of December 1999, and amended by agreement dated 5th day of December 2003, 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. PARAMETRIX By:~~2~ ----'" Authorize ignature ATTEST (Optional): By: ~'c:.... E. M,.....'t'l..?'E . Its: 'NC.I~"'" Approved as to form (Optional): Attorney for (Other Party) ----------------------------------------------------------- '. Amendmenl NO.3 for Agreemenl No. AG.C-070 Paramelrix Page 1 of 1 ----.---.------ . ___~_~m ---roo- AMENDMENT #4 TO AGREEMENT NO. AG-C-070 BETWEEN THE CITY OF AUBURN AND PARAMETRIX RELATING TO PROJECT NO. C80320, FLOOD PLAIN MAPPING T~S AMENDMENT is made and entered into this / J~ day Of~~. 200 ?, by and between the CITY OF AUBURN, a municipal corpor ion of the tate of Washington (hereinafter referred to as the "CITY"), and Parametrix (hereinafter referred to as the "CONSUL T ANT"), as an Amendment to the Agreement between the parties for AG-C-070 executed on the 8th day of September, 1998, and amended by agreement dated the 27th day of December, 1999, and amended by agreement dated the 5th day of December, 2003, and amended by agreement dated the 7th day of January, 2005. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2006. 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 ori~~inal agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-070 executed on the 8th day of September, 1998, 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. PARAMETRIX By:~l,~ ---- "--=====- - Authorized signature Pe r B. Lewis, Mayor ATTEST (Optional): ATTEST: ~~~~~ By: Its: Danielle E. Daskam, Auburn Ciity Clerk Approved as to form (Optional): Attorney for (Other Party) D --------------------------------------------------------. Amendment NO.1 for Agreement No. AG-C-070 Parametrix Page 1 of 1 _ _^,._.~^_._.____'w..._ m..._.,._._._____. ------.,...--..-- A'S 1(c.9 AMENDMENT #5 TO AGREEMENT NO. AG-C-070 BETWEEN THE CITY OF AUBURN AND PARAMETRIX RELATING TO PROJECT NO. C80320, FLOOD PLAIN MAPPING ~' .~ THIS AMENDMENT is made and entered into this J /P day ot ,.. .~ ' 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of ashington (hereinafter referred to as the "CITY"), and Parametrix (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-070 executed on the 8th day of September, 1998, and amended by agreement dated the 27th day of December, 1999, and amended by agreement dated the 5th day of December, 2003, and amended by agreement dated the 7th day of January, 2005, and amended by agreement dated the 10th of January, 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-070 executed on the 8th day of September, 1998, 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. PARAMETRIX ...... By:~ Authorized signature VO{U\ m. J....e.e-. Peter B. Lewis, Mayor ,?(l"~lpcU ATTEST (Optional): An;Dr~ By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) "-_.-..----- --- - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - - --- - -- - -- Amendment NO.5 for Agreement No. AG-C-070 Parametrix Page 1 of 1 -~3.1~.9 AMENDMENT #6 TO AGREEMENT NO. AG-C-070 BETWEEN THE CITY OF AUBURN AND PARAMETRIX RELATING TO PROJECT NO. C80320, FLOOD PLAIN MAPPING THIS AMENDMENT is made and entered into this ~_/day of , 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of shington (hereinafter referred to as the "CITY"), and Parametrix (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-070 executed on the 8th day of September, 1998, and amended by agreement dated the 27th day of December, 1999, and amended by agreement dated the 5th day of December, 2003, and amended by agreement dated the 7th day of January, 2005, and amended by agreement dated the 10th of January, 2006, and amended by agreement dated the 16th of February 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: See Exhibit A, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $24,675.00. The total contract is increased to $64,047.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-070 executed on the 8th day of September, 1998, 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. PARAMETRIX By: Authorized signature AUB o '- Peter B. Lewis, Mayor ATTEST (Optional): By: ~ M ~' Its: f ~t ,~ Approved as to form (Optional): Attorney for (Other Party) ATTEST: ~~ `-~ Danie E. Daskam, Auburn City Clerk AG-C-070 Amendment #6 Scope of Work City of Auburn CLOMR ESA Consultation The City of Auburn has requested a Conditional Letter of Map Revision (CLOMR) from FEMA. The CLOMR addresses changes to the Green River 100-year floodplain that are proposed by development within the CLOMR area and the adjacent Auburn Wetland Mitigation Project. Because of the CLOMR area's proximity to the Green River (RM 26-29) and the inclusion of the Auburn Wetland Mitigation Area it is appropriate to determine if there is a potential for the action to affect species listed under the ESA. ESA listed species are present in the Green River and the Green River has been designated as critical habitat for two of these species. This evaluation describes the basic habitats that could potentially