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HomeMy WebLinkAboutRoth Hill Engineering Partners LLC AG-C-331 CLOSED 5/26/2011/6\ .I 6 2008 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-331 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 Roth Hill Engineering Partners, L.L.C., whose address is 2600 116 1h Avenue NE #100, Bellevue, WA 98004, 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. The work identified by this Agreement is anticipated to be completed in the years 2008, 2009 and 2010. This Agreement shall terminate on December 31, 2008, and shall be amended by both parties for succeeding years as required to complete the work. 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. Agreement for Professional Services AG-C-331 4/17/2008 Page 1 of 12 3. COMPENSATION. The CONSULTANT shall be paid by the CITY for completed services rendered under the approved Scope of Work identified in Exhibit A. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. The CONSULTANT shall submit an itemized invoice to the CITY prior to payment, in a form similar to that attached as Exhibit C of this Agreement. Compensation for the work identified will be on a time and material basis. The total compensation for this Agreement shall not to exceed $410,000.00, which includes a Management Reserve Fund amount of $50,000.00. Expenditure of Management Reserve Funds must be authorized by the CITY as set forth in Section 4 of this Agreement. Compensation for work performed shall be based on the fee schedule outlined in Exhibit B of this Agreement. Exhibit B is attached hereto and by this reference made a part of this Agreement. The compensation to be paid to the CONSULTANT shall not exceed $375,000.00 for the year 2008, which includes a Management Reserve Fund amount of $50,000.00. Compensation to be paid to the CONSULTANT for authorized work in succeeding years will be contingent upon availability of funds. The CONSULTANT will not undertake any work or otherwise financially obligate the CITY in excess of said not- to-exceed amount without a duly executed Addendum issued by the CITY. Compensation shall include all CONSULTANT expenses including, but not limited to, direct salary, overhead, profit and direct non-salary. The CONSULTANT shall be paid by the CITY per Exhibit B. Direct non-salary costs may include, but are not limited to, the following items: reproduction fees, courier fees, mileage, Agreement for Professional Services AG-C-331 4/17/2008 Page 2 of 12 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 $50,000.00. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess 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 Agreement for Professional Services AG-C-331 4/17/2008 Page 3 of 12 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, 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 indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, Agreement for Professional Services AG-C-331 4/17/2008 Page 4 of 12 demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 8. INDEPENDENT CONTRACTORIASSIGNMENT. 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 Agreement for Professional Services AG-C-331 4/17/2008 Page 5 of 12 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: 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. 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 and Commercial General Liability insurance: Agreement for Professional Services AG-C-331 4/17/2008 Page 6 of 12 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 Agreement for Professional Services AG-C-331 4/17/2008 Page 7 of 12 other information 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. Reuse by the CITY of any of the drawings, computer disks, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on any other unrelated project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. 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 a three-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 Agreement for Professional Services AG-C-331 4/17/2008 Page 8 of 12 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; (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 a three-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 Agreement. 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. Agreement for Professional Services AG-C-331 4/17/2008 Page 9 of 12 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 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. Agreement for Professional Services AG-C-331 4/17/2008 Page 10 of 12 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 consultant representative 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 Attn: Leah Dunsdon, P.E. 25 W Main Street Auburn, WA 98001 Phone: 253.931.4013 Fax: 253. 931.3053 E-mail: Idunsdon@auburnwa.gov Roth Hill Engineering Partners, LLC Attn: Jay Hummel, P.E. 2600116 th Avenue NE #100 Bellevue, WA 98004 Phone: 425.869.9448 Fax: 425.869.1190 E-mail: jhummel@rothhill.