HomeMy WebLinkAboutHammond Collier Wade Linvingstone AG-C-288 - Closed 2/8/2011~3. 1 ~ •~
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-288
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
HAMMOND COLLIER WADE LIVINGSTONE, a Washington Corporation, whose
address is 7502 Lakewood Dr. W., Suite D, Lakewood, WA 98499, 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,
2008 and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a 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.
Compensation will be on a time and material basis, not to exceed $75,000.
Costs will be based on Exhibit B, which is attached hereto and by this reference made a
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July 27, 2007
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part of this Agreement. This total includes a Management Reserve Fund amount of
$14,500. Expenditure of Management Reserve Funds must be authorized by the CITY as
set forth in Section 4 of this Agreement.
The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached
Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto
and by this reference made a part of this Agreement. These charges may include, but are
not limited to the following items: outside reproduction fees, courier fees, subconsultant
fees, and materials and supplies. The billing for non-salary cost, directly identifiable with
the project, shall be submitted as an itemized listing of charges supported by copies of the
original bills, invoices, expense accounts and miscellaneous supporting data retained by the
CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY
upon request. All above charges must be necessary for the services provided under the
Agreement.
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 expended on such services or
work shall be authorized in writing under the Management Reserve Fund as detailed in
Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or
reimbursing the CONSULTANT for additional work beyond that already defined in this
Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending
any effort on such services, and shall not exceed $14,500. This fund may be replenished in
a subsequent supplemental agreement. Any changes requiring additional costs in excess
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of the Management Reserve Fund shall be negotiated and approved by the CITY prior to
any effort being expended on such services.
5. 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 of this Agreement
and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for
the subconsultant shall be substantiated in the same manner as outlined in Section 3. All
subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this
AGREEMENT.
6. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs, drawings,
specifications, reports and other services performed by the CONSULTANT under this
Agreement. The CONSULTANT shall, without additional compensation, correct or revise
any errors, omissions or other deficiencies in its plans, designs, drawings, specifications,
reports and other services required. The CONSULTANT shall perform its services to
conform to generally-accepted professional engineering standards and the requirements of
the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of,
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July 27, 2007
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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.
7. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials,
volunteers, and employees harmless from any and all claims, injuries, damages, losses, or
suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of
the CONSULTANT in performance of this Agreement, except for injuries or damages
caused by the sole negligence of the CITY.
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
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.
9. INSURANCE.
CONSULTANT 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 CONSULTANT, its
agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement 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:
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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 00 01 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, operations, independent
contractors, and personal injury and advertising injury, with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be
named as an insured under the CONSULTANT'S Commercial General Liability
insurance policy with respect to the work performed for the CITY using the
applicable ISO Additional Insured endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington. If the consultant is a sole proprietor, the parties agree
that Industrial Insurance would be required if the CONSULTANT had employees.
However, the parties agree that a CONSULTANT who has no employees would
not be required to have Worker's Compensation coverage.
d. Professional Liability insurance appropriate to the CONSULTANT'S profession,
with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate
limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General Liability
insurance:
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July 27, 2007
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a. The CONSULTANT'S insurance coverage shall be primary insurance as respects
the CITY. Any insurance, self insurance, or insurance pool coverage maintained
by the CITY shall be excess of the CONSULTANT'S insurance and shall not
contribute with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice
has been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-:VII.
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 required 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.
10. 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.
11. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information
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July 27, 2007
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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 (6) 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 provide 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.
12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within athree-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission or fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
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(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within athree-year period preceding this application/proposal had one
or more public transactions (federal, state, or local) terminated for cause or
default.
Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to
this proposal.
13. 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.
14. GENERAL PROVISIONS.
14.1. 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.
14.2. 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
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July 27, 2007
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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 herein.
14.3. In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that,' notwithstanding such dispute or
conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and responsibilities.
14.4. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with
respect to all covenants to this Agreement.
14.5. 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.
14.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorneys fees and
expenses and court costs shall be paid to the substantially prevailing party.
