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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 Agreement for Professional Services AG-C-288 July 27, 2007 Page 1 of 11 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 Agreement for Professional Services AG-C-288 July 27, 2007 Page 2 of 11 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, Agreement for Professional Services AG-C-288 July 27, 2007 Page 3 of 11 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: Agreement for Professional Services AG-C-288 July 27, 2007 Page 4 of 11 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: Agreement for Professional Services AG-C-288 July 27, 2007 Page 5 of 11 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 Agreement for Professional Services AG-C-288 July 27, 2007 Page 6 of 11 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; Agreement for Professional Services AG-C-288 July 27, 2007 Page 7 of 11 (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 Agreement for Professional Services AG-C-288 July 27, 2007 Page 8 of 11 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: Agreement for Professional Services AG-C-288 July 27, 2007 Page 9 of 11 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 Page 10 of 11 CITY O URN -- ,~ ~'~ ~- ~ ~ _ ... _ ._ ------ 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 Page 11 of 11 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 h~l W ]~ V 7 ~ C y ~ - O e H ~ a V C C O K ~ A C ' p. ~ i Pr F a~ A aQ~~ dd _~ I ~J~ I a,o1 ~-, ~ ~ o°o I~IIMi~N'~ ~ I. ~ 1C p' Q j M i V1 t` ~ R .oD 001 01.10 0~1 ~ ~ O ~ M r r N O pp O N M N Q1 Pis ~~~~.: ., ~'ds~.; ~ v~su~s a J'~ ~ b9 fA fig, (!9' bA JD ' Jo~~o~~ A~~ r l ~daoss?~ o 0o I o0 P ~ ~ p Oa, - ~_ I__ fi . __. 0 s fr9~~ ~'~, ' o N oo l' o N o~ ~~ ~v~ ~ a~ ~, ~ f- ~ _ _, I_ ~ s °.'~J serf o ~ ~ li I ~ ' ~~ ~l, ~ I '~ -T _... _ _'_ _ .-~ ? os o, ~ .~ •ro pP °~~90 ~ ._ >1J _ _I .. _~_ A~ ~ P~ ~ I r. P d O, •. ~aa ~a w ~ ~ ~' ~ ol~,N ,_., v N ~~P ~~~ I~ ~ ~ ~ ~~~~~VP O~Or I ~ OI ~ N~~ 'N O ~Jd~ H 'r0 ~ ~, i y __ _._ __ '" ~. i ~ ,~ ' ¢ z C ~ e' ~ ~ ~ ro o'a w '~ y F- z,m p ~ r ~ ~'> ~' W ~ P~ ~ I a'a c> 00.1 ~ ~ `~ E" ~ O ~ u: c~ ' w F^ /-~ Q t\ 'ZIF ~, G~o~c7w,'w cz7 ' o ~ 3 c7 W W F ~,~ o,~ ~ N ~ Z ~ ~ ~ ~ ~ ' ~ Q ~ W ~ Q a 01 H,~ W~ A W .a O~~ W ~" U ra w z ~ ;.a 1T1 j d ,~ C7 Z A p p ~~ W • .. o' Pa'o o ~ W.~" F a ~ ' ~" `~ j ~ Q"' ~ d ate. ~ A ~ ~ ¢ a. ° w a - r 1 A rl ^' ^-~ ~--' ~•-~ N N N N N fV (V ca :~ W N U O IN ~ ~ °°M°O o ~ M O i i ~ ~ N r N ~ p ~ ~' ~ ~ 6 9 . bNR ~ ~ b9 ': b14 ~. 0 - ~ o _ ~' ~~ ., sri ~ L o o. N ~ ~~ a ~ on I ~ O ~ M ~~ 0 ~ ~ H N ~ ._. ~ II y Q ¢o ~ ~ v Sx . o o ~ ' h . ~ Q N . .~"i 1p ' ' ON1 N ~ j U ro ° ~ ~ ~ E o .a ~ v Q .~ o M M ~ is '-~ ~ U '~ ~ ~ _- _~. _- - O %~ h ~ ~ ~ ~ M ~ C ~ ~ 0 0 c C .~ '~ . r Vl M ~ + e a L . L Ci "O ~ 0 C .^ ~ ~ ~ ~ _ ~ _ R > i . CQ ~ '~lr" O Pr i.7 ~ ti W E'~ ~"' ~ o o ~ ,..~ O~ M ~--I bR i f. _ O M ~ ~ N N D\ 69 ti ~ o ~ 0 a x ~, x .~ k, .l: 0.. 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