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HomeMy WebLinkAboutLandau Associates AG-C-371c G 2009 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-371 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 Landau Associates, a corporation, whose address is 950 Pacific Avenue, Suite 515, Tacoma, WA 98402, hereinafter referred to as "CONSULTANT" or "Landau Associates." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2009, and can be amended by both parties for succeeding years. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. Agreement for Professional Services AG-C-371 5/11/2009 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 exceed $24,230.00. 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. 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, 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 Agreement for Professional Services AG-C-371 5/11 /2009 Page 2 of 12 shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. 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, befinreen the CITY and subcontractor, any contract 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. 5. 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 Agreement for Professional Services AG-C-371 5/11 /2009 Page 3 of 12 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. 6. 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, 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. 7. 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. Agreement for Professional Services AG-C-371 5/11 /2009 Page 4 of 12 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: 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 Agreement for Professional Services AG-C-371 5/11 /2009 Page 5 of 12 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. 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 Agreement for Professional Services AG-C-371 5/11 /2009 Page 6 of 12 any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. 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. 10. 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. 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. Agreement for Professional Services AG-C-371 5/11 /2009 Page 7 of 12 11. 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 pertorming 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. Agreement for Professional Services AG-C-371 5/11 /2009 Page 8 of 12 12. 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. 13. GENERAL PROVISIONS. 13.1. 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. 13.2. 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. 13.3. 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 Agreement for Professional Services AG-C-371 5/11 /2009 Page 9 of 12 cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. 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. 13.5. 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. 13.6. 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. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. 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 Landau Associates Attn: Jennifer Wynkoop 950 Pacific Avenue, Suite 515 Tacoma, WA 98402 Phone: 253.926.2493 Fax: 253.926.2531 E-mail: jwynkoop@landauinc.com Agreement for Professional Services AG-C-371 5/11/2009 Page 10 of 12 13.10. Ail 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. 13.11. 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-371 5/11 /2009 Page 11 of 12 C I ..u~ LN~~ , Peter B. Lewis, M or Date ATTEST: Danielle E. Daskam, City Clerk APP,ROVEDAS TO FQRM: iel B. Fi*d, City Attorney Landau Associates BY: S^' - C) Title: F r j •.C+ Q, \ Federal Tax -7 Agreement for Professional Services AG-C-371 5/11/2009 Page 12 of 12 EXHIBIT A SCOPE OF WORK Exhibit A- Scope of Work Agreement No. AG-C-371 Page 1 of 4 City of Auburn Exhibit A Mohawk Plastics Wetiand Mitigation Improvements Scope of Services Public Works Project No. CP0767 Design Services Page 2 of 4 EXHIBIT A SCOPE OF SERVICES City of Auburn Mohawk Plastics Wetland Mitiation Improvements Public Works Project No. CP0767 Design Services - Landau Associates Task 1 - Construction Plans This task consists of the design services necessary to prepare construction documents for the wetland construction for the CITY. Deliverables for Task 1 The following drawings are anticipated as part of the Construction Plan Set. 1. Cover Sheet 2. General lnformation Sheet 3. Horizontal Control Plan 4. Erosion Control Plan 5. Grading Plan 6. Planting Plan 7. Details and Notes It is assumed as part of this task, that Landau Associates witl prepare a draft set of the plans for review by the CITY. The plan sheets will be 22 x 34 and at a scale no greater than 1"=30'. The CITY will review the draft set, make comments, and Landau Associates will then prepare a final paper check set for the CITY to verify all comments were addressed correctly. Upon approval of the final check set by the CITY, the final mylar plans and a CD with the AutoCAD Drawings enclosed will be provided to the CITY. Task 2- Specifications and SWPPP Landau Associates will assist the CITY with parts of Division 1, review Divisions 0 and 1 for conformance with Divisions 2-9, and prepare Divisions 2-9 of the specifications for the project. It is understood that only those divisions which are necessary for work related to the project will be included. Landau Associates will also prepare the SWPPP and the Notice of Intent. The SWPPP will be prepared using the Ecology template. The Notice of Intent will be readied for publication by Landau Associates. Landau Associates will assist the CITY in publishing the SWPPP in accordance with the permit requirements. 