14.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
14.9. This Agreement shall be administered by Kenneth Gunther, PE, on behalf of
the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
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July 27, 2007
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City of Auburn
Attn: Fritz Timm, PE
25 W Main Street
Auburn WA 98001
Phone: 253.931.3010
Fax: 253. 931.3053
E-mail: ftimm@auburnwa.gov
Hammond Collier Wade Livingstone
Attn: Ken Gunther, PE
7502 Lakewood Dr. W., Suite D
Lakewood WA 98499
Phone: 253.472.1992
Fax: 253.472.6558
E-mail: kgunther@hcwl.com
14.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the United
States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if
mailed by certified mail, return receipt requested, and addressed to the 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.
14.11. 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.
Agreement for Professional Services AG-C-288
July 27, 2007
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CITY O URN --
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Peter B. Lewis, Mayor
Date AUG 1 4 2007
ATTEST:
Danielle E. Daskam, City Clerk
APPF~fV~p AS
Dan'lel B. Heid, City Attorney
HAMMOND COLLIER WADE
LIVINGSTONE, INC.
BY:
Federal Tax ID # ~ -~
Agreement for Professional Services AG-C-288
July 27, 2007
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EXHIBIT "A"
TO
PROFESSIONAL SERVICES AGREEMENT AG-C-288
BETWEEN
CITY OF AUBURN
AND
HAMMOND COLLIER WADE LIVINGSTONE
FOR
DOWNTOWN DRAINAGE WATER QUALITY FACILITY
PROTECT DESCRIPTION
The City of Auburn has requested professional engineering services to design a water quality facility that will treat
the stormwater runoff from the downtown basin.
The City currently has a site selected for the proposed facility. The site is roughly 4.6 acres in size and is relatively
flat. It is bound by Clay Street on the West, existing industrial development to the north, the interurban trail to the
west and an existing single family residence to the south. The area has a high water table and much of the site has
standing water on it during the wet season and is assumed to be classified as a category 4 "agricultural" wetland
currently encompasses the majority of the site. The wetland area impacted will require offsite mitigation to allow
use of the property for the proposed water quality facility. The. City of Auburn will utilize the Environmental Park
or another property for the mitigation site.
The scope of the improvements will include a water quality facility, two stormwater pumping stations, new force
main conveyance systems, and offsite wetland mitigation. The water quality facility will treat a portion of the water
discharging from the downtown drainage basin (Basin E). The facility will be designed to maximize the site with
aesthetic considerations for the pond layout. The treatment flow rate will be determined during design once pond
geometry has been established. The existing conveyance system is a conveyance ditch along the Union Pacific right-
of-way and flows in a northerly direction. The ditch is approximately at the same elevation as the site, providing
very little hydraulic grade for conveyance and water quality facilities. This along with the Union Pacific Railroad and
Interurban trail separating the ditch from the site requires the installation of a pumping system to convey the
stormwater to the treatment facility and then back to the ditch for discharge.
The project will be split into two phases, Phase I will be a preliminary design effort to establish design criteria
including pond area, volume, treatment flow rates, pump and force main sizing, pump station appurtenances,
wetland delineation, functional assessment, and permitting requirements. Phase II will be the development to final
PS&E including 100% design drawings, specifications and permitting of the proposed project improvements. This
scope of work consists of a detailed scope for Phase I and the anticipated Phase II scope. The Phase II scope will
be revisited at the completion of phase I.
PHASE 1-WETLAND DELINEATION AND FUNCTIONAL ASSESSMENT:
Hammond Collier has teamed with Landau and Associates to provide the required environmental permitting and
wetland mitigation. Hammond Collier will use the survey prepared by AHBL and supplement that work effort with
our survey of the wetland boundary and data plot locations to be delineated by Landau. Landau will provide HCWL
with a field sketch of the wetland and data plot flags and a brief memo describing their locations. Once the survey is
complete, Landau will review the wetland survey map to ensure that it accurately represents the existing wetland
boundary. AHBL's survey will be used for the design of the project improvements.
AG-C-288
Exhibit A
Page 1 of 10
Landau's scope of work also includes a wetland boundary delineation, a functional assessment of onsite wetland,
preparation of a wetland delineation and functional assessment report, and verification of the wetland boundary by
the City and the U.S. Army Corps of Engineers (USAGE).