be affected directly and indirectly, and their relation to ESA listed species and habitat supporting the ESA species. Parametrix was requested by The City of Auburn to prepare a scope and budget addressing the preparation of a Biological Evaluation (BE) to assist The City of Auburn with its obligations under Section 7 of the Endangered Species Act, as related to the CLOMR. This scope and budget cover the preparation of an informal BE to address impacts and effects on federally listed and proposed species and their habitat. The Parametrix team will conduct analyses, prepare the specified deliverables, and provide the other services identified in this scope of work. The specified analyses and deliverables will be based on a review of existing information, previous field investigations, and project information (project descriptions, maps, drawings) provided by The City of Auburn. The following describes the scope of work associated with each task. Task 01 -Project Management Purpose and Description The project management task includes time for regular communication with The City of Auburn project managers, Parametrix staff coordination, supervising contracting issues, managing the project budget and schedule, and ensuring that all deliverables to the City of Auburn are technically and grammatically accurate and that all project objectives for QA/QC are met. This task includes time for the preparation of monthly invoices and progress reports. Task 02 -Project Meetings Purpose and Description This Task includes attendance of Parametrix staff at up to four project related meetings. The meetings include internal and external Auburn project team meetings from August 2007 through January 2008, as well as one additional meeting with regulatory agencies. The anticipated number and type of Parametrix attended meetings, are as follows: Three meetings with City of Auburn project staff • One pre-BE meeting with USFWS, NOAA Fisheries, and City of Auburn. Assumptions Meeting time is limited to 4 hours per person (including travel). Task 03 -Prepare Draft BE Purpose and Description Parametrix will prepare the Draft BE for the project, which will include an evaluation of potential direct and indirect effects of the action on federally listed threatened, endangered, and proposed species and critical habitat. Parametrix will also complete the analysis of the environmental baseline, interrelated and interdependent actions, cumulative effects, and address Essential Fish Habitat (EFH). The BE will conform to requirements in the U.S. Fish and Wildlife Service (USFWS) Biological Assessment Preparation and Review (1999) standards and the National Marine Fisheries Service Guide to Preparing Biological Assessment (1999). Different or additional guidance documents can also be used at the request of City of Auburn or FEMA (prior to the start of BE preparation), although these may require scope and/or budget adjustments. Based on the current status of ESA listed and proposed species that may occur within the project area, it is anticipated that three listed fish species, the Puget Sound Evolutionary Significant Unit (ESU) of Chinook salmon (threatened), Puget Sound ESU of steelhead (threatened) and the Coastal-Puget Sound Distinct Population Segment (DPS) of bull trout (threatened) will be addressed in the BE, as will the effects of the project to designated critical habitat for the two species for which critical habitat has been designated. An effect determination for Chinook, coho, and pink salmon EFH will be made. Preparation of the BE will involve gathering and synthesizing existing information on the project area and species distribution/timing. This will include a review of Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species data, the Washington Department of Natural Resources Natural Heritage Database information regarding sensitive or threatened plant species that may occur in the area, the USFWS King County Species list, and the NOAA Fisheries web site. In addition, PARAMETRIX will use Internet and literature searches to gather information on fish and wildlife use of the project area and action area (i.e., WDFW regarding fish and wildlife use of the potential project area and vicinity). Parametrix will work with the City of Auburn to provide recommendations on apparent impact avoidance and minimization measures. Parametrix will prepare and electronically submit the Draft BE to City of Auburn, (see Attachment B for schedule). In order to prepare a thorough and complete BE. The City of Auburn is responsible for providing PARAMETRIX with a detailed description of the proposed action sufficient to complete the effects determination, including the following information: Information on stormwater treatment and detention specifications. Information on sensitive areas potentially impacted by the project (streams, stream buffers, and wetlands) including the presence, location, size, and type of these areas and the extent of the impacts from the project prior to beginning