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HomeMy WebLinkAbout4628RESOLUTION NO. 4 6 2 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH REID MIDDLETON TO ASSIST THE CITY AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, the City is engaged in or readying itself to be engaged in its project of Auburn Municipal Airport storm drainage inventory, and is in need of services of individuals, employees or firms for engineering services on said project; and WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS. Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services with Reid Middleton for the purpose of engineering services for the Auburn Municipal Airport Taxiway Improvements, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4628 August 2, 2010 Page 1 of 2 Section 2. The Mayor is hereby authorized to implement administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. ~P Dated and Signed this day of 2010. CITY F U N ~ PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROV-EID AS TO FORM: aniel . Heid, City Attorney Resolution No. 4628 August 2, 2010 Page 2 of 2 CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES Auburn Municipal Airport Drainage Inventory ~ THIS AGREEMENT made and entered into on this day of ~ , 20k , by and between the City of Auburn, a municipal corporation of the State Washington, hereinafter referred to as "City" and Reid Middleton, hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of Auburn Municipal Airport storm drainage inventory, and is in need of services of individuals, employees or firms for engineering services on said project; and, WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a"task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter., the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. The consultant agrees to pay each subconsultant under this agreement for satisfactory performance of its contract no later than 45 days from the receipt of each payment the consultant receives from the City. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the scheduling provided within the Scope of Work Exhibit "A1" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date hereof, and shall terminate upon completion of the performance of the scope of work and the schedule provided in Exhibit "A" attached hereto or on January 29, 2011 , whichever comes first, unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Access to Records and Reports. The consultant shall maintain an acceptable cost accounting system. The consultant agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the consultant which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts and transcriptions. The consultant agrees to maintain all books, records and reports required under this agreement for a period of not less than three years after final payment is made and all pending matters are closed. 11. Continuation of Performance. 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. 12. Administration of Agreement. This Agreement shall be administered by, Don Barclay, P.E. 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: City of Auburn Consultant Auburn City Hall Reid Middleton, Inc 25 West Main 728 134t" Street SW Auburn, WA 98001-4998 Suite 200 (253) 931-3000 FAX (253) 931-3053 Everett, WA 98204 (425) 741-3800 Fax 425 741-3900 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person ar deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. 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. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. 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, with minimum liability limits of $1,000,000 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1,000,000. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 15. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assiiznment• Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination, Breach, and Suspension. Any violation or breach of terms of this agreement on the part of the Consultant or Consultant's subconsultants may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the parties of this Agreement. The duties and obligations imposed by this Agreement, and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. a. The City may, upon not less than seven (7) days written notice, terminate this agreement in whole or in part at any time, either for the City's convenience or because of the Consultant's failure to fulfill the agreement's obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this agreement, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the agreement price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. The Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereo£ c. If the termination is due to failure to fulfill the consultant's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the consultant shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill consultant's obligations under this agreement, it is determined that the consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the agreement price shall be made as provided in subsection 18(b). e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. £ The Consultant may terminate this Agreement upon thirty (30) days written notice to the City if the City fails to substantially perform in accordance with the terms of this Agreement through no fault of the Consultant. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailin Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Nondiscrimination. The Consultant or subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as the City deems appropriate. 23. Nondiscrimination in Subcontracting and Procurements. During the performance of this agreement, the Consultant, for itself, its assignees and successors in interest (for purposes of this Section 23, hereinafter referred to collectively as the "Consultant") agrees as follows: a. Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter "Regulations"), which are herein incorporated by reference and made a part of this Agreement. b. Nondiscrimination. The Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subconsultants, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: i. Withholding of payments to the Consultant under the agreement until the Consultant complies, and/or ii. Cancellation, termination, or suspension of the agreement, in whole or in part. f. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs (a) through (e) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the City to enter into such litigation to protect the interests of the City and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. g. The Consultant assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Consultant from the proposal submission period through the completion of the Agreement. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 24. Lobbvin.g and Influencing Federal Emplovees. a. No Federal appropriated funds shall be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the consultant shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 25. Right to Inventions. All rights to inventions and materials generated under this agreement are subject to regulations issued by the FAA and the City. 26. Trade Restriction. a. The Consultant, by execution of this Agreement, certifies that it: i. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); ii. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; iii. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. b. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no agreement shall be awarded to a consultant or subconsultant who is unable to certify to the above. If the Consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the City cancellation of the agreement at no cost to the Government. c. Further, the consultant agrees that, if awarded an agreement resulting from this solicitation, it will incorporate this provision for certification without modification in each agreement and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subconsultant unless it has knowledge that the certification is erroneous. d. The Consultant shall provide immediate written notice to the City if the Consultant learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The subconsultant agrees to provide written notice to the consultant if at any time it learns that its certification was erroneous by reason of changed circumstances. e. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the City cancellation of the agreement or subcontract for default at no cost to the Government. £ Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. g. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 27. Certification Regarding Debarment Suspension Ineli ig bility and Voluntarv Exclusion. The Consultant certifies, by acceptance of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by this Agreement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this agreement. 28. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 29. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 30. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. 74AUSB=: CONSULTANT Peter B. Lewis, Mayor Name: Title: Attest: ~ C dt, Danielle E. Daskam City Clerk Approv a o form: ~ Damel B. Heid, City Attorney Attachments: Exhibit A- Scope of Work Exhibit B - Compensation STATE OF WASHINGTON COUNTY OF ) ) ss. ) ON THIS day of , 200 , before me, personally appeared and , to me known to be the and of the Consultant, the corporation/company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GNEN under my hand and official seal this day of , 200 NOTARY PUBLIC in Washington, residing at _ My Commission Expires: and for the State of Exhibit A- Scope of Work. Reid Middletoii, Lic. Scope of Services AUT3URiV MUNICIPAL AIRPORT DRAiiVAGi; iNVENTORY ,Iunc 22, 2010 Reid Middleton wili provide professional civi( engineering And land stirveying services for the Auburn Mtuiicipat Airport Drninage invenYOry. 'I'he foliowing engineering atid lAnd surveying seivices (SL"RVICES) will be provided: I. INFORMATION GATHERING, RESE, ARCH, SYSTCM [NVENTORY, & SXS'TEiY1 MAl'1'Ie\'G 1.1. Projecl Niatiaizement - Provide inteiyiai coordination and administration #o movc the project through the SERVFCES. 1.2. ONQC - Provide quality assurance review of the SERVICES. 1,3. CoorJinat'son widi the Airpott - Provide communication necessary to faciGtate the contplelion of the SF.RVICES. 1.4. Project ApMuach Plan, Prepare an actioit plan and approach to the project to guide and faci]itate esecution of the SERVICES. I.S. Internai Kick-off Meeft Cnnduct a one-hour meeting to f jmiliarize teain meuibers with the project. 1.6. Arcliive Caordination witli Ciiy and Airport - Connnunicatioit nccessary to coordinate access nnd availability of past siie p11ns and records. . 1.7. Research and Review Reid Micldteton A.rchives - SearcEi for and eompile records within Reid Middlcton archives that 4vi11 providc infounation on cxisting storm drainage systems atid features. I.S. Research ancf Review C'tty and Aiipart Archives - Search for and compile City and Airpori records that will provide infonnation on existing storm drainage system atid features. 1.9. Intcrvictivs - InfervieNv Aiipart staff, City staff, aild otliers that caii contribute informutioi3 concerriing thc storm drainngc system and fcatures. Auburn Municipal Airport Scope of Services Drainage fnventory . Page I of3 3une 22, 2010 1.10. Compile Preliminary Compositc Map 1.10.1. Devetop a composite map in AutoCAD 2007 digtta) format based on the drawings of records and other information obtained from oral intervtews. Thc map will be a schematic stick fgure of Qie storm drainage systetn and will be labeled with pipe diameters and material typc wherc thc information is avaitable on thc record drawings. The objectivrs of the mapping is to provide a generat depictton of thc over a!I storm sewcr systein. The map will comply with mapping stazidards provtded by the Airport prior to prepariatg thc map. 'rhe composite map will be on NAVD88 vertical datum and State Plane Coordinates. 7'lie map accurucy and precision will vary considcrabiy depending on the sottrce of Infomiation use.d and the errors inherent froin assembling a composite map from numerous drawings of record. 1. 10.2. Perform ground surveys required to translate and rotate drawjngs of record to NAVD88 vertical dacum and State Plane Coord{natcs. Work tasks inctude; 1.10.2.1. Yertical Datum Controt Survey -Establish a survey cantrot network on NAVD88 dat►tm at thc Airport using GYS or conveniional surveying techniques. The conlroi neiwork will be used to assist in transiating the vcrtical datum of record drawings to NAVD88 datum. 