Wetland Delineation
Prior to field work, we will compile and review environmental information from readily available public domain
resources to gain a general understanding of potential critical area issues at the site. Landau Associates biologist will
conduct a site visit to flag the boundaries of onsite wetland habitat using the methodology in the 1987 U.S. Army
Corps of Engineers (USAGE) Wetland Delineation Manual (USAGE 1987), supplemented with the USAGE Regional
Guidance letter on the 1987 Manual (USAGE 1994), and Ecology's Washington State Wetlands Identification and
Delineation Manual (Ecology 1997). We will provide advanced notice to the City of the delineation schedule so that
arrangements for access to the site can be made.
The field investigation will include investigation of soil, vegetation, and hydrology conditions on the site. Flagging
will be placed only within the site. Any wetland habitat that extends beyond the property boundaries will be
estimated, both visually and using public domain critical area maps, in order to assess wetland extent. The onsite
wetland will be rated using the Washington State Wetland Kating System for Western Washington (Hruby 2004) and buffers
will be determined in compliance with the Auburn City Code (ACC), Chapter 16.10 Critical Areas. This task will
determine wetland boundaries and their buffers; supported by field notes, data forms, and photographs.
Functional Assessment
The Washington State Department of Transportation (WSDOT) Wetland Function Best Professional Judgment
(BPD) Tool will be used to complete a functional assessment for each wetland on the site. The BPJ tool
characterizes wetland functions for flood flow alteration; sediment removal; nutrient and toxicant removal; erosion
control, organic matter production and export; and habitat for invertebrates, amphibians; mammals; and birds. This
qualitative assessment was chosen as a cost effective methodology that can provide the City and other regulatory
agencies with the level of information needed for preliminary design and planning.
Verification
Landau Associates will request a Preliminary Jurisdictional Determination (PJD) in which the USAGE will determine
if it will regulate the wetland under the Clean Water Act. Landau Associates will make this request via submission of
a Joint Aquatic Resources Permit Application (DARPA) to the Corps. A Landau Associates wetland biologist will
then meet onsite with the Corps representative and provide information as needed on vegetation, soils, and
hydrologic data collected during the wetland delineation for the Corps to determine whether onsite wetlands are
"isolated" from or "adjacent" to "waters of the U.S," which would fall under the Corps' jurisdiction. The Corps
typically takes 1 to 3 months to set up a site visit for a PJD. Landau Associates will prepare a technical
memorandum documenting the outcome of this field meeting. Based on existing data we expect that the wetland
will be considered jurisdictional by the USAGE.
Landau Associates will also request a verification of the wetland boundary and wetland rating by a City of Auburn
Wetland Biologist or their designated contractor. Verification by the city will ensure compliance with the ACC
critical areas ordinance and assist in streamlining the permitting process. We assume that a site visit with both City
staff and the USAGE can be conducted concurrently.
Wetland Delineation and Functional Assessment Report
A wetland delineation and functional assessment report will be prepared in a format acceptable to the City and other
regulating agencies. The report will include:
AG-C-288
Exhibit A
Page 2 of 10
• A discussion of the methodology used for delineation
• A general site condition description, including identified wetlands
• The size and rating of each wetland; a characterization of wetland vegetation, soil, and hydrology;
field data sheets; and wetland rating forms
• A discussion of wetland functions using the WSDOT BPJ tool
• A scaled site map showing the location of the wetland boundaries and wetland buffers, locations of
wetland sample plots, and site topography.
Information in this report can be used to provide complete information regarding natural resource elements on the
site and can be used as a background document for permitting requirements and for state Environmental Policy Act
(SEPA) requirements.
Time has been included in this scope to allow for review and comment on the draft report by the City. Comments
will be reviewed and incorporated into the final wetland delineation report
Preliminary Design Report with Permitting and Mitigation Analysis
A preliminary design report will be completed outlining wetland impacts and the mitigation and permitting
requirements for the project. The report will be produced following the wetland delineation and a preliminary
design of the facility by Hammond Collier. The Preliminary Design report will discuss the detention pond capacity,
treatment capabilities of various treatment trains, force main sizing, pump selection, pump station appurtenances,
proposed siting of the facilities, source and service location of electrical power, along with design exhibits showing
plan view and cross sections. The report will also layout the procedures for permitting and design criteria for
crossing the railroad right-of way and the interurban trail. A geotechnical investigation will be performed consisting
of two borings, one for each pump station. A technical memo will be provided and will discuss construction issues
such as dewatering, bearing capacity, and uplift forces. The sections below outline wetland related permitting and
mitigation analysis that will be included in the preliminary design memo.