the draft BE. Deliverable(s) Subsequent of Notice to Proceed, Parametrix will provide the City of Auburn with a list of information needs, which the City of Auburn will provide. A complete Draft BE provided in a Word format. The Draft BE is estimated to be 50 to 90 pages in length. Assumptions • This scope and schedule is valid from the time we receive the Notice to Proceed through the end of 2008. The City of Auburn will provide detailed CLOMR information as described above. Parametrix will use the version of stormwater and noise guidance current at notice to proceed. • The action will not result in indirect effects that warrant detailed land use or traffic analysis of the action area. • Surveys for fish, wildlife, or rare plants are not included as part of this scope of work. Parametrix will not conduct wetland or OHWM delineation as part of this scope. Task 04 -Prepare Final BE The scope assumes that the City of Auburn and FEMA will have three weeks to review the Draft BE, and to provide Parametrix with a single consolidated set of review comments (spreadsheet format referencing page number and line number of comment or red-line strike-out). Subsequent to receiving consolidated City of Auburn/FEMA comments, Parametrix will revise the Draft BE, and produce a Final BE in both paper and electronic format (see Attachment B for schedule). Parametrix will provide the City of Auburn with a redline strikeout version of the Final BE. It is assumed that this task will involve clarification only, or expanded discussions of existing sections, and will not require wholesale revision, additional fieldwork, or new detailed analyses. Deliverables An electronic redline strikeout version of the Final BE, indicating PARAMETRIX edits. • Five (5) hardcopies of a complete Final BE provided in a Word format. Assumptions • The City of Auburn's CLOMR will not change prior to preparation of the Final BE. SCHEDULE A project schedule is provided as Attachment B. This scope and schedule is valid from the time we receive the Notice to Proceed through the end of 2008. The schedule includes estimated timing for the City of Auburn providing all project design details, as well as estimates of multiple the City of Auburn review periods. Cumulative schedule delays will result if the timeframes for project design information and/or the length of time for document review are exceeded. BUDGET PARAMETRIX will complete the above work for an estimated cost of $24,675. Costs will be invoiced on atime-and-materials basis in accordance with the Amended Auburn CLOMR contract. The attached EXCEL spreadsheet (Attachment A) provides the level of effort and estimated budget for each work task. BUDGET - CLOMR Biological Evaluation Editing, Stoney Word Don Jenna Friebel Bob Sullivan Compton Processin Weitkamp Stormwater QA1QC Graphics g STAFF TASK RATES $192.00 $116.16 $141.79 $89.09 $92.32 1 'Project Management and QA/QC 4 ' 4 ' (i 2 Meetings and Coordination 12 8 3 __ __ Identify Services Requirements 8 4 3 Review Data -Prepare Draft BE 40 8 _ _ 4 4 4 Prepare Final BE 32 4 _ 4 _ 2 __ Total 96 28 8 6 6 Item Quantity . _ Unit Mileage ....... 240 mile Printing, etc. TOTAL ESTIMATED COST Amendment No. 5 for Agreement No. AG-C-070 Parametrix Attachment A PROJECT SCHEDULE _r w_.~..__ nl ~1wA~ C:..1...,.:..~1 C..~1~~~4i~n I.rILy VI AuVU1n vwnn~ •+ vy.v MONTH/W EEK Jul Au ust September October November December Janua Task Task Description/ Sub-task Duration 3 4 1 2 3 4 - 1 2 3 4 - 1 2 3 4 - ----- 1 2 3 4 -_ - - 1 2 3 4 1 2 __-~ , 4 - - 1 Project Management 5.5 months 2 Project Meetings --- - AuburnStaff Meeting ' Pre-BE Meetin _ -__ 3 Prepare Draft BE 10 weeks - - - Site Visit I • ', ' Prepare BE 10 weeks -_ _. - - - - - ~i - Submit BE -- -~ _ - __ 4 Prepare Final BE 8 weeks - ~ ,_ __ - ' Auburn Review and Comment 3 weeks ' ' ' .Revise BE 6 weeks ' - --_ Submit BE - - - ~ - _ - - 5 Final BE Submittal 7 weeks - _ - __ _ Auburn Review submit to FEMA 3 weeks - ' _ - _ ' FEMA Review 4 weeks Submit BE to Services ~ ~- , 556-1931-006 City of Auburn CLOMR ESA Consultation July 2007 CIAi.JBt.JRN I Ol Peter E. Lewis, Mayor WAS H t N GTO N 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 October 25, 2013 Dean Dunlap Pro-Vac Clean Service 6622 112th Street East Puyallup, WA 98373 RE: Agreement No. AG-S-070 2013 Storm Filter Cleaning & Replacement Agreement Execution and Notice to Proceed Dear Mr. Dunlap: Enclosed please find an executed copy of the above-referenced Agreement. This letter serves as your Notice to Proceed. The work authorized under this agreement shall not exceed $14,946.75 and has a completion date of December 31, 2013. For the City's tracking and record keeping purposes, please reference AG-S-070 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 Public Works Department TC/ad/mh Enclosure cc: Dani Daskam, City Clerk (letter only) Tim Carlaw, Storm Drainage Engineer AG-S-070 \\aubutn12\building\ServiceAgreements\AG-S-070 Pro-Vac Storm Cleaning\AG-S-070 NTP.DOC AuRAN 4 MORE TI IAN YOU IMAGINED