1.10.2.2. HorizonFal Datum Control Survev - Establish a survcy conirol network on State P3anc Coordinates at the Airport using OPS or conventional seirveying teehniques. The control network will be uscd to assist _ in trxnslating the horizontal datum of record dcawings to State Plane Coordinates. 1.10.2.3. Radial Cirouqd Sucvex - Pcrform a radial ground survey of select surface feaiures as needed to provicle the aQpropriate rotution and translat{on of the record drawiiigs to State Plane Coordinates and NAVD88 datums. 1.10.2.4. Survey MaR - Prepare a survey map showing the horizontat and vertical control surveys, and radial ground survcy. The map will be used to assist wiEh assembling the composite storm drainage map for the Airport. Existing sigaificant features of the airfield development (e.g. runway, buildfngs, and roads) may Aubum Municipa[ AirpoH Scope of Servicas Drainage Inventory Pxge 2 of 8 June 22,2010 be shown kcrecned back on thc drawing to assist in otlenting the survey informatlon shown to the site. The screened back features wili be shown for reference and their location may not be at the precision or accuracy of actual survey information. The scale of the tnap will be seiected prior to baginning preparation of the map. 1.13. Storm Dralnan Structure and Pipe Numbcring Svstem - Develop A numberIng system for the storm dcainage system stcuctures and pipes. 1lie numbering system wiIl be used on the compostte map to label the pipes and structuces. 1.12. Field Ch,eck Preliniinary Composite Map - Perform three site visits !o vec3f~ storm drainage systems and features dapicted on the composite map. Items abserved in thc tietd that are not on the draft map wAl be addcd by esdmating and sketching relative to existing features appearing on the map and in the fteld. No field ineasurements will be made. 1.13. Prepare Survcy Reaues.t - Prepare a list of items that will require fieid surveying to provide eIevations and tocations. "I'he field surveying and mapping required will be provided under a separate work task (see Task 3 betow). 1.14. Prerare Fjna.l,Comnosite Mau Revise tEic map to lncorporate owncr comments, additionat information gathcned in the course of ihe investigation, and additional field survey Informadon (if any) from survey work authorized under task 3 1.15. Letter Renort on Map Compilatian - Provfde a letter rcpori Ehat briefly relates how the composite map was assembted and the source of the, information on the map. 1.16. DBLiVERABLES 1, 16. 2. Survey ntap: four coptes on bond paper, onc copy in digItal PDF format, and one copy iEi digital AutoCAD format 1. 16.2. Draft storm drainage system composite map in digita) PDF Cormat 1.16.3. I'inal storm drainage system composlte map: four copies on band papcr, one copy in digital PDF format, and onc copy in digitaF AuioCAb format Aubarn Munic(pal Airport Scopc oCServices Dra(nagc Inventory Page 3 of 8 June22,2010 1.16.4. T.etier report in digital PDF format and four copies on bond paper (three bound and one unbound for reproducing) 2. TABLE OF EI,EVATIOIVS AIVD MATERIAL FOR STORM DRAlIYAGE SYSTEM PIPES ANA STRUCTURES 2.1. Develop a tablc dcplcting the elevations of the pipe InverEs, matertai type, structure top snd bottom elevations, and not(ng speclal ar unique eleincnts of the structures (c.g. FROP Tec, Weir, Yump, etc). The table witl bc related to the composite map using the map numbering system. The table wiil be developed (n Microsoft EXCBL OD digital format. 2.2. Information for the tabie will be compiled £rom dcawings of record and additional field measurements obtalned undcr Task 3 SURVEYINO AND UNDERGR(3UND MARKINCi. Information for alt system elem¢nts tnay not be ava9labte depending on records and the amount of fteld surveying audiorized by the Airport. Precision and accuracy of the fnforenation will vary considerably depending on the source of infarmation used. 2,3. DELIVERA8LE5: 2.3J. S2onn drninagc pipe and structure tabla in digitat PDF formal and in Mtcrosoft EXCEL 0 format, and foar cop3es on bond paper SY1RVEY AIVD UIVDERGROUND UTILiTX MA.RKING An optionat budget allowanca is ptovided for underground titilily marking, and surveying required to locate select iteins of the storni drainagc system in support of the mappietg tasks and structure table development listed above. As spcciffe needs aro identified, Reid Middleton wil) advise the Airport as to what work is requircd and being performed under this taslc. We witl not exceed the budget allowance without an amendment to this contract. 