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 14.9 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-331 4/17/2008 Page 11 of 12 CIT URN Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, City Clerk APPR ED AS TO FORM: Daniel B. Hei ity torney Date APR 2 3 2008 Roth Hill Engineering Pa Agreement for Professional Services AG-C-331 4/17/2008 Page 12 of 12 Exhibit A Scope of Services AG-C-331 Page 1 of 8 EXHIBIT A SCOPE OF SERVICES City of Auburn Les Gove Neighborhood Improvements Public Works Project No. CP0762 Design Services Roth Hill Engineering Partners, LLC 1. BACKGROUND and SCOPE OF PROJECT The City of Auburn ("City") has identified the need to provide improvements to the Les Gove neighborhood consisting of watermain replacements, sanitary sewer replacements, storm drainage improvements, pavement reconstruction, patching, and overlay. The City has selected Roth Hill Engineering Partners, LLC ("Roth Hill" or "Consultant") to provide design and related services for this project. The Les Gove neighborhood (the "project limits") is generally bounded by 5th Street SE on the north, M Street SE on the east, 9th Street SE/Auburn Way South on the south, and D Street SE on the west. As outlined in the City's Request for Proposals (RFP) dated February 8, 2008 and subsequently modified by the City, the proposed improvements include the following: • Water-Replacement of approximately 10,000 LF of existing 4 to 6-inch water mains with 8-inch DI water mains and associated fittings, valves, hydrants, and services. • Sewer-Replacement of approximately 1,800 LF of deteriorating 8-inch sanitary sewer mains with 8-inch PVC sewer mains and associated side sewers and manholes. • Storm-Addition of approximately 250 LF of 8-inch to 12-inch storm drain pipe and associated catch basins. • Street-Reconstruction of approximately 2,715 LF of existing asphalt concrete and cement concrete pavement streets, and pavement patching and overlay of approximately 9,500 LF of existing asphalt concrete and cement concrete pavement streets. The project limits include the following streets for each work item: Water main replacements: 0 5th Street SE-D Street SE to H Street SE 0 6th Street SE-D Street SE to K Street SE o 7th Street SE-D Street SE to K Street SE 0 8th Street SE-D Street SE to K Street SE o Alley-F Street SE west to end o Alley-F Street SE to H Street SE 0 9th Street SE-F Street SE to H Street SE 0 9th Street SE-H Street SE to approximately 300 feet east of centerline o D Street SE-8th Street SE to approx. 200 feet north of 6th Street SE o Alley-5'h Street SE to 6th Street SE o K Street SE-5th Street SE to 7th Street SE. F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Exhibit A Les Gove Neighborhood Improvements Project Scope of Services Public Works Project No. CP0762 AG-C-331 Design Services Page 2 of 8 o Water meter service relocations-alley to 8th Street SE and 9th Street SE Sewer main replacements: 0 5th Street SE-F Street SE to H Street SE o Alley between 8th Street SE and 9th Street SE o H Street SE-9th Street SE to north of 8th Street SE Storm drain addition: o 5th Street SE-F Street SE to approximately 200 feet west of centerline Pavement reconstruction: 0 5th Street SE-K Street SE west to end o D Street SE-approximately 140 feet north of 8th Street SE north to end 0 7th Street SE-K Street SE to L Street SE Pavement overlays: 0 6th Street SE -D Street SE to M Street SE 0 7th Street SE -D Street SE to K Street SE 0 8th Street SE -D Street SE to K Street SE 0 9th Street SE -F Street SE to east of H Street SE o H Street SE- 5th Street SE to south of 9th Street SE o K Street SE- 5th Street SE to 8th Street SE o L Street SE- 7th Street SE north to end For purposes of this Scope of Services and associated budget, the above scope and locations are assumed to be the best available information. The scope of the proposed improvements will be evaluated within the preliminary design stage, and then modifications to the above limits may potentially be made by the City for final design and construction. 2. DESIGN CRITERIA Drawings, specifications, Opinion of Probable Construction Costs (OPCC) and related documents, to the extent feasible, will be developed in accordance with the latest edition and amendments of the following documents, as of the date the City returns the 30 Percent Design review comments to the Consultant: City of Auburn publications: • Boilerplate Contract Documents and Special Provisions • Public Works Standards • Design, Drafting, and Construction Standards WSDOT publications: • Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge, and Municipal Construction (M41-10), 2008 English edition (including the Division 1 APWA Supplement),as amended • WSDOT/APWA, Standard Plans for Road, Bridge, and Municipal Construction, English (M21-01) Department of Health: Water System Design Manual, Aug 2001 edition Department of Ecology: Criteria for Sewage Works Design, Dec 1998 edition F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Les Gove Neighborhood Improvements Project Public Works Project No. CP0762 Design Services Exhibit A Scope of Services AG-C-331 Page 3 of 8 3. PROJECTED SCHEDULE