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HomeMy WebLinkAboutCasne Engineering Inc AG-C-340^ 3. 1 (11. ~ AGREEMENT FOR PROFESSIONAL SERVICES AG-C-340 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 Casne Engineering, Inc. whose address is 10604 NE 38t" Place, Suite 205, Kirkland, WA 98033, 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 and 2009. All work under this Agreement shall be completed by January 31, 2009. 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 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 Agreement No. AG-C-340 Page 1 of 10 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, not to exceed the following totals for the current year and succeeding years combined. Tasks 1 - 4 $ 105,000.00 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 Schedule outlined in Exhibit B of this Agreement. Exhibit B is attached hereto and by reference made a part of this Agreement. 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 for direct non-salary cost per 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. 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. Agreement No. AG-C-340 Page 2 of 10 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 $30,000.00. 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 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 Agreement No. AG-C-340 Page 3 of 10 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 defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement. 8. INDEPENDENT CONTRACTOR/ASSIGN M ENT. 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. Agreement No. AG-C-340 Page 4 of 10 CONSULTANT'S maintenance of insurance as required by the Agreement shali not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: 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: 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. Agreement No. AG-C-340 Page 5 of 10 b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 10. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 11. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information 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. Agreement No. AG-C-340 Page 6 of 10 The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within 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. Agreement No. AG-C-340 Page 7 of 10 13. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 14. GENERAL PROVISIONS. 14.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 14.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been 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. Agreement No. AG-C-340 Page 8 of 10 14.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 14.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 14.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 14.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 14.9. This Agreement shall be administered by Kenneth L. Albinger 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: Robert E. Lee, III 25 W Main Street Auburn WA 98001 Phone: 253.804.5071 Fax: 253. 931.3010 E-mail: rlee@auburnwa.gov Casne Engineering, Inc. Attn: Kenneth L. Albinger, P.E. 10604 NE 38'h Place, Suite 205 Kirkland, WA 98033 Phone: 425.522.1030 Fax: 425.828.2622 E-mail: ken.albinger@casne.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, Agreement No. AG-C-340 Page 9 of 10 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. CITY(, -A OIF k f Peter B. Lewis, Mayor Date 5FP 2 $ 2008 ATTEST: Da ' le E. Daskam, City Clerk APP;RO' ED FORM~ Daniel B. Heid;'City 7octtorney CASNE ENGINEERING, INC. BY: A4 =AIL Title: Federal Tax ID # ~(,~ Agreement No. AG-C-340 Page 10 of 10 Exhibit A Scope of Work During the term of this AGREEMENT, Casne Engineering, Inc. (CONSULTANT) will perform the following professional services for the City of Auburn (CITY): Task 1, Evaluation of Planned Facility and Security Improvements 1.1 Review these items to assist in developing the list of future improvements. Planned items will be included in a master list of planned improvements to be discussed in the meeting under Task 4 below. 1.2 Review these plans and develop a list of proposed improvements. Planned items will be included in a master list of planned improvements to be discussed in the meeting under Task 4 below. 1.3 Roth Hill will review the vulnerability assessment and the proposed list of improvements in consultation with ACSI and other team members, as well as with the City. The order of improvements will be coordinated with the SCADA improvements priority list in order to achieve efficiency and compatibility. Deliverable consists of prioritized list of security improvements, potentially divided into items dependent on telemetry/communication systems and those unrelated to this communication network. 1.4 As mentioned for items above, this meeting will focus on prioritizing and phasing the master list of improvements. Roth Hill will facilitate this meeting to develop criteria, attach definitions and then prioritize the improvements. Deliverables include a meeting agenda, the initial master list of improvements, a meeting summary and a prioritized version of the master based on the meeting. Additional telephone and remote correspondence may be necessary to complete this task. 1.5 Identify, discuss and categorize the funding available for the project and City's desired timeline for implementation. - Research possible loan, grant and cooperative funding (cost-sharing) sources for the proposed improvements. Task 1, Deliverables The following deliverables will be included in task 1.4: 1.1 Brief summary of (and reference to the name and date of the study) the plans for upgrades to the existing water, storm and wastewater telemetry SCADA system. 1.2 Brief summary of the number and type of new water, storm water and waste water facilities and upgrades planned for the future from the Comprehensive Plans and any other City planning input. Exhibit A Agreement No. AG-C-340 Page 1 of 3 1.3 Brief summary of the number and type of security improvements by water station outlined in the Water System Vulnerability Analysis. 1.4 Brief summary of the number and type of security improvements as approved by city staff. 1.5 Identify the desired project schedule, available funding and possible additional funding for this project. 