HomeMy WebLinkAboutPentec Environ AG-C-243
1\3./b.9
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-243
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 with, Pentec Environmental, A Division of Hart Crowser, Inc., whose
address is 120 Third Avenue South, Suite 110, Edmonds, WA 98020-8411, 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, attached and by this reference made 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 2004 and 2005. This Agreement shall terminate April 30,
2005.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by an act of
GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COMPENSATION.
The CONSULTANT shall be compensated for the work rendered under the
approved Scope of Work identified in Exhibit A, on a time and material basis, not to
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Agreement for Professional Services AG-C-243
November 19. 2004
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exceed the following totals for the current year and succeeding years combined:
Task 1: $350.00
Task 2: $700.00
Task 3: $1,600.00
Task 4 (optional): $2,650.00
Total Compensation: $5,300.00
The compensation to be paid to the CONSULTANT shall not exceed $2,650.00 for the
year 2004. Compensation to be paid to the CONSULTANT for 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. 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. Exhibit C is attached hereto
and by reference made a part of this Agreement.
The CONSULTANT shall be paid by the CITY for direct non-salary cost, per
attached Exhibit B. These charges may include, but are not limited to the following
items: reproduction fees, communication fees, and mileage. 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.
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Agreement for Professional Services AGC-243
November 19. 2004
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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
4. 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.
5. INDEMNIFICA TION/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,
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
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Agreement for Professional Services AG-C-243
November 19. 2004
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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.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage
to property which may arise from or in conjunction with services provided to the CITY by
the CONSULTANT, its agents, employees or subcontractors, under this Agreement.
The CONSULTANT agrees to provide commercial general liability insurance and shall
maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per
occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The
CONSULTANT shall also provide and maintain professional liability coverage in the
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Agreement for Professional Services AGC-243
November 19. 2004
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minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO
MILLION DOLLARS ($2,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY,
its officials, employees and agents. Any insurance or self insurance maintained by the
CITY, its officials, employees or agents shall be excess to the CONSULTANT'S
insurance and shall not contribute with it. Each insurance policy required by this
section of the Agreement shall be endorsed to state that coverage shall not be
suspended, voided, or canceled except when 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. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of
the execution of this Agreement. 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.
8. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
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Agreement for Professional Services AG-C-243
November 19. 2004
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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.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information 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.
10. 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;
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Agreement for Professional Services AGC-243
November 19. 2004
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(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
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 proposal.
11. 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
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Agreement for Professional Services AG-C-243
November 19. 2004
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may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
12. GENERAL PROVISIONS.
12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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.
12.5. 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.
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Agreement for Professional Services AGC-243
November 19. 2004
Page 8 ofJO
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12.6. 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.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Wayne C. Adams, 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 Pentec Environmental
Attn: Robert E. Lee, III Attn: Michael Muscari
25 W Main Street 120 Third Avenue S, Suite 110
Auburn WA 98001 Edmonds, WA 98020
Phone: 253.804.5071 Phone: 425.775.4682
Fax: 253.931.3053 Fax: 425.778.9417
E-mail: rlee@auburnwa.gov E-mail: muscari@oentecenv.com
12.10. 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 12.9, 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.
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Agreement for Professional Services AG-C-243
November 19. 2004
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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.
12.11. 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.
~
Pete B Lewis, :ayor .-:-:
Date /J - l,- D '-f
ATTEST:
~~t~-
Dan' lie E. Daskam, City Clerk
Title:
Federal Tax ID # '
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Agreement for Professional Services AGC-243
Nuvember 19. 2004
Page 10 of 10
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EXHIBIT A
SCOPE OF SERVICES
During the term of this AGREEMENT, Pentec Environmental, A Division of Hart
Crowser, Inc. (CONSULTANT) shall perform professional services for the City of
Auburn (CITY) in connection with the following project:
Project C302B
West Valley Highway Pedestrian Facilities
Peasely Canyon Road to 15th Street SW
PROJECT DESCRIPTION
This project includes the construction of pedestrian facilities along West Valley Highway
from Peasley Canyon Road south to the City limit. These facilities will include a 12-foot
wide pedestrian trail from Peasley Canyon Road south to 15th Street SW and the
completion of pedestrian facilities south of 15th Street SW to the City limit.
SCOPE OF SERVICES
The scope of services for this agreement focuses on completing the Draft Wetland
Delineation Report for the Geodecke South property produced by the CONSULTANT
under a previous contract with the CITY. Completing a revised report involves task
items described below:
Task 1-lnitial Project Meeting
A meeting was held at CITY offices on September 2, 2004, to discuss the proposed
alignment of the non-motorized trail and the potential wetland impacts and permitting
requirements. In attendance were Michael Muscari (Pentec), Robert Lee (project
engineer), and Bill Helbig (senior project engineer).