3.1. Undereround UE#lity Merking - S¢cure the services of a vendor to locate underground piping on a select as-needed basis. Method to be used is antictpated to be an in pipe camera w'sth sensor. No potlioling (excavation to expose an underground feature) Is anticIpated. 'fhe control network will be used to assist in transtating and rotating the horiwntai datum of racord drawings to State Plane Coordinates. 3.2. Select Storcn Drain Peatures Survcy - Perform a radial groimd sucvey af select ditclies, pipes, structures, and other storm systefr► features as needed to dcpict the stonn systern on the composiie map. Auburn Municipat Airport Scopt of Services Drainage Inventory Page 4 of 8 3une 22, 2010 3.3. Survey Man - Add the siuwey informatlon to the map prepared ander task 1. 10.2.4 - Survey Map 3.4. DELIVERABLES 3.4,1. No separate deliver»blo. lnformation will be added to the survey map prepared under taslc 1. } 0.2.4 - Survey Map. DRAINAGE 1'120BLEM IDEiVTIFICATION 4.1. Project Management - Provide interna) coordination and administration to move ihe project ihrough the SERVICES. 4.2. OA/QC - Provide quality assuranee review of the SERVICES. 4.3. Coord9natian with Airnort - Provide cominunication necessary to facilitate the completion of the SERViCFS. 4.4. Cotmpla{nt Historv - Compile a list of complaints and problems related to thc storm drainagc systenis at the Aiiport. 4.5. IntervIew Facilities Staff and Othars - C3ather and identify complaints and problems related to the existing stonn draiitage systems and f$atures at the Airport. , 4.6. Observe Site I?urjng.,and After Storm - PerPorm two site visits to observe adverse weather impacts to the Airport's storm drainage systems. Four hours is budgeted €or each site visit. 4.7. Add Prpbiem Aeeas to Map - Identt'fy drainage problem areas on the composite map. 4,8. Kgy List of Problems to CocnWsite Man - Provide a key to the composite map that lists the problems and retates them to the corresponding areas on the map. 4.9. Letter ReporE - Prepare a letter report summarizing the storm drainage issues identified, docunienting methodology applied, and seiggesting fiirther steps for resolution of the issues. A draft of khe letter report wtlt be submitted to the A3rport for comments. Responscs to comments will be provided, and the draR lctter report wiil be revised to incorporate the comments and responses. 4.10. Meat svith Aimort - Attend one meeting at the Airport to review the findings of the report. The meeting is budgeted for €our hours to inctuda Au urn Municipal AirpoK Scope of Servkes Drainage Inventory Page 5 of 8 lunc 22, 20 i0 additional direction and discuss[on witli the Airport on performing the drainage system inspectior► if thcy choose to perform this work thtmsetves. 4.11. DELIVBRABLES 4.11.1. I.etter report 4.11.1.1. Draft: one copy in digitat PDP format 4.11.1.2. Final: four copies on bond paper, three bomid and ona unbound for printing, and one copy in digitai PDF fom►at DRAINAGE SYSTEM OBSERVATION 5.1. Pmiect.Management - Providc internal coordination and adminisEration to move the proJect through the SERVICES. 5.2. OA/OG - Provide quality assurance review of the SERVICBS. 53. Coordination with AiWrt - Provide communication necessary to facilitate the SERViCES. 5.4. Field Observation - Visit the site to observe storm drAinage maniiotes and catch basin structures From the surface to check 2evel of sediment, need for cleaning and integrity of the stcucture (e.g, wAll not broken, cracked, or leak{ng, pipe penatrattons in goad shape, not broken, seal intaci, ring and cover in good shape, riser rings in good shape, martar is tight). Observc ifie conditions of the inlets and outlets of existing storm drainage culverts and conditton oFexisting conveyance swells and ditches. 5,5. Prepars Written i.,og and Field Itcport - Docuinent notes of the srorni drainage field observations at the Airport. 