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
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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
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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