and PROJECT PHASES The work is scheduled to be completed in two phases of construction: Phase 1 construction in 2009 and Phase 2 in 2010. Following the preliminary design stage the scope of work and the extents of the specific improvements within each phase will be evaluated and modified as necessary. The Consultant shall provide a proposed schedule to be reviewed and approved in writing by the City. Any modifications to the schedule will need to be agreed to and approved in writing by the Consultant and the City. The proposed schedule will include the following timeframes for the two phases: Bid Advertisement-Phase 1 Winter 2008/2009 Bid Advertisement-Phase 2 Winter 2009/2010 Following the Preliminary Design phase, the project will be split into two separate phases for completion of design and preparation of bid/construction documents. Both phases will be designed concurrently, but Phase 2 document completion will not occur until about two months prior to the scheduled bid advertisement date (i.e. the task Final Bid/Contract Documents for Phase 2 will not occur at the same time as Phase 1). There may be a need to make modifications to the Phase 2 plans and specifications based on potential changes during construction of Phase 1 or in response to other changes not yet known at this time. This Scope of Services does not include the task of making these modifications should they become necessary. 4. SCOPE OF SERVICES and TASKS The Scope of Services generally consists of preliminary and final design and preparation of contract documents. An add-on option to the Consultant Services Agreement may include providing construction administration assistance and construction observation, and preparation of construction record drawings. The City will provide topographic surveying, base drawings, and all necessary permitting activities. Refer to Services Not Included at the end of this Scope of Services for a more detailed explanation of services that are not part of this Agreement. The Consultant shall provide services according to the following tasks: A. Project Management • Attend project kickoff meeting with City to discuss project objectives, communication, information sharing, and schedule. • Manage all tasks, project schedule and staff for agreed-upon services. • Communicate daily/weekly as needed with City regarding project issues, costs and schedule. • Provide monthly invoicing and project status memo to City to reflect design progress, budget and schedule status. Monthly invoicing will include monthly totals for street, water, sewer and storm as needed by City. F:100291Les GovelagmntlfinallEx A_SOS_Les Gove Imps-final-rev 041708 jfh.docx City of Auburn Exhibit A Les Gove Neighborhood Improvements Project Scope of Services Public Works Project No. CP0762 AG-C-331 Design Services Page 4 of 8 B. Geotechnical Investigation • HWA GeoSciences Inc. will be the geotechnical sub-consultant to Roth Hill. • Collect existing subsurface information pertaining to the project site by means of conducting eight (8) soil borings to determine the soil conditions and ground water levels along the proposed water and sewer routes. • Conduct three (3) pavement cores and perform a falling weight deflectometer test within the proposed pavement reconstruction areas. • Prepare a draft and final geotechnical engineering report summarizing the results and making recommendations for pipeline installation and pavement reconstruction. Deliverables: Two (2) draft and two (2) final geotechnical engineering reports (one bound, one unbound). C. Preliminary (30 Percent) Design and Memorandum • Meet with City to review initial project scope identified by City for proposed water, sewer, storm and pavement restoration work and confirm the direction of the preliminary design scope as it relates to the City's long-term objectives and project budget. • Review topographic survey and base drawing files provided by City for use in preparing design drawings. Convert survey information into Roth Hill CAD layering system for use in preparing design drawings. Note: City to provide both electronic files (in AutoCAD Release 2006) and hard print copy of City-provided topographic survey (base map). • Conduct site visits as needed to walk the project area with City-provided base drawings and identify areas where additional surveying may be needed. Make request to City for City's survey crew to obtain additional information as needed. • Review base drawings for the existence of underground utilities and existing monitoring and remediation well system that may affect the proposed improvements and confirm with City that available underground utility locates, as-built records and other available information has been obtained and incorporated into the base drawings. • Conduct site visits as needed to review proposed scope of work and make determination of preliminary alignment of proposed improvements. • Prepare CD of digital photos taken during site visits. • Prepare preliminary plans for the proposed water main replacements including