1.6 Categorize the funding available for the project and show the City's desired timeline for implementation. Task 2, Preliminary Design of the Water Security Improvements 2.1 From 1.4 above, provide a preliminary design of the water system security improvements at each site. This will include a plan drawing on existing station backgrounds, showing only enough detail to define the security improvements required. The components will be defined as to type. Assess alternative security measures, provide preliminary design of alternatives and show on similar sketches. 2.2 From 1.2 above, provide written description of security provisions for future stations. 2.3 Estimate the construction costs of the security improvements for the existing and future water system sites. Task 2, Deliverables The following deliverables will be included in task 2. 2.1 A plan drawing of each water facility (secured) to identify the water security improvements planned. 2.2 A written description of water system security at secured sites including future water sites. 2.3 Estimated construction costs for the existing and future secured water system sites. Task 3, Evaluation of Telemetry Hardware and SCADA Software Options 3.1 Draft criteria and features by which telemetry hardware and SCADA software will be evaluated. 3.2 Submit draft criteria to City for comment and issue approved evaluation criteria. Exhibit A Agreement No. AG-C-340 Page2of3 3.3 Evaluate the existing station telemetry hardware for what should be reused and what options for upgrade should be recommended. Site visits for photo documentation will be required. 3.4 Evaluate the existing SCADA software application and all system peripherals. Make recommendations for short term and long term improvements. Estimate costs of these improvements. 3.5 Compile a table of recommended equipment and estimate telemetry hardware and software upgrade costs. For hardwired sites with tone telemetry, we will identify station upgrades to implement PLC control wiring. Estimate construction costs for station upgrades. Task 3, Telemetry and SCADA Evaluation Deliverables 3.1 Meet with City personnel to discuss the criteria to be used for evaluating telemetry hardware and SCADA software. Publish a list of these features and open it for comment. 3.2 Finalize by discussing and incorporating comments. 3.3 Evaluate and recommend telemetry hardware in use that should continue to be used to replace existing and recommend ways that these improvements can be phased in. 3.4 Evaluate and recommend SCADA software improvements for the short term and long term and provide costs estimates for each improvement. 3.5 Prepare a table of telemetry hardware and software upgrade costs, with station upgrades to implement PLC control wiring costs. 3.6 Prepare report of hardware and software standards. Task 4, Implementation Plan 4.1 Compile from the study effort decisions a System Improvement Guide that will clearly illustrate the sequential improvements that have been agreed on to accomplish the improvements outlined by the City; this includes hardware and software standards. 4.2 From the construction cost estimates, options for phasing and timelines for implementation of the project will be discussed and documented. Issue the Guide as a draft and solicit City comments. 4.3 Publish the draft Feasibility Report for comment by City staff. Meet with City staff to discuss comments on the report. Issue the Feasibility Report final. Final document should include phasing plan. Exhibit A Agreement No. AG-C-340 Page 3 of 3 EXHIBIT B FEE SCHEDULE Casne Engineering, Inc. 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 Project Manager $ 146.00 Sr. Telemetry $ 132.00 Sr. Technology $ 132.00 Controls Engineer $ 132.00 CADD $ 78.00 Administrative Asst. $ 64.00 Expense Rates Expense Category Billing Rate Mileage $0.58.5 /mile or current IRS rate Outside Photocopies/Printing Cost + 10% Transportation by Public Carrier Cost + 10% Outside Services or Subcontractors Cost + 12% Materials and Supplies Cost + 10% Exhibit B Agreement No. AG-C-340 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.: 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`n • For grant/special funded projects there might be other special information needed, reference the LAG manual. Exhibit C Agreement No. AG-C-340 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement AG-C-010 Invoice 5222 Progress Payment 2 Invoice Date: February 10, 2002 Project Name: Thomas Nelson Farm Project PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourl Rate Amount Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processin 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Ex enses see attached documentation Char es Multi lier Amount Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processin $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 821.49 Subconsultant Hours Hourl Rate Amount ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00 Electrical Consultin , Electrical En ineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00 Movin Com an , Movin Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE rf11UTRACT RRFAKn(1WN $ 2,860,00 $ 3,681.49 Task Amount Authorized Prior Invoiced This Invoice Total invoiced To Date % Ex ended % Com leted Amount Remainin Original Contract $22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF" 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1110101 for Mechanical Engineer task in the amount of $2,000.00. Exhibit C Agreement No. AG-C-340 Page 2 of 2 7&1 3 I G . I AMENDMENT #1 TO AGREEMENT NO. AG-C-340 BETWEEN THE CITY OF AUBURN AND CASNE ENGINEERING, INC. RELATING TO PROJECT NO. C524A, SCADA SYSTEM IMPROVEMENTS THIS AMENDMENT is made and entered into this 30th day of January, 2009, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and CASNE ENGINEERING, INC., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-340 executed on the 23rd day of September, 2008. The changes to the agreement are described as follows: CONTRACT TERM: The term of the Agreement for Professional Services is extended to April 30, 2009. 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 AG-C-340 executed on the 23`d day of September, 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. r.~ CASNE ENGINEERING, INC. C By: Authorized signatureU Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: / Its: Da N Ile E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: ~ ri).\ Attorney for (Other Party) iel B. Hei , uburn ity A ey Amendment No. 1 for Agreement No. AG-C-340 Casne Engineering, Inc. Page 1 of 1