5.6. Add Findiqgs to Man - Identify conditions of storn► drainage systems focmd as a result of the fteld observation on the composite map. 5.7. Kev List of Findings to Ma~ - Provide a key io the map exh(bit that lists the conditions observeci nnd clearly relates theni to the corresponding areas on the maP. 5.8. T,etter Itep2rt - Prepare a tctter report summarizing the field observation pracess, ident€fyEng issues with the structuics, and suggesting corrective Auburn MunEc{pal q{rpoK Scope of 3orvices Arainage Inventory Page 6 of 8 Iune 22,2010 actions. 5.9. Mg,et with Afrport Attcnd one mecting at the Atrport to review findings oF the storm drainagc systems observations. 5.10. DELIVERABLES 5.10.1. L.etter report: four copies on bond paper, three bound and one unbound for printing, and one copy in digilal 1'nF forniat SELECT PIPE INSYECTION 6.1. Op 'oitat Hudgei Allowane~ - An optional budget allowance is provided for lnspection of seiect pipes in thc storm drainage system as identified during the course of the work. It is anticipated that a camera system with digital video rccording and Integratcd meastuement from tEie poiiit of insertion into the pipe will be uscd. A digital copy of the recording will be provided to the Airport. 6.2. I.etter Repog - Prepare s Eetter report identifying the pipes inspected, method used, and generaliy summarizing ihe findings of each pipe inspection. Tfie issues found and the recommendations w31l be 3ncorporated into the Drainage Nroblem identification report. 6.3. DGLIVERAE3LES 6,3.1. I.etter report of the pipe inspectioii 6.3.2. One digital copy of each dig(tal video inspection ABAITIONAL SERVICES - Additionat serviccs requested by thc Airport wilt be billed to the Airport In addition to invoices for services identified within ihis scope. ASSilMPTIONS This list is not exhaustive. It is offered to assist the Airport ln identifying elements of work tliat may be required for the projcct and may require assignment to a team member. . If the Alrport wishes to assign these or other tasks to Reid Middieto:t, lhis propasaf can be revised or the work can be performed as an Additional Service. Field inspectlon of the storm drainage system does not inciude entering a storm drainage structure or a video inspection of the conveyance pipes. Observations will be made Iooking i«to !he structures upon rernoving the lidlgrate. It is anticipated that Airport staff will provide access to the stniciures and open and Auburn Municipal Airport Scope ot Servtces Dtainagc Invcntory Page 7 of 8 )une22,2U10 close all strucmre covers. 2. Cleaning o!'pipcs, structures, ditches and other components of tEie storm drainage system is not included. Cieaning may be required to perform some of the work . tasks kisted. Reid Middleton will advfse the Airport when and what cleaning will be required as the need is identifled. Reic! Middieton recommends that thc Airport conlract directly with a company that perforrns this work or the Airport may chose to perform t}ic work with City forces. We atso recommend that the Atrport provide a budget for cleaning in their pro}ect budgct. 3. Cniculations of ftows in Uie storm drainage system are not tncluded. Computer modeling of ftows can be provided as an Additional Service. 4. Testing and characterization of the stonnwater runoff is not included. S. Services will bc perfos'med under the guidclines of the Mandatory Federat Contraet Provisions for Professional Secvices (A/E) Coutracts Rs st►own in Exhibit U. 6. llesign, bidding, and constnictton assfstance is nok inctuded. Design and construction phase assistance ean be provided as an Additional Service. ksbuuaan3/O1913ro2Vswpc worc:A,aLn,JAvent«y.eocnk Aubarrt Muitlcipal Airport Scope of Services Dreinagc Inventory F'age 8 0l8 June22,2010 Exhibit "B" Compensation Summary TASK METHt}D OF Na. llESCRIPTiON PAYMENT BllbGET ] Inforrnation Gathering, Research, System InvenCory, & System Mapping T &E $58,410 2 "I'able of Elevations and Material for Storm Drainage System Pipes and Structures T & E $6,865 3 Opti4nal Survey and IJndergraiind Ufility Marking Aliawance $23,3 15 4 Draznage Problem Itientification T 8t E $9,714 5 Drainage System C7bservation T& E $12,065 6 Pipe Videa Inspection T & E $36,474 Expenses T & E $1,400 