fittings, valves, services, hydrants, and connections to existing system. • Prepare preliminary plans for the proposed sanitary sewer replacements including side sewers, manholes, and connections to existing system. • Prepare preliminary plans for the proposed storm drainage improvements including catch basins and connections to existing system. • Prepare preliminary plans for the proposed pavement restoration improvements (reconstruction and overlay) including typical road sections. • Drawings to be 22"x34" at 20 scale (full size) and 11"x17" (half size) using AutoCAD Release 2006. • Prepare preliminary Opinion of Probable Construction Cost (OPCC) for each of the water, sewer, storm and pavement restoration work items using MS F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Exhibit A Les Gove Neighborhood Improvements Project Scope of Services Public Works Project No. CP0762 AG-C-331 Design Services Page 5 of 8 Excel. Each work item will be totaled separately as its own schedule. • Prepare a memorandum summarizing the Preliminary (30 Percent) Design scope and probable costs. Identify possible areas to reduce scope and costs to fit within approved budget as necessary, and provide recommendations for phasing the proposed work into Phase 1 and Phase 2. • Conduct in-house quality assurance (QA) review. • Submit preliminary design drawings, OPCC and memorandum to City for review and comment. • Meet with City to discuss review comments and confirm scope for preparing final design. Assumptions: City to request and obtain franchise utility companies' as-built drawings including underground utilities (power, gas, telecommunication, cable, fiber optic, and monitoring well and piping layout of existing soil/groundwater monitoring system) and overhead utilities (power, telecommunication, and cable) and incorporate into the base survey drawings, in addition to representing City's water, sewer and storm drainage utilities on the base drawings. City also to provide utility locates for City utilities and request locates for franchise utilities and then incorporate this locate information into the base drawings as necessary. Deliverables: Two (2) full-size and sixteen (16) half-size drawings (prints), sixteen (16) OPCC spreadsheet copies, one (1) CD of CAD drawings and OPCC spreadsheet, one (1) CD of digital photos taken during site visits, and one (1) memorandum. D. 70 Percent Design • Split drawings and specifications into Phase 1 and Phase 2 improvements in preparation for bidding and constructing Phase 1 improvements in 2009 and Phase 2 improvements in 2010. • Revise water, sewer, storm and pavement restoration plans per preliminary design review comments. • Conduct site visits as needed to review proposed design elements. • Prepare CD of digital photos taken during site visits. • Obtain from City the City's latest Standard Specifications and incorporate into the design drawings and contract documents. • Obtain from City the City's latest Standard Details and incorporate into the contract documents. • Prepare profiles of proposed water, sewer and storm drainage improvements. • Prepare details, sections and notes. • Provide notes and other information as necessary related to working around and protecting existing groundwater monitoring wells. • Coordinate with City and provide exhibits as needed by the City for the relocation of water services that will need to be relocated from the alley to the adjoining street. • Revise OPCC per preliminary design review comments and modify as necessary. • Provide project specifications including City boilerplate sections and Special Provisions using MS Word. F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Les Gove Neighborhood Improvements Project Public Works Project No. CP0762 Design Services Exhibit A Scope of Services AG-C-331 Page 6 of 8 • Assist City in the preparation and facilitation of one (1) neighborhood meeting, including one staff member attending meeting, to inform residents of proposed work, schedule and expected impacts during construction. Preparation may include information sheets, maps, preliminary drawings and exhibits to aid in communicating with the neighbors. • Conduct in-house quality assurance (QA) and constructability reviews. • Submit drawings, specifications, and OPCC for both Phase 1 and Phase 2 to City for review. • Meet with City to discuss City's 70 Percent Design review comments. Assumptions: City will provide standard boilerplate General Information, Amendments and Special Provisions to the 2008 WSDOT Standard Specifications (in MS Word 2007 format) and City's Standard Details in electronic version or hard copies. Deliverables: Two (2) full-size and sixteen (16) half-size drawings (prints), sixteen (16) OPCC spreadsheet copies, two (2) sets of specifications (unbound), one (1) CD of CAD drawings, one (1) CD of OPCC spreadsheet and specifications, and one (1) CD of digital photos taken during site visits. E. 95 Percent Design • Revise drawings and specifications for Phase 1 and Phase 2 by incorporating City's 70 Percent