Deliverables
There are no deliverables associated with this task.
Task 2-/mpacts Ana/ysis
The wetland delineation conducted by the CONSULTANT in 2003 will be used as the
basis for analyzing potential wetland impacts. The CONSULTANT will work with City
Agreement for Professional Services AG-C-243
11/1812004
Exhibit A
Page 1 of3
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engineers to determine the footprint of the proposed non-motorized trail and what
impacts the construction of the non-motorized trail might have on the wetlands.
Deliverables
There are no deliverables associated with this task. Results will be included in the
revised wetland report discussed under Task 3.
Meetings
One meeting (on-site) will be conducted to verify wetland boundaries and non-motorized
trail alignment.
Assumptions
The proposed non-motorized trail alignment will be marked in the field or a
representative from the City will meet on site to discuss the alignment.
Task 3-Revise Wetland Report
The CONSULTANT will revise the Wetland Report dated June 10, 2003, to include a
brief description of the non-motorized trail construction, impacts analysis, and
conceptual mitigation plans.
Deliverables
Three (3) bound copies of the draft revised Wetland Report and three(3) final revised
Wetland Report will be provided in the CONSULTANT's standard format. Graphics will
be provided in 8% x 11 or 11 x 17 format.
Meetings
No meetings are associated with this task.
Assumptions
Sufficient area for mitigation will be available on the site.
Task 4 (optional) -Permitting Assistance
If the revised Wetland Report supports sufficient impact to the wetland and a
subsequent permit is required, the CONSULTANT will provide permitting assistance for
the proposed project, including a Joint Aquatic Resources Permit Application (JARPA)
for any proposed wetland impacts and, if necessary, a Nationwide Permit 14 from the
U.S. Army Corps of Engineers (Corps), and Section 401 Water Quality Certification from
Washington State Department of Ecology (Ecology).
Agreement for Professional Services AG-C-243
11/1812004
Exhibit A
Page 2 of 3
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The CONSULTANT will submit a JARPA, which will include the results of the impacts
analysis and conceptual mitigation plans, if necessary. This plan may include
preliminary planting plans, plant materials schedules, and monitoring plan concepts.
Mitigation construction-level documents will not be prepared for this task. Detailed
descriptions of the proposed non-motorized trail construction, including amount of filling
and grading, erosion control plans, and anticipated construction methods will be
required. The City will be responsible for providing this detailed project description. As
part of the project description, the City also will provide an estimate of the amount of
new impervious surface area and proposed stormwater conveyance and water quality
facilities, if any. This information will be used to complete the JARPA and be used by
regulatory agencies to evaluate potential impacts and the adequacy of proposed
mitigation.
Assuming wetland impacts are kept below 1/10th of an acre, mitigation will be minimal
and will likely be accepted by the Corps without comment. If revisions to the
conceptual mitigation plan are required, a contract modification would be needed.
Deliverables
One copy of the JARPA will be submitted to the Corps and two copies will be provided
to the City.
Meetings
One (1) JARPA Review meeting (up to 2 hours + 2 hours travel).
Assumptions
Detailed construction information will be provided by the City.
AutoCAD files will be provided by the City with delineated wetland boundaries and
proposed non-motorized trail alignment.
SCHEDULE
Work on this project will begin, including the site visit, within 2 weeks of a signed
contract. The JARPA will be complete and submitted to agencies within 3 weeks
following receipt of preliminary (30%) design details and drawings and detailed project
description from the City.
Agreement for Professional Services AG-C-243
11/1812004
Exhibit A
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EXHIBIT B
FEE SCHEDULE
Pentec Environmental, Inc.
CHARGES: Charges for employees are determined by the hourly rates listed below and
include all costs for direct salary, overhead and profit. Charges for reimbursable expenses are
specified below.
Personnel labor Rates
Labor Category Hourly Rate Labor Category Hourly Rate
Senior Principal $180.00 Principal $165.00
Senior Associate $150.00 Associate $135.00
Senior Project $120.00 Project $100.00
Senior Staff $85.00 Staff $70.00
Technician $60.00 Senior Drafter (CAD) $75.00
Drafter (CAD) $60.00 Word Processor $60.00
Expense Rates
Expense Category Billing Rate
Mileage $0.375/mile
Sub-Consultants Cost + 10%
Agreement for Professional Services AG-C-243
11/19/2004
Exhibit B
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CONSULTANT INVOICES
Consultant invoices should contain the following information:
. On consultant letterhead.