5/12/09 Y:W04\018.020\tvAMohawkConstruceon Exhibit A,doc LANDAU ASSOCIATES 2 City of Auburn Exhibit A Mohawk Plastics Wetland Mitigation [mprovements Scope of Services Public Works Project No. CP0767 Design Services Page 3 of 4 Deliverables for Task 2 It is assumed as part ofthis task, that Landau Associates will prepare a draft (Microsoft Word) set of the specifications for review by the CITY. The CITY will review the draft set, make comments, and Landau Associates will then prepare a final check set for the CITY to verify that the comments were addressed. Upon approval of the final check set, final copies will be provided to the CITY. The specification cover sheets will be stamped by an engineer. The final copy set will include a PDF and a Microsoft Word copy of the specifications, a Microsoft Word copy of the SWPPP and a hard copy of each. The hard copy ofthe SWPPP will be placed in a three-ring binder. Task 3 - Engineers Estimate Landau Associates will prepare an Engineers Estimate for the proposed project for the CITY. The estimate will be based on the ftnal plans and will be prepared in accordance with the WSDOT 2008 Standards and Specifications or the special provisions for payment as appropriate. Deliverables for Task 3 It is assumed as part of this task, that Landau Associates will prepare a draft (Microsoft Excel) Engineers Estimate for review by the CITY. The CITY will review the draft estimate, make comments, and Landau Associates will then prepare a final check set for the CITY to verify that the comments were addressed. Landau Associates will then provide final copies for the CITY. The final copy set will include a PDF and a Microsoft Excel copy of the Engineers Estimate and a hard copy of the same. Task 4- Project Coordination, Management, and Meetings This task includes coordination with the CITY during the project. Up to 30 hours of staff time are included in this task for coordination with the CITY, meetings, and other project management tasks. Correspondence regarding changes to the plans or specifications or details, based on site conditions, will be made via e-mail and telephone to a primary point of contact. If additional unforeseen circumstances arise that require services not included in this scope of work, Landau Associates will seek CITY approval prior to commencing any tasks not within this scope of work. Task 5 - Project Schedule Landau Associates will provide a proposed design schedule to be reviewed and approved in writing by the CITY. Any modifications to the schedule will be agreed to and approved in writing by Landau Associates and the CITY. 51I2/09 Y:W04\018.020\IvPMohawk Construc4on Exhibit A.doc LANDAU ASSOC.IATES 3 City of Auburn Exhibit A Mohawk Plastics Wetland Mitigation Improvements Scope of Services Public Works Project No. CP0767 Design Services Page 4 of 4 Assumptions for Tasks 1 through S • The wetland grading and planting plans shall be substantially the same as shown in the February 6, 2009 report by Landau Associates. • Final check sets will be provided to verify the proper incorporation of CITY comments on draft documents. Significant comments beyond the draft comments are not anticipated. • Support for the project bidding process, with the exception of the correction to contract documents due to Landau error, other than the preparation of the Engineers Estimate is not included. • Onsite construction supervision is not included. • Record (As-built) drawings are not included. • Preparation of the SWPPP includes the initial preparation of the SWPPP document and the Notice of Intent Application. After plan preparation it is assumed the SWPPP wil) be transferred to CITY control. • No required fees are included as part of this proposal. • No survey work is included as part ofthis proposal. • Project soil quantities will not be required to balance. It is assumed some soil will need to be transported off site. • The estimate only includes the work proposed; any work not specifically mentioned is to be considered out of scope work. - End of Exhibit A - 5/12/09 Y.\404\018.020V"ohawkConstruction Erzhibit A.doc LANDAU ASSOC.IATES 4 EXHIBIT B FEE SCHEDULE Landau Associates Charges: Charges for employees are determined by the houriy rates listed below. Charges for reimbursable expenses are specified below or in individual task order proposals. Labor Rates Labor Cate o Hourl Rate Ran e Princi al $190.00 Senior Associate $172.00 Associate $155.00 Senior $140.00 GIS S ecialist $130.00 Senior Project $127.00 Pro'ect $117.00 GIS Analyst $110.00 Senior Staff $104.00 Senior CAD $93.00 Staff / Senior Technician II $92.00 Assistant / Senior Technician I $82.00 Project Coordinator $80.00 CAD / GIS Technician $75.00 Technician $71.00 Support Staff $60.00 Expense Rates Expense Cate o Billin Rate Milea e $0.505/mile or current IRS rate Outside Photocopies/Printing Cost + 10% Trans ortation b Public Carrier Cost + 10% Outside Services or Subconsultants Cost + 10% Materials and Su lies Cost + 10% Exhibit B - Fee Schedule Agreement No. AG-C-371 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-371). • Project number(s) listed (i.e.: CP0767). • CITY'S project manager listed (i.e.: Leah Dunsdon). • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proofl 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. • Invoices for previous year are due by January 15`h. Exhibit C - Consultant Invoices Agreement No. AG-C-371 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Leah Dunsdon (Project Engineer) Agency Agreement AG-C-371 Invoice 5222 Progress Payment 2 Invoice Date: February 10, 2009 Project Name: Mohawk Plastics Wetland Mitigation Improvements Project CP0767 Design Services performed during the period of: January 2009 LANDAU ASSOCIATES. Personnel Hours Hourl Rate Amount Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00 Carla Maker, En ineer 5 $ 72.00 $ 144.00 Joe Smith, Su ort Staff 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 Trans ortation b Public Carrier $ 30.00 x1.1 $ 33.00 Consultant Ex enses Subtotal $ 40.59 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 789.59 Subconsultant Hours Hourl Rate Amount ABC Geotech., Inc., Geotechnical En ineer 16 $ 100.00 $ 1,600.00 Mechanical Solutions, Mechanical En ineer 10 $ 100.00 $ 1,000.