As part of the preliminary design report, Landau Associates will prepare a matrix describing the required permits
and documentation. The matrix will also include approximate time frames required to complete the necessary
documentation and obtain each of the permits. Based on existing data we anticipate that local critical areas review
and a USACE individual permit will be required to complete the project.
An analysis of mitigation options and required ratios will be completed as part of the preliminary design. The
mitigation analysis is intended to provide the City with a means of exploring their options for mitigating impacts to
the existing wetland.
SCHEDULE:
Hammond Collier and Landau Associates will begin the project immediately upon notice to proceed. It is
anticipated that the environmental permitting process required for the project will take approximately 18 months. It
is anticipated that construction of the facilities will occur in the summer of 2009.
AG-C-288
Exhibit A
Page 3 of 10
PHASE I -PROJECT TASKS OUTLINE
Task No. 1-PROJECT MANAGEMENT
1.1 Coordination with the City to ensure work is completed timely and within budget. Monthly
statements of progress will be prepared summarizing the project status, work performed, staff
utilized, billing rate, fees invoiced, and remaining budget.
1.2 Quality assurance and quality control (QA/QC) will be provided as part of this subtask.
Deliverables will be reviewed in-house to ensure quality and accuracy of the final deliverable.
1.3 Formal project meetings will be held with the City to discuss deliverables and solicit review
comments. Project meetings will consist of completion of the preliminary design effort.
Task No. 2 -DESIGN DEVELOPMENT
2.1 Wetland delineation and functional assessment
Wetland delineation
Functional Assessment
Survey of wetlands
Verification
2.2 Wetland delineation and functional assessment report
2.3 Acquisition of Boundary and Topographical Survey and Base mapping.
2.4 Preliminary Design Report
Permitting analysis
Mitigation analysis
Design Analysis
Pond volumes
Treatment chain
Establish pond geometry
Determine appropriate treatment flow rates
Select pumps and size force mains
Pump Station Power Source & Service Location
Pump station appurtenances
Facilities Siting and Geotechnical needs
Permitting requirements
2.5 Prepare 30% plans and cost estimate for the proposed improvements.
2.6 Estimate the level of treatment to be obtained by the facility.
2.6 Attend a preliminary design review meeting with the City of Auburn (2 meetings)
Assumptions:
• The stormwater will need to be pumped into the pond, pond geometry will include 3 cells, 1
presettling cell and two treatment cells.
• Survey will be limited to delineating wetland boundaries on subject site. Boundary and
Topographic Survey mapping prepared by AHBL will be provided to Hammond Collier in
AUTOcad format.
The design report will be a determining factor in proceeding with final design of the facilities in
Phase 2.
• The pump station will be within either City or Union Pacific Railroad Right of way.
City Responsibilities:
• City to review the preliminary design reports and provide review comments.
• City to provide AUTOcad files of boundary and topographical survey.
AG-C-288
Exhibit A
Page 4 of 10
Deliverables:
Three (3) copies of the Preliminary Design Report including Wetland Delineation and Functional
Assessment Report.
Construction cost estimates at 30%.
• Three (3) copies of 11" x 17" 30% plans to City.
PHASE II -DESIGN DEVELOPMENT AND PERMITTING (NOT IN CURRENT CONTRACT)
This portion of the scope is for informational purposes only and may need to be supplemented according to the
findings made in Phase I of the project.
Facilities Design
Based on the Preliminary Design Report and preliminary design analysis Hammond Collier will complete final
PS&E documents. The final design will include telemetry for the pump station as well as capability for mobile
generator back up. The final PS&E documents will include permitting with the railroad and interurban trail as well
as acquisition of easements. An operations and maintenance plan will be prepared for the facilities incorporating
manufacturers' O&M literature.