. A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
. Internal invoice number and/or sequential numeric number (I.e.: progress payment # 10).
. Invoice date.
. Period of time invoice covers.
. Consultant Agreement # (I.e.: AG-C-115).
. Project number(s) listed (I.e.: PR562).
. City's project manager listed.
. The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (I.e.: design,
right-of-way, or construction) or task order number.
. Direct salary (base salaries)
. Indirect salary (benefits)
. Direct non-salary (I.e.: mileage, reproduction fees (I.e.: printing, copying), communication
fees (I.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The City does not pay for consultant meals unless part of a task requires travel
outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken
down and backup information is to be attached to invoice. Project managers are to inform
consultants as to what is required for break down information and if backup information is to
be attached. Break out the same for subconsultant charges.
. Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
. Percentage of work completed to date compared to total amount of work (if required by the
project manager).
. Status of Management Reserve Fund (MRF) (I.e.: a certain task) until we can get an
amendment in place.
. Invoices for previous year are due by January 15'h.
. For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Agreement for Professional Services AG-C,243
11/19/2004
Exhibit C
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SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn WA 98001 Invoice Date: February 10, 2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG-C-01 0 Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourlv Rate Amount
Mike Jones, Principal in Charge 1 $125.00 $125.00
Carla Maker, Architect 5 $ 72.00 $144.00
Joe Smith. Word Processina 10 $ 48.00 $480.00
Consultant Personnel Sub Total: $749.00
EXDenses (see attached documentation) Charaes MultiDlier Total
Mileage ($0.345/mile): 20 miles xU $ 7.59
Communications: $30.00 x 1.1 $33.00
Printina: $29.00 xU $31.90
Consultant Expenses Sub Total: $72.49
Consultant Total: $821.49
SUB CONSULTANTS
Subconsultant (see attached documentation) Hours Hourlv Rate Amount
ABC ENVIRONMENTAL, INC., Civil Engineer 10 $100.00 $1,000.00
ELECTRICAL CONSULTING, Electrical Engineer 5 $100.00 $ 500.00
MECHANICAL SOLUTIONS, Mechanical Engineer 10 $100.00 $1,000.00 MRF'
MOVING COMPANY. Movina Consultant 2 $100.00 $ 100.00
Subconsultant Sub Total: $2.600.00
x 1.1 Multiplier: $ 260.00
Subconsultant Total: $2,860.00
__'_"_.._n_n_u_"_"_n_.._n_,,_u_u_.._n_n_,,_u_U__._n_n_.._.._n_"_.__n_n_.._.._n_u_.._n_n_.._u_n_.._n_.._n_"_'__.._n_.._n_"_"_'._.._n_"_"_"_"_n_n.
TOTAL DUE THIS INVOICE $3,681.49
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CONTRACT BREAKDOWN
Amount Prior This Total Invoiced % % Amount
Task Authorized Invoiced Invoice To Date Expended Completed Remaining
Original
C::()ntrac:t~?:1,()()(),()Q ..11,Q:1?()0 ...........gE)~1,~9 ...........~3,7()E)~~ . 20% 25% . ...~J~,2~~,?1
MRF' $2,500.00 $0.00 $1,000.00 $1,000.00 40% 45% $1,500.00
TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51
Note: MRF=Management Reserve Fund
. Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount
of $2,000.00.
Agreement for Professional Services AG,C-243
11/19/2004
Exhibit C
Page 2 of 2
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,A.:S.lb.Cj
AMENDMENT #1 TO AGREEMENT NO. AG-C-243 BETWEIEN
THE CITY OF AUBURN AND PENTEC ENVIRONMENTAL
RELATING TO PROJECT NO. C302B, WEST VALLEY HIGHWAY PE:DESTRIAN
IMPROVEMENTS
THIS AMENDMENT is made and entered into this 20th day of January 20m3, between the
CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to
as the "CITY"), and Pentec Environmental, A Division of Hart Crowser, Inc., (he!reinafter
referred to as the "CONSUL TANT"), as an Amendment to the Agreement betwl3en the parties
for AG-C-243 executed on the 6th day of December, 2004.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
February 10, 2006.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: The amount of this amendment is $800. The total contract amount is
increased to a total of $6,100.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-C-243 executed on the 6th day of December 2004, 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.
By: CITY~~
Autho' ed signature Peter B. Lewis, Mayor
ATTEST (Optional): 2)EST: , ~~
By: Da~-aaSkarn, Auburn City Clerk
Its:
Approved as to form (Optional):
Attorney for (Other Party) rney
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Amendment NO.1 for Agreement No. AG-C-243
Pentec Environmental
Page 1 of 1
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