Design review comments. • Revise and/or provide additional details, sections and notes to the drawings as necessary. • Revise OPCC as necessary. Also provide an OPCC with both the pavement restoration and storm drainage work combined on one schedule. • Conduct site visits as needed to review proposed design elements. • Prepare CD of digital photos taken during site visits. • Conduct in-house QA and constructability reviews. • Submit drawings, specifications, and OPCC for both Phase 1 and Phase 2 to City for review. • Meet with City to discuss City's 95 Percent Design review comments. Deliverables: Two (2) full-size and sixteen (16) half-size drawings (prints), sixteen (16) OPCC spreadsheet copies, two (2) sets of specifications (unbound), one (1) CD of CAD drawings, one (1) CD of OPCC spreadsheet and specifications, and one (1) CD of digital photos taken during site visits. F. Final Bid/Contract Documents • Finalize drawings and specifications (Bid/Contract Documents) for Phase 1 and Phase 2 in preparation for bidding by incorporating City's 95 Percent Design review comments. • Conduct in-house QA review. • Review drawings by Principal-In-Charge. • Submit 99 Percent Design drawings, specifications, and OPCC to City for final review. • Obtain City's 99 Percent Design review comments and make any necessary final revisions. • Provide final bid/contract documents (plans and specifications) to the City. • Finalize OPCC. Also provide an OPCC with both the pavement restoration F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Les Gove Neighborhood Improvements Project Public Works Project No. CP0762 Design Services Exhibit A Scope of Services AG-C-331 Page 7 of 8 and storm drainage work combined on one schedule. Submit to City for bid comparison. Assumptions: City will provide repro services for bid document production. Phase 1 bid/contract documents will be finalized just prior to the scheduled bid advertisement as indicated in Part 3 of this Scope of Services. Phase 2 bid/contract documents will be finalized just prior to the scheduled bid advertisement as indicated in Part 3 of this Scope of Services. Deliverables: 99 Percent Design, Phase 1-Four (4) full-size and two (2) half-size drawings (prints), four (4) OPCC spreadsheet copies, and two (2) sets of specifications. 99 Percent Design, Phase 2-Four (4) full-size and twelve (12) half-size drawings (prints), sixteen (16) OPCC spreadsheet copies, and two (2) sets of specifications Final Bid/Contract Documents-One (1) 4 mil thickness mylar set of full-size drawings, one (1) complete and un-bound set of specifications, one (1) "camera-ready" set of drawings and specifications on CD (for City to do repro of bid sets), and one (1) OPCC spreadsheet copy. G. Bid Advertisement • Assist City in answering bidder questions during bid period as necessary. • Prepare and provide addenda to City for distribution to bidders as necessary. Assumptions: City will make all notifications for bid advertisements; City will be the plan holder for bid set pickup by bidders; City will field all calls from bidders with questions during the bidding process. FA0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx City of Auburn Les Gove Neighborhood Improvements Project Public Works Project No. CP0762 Design Services Exhibit A Scope of Services AG-C-331 Page 8 of 8 5. SERVICES NOT INCLUDED The following services are not a part of this Agreement. If the City chooses to add one or more of the following services to this Scope of Services, the work shall be authorized in writing under the Management Reserve Fund or a contract modification shall be negotiated and approved by the City prior to any work being expended on such services. 1. Research, preparation, and administration of permit applications, SEPA, and related permitting and review processes, including permitting activities related to requirements of the Endangered Species Act. 2. Any work related to the presence of potentially contaminated soil or groundwater in relation to the existing groundwater monitoring and remediation well system currently in place within the project area. 3. Additional field surveying and subsequent revisions to base drawings as necessary. 4. Easement investigation, preparation and acquisition. 5. Utility as-built requests to utility companies and notification to provide underground utility field locates prior to survey work. It is assumed that the City will make all requests and notifications. 6. Potholing of existing utilities to confirm horizontal and vertical locations of utilities that may be in conflict with the proposed improvements and associated topographic surveying of pothole locations as requested by City. 7. Review of available sewer inspection videos or sewer condition assessment report. 8. Cost comparison for alternative sewer rehabilitation methods (e.g. trenchless methods). 9. Providing hydrologic analysis and calculations, upstream/downstream analysis, evaluation of downstream conveyance capacity, and preparing a formal TIR/Storm Drainage Report. 