Constructed Stormwater Wetland Design
Based on design specification set forth by HCWL and the Ciry, Landau Associates will prepare a planting plan for
the constructed Stormwater wetland. The planting plan will be incorporated into the final design plans. The
planting plan will consist of several types of plant associations with specific species composition, spacing, and
seeding information. Plant associations will include species that will provide stormwater quality improvement
through removal of toxins and sediment. Potential plants include sedges, rushes, wetland associated grasses, and
low-lying shrub species.
The final design may incorporate several cells or compartments to the wetland to provide sediment removal and
water quality treatment. Annual maintenance of they system may be required to remove invasive species such as
Reed canary grass and cattail. However, the overall goal will be to create a system that requires minimal
maintenance. A construction and maintenance plan will be prepared to accompany the planting plan.
The site is currently occupied by a dense stand of Reed canary grass. Reed canary grass is an invasive species and
considered one of the most difficult species to eradicate. Completely eradicating Reed canary grass from the site
would be difficult if not impossible. However, Landau Associates will work with the city and the design engineers
to create a plan and a design that will initially remove Reed canary grass from the site and control it over the long
term. Reed canary grass control will be addressed in the construction and maintenance plan.
Wetland Mitigation Plan
Landau Associates will prepare a wetland mitigation plan for the planned Stormwater facility. Amore defined scope
for the wetland mitigation plan can be prepared upon completion of the wetland delineation and a preliminary
design for the constructed Stormwater wetland. Based on our conversations with the City it is our understanding
that mitigation for the stormwater facility can be completed on a portion of the Auburn Environmental Park (AEP)
property, parcel number 1221049013. Mitigation is expected to consist of wetland enhancement at the AEP
property. The wetland mitigation plan will include a discussion of mitigation requirements for both federal and the
City of Auburn, a discussion of mitigation sequencing, a functional assessment of both the constructed stormwater
wetland and the compensatory mitigation site, goals and objective, performance standards, and monitoring and
contingency plans
AG-C-288
Exhibit A
Page 5 of 10
Permits and Easements
The extent of this task cannot be fully determined until a preliminary design has been completed and the cost
estimate provided for this task should be considered preliminary. However, we assume that at a minimum the
project will require permits and easements from the Union Pacific Railroad and King County Parks(Interurban Trail)
with in the Puget Sound Energy Right of way and permits from USACE for dredge/fill of wetlands and local critical
areas review by the City. USACE permits carry additional requirements for environmental documentation including
a Biological Evaluation, Essential Fish Habitat Evaluation, and Cultural Resources Assessment. Subtasks to
complete the environmental documentation are discussed below.
Both the critical areas review by the City and the USACE permit will require a wetland mitigation plan. Landau
Associates will complete a wetland mitigation plan and accompanying wetland delineation report. Additionally,
Landau Associates will complete a Joint Aquatic Resources Permit Application (DARPA). The DARPA will be
submitted to the USACE along with the appropriate documentation. We assume that HCWL will complete a SEPA
Checklist for the project and Landau Associates will provide biological and wetlands information as required on the
SEPA Checklist.
Once permit applications have been submitted to the agencies, time will be required to respond to any questions,
comments, or additional information that the agencies may require. Time has been included to respond to agency
questions, comments, and request during this period. The proposal assumes that the USACE will require an
individual permit. The approximate processing time for a individual permit is 12 to 18 months. If the permit
requirements for this project differ from the assumptions in this proposal, a new cost estimate will be provided to
the City for their approval prior to moving forward with the project.
Assumptions:
• Approximately 8 hours per month will be required to respond to questions and follow-up with the local
and federal agencies after the permit packages has been submitted. The duration is assumed to be 12
months from the time the permit package is submitted.
• NEPA will be completed by the Corps of Engineers.
• All permit fees will be paid by the Ciry.