TO'I'AL $148,235 Reid Middle[on, Itic. ti ffective July l., 2010 th►•ougli June 30, 2011 Cotzipensation shall be based on tinio and expenses directiy•attributable to the project and shall follow the schedule below unlcss atiather mediod of compensation hTS been expressed in thc written agreemcnt. Personnel . Hourly Rate Yrincipal . . S 180.00 - $ 225.00 Principal I:ngineer/Principal Ylaimer/Princi]~at 5urveyor S 170.00 200.00 Senior EnginecdSenior Plailner/Senior Surveyor $ 154.00 I70.00 Project Engineer/Project Designer/P%ject Surve)~or/Project {'ianner $ 115.00 140.00 DesigES Engineer/i~esigner II/Design "1 echniciai~/Survey Ceew Cliief/ Technical Writer !I/ GrapItic Designer fI 105.00 110.00 Designer 1/Ylannar/CAD Teclmician II s 80.00 95.00 ProJ'ect Administrator S 80.00 - $ 95.00 CAD Technician I/Survey 'fec}siiician/Teehnician/Technical Vdriter 1 $ 60.00 85.00 Survey C3•ew (2 Persott/TtTK/Roboiic) $ 165.00 Survey Creti (3 Person/GPS) $250.00 Expert Witness/Forensic Enaineering 1.5 times usual hotiriy rnte (4liour minimum) Tndividuals not in tlie re u)ar emplay of Reid Middleton inay occasionaily be engaged to meet specific V ct requirements_ C~arges for such personnel will be comparable to charges for regular Reid Eeton persoimeL A preinimn may be charged if project requirentents make overtime worlc necessary. 13. T:quipi3icnt Rafe Desigo 5oftware/CoJ3iputer Aided Dratiing 12.00Iitour III. Reimbursablc Espenses ' Local Mileage - Automobile $ 0.65/mite Local Milelge - Sttrvey Truck $ 0.651nzile Fxpenses thaE are direcily attr[butaUle to the projgct are invoiced at cost plvs 15%. These expenses incittde, btit are itot limited to, sutxojisuitant or sabcontracror services, travel and siibsistence, cotmiiunications, couriers, poslage, fees and pennits, docikment reproduction, specill inshwnentatian and field equip►nent rental, premiums for additio«a1 insurance wfiere eeqtured, special stipplies, and other costs direct}y appiicahle to the project. A new schedule of et3arges is isstEed aiid beco►nes eflcetive Jidy i each year. Ctlarges for all work, inchtding contiiiuing proJects initiated in prior yeai•s, tivili Ue based on the latest scliedule of charges. JV. Cl9ent Advances Unless the parties agree othcrwise in writing, charges for tlie falloNvizig items sliall be paid by the ctient directly, sfi~+li not be the responsit~ility of Reid iviiddleton, and shall be in addihon ro any fee shpulateci in the agreement; goveriunent fees, tnc[c~ding pen~~it aad review fees; soils testing fees and costs; charges for aerial pliotogra pIiy; and charges for monume~~ts. If Reid Middleton detei-niines, in iis discretioii, to advance any of these costs in tltie inierest of the project, t}ie amount of tiie advance,ylus a fifteen percent adit3inistratn~e fee, shatl be paid by ci~e client upon prese~~tation of an invoice therefore. C:\Uocuments and SeUings%kbo+vIeyU.ocal 5ctlingsl'I"emporary Intemct Fites\OLK3D9t2010-A.doo 'L' ~ Summary of Es#imated Fees PROJECT: Auhurn A7unic(pal Airpori Drainage Inventory CLIENT: Avbum Municlpal Airport JOB NUAiBER: 232009.911.025 OATE: Ravised 6f27110 hk FiLE NAME: H:1DOC123ApW91913W25_Aubum AP Dralnage InvontoryV(AUburn Dralnage Irnentory Fea ftevised 072710.x1s]Inventory Sr ProJecl Sr Sr 7ech Sr Survey Principal Engineer Eng Desipner Wriler Engineer Deslgner PA Ctaw2 TOTAL PROJECT PROJEC7TASK $790 S165 $135 S105 $105 365 $105 $85 $465 HRS COST HK RH Dfl LVU VF VC Gt.i K[i 1. lNFORMATlON GATHERING, RESEARCH, SYSTEIVI INVENTORY, & SYSTEM MAPPING 1.1 Project Management 0 U 6 0 0 0 0 d 0 SO S1,150 1.2 arvac i a o 0 0 0 0 0 0 1 s190 1.3 GoorQ(nation w! Airport 0 0 4 0 0 0 0 0 0 4 S540 1.4 Projecl Approach Plan 1 0 2 f 0 0 0 0 0 4 S505 1.5 fntornal Kkk-off Meallng 1 0 1 f 0 0 0 0 0 3 5430 1.6 Archlve Coordination w/ CilylAirpod 0 0 4 0 0 0 0 0 0 4 S510 - 1.7 Rasearch/Review 12M fvchives 0 0 D 4, 0 0 0 Q 0 4 S420 LS Re$earch/RevEew CIty/AP ArchWes 0 0 0 8 0 0 0 0 0 8 5840 - -1.9 Inteiviews wl Steff 0 0 0 10 0 0 0 0 Q SO 57,050 t.40 Compite Prel Map w! Collecled Info 1 0 A 12 0 0 32 0 0 49 , $5,350 Survey ta Datum Convcrs?on See Survey Proposat (or detalls $42,700 1.71 Storm Drainage SWclure & Pipe Numberfng Sysf 0 0 2 0 0 0 0 0 2 5210 1.12 F1eld Check Prel Map 6 0 5 5 0 0 0 6 0 10 51,200 1.13 Prepare Survey Request 0 0 0 4 0 0 0 0 0 4 $420 1.44 ftevise Map w/ Fleld pbseN (Ptep final map) 0 0 8 ' 0 0 8 0 0 16 51,680 1.15 Llr Report on Prel Map Compiialton 1 0 3 0 1 , D 0 0 0 5 S707 1.16 Deliverable Prep & Submillal 0 0 1 1 0 0 1 0 0 3 5345 . 