10. Design and related services of the proposed water, sewer, storm or street improvements more than five percent (5%) in excess of the extents (lengths) identified in the "Background and Scope of Project" section of this Scope of Services. 11. Public Information and Involvement services other than as outlined above. 12. Making potential and necessary modifications to the Phase 2 plans and specifications following construction of the Phase 1 improvements. 13. Construction Administration and Construction Support Services. 14. Preparation of Construction Record Drawings. 15. Work associated with a Local Improvement District (LID) that may be formed for the construction of curb, gutter, and sidewalks. END OF EXHIBIT A F:\0029\Les Gove\agmnt\final\Ex A_SOS_Les Gove Imps_final_rev 041708 jfh.docx EXHIBIT B FEE SCHEDULE Roth Hill Engineering Partners, LLC. Charges: Charges for employees are determined by the hourly rates listed below. Charges for reimbursable expenses are specified below or in individual task order proposals. Labor Rates Labor Category Hourly Rate Range EIT / Sr. Designer $80.00 - $115.00 Civil Specialist $83,00 - $156.00 Engineer $122.00 - $167.00 Project Manager $125.00 - $175.00 Planner $88.00 - $117.00 Technician $51.00 - $81.00 CAD (includes mapping and GIS $87.00 - $113.00 Construction Representative $105.00 - $139.00 Surveyor $61.00 - $100.00 Project Surveyor (PLS) $95.00 - $144.00 Administrative $41.00 - $95.00 Administrative Lead $109.00 - $156.00 Director / Principal $154.00 - $194.00 Expense Rates Expense Category Billing Rate Mileage $0.505/mile or current IRS rate Outside Photocopies/Printing Cost + 10% Transportation b Public Carrier Cost + 10% Outside Services or Subconsultants Cost + 10% Materials and Supplies Cost + 10% Exhibit B - Fee Schedule Agreement No. AG-C-331 Page 1 of 1 EXHIBIT C 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.: CP0255). • 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. • Status of Management Reserve Fund (MRF) (i.e.: a certain task). • Breakdown of Invoice Total by budget items (Water, Storm, Sanitary Sewer, and Road). • Invoices for previous year are due by January 15th. Exhibit C - Consultant Invoices Agreement No. AG-C-331 Page 1 of 2 SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Leah Dunsdon (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: CP0255 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Engineer 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses (see attached documentation) Char es Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Engineer $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72,49 Consultant Total: SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Geotech., Inc., Geotechnical Engineer 16 $ 100.00 $ 1,600.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 821.49 $ 2,860,00 - - - - -- --------------------..-..-..----------------------------- .----------..-..-..----------..-..-------------..-..---------------------------- ---------- TOTAL DUE THIS INVOICE $ 3'681.49 -------. ----..-..-------------.._..----------.--.---.--.-..-----.----.--..--.-----.--.-------..-----._..-..-----.-.--..-..-..-..--.-.--------..-..----.---.-.--..-..-.--.-----.---.-.--. -..-..-..-.. CONTRACT BREAKDOWN Task Amount Authorized Prior Invoiced This Invoice Total Invoiced To Date % Expended % Completed Amount Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF" 2,500.0 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.0 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 TOTAL BREAKDOWN BY BUDGET ITEM Water Storm Sanitary Sewer Road Total This Invoice $1,562.00 $ 433.50 $ 782.33 $ 903.66 $3.681.49 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. Exhibit C - Consultant Invoices Agreement No. AG-C-331 Page 2 of 2 AMENDMENT #1 TO AGREEMENT NO. AG-C-331 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING, INC. THIS AMENDMENT is made and entered into this 31 st day of December, 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and ROTH HILL ENGINEERING, INC. (hereinafter referred to as the "CONSULTANT") as an Amendment to the Agreement between the parties for AG-C-331 executed on the 23rd day of April, 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, 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-331 executed on the 23rd day of April, 2008, 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. NG, INC. RO777 By: ignature Aut orized s C F AUB Peter B. Lewis, Mayor ATTEST (Optional): By: 5-vo Its: f4kcc~ y'e V tP - Wj^^V-N4-V" Approved as to form (Optional): Attorney for (Other Party) ATTEST: DE. Daskam, Auburn City Clerk orm: Appro71 Daniel B. Heid, Auburn Ci Attorney Amendment No. 1 for Agreement No. AG-C-331 Roth Hill Engineering, Inc. Page 1 of 1 14~,1G,q AMENDMENT #2 TO AGREEMENT NO. AG-C-331 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING PARTNERS, L.L.C. RELATING TO PROJECT NO. CP0762, LES GOVE NEIGHBORHOOD IMPROVEMENTS THIS AMENDMENT is made and entered into this i,~Iday of 2009, by and between the CITY OF AUBURN, a municipal corporation of the Sta e of Washington (hereinafter referred to as the "CITY"), and ROTH HILL ENGINEERING PARTNERS, L.L.C. (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement befinreen the parties for AG-C-331 executed on the 23rd day of April, 2008. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the contract term. 2. SCOPE OF WORK: Change to the Scope of Work shown in Exhibit A-1. 3. COMPENSATION: An additional $91,900.00 has been added to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement befinreen the parties for AG-C-331 executed on the 23rd day of April, 2008, 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. ROTH HILL ENGINEERING PARTNERS, L.L.C. CI UR ~ By: ~ ~ Authorized s natu Peter B. Lewis, Mayor ATTEST (Optional): By: ~ ~ AZAjas M "r1 Its: fL V-0 cTp?- 0 ' r n1F,E ' Approved as to form (Optional): ATTEST: Danielle E. Daskam, Auburn City Clerk Appro.6q as to form: 9 ~ s . ~ \ _ ~ d ~ Attorney for (Other Party) Daniel 9. Heitt; Aubu(n City A~orney Amendment No. 2 for Agreement No. AG-C-331 Roth Hill Engineering Partners, L.L.C. Page 1 of 1 City of Auburn Exhibit A-1 Les Gove Neighborhood Improvements Project Additional Scope of Services Public Works Project No. CP0762 AG-C-331 Design Services Page 1 of 1 EXHIBIT A-1 ADDITIONAL SCOPE OF SERVICES City of Auburn Les Gove Neighborhood Improvements Public Works Project No. CP0762 Design Services Roth Hill Engineering Partners, LLC REVISED SCOPE OF PROJECT The City of Auburn ("City") has identified the need for additional work beyond the original scope of Agreement No. AG-C-331 and Supplemental Services No. 1. These additional services consist mainly of the following: Additional services for Phase 1: • Design o Revise plans, specifications and OPCC for additional services items on the 30%, 70%, 95% and 99% reviews that were beyond the original scope of Agreement No. AG-C-331 and Supplemental Services No. 1. • Submittals o City requested additional submittal at 99.9% completion. Additional services for Phase 2: • Design o Revise plans, specifications and OPCC for additional services items on the 30% and 70% reviews that were beyond the original scope of Agreement No. AG-C-331 and Supplemental Services No. 1. o Revise plans, specifications and OPCC for additional services items on the 95% and 99% Phase 1 reviews which apply to Phase 2 and are outside of the original scope of Agreement No. AG-C-331 and Supplemental Services No. 1. o Water Main a. Add new water,main in F Street, which was added as Change Order work to Phase 1. o Street a. Add wheel chair ramps and curb replacements on intersections along F Street that were added as Change Order work to Phase 1. b. Add street reconstruction work to F Street that was added as Change Order work to Phase 1. • Submittals o City requested additional submittal at 90% completion. END OF EXHIBIT A-1 H:\PROJ\CP0762-LesGoveNeighborhoodlmpWgreements\Roth Hill Consultant AgreementWmendment #2\AGC331.ExhibitA- 1.docx AMENDMENT #3 TO AGREEMENT NO. AG-C-331 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING, INC RELATING TO PROJECT NO. CP0762, LES GOVE NEIGHBORHOOD IMPROVEMENTS THIS AMENDMENT is made and entered into this ~L day of ~CeMi1a~ , 2009, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the °CITY°), and ROTH HILL ENGINEERING, INC. (hereinafter referred to as the "CONSULTANT") as an Amendment to the Agreement between the parties for AG-C-331 executed on the 23`d day of April, 2008, and amended by agreement dated the 31 st day of December 2009, and amended by agreement dated the 23rd day of September 2009; 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 to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. The 2010 Fee Schedule (Exhibit B) is attached and made a part of this amendment. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-331 executed on the 23`d day of April, 2008, 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. ROTH NGI I . Y' Aut rized signatu e ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) B. Lewis, Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk Approafed)as to ~ J~: ! D~.r'el B. Heid, Auburn City Att mey Amendment No. 3 for Agreement No. AG-C-331 Roth Hill Engineering, Inc. Page 1 of 1 EXHIBIT B FEE SCHEDULE Roth Hill Engineering Partners, LLC. fee schedule by staff and reimburseable expense classification as of November 01, 2009. Rates are subject to mod9fication. STAfF TIME Classification EIT/ Sr. Designer Civil Specialist Engineer Project Manager Planner Technician CAD (inciudes mapping and GIS) Construction Services Specialist Construction Representative Senior Surveyor Surveyor ProjectSurveyor(PLS) Administrative Administrative Lead Director / Principal / Sr. Engineering Consultant Hourly_Biliinq Rate Rance $86.00 - $114.00 $81.00 - $153.00 $109.00 - $165.00 $155.00 - $168.00 $95.00 - $121.00 $71.00 - $74.00 $97.00 - $106.00 $81.00 - $153.00 $98.00 - $110.00 $86.00 - $114.00 $55.00 - $104.00 $126.00 - $140.00 $42.00 - $87.00 $89.00 - $151.00 $163.00 - $194.00 DIRECT NON-SALARY REIMBURSABLE EXPENSES All reimbursable expenses are at cost and will be marked-up 10% • Outside Reproduction Fees • CourierFees • Subconsultant Fees • Materials and Supplies • Mileage at $0.55 or the current approved IRS rate. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants. If approved, the CITY shall reimburse the CONSULTANT for #he actual cost of the subcontracts plus a 10% markup to coverthe CONSULTANT'S additional overhead expense associated with the Subcontracf. .Ib.9 AMENDMENT #4 TO AGREEMENT NO. AG-C-331 BETWEEN THE CITY OF AUBURN AND ROTH HILL, L.L.C. RELATING TO . PROJECT NO. CP0762, LES GOVE NEIGHBORHOOD IMPROVEMENTS ~ THIS AMENDMENT is made and entered into this day of 2010, by and between the C1TY OF AUBURN, a rriunicipal corporation of the ate of Washington (hereinafter referred to as the "CITY"), and ROTH H1LL, L.L.C. (here nafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-331 executed on the 23`d day of April, 2008, and amended by agreement dated December 31, 2008, and amended by agreement dated September 23~d 2009, and amended by agreement dated December 21 St, 2009. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the contract term. 2. SCOPE OF WORK: See Exhibit B, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: An additional $15,750.00 has been added to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-331 executed on the 23`d day of April, 2008, 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. ROTH HILL, L.L.C. By: ATTEST By: Its: Approved as to form (Optional): Attorney for (Other Party) Amendment No. 3 for Agreement No. AG-C-331 Roth Hill, L.L.C. Page 1 of 1 ITY OF A Peter B. Lewis, Mayor ATTEST: ~ Danielle E. Daskam, Auburn City Clerk Q F- m K W a O ~ ~ Y i ~ ~ C N ~ 'S N C O U ~ V ~ 0 L a~ 0 . a c a EN > _ o ° a~ L E ~ o = o ° sV ~ o~ ~ .Q ~ o 2M z z c 0 > E o ~ w ~ Q 3 .0 Q ~ 0 (U 9- N ~ U a 0 ~ ~ ~ s a Project CP0762 Les Gove Neighborhood Improvements EXHIBIT B SCOPE OF SERVICES During the term of this Amendment #4 to AGREEMENT No. AG-C-331, Roth Hill, LLC (CONSULTANT) shall perform additional professional services for the City of Auburn (CITY), in connection with the Les Gove Neighborhood Improvements Project. The additional professional services shall be defined as Tasks and shall be as follows: TASK 1. PROJECT MANAGEMENT Task 1.1 Work Plan The CONSULTANT shall provide general project management as outlined in the original Scope of Services, for the added scope. TASK 2. CONSTRUCTION SUPPORT Task 2.1 Construction Sunuort The CONSULTANT shall provide Construction support for the project during the course of the construction period. Construction Support may include the following, as requested by the CITY; • Provide changes to plans or specs as necessary to respond to field conditions. • Prepare change orders as necessary, including a11 documentation and coordination with the CITY. • Provide CITY with responses to Contractor RFI's as they arise. • Prepare Record ("as-built") Drawings for both phases of the project, and transmit mylar originals and digital files to the CITY. Assume the CITY will provide inspector's reports and records as required and redlined markups of construction drawings. The CITY will provide the original mylar drawings for CONSULTANT' S use in preparing record drawings. The CONSULTANT will prepare hand drafted changes to the original mylar drawings and electronic copies of the changes in AutoCAD 2009 format. The amount of work for each of the above tasks shall be limited to the number of "hours" identified of each task in the attached Exhibit A. Any effort required above and beyond the hours identified in Exhibit A will be in addition to Amendment #4 and will require an additional budget amendment. Les Gove Neighborhood Improvements AG-C-331 Amendment #4 Scope of Work May 2010 Page 1 Oy-9. I L~PO~ 2. AMENDMENT #5 TO AGREEMENT. NO. AG-C-331 BETWEEN THE CITY OF AUBURN AND'ROTH HILL, LLC RELATING TO PROJECT NO. CP0762, LES GOVE NEIGHBORHOOD IMPROVEMENTS THIS AMENDMENT is made and entered into this-~- day of 2010, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter'referred tows the "CITY"), and ROTH HILL, LLC. (hereinafter referred to as the "CONSULTANT") as an Amendment to the Agreement between the partie&for AG-C-331 executed on the 23rd day of April, 2008, and amended by agreements dated the 31 st day of December 2008; the 23rd day of September 200. 9, the 21 St day of December 2009 and the 8m day of June 2010. 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, 2011. 2. SCOPE OF WORK: There is no change to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. The 2011 Fee Schedule (Exhibit B) is attached and made a part of this amendment. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-331 executed on the 23rd day of April, 2008, 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. ROTH HILL, LLC. AU By- . ure Peter B. is, Mayor _ ATTEST: ATTE 7( By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appr d as t rm: Attorney for (Other Party) Daniel B. Heid, uburn City orney Amendment No. 5 for Agreement No. AG-C-331 Roth Hill, LLC. Pagel of 1