• City of Auburn Permits will be acquired by the City
• Pharos Corp will be subcontracted to Acquire Easements
• Obtain Title Reports and prepare legal description of easements (2) PSE and UPRR
Biological Evaluation (BE) and Essential Fish Habitat Evaluation (EFH)
A Biological Evaluation (BE) will be prepared for project impacts on species listed and proposed as threatened
under the Endangered Species Act. An assessment of project impacts on EFH as required by the Magnuson-Stevens
Act will be prepared as and appendix to the BE. We will obtain updated species lists from the federal agency web
sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife
priority habitats and species database. We will obtain the list of threatened and endangered plants from the
Department of Natural Resources Natural Heritage Data for King County. Evaluation of specific project details
such as construction techniques and equipment used, timing of construction, temporary sediment and erosion
control measures, and best management practices will be based on information developed by the design engineer.
We will prepare a draft BE and EFH for review and comment by City prior to completion of the final document.
Assumptions:
• Project impacts will only require a discussion of Puget Sound Chinook salmon, Coastal-Puget Sound
bull trout, designated critical habitat for these two species, Puget Sound steelhead, and bald eagle in this
evaluation.
• The project will have no effect (NE) or may affect, not likely to adversely affect (NLAA) on listed
species or their designated critical habitat.
• No formal Section 7 consultation will be required
AG-C-288
Exhibit A
Page 6 of 10
• We assume that no meetings with US Fish and Wildlife Services or NOAA Fisheries will be required
Cultural Resources
To fulfill cultural resources requirements of the USACE permit, we will conduct the required National Historic
Preservation Act Section 106 Cultural Resources Survey. Work will consist of the following tasks necessary to
comply with Section 106.
• Conduct a background search to identify known cultural resources within the project area of potential
effect (APE) and assess the potential for the APE to contain cultural resources
• Conduct a pedestrian field reconnaissance to complete the assessment of the potential for the APE to
contain cultural resources
• Prepare a technical memorandum of findings with recommendations for additional field work and/or
archaeological monitoring during construction.
Assumptions:
• No historic structures, archeological sites, or human burials are located on either the on-site project area
or the off-site mitigation area.
• Subsurface probes of the area will not be required.
AG-C-288
Exhibit A
Page 7 of 10
PHASE II -PROJECT TASKS OUTLINE (NOT IN CURRENT CONTRACT)
Task No. 1-PROJECT MANAGEMENT
1.1 Coordination with the City to ensure work is completed timely and within budget. Monthly
statements of progress will be prepared summarizing the project status, fees invoiced, and
remaining budget.
1.2 Quality assurance and quality control (QA/QC) will be provided as part of this subtask.
Deliverables will be reviewed in-house to ensure quality and accuracy of the final deliverable.
1.3 Formal project meetings will be held with the City to discuss deliverables and solicit review
comments. Project meetings will consist of completion and submittal of 60% construction plans,
and completion and submittal of 90% construction plans, specifications and engineer's estimate.
Task No. 2 - STORMWATER WETLAND DESIGN
2.1 Prepare Stormwater Wetland Design Plan including:
Horizontal and Vertical Geometrics
Contour Lines and Spot Elevations
Structures
Planting Plan Sheet
Deliverables:
• One (1) reproducible plan sheet of geometrics and One (1)reproducible Planting Plan Sheet
2.2 Prepare Wetlands Mitigation Plan
Wetland enhancements at AEP property
Written discussion of mitigation requiremnts
Written discussion of mitigation sequence
Establish Performance Standards
Deliverables:
• Three (3) copies of the Wetland Mitigation Plan
Task No. 3 -PERMITTING
Comply with environmental regulations
3.1 Prepare SEPA Checklist for submission to City.
3.2 Prepare DARPA
3.3 Prepare the Biological Evaluation and Essential Fish Habitat assessment.
3.4 Cultural Resources
3.5 Incorporate review comments into plans and specifications.
Assumptions:
• The Auburn Environmental Park will be used as the wetland mitigation site.
• NEPA will be completed by the Corps of Engineers
• Approximately 8 hours per month will be required to respond to questions and follow-up with the
local and federal agencies after the permit packages has been submitted. The duration is assumed
to be 12 months from the time the permit package is submitted.
• Project impacts will only require a discussion of Puget Sound Chinook salmon, Coastal-Puget
Sound bull trout, designated critical habitat for these two species, Puget Sound steelhead, and bald
eagle in this evaluation.
AG-C-288
Exhibit A
Page 8 of 10
• The project will have no effect (NE) or may affect, not likely to adversely affect (NLAA) on listed
species or their designated critical habitat.