3ublolai•Labor 5 4 30 58 1 0 45 4 0 137 $58,419 2. TA6LE OF EIEVATIOtJS AND MATERIAt FOR STORM DRAINAGE SYST EAI P1P ES AND S TRUC7URE3 2.1 Set up TeWe S 0 0 A 0 0 0 0 0 5 - Sa 10 2.2 Collect inverUtop elevalions from Records & entei 0 0 40 0 0 0 0 0 40 S4.200 2.2 Add survey info 0 0 0 8 0 0 0 0 0 8 $840 2.3 QqlQC 0 0 4 0 0 0 0 0 0 4 5540 2.3 Project management & Admin 0 0 5 0 0 0 0 0 0 6 S675 Subtotai - Labor 1 0 9 52 0 0 0 0 0 62 S6,865 3. SURVEY AND UNDERGROUND UTILITY MAftKING (OPTIONAI AlLOWANCE) See Survey Proposal for detoils See Survay TOPO Worksheet in Work book Sutrtota I -Labor $23,315 4. DtiA1NAGE PRQBIEM IDENTIFICA7(ON 4.1 PrvJeG Managemenl 0 0 6 0 0 0 0 3 0 8 Sti10 4.2 QWQC 7 0 0 0 ' 0 0 0 0 0 1 51510 4.3 Coordination w/ Airport 0 0 4 0 0 6 0 0 0 4 S540 4.4 Complaln! Hlslory 0 0 0 2 0 0 0 0 0 2 5210 4.5 Interviev✓ Facilitias StaH 8 Ofhers 0 6 A A 0 0 0 0. 0 9 SnGO 4.6 Observe Sila AiterlDuring Storm 0 0 1 8 0 0 0 0 0 9 S975 4.7 Add to Map tdertliBed ProbAreas 0 0 2 8 0 0 d D Q 14 5 i.5."•0 4.8 Lisl Problems Kayed to Map 0 0 2 B 0 0 A 0 0 14 51.530 4.9 Llr Ropoh on Probfem Compilalion 1 0 3 0 1 0 0 0 0 5 5700 4.10 Meet Nv! AP to Disc Ftnds&Sys Insp 0 0 8 8 0 0 0 0 0 16 S i ~(WU 4.14 Oeliverebfe Prep & Submitia! 0 0 1 1 0 0 1 0 0 3 S34 5 Sublotal•Labor 2 G St '.i 3 0 11.5 59,770 5. DRAINA(3E SYSTEM OBSERVATION 5.1 ArojectManagement 0 0 B 0 0 4 0 0 U 8 S'.080 5.2 QAIdC 2 D 0 0 0 0 0 0 D 2 5.3 CoordlnationwlAirpod 0 0 2 2 0 0 0 0 D 4 F..YSp 5.4 Field Observafion 0 0 2 76 0 0 0 0 0 18 5.5 Prepare Written fog & fieid reporis 0 0 0 8 D U 0 0 0 8 SL'•it) 5.8 Add Findings to FAap 0 0 2 12 0. 0 12 0 0 26 52 I`.:it 5.7 Key Iist of findings to map 0 0 7 8 0 0 8 0 0 17 5.8 Letter Report 0 0 8 0 2 9 0 0 0 10 ' 5.3 Meet wt Airpart 0 0 6 6 0 0 0 0 0 12 = • Subtotal • Labor Page I ' • ~ M1 • ~ Summary of Estimated Fees PROJECT: Aubum Municipal Alrporl Dralnage Invenlory CUENT: Auburn Mun(clpat Afrporl JOS NUA48ER: 232009.913.025 DATE; Rovised 6127110 hk F1lE NAME: H:1DOCl23Ap10919131A25_Aubum AP Drainage fnvenloryqAuburn Dreinage invantoryFee Revised 072710.xis)Inventory 8. SELECT AIPE WSPECTION This ts using camera inspec@on w1 Video record 6.1 Coord & onsiip during inspect (NbN 0 0 4 80 0 0 0 0 0 84 Sb,°GO This wiil provide /or alwut 6 days or 80001eet ot pipe 6.1 Cleanpipes S10,000 hlark up for clean plpes at 15% gt,SW 6.1 Video Inspeci Pipes 510,0()0 Mark up tw video Inspeclion at 15 % $1,500 6.2 Leller Report 0 0 32 0 2 0 4 0 0 34 ^ 54,530 Subtolal-Labor 0 0 !S 80 2 U 0 0 0 178 S313,470 TOTAI LABOR FEHS 10 0 135 279 S 0 70 7 0 507 $146,835 EXPENSES: , Mileago (Round Trip) 14 Frips cQ 90 Mtles Q 50.65 S819 7ravel: CosUUnit Days MealslPer Deim s0 0 $O Lodging $O 0 30 Other $0 . Misc, Expenses: Fax 30 Telephone $0 Poslage $0 PrinEing (Esiimate, tJotTo 6xcesd) $`'QO Field Supplles $0 Processiag Fee - Percentage of Expenses 15% S75 Round , SG Subtotai - Ex enses $1,400 p ToEal PreElmtnary Enylneering Li~48,235 Page 2 AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF AUBURN AND REID MIDDLETON, INC. RELATING TO PROJECT NO. MS-1003, AIRPORT DRAINAGE INVENTORY THIS AMENDMENT is made and entered into this day of 2011, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Reid Middleton, Inc. (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for MS-1003 executed on the 2nd day of August 2010. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to September 30, 2011. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for MS-1003 executed on the 2nd day of August 2010 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. REID MIDDLETON, INC. C Y OF AU By: Authpriz d signatur , Pete B. Lewis, Mayor r-" M. Ddowxo Vre&~r Nrpor-~ ATTE (Optional): ATTEST: By: katc,4 fIts: Pzo d A - Dani le E. Daskam, Auburn City Clerk d to orm: Approved as to form (Optional): App 7 - 4. Attorney for (Other Party) D iel B. uburn City A Amendment No. 1 for Project No. MS-1003 Reid Middleton, Inc. Page 1 of 1