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multi lier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN $ 2,860,00 $ 3,649.59 Task Amount Authorized l Prior Invoiced This Invoice Totallnvoiced To Date % Ex ended % Com leted Amount Remainin Contract $22,000.00 $ 1,025.00 $ 3,649.59 $ 4,674.59 21% 25% $ 17,325.41 Exhibit C - Consultant Invoices Agreement No. AG-C-371 Page 2 of 2 1 AMENDMENT #1 TO AGREEMENT NO. AG-C-371 BETWEEN THE CITY OF AUBURN AND LANDAU ASSOCIATES RELATING TO ENGINEERING DESIGN SERVICES FOR THE MOHAWK PLASTICS WETLAND MITIGATION IMPROVEMENTS PROJECT THIS AMENDMENT is made and entered into this day of 5`' -P~\ ~e1l, 2009, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and LANDAU ASSOCIATES, (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-371 executed on the 15th day of May, 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: The scope of work is changed as shown in Exhibit A-1. 3. COMPENSATION: An additional $10,560.00 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-371 executed on the 15th day of May, 2009, 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. LANDAU ASSOCTL- L By: A orized signatu e CI Y OF AUB ~ Peter B. Lewis, Mayor ATTEST (Optional): By: 'I.J.-JsC~A w. its: ~m ~ c, sy " Approved as to form (Optional): Attorney for Other Party ATTEST: Dan e E. Daskam, Auburn City Clerk Ap ed a.S-ta"fiarm: s' iel B. i, Auburn City Attorney Amendment No. 1 for Agreement No. AG-C-371 Landau Associates Page 1 of 1 Exhibit A-1 Additional Scope of Services AG-C-371 Page 1 of 2 EXHIBIT A-1 ADDITIONAL SCOPE OF SERVICES City of Auburn Mohawk Plastics Wetland Mitigation Improvements Public Works Project No. CP0767 Design Services Landau Associates 1. 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-371. These additional services consist of the following: a) Gradinq Desiqn - Per Assumptions listed in Exhibit A(Scope of Services) of the original Agreement No. AG-C-371, "The wetland grading and planting plans shall be substantially the same as shown in the February 6, 2009 report by Landau Associates." The grading design is significantly different than the plans in the report. Additional design elements include grading around trees intended for preservation and associated construction/general notes. b) Horizontal Control/Coordinate Geometry - Addition of coordinate geometry with northing/easting information to tables on three different plan sheets. c) Irriqation Desiqn - Additions to the plan set and Special Provisions to include irrigation design and details. d) Sensitive Area Fence/Conservation Easement - Additions to the plan set and Special Provisions to include a Sensitive Area Fence and a Conservation Easement. e) Wetland Buffer Desiqn - Additions to the plan set to include work within the wetland buffer along the western and southern sides of the wetland, as opposed to only on the northern side of the wetland. f) Crushed Surface Base Course (CSBC) - Additions to the plan set and Special Provisions to incorporate CSBC to the existing gravel access road at the southern end of the project site. 2. PROJECTED SCHEDULE Additional services will be included in the schedule for the original scope. 3. SCOPE OF SERVICES and TASKS The Consultant shall provide additional services according to the following tasks: Task 1 - Construction Plans Include the following additional design tasks in the Plan Set: • Grading Design • Horizontal Control/Coordinate Geometry City of Auburn Exhibit A-1 Mohawk Plastics Wetland Mitigation Improvements Additional Scope of Services Public Works Project No. CP0767 AG-C-371 Design Services Page 2 of 2 • Irrigation Design - details, location in plans • Sensitive Area Fence/Conservation Easement Design - details, location in plans • Wetland Buffer Design • CSBC Task 2- Specifications and SWPPP Include the following additional design elements in the Special Provisions and SWPPP: • Irrigation Design (Divisions 8 & 9) • Sensitive Area Fence/Conservation Easement Design (Divisions 8& 9) • Wetland Buffer Design (Division 8) - hand grubbing area & buffer seed mix • CSBC (Division 4) Task 3 - Engineers Estimate No additional scope elements. Task 4- Project Coordination, Management, and Meetings Project management and coordination required, as outlined in the original Scope of Services, for the added scope. Task 5 - Project Schedule No additional scope elements. END OF EXHIBIT A-1 ~ CITY OF * * Peter B. Lewis, Mayor tiBURN A # WAS H INGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000 February 8, 2010 GITY OF AUBURN np r1 i:R1Cq nFFICF FEB 79, 7010 Mr. Jason Long Landau & Associates, Inc. 130 2"d Avenue South Edmonds, WA 98020 RE: Agreement for Professional Services, AG-C-371 Project No. CP0767, Mohawk Plastics Wetland Mitigation Improvements Dear Mr. Long: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on November 9, 2009 for invoice #25756 in the amount of $10,559.50. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by February 19, 2010. Thank you for your firm's professional services in work related to the Mohawk Plastics Wetland Mitigation Improvements project. If you should have any questions, please call me directly at 253-804-3113. Sincerely, In id au , E. Assistant City Engineer Department of Public Works IG/ad/hm cc: Dani Daskam, City Clerk File, AG-C-371 File, CP0767 (1.20) A1 TRT TR m * MORE THAN YOU IMAGINEC