• No formal Section 7 consultation will be required.
• No meetings with US Fish and Wildlife Services or NOAA Fisheries will be required.
• No historic structures, archeological sites, or human burials are located on either the on-site project
area or the off-site mitigation area.
• Subsurface probes will not be required.
City Responsibilities:
• City will process SEPA.
• City to pay all permit application processing fees.
Deliverables:
• Three (3) copies of the Biological Assessment
• Three (3) copies of the Cultural Resources Report
Task No. 4 -RAILROAD AND TRAIL COORDINATION
4.1 Coordinate with Union Pacific and submit application for railroad right-of--way permit and
easements. Hammond Collier will acquire Title reports and prepare legal description for
easements.
4.2 Coordinate with King County Parks and submit application for Interurban Trail right-of--way
permit and Puget Sound Energy for easement.
Assumptions:
• Pharos Corp. will be retained to acquire easements.
City Responsibilities:
• Ciry to pay all permit application processing fees.
Deliverables:
Task No. 5 -FINAL ENGINEERING
5.1 Water quality pond design
5.2 Pump station design
5.3 Prepare 90% PS&E
5.4 City and Agency Review of 90% PS&E
5.5 Incorporate review comments and finalize 100% PS&E
5.6 Final City Review
5.7 Issue Bid Documents to City
Assumptions:
• Two pump stations will be required to pump the stormwater to the water quality pond and then
back to the roadside ditch.
• ACRD layering will conform to Hammond Collier formatting standards consistent with APWA
formatting standards.
• Special Provisions will be based on the APWA/WSDOT Standard Specifications format.
City Responsibilities:
• Ciry to provide their most current electronic "Boiler Plate" for contract forms, certificates, general
conditions, special provisions and standard plans.
AG-C-288
Exhibit A
Page 9 of 10
Deliverables:
• Three (3) copies of the 60% PS&E 22"x34" Plans
• Three (3) copies of the 90% PS&E 22"x34" Plans
• Three (3) copies of the 100% PS&E 22"x34" Plans
• One (1) reproducible copy and electronic copy (pdf format) of Final Bid documents 22" x 34"
plans and project manuals to City.
Task No. G -BIDDING ASSISTANCE
6.1 Provide interpretations and clarifications for plans and specifications during bidding. Provide
written response to be included in addendum summarizing questions and responses for all bidders.
Preparation of one (1) addendum as necessary to clarify or correct contract documents.
6.2 Attend Bid Opening
Assumptions:
• A pre-bid walk-through is not necessary.
City Responsibilities:
• The City of Auburn to distribute construction documents to contractors, subcontractors, material
suppliers and plan centers.
• The City of Auburn will advertise call for bids.
• The City of Auburn to review bid documents, prepare bid tabulation (if necessary) and prepare
contracts for execution.
Deliverables:
• Prepare up to one (1) Addenda, if needed.
AG-C-288
Exhibit A
Page 10 of 10
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EXHIBIT C
DIRECT NON-SALARY REIMBURSABLE EXPENSES
• Outside Reproduction Fees
• Courier Fees
• Subconsultant Fees
• Materials and Supplies
• Mileage at $0.485/mile or the current approved IRS rate.
It is understood that all reimbursements are at cost and will be marked-up 10%.
Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts
with other consultants, such as appraisers and/or environmental consultants, etc. If
approved, the CITY shall reimburse the CONSULTANT for the actual cost of the
subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead
expense associated with the Subcontract.
Exhibit C
Agreement No. AG-C-288
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 completed, percent
completed during the billing period and completion along with funding status.
• Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10).
• Invoice date.
• Period of time invoice covers.
• Consultant Agreement # (i.e.: AG-C-115).
• Project number(s) listed (i.e.: PR562).
• CITY'S project manager listed.
• The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
right-of-way, or construction) or task order number.
• Direct salary (base salaries)
• Indirect salary (benefits)
• Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires
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) (i.e.: 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-288
Page 1 of 2
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 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 Hourl Rate Amount
Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00
Carla Maker, Architect 5 $ 72.00 $ 144.00
Joe Smith, Word Processin 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Ex enses see attached documentation Char es Multi lier Amount
Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90
Consultant Ex enses Subtotal $ 72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant Hours Hourl Rate Amount
ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00
Electrical Consultin ,Electrical En ineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00
Movin Com an ,Movin Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multi lier $ 2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
CONTRACT BREAKDOWN
$ 2,860,00
$ 3, 681.49
Task Amount
Authorized
Prior Invoiced
This Invoice Totallnvoiced
To Date %
Ex ended %
Com leted Amount
Remainin
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 the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-288
Page 2 of 2
2 . -1
AMENDMENT #1 TO AGREEMENT NO. AG-C-288 BETWEEN THE
CITY OF AUBURN AND HAMMOND COLLIER WADE LIVINGSTONE, INC.
THIS AMENDMENT is made and entered into this 31st day of December, 2008, by
and befinreen the CITY OF AUBURN, a municipal corporation of the State of
Washington (hereinafter referred to as the "CITY"), and HAMMOND COLLIER WADE
LIVINGSTONE, INC. (hereinafter referred to as the "CONSULTANT") as an
Amendment to the Agreement befinreen the parties for AG-C-288 executed on the 14tn
day of August, 2007.
The changes to the agreement are described as follows:
CONTRACT TERM: The term of the Agreement for Professional Services is
extended to December 31, 2009.
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-288 executed on the 14t" day of August, 2007, 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.
LI
B,
ATTEST (Optional):
By:
Its:
Approved as to form (Optional):
Attorney for (Other Parly)
CITY OF AUBURN
~
. . _
.
Pete B. Lewis, Mayor
ATTEST:
Danielle E. Daskam, Auburn City Clerk
Approved as to form:
naniel B. eid, Auburn City Attorney
Amendment No. 1 for Agreement No. AG-C-288
Hammond Collier Wade Livingstone, Inc.
Page 1 of 1
HAMMOND COLLIER WADE
AMENDMENT #2 TO AGREEMENT NO. AG-C-288 BETWEEN
THE CITY OF AUBURN AND HAMMOND COLLIER WADE LIVINGSTONE
RELATING TO PROJECT NO. C518A, DOWNTOWN STORM DRAINAGE WATER
QUALITY FACILITY
THIS AMENDMENT is made and entered into this -y: day of_ZL~?,oo2Xe,1-,, 2001:~,
by and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and Hammond Collier Wade Livingstone (hereinafter
referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties
for AG-C-288 executed on the 14th day of August 2007, and amended by agreement dated 31s'
day 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 in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original agreement
or subsequent amendments
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-288 executed on the 14th day of August 2007, 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.
HAMMOND C IER WAD LIVINGSTONE CITY F
/
By:
Au rized signature Peter B. Lewis, Mayor
ATTEST (Optional): ATTEST:
By: X-)&~
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): App~" as t .
1 11
~
Attorney for (Other Party) ie . Hei ,"Auburn i y torney
Amendment No. 2 for Agreement No. AG-C-288
Hammond Collier Wade Livingstone
Page 1 of 1
CITY OF
T T Pe
ter B. Lewis, Mayor
BURN
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
February 8, 2011
Kenneth Gunther, P.E.
Hammond Collier Wade Livingstone
4010 Stone Way North, Suite 300
Seattle, WA 98103
RE: Agreement for Professional Services, AG-C-288
2009 Downtown Storm Drainage Water Quality Facility
Dear Mr. Gunther:
This letter is to inform you that the above-referenced Agreement for Professional Services
is being closed at this time. Our records indicate that we processed the final payment for
this agreement on February 1, 2010 for invoice #07-17568 in the amount of $10,203.50.
If you feel that this Agreement for Professional Services should not be closed, or if there
are any outstanding invoices, please inform me by February 21, 2011.
Thank you for your firm's professional services in work related to the Downtown Storm
Drainage Water Quality Facility project. If you should have any questions, feel free to
give me a call at 253.931.4013.
Sincerely,
Leah Dunsdon, P.E.
Project Engineer
Department of Public Works
LD/ja/hg
cc: Dani Daskam, City Clerk
AG-C-288
AUBURN* MORE THAN YOU IMAGINED