Loading...
HomeMy WebLinkAbout3929 RESOLUTION NO.3 9 2 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STUDIO SC FOR THE COMPLETION OF A WAYFINDING DESTINATION AND DESIGN SYSTEM MANUAL THAT INCORPORATES BOTH DESTINATION SELECTION GUIDELINES AND WAYFINDING DESIGN WHEREAS, the City issued a Request for Proposals for which two firms were evaluated, and WHEREAS, a panel comprised of City staff from the Parks, Public Works, Mayor's Office and Planning Building and Community Departments interviewed two firms and selected Studio SC as the finalist, and WHEREAS, a contract has been drafted to cover the required work. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. Implementation. The Mayor of the City of Auburn is hereby authorized to execute an Agreement between the City and Studio SC for consulting services in substantial conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3929 November 21,2005 Page 1 of 2 DATED and SIGNED THIS ,,::::~k DAY OFDeL Em b-ev , 2005. ~ ~ PETER B. LEWIS MAYOR ATTEST: jJ~~ Danielle E. Daskam, City Clerk Resolution No. 3929 November 21,2005 Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-262 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 SANDERS AND CHEN INC. dba STUDIO SC whose address is 500 Aurora Avenue N #303, Seattle, WA 98109, 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 allY work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by July 28, 2006. 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 1 of 13 The total compensation for this Agreement shall not exceed $35,000, which includes a Management Reserve Fund amount of $2,000. Expenditure of Management Reserve Funds must be authorized by the CITY as set forth in Section 4 of this Agreement. The total compensation for this Agreement shall not exceed $35,000. Paid per rates are attached in the fee schedule as shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 2 of 13 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 $2,000. 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 and other services required. The CONSULTANT shall Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 3 of 13 perform its services to conform to generally-accepted professional planning and design 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 and shall process and defend at its own expense any and all claims, injuries, damages, losses, or suits, including attorney fees or equity arising in whole or in part from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, or 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 sole negligence of the CITY, its officers, officials, volunteers, 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, its officers, officials, volunteers, or 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 4 of 13 8. 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. 9. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT shall obtain insurance of the types and in the amounts described below: 1. 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 0001 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. 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, its officers, employees and agents shall be named as an insured --------------------------------------------------------------- Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17,2005 Page 5 of 13 under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY. 3. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. 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, Professional Liability, and Commercial General Liability insurance: 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. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance, self insurance, or insurance pool coverage maintained by the CITY, its officials, employees or agents shall be excess of 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 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 AVII. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 6 of 13 The CONSULTANT shall furnish the City with original 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 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. 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. 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 Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 7 of 13 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 Novem ber 17, 2005 Page 8 of 13 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. 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 CONSU L T ANT 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. --------------------------------------------------------------- Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 9 of 13 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. 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 10 of 13 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 Mark Sanders 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: Mitzi McMahan 25 W Main Street Auburn WA 98001 Phone: 253.804.5031 Fax: 253.804.3114 mmcmahan@auburnwa.gov Studio SC Attn: Mark Sanders 500 Aurora Ave N, #303 Seattle, WA 98109 Phone: 206.262.9270 Fax: not applicable E-mail: msanders@studio- sC.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 13.9 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 11 of 13 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. Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 12 of 13 ATTEST: JJ~~.. Danietle E. Daskam, City Clerk TO FORM: G --------------------------------------------------------------- Exhibit A, Resolution No. 3929 Agreement for Professional Services AG-C-262 November 17, 2005 Page 13 of 13 ~~~ Peter B Lewis, Mayor Date nEe 5 2005 ----" I ~ STUDIO SC ~~ BY: MJIlk.. .rIj7VbFp Title: ~IPlHJI Federal Tax ID # 3S' - z.2-~6Cf B:}- EXHIBIT A SCOPE OF WORK AGREEMENT FOR PROFESSIONAL SERVICES CITY OF AUBURN - STUDIO SC AUBURN WAYFINDING DESTINATION AND DESIGN SYSTEM MANUAL Project Description Produce Wayfinding signage program and wayfinding design system manual for the City of Auburn, Washington. Project Scope The program for the Wayfinding Design System Manual encompasses city directional and informational signage to activity centers and city amenities, as outlined below. Wayfinding programs within activity centers and city amenities are not included in this scope. + Wavfindinq Siqnaqe Components Gateway (post and/or pole-mounted version of existing) Pedestrian I Bicycle Directional Vehicular Directional Pedestrian Orientation Kiosk Standardized Map for Kiosk State Route Sign age + Destination Selection Documentation Identification and categorization of destination and message types Analysis of existing signage and location conditions Plan with destination locations and notations of paths of travel Programmatic layout of signage component types + Desiqn Documentation Design Intent documentation for wayfinding components with detailed information on dimensions, materials, colors, and fabrication specifications. Documentation will be at a level of detail that can be given directly to a fabricator. Note: documentation is intended to clearly communicate design intent, is not a substitute for shop drawings, and does not include engineering or permitting, all of which is to be provided by the fabricator. Preliminary fabrication budgets Sign Location Plan Agreement for Professional Services AG-C-262 November 17, 2005 Exhibit A Page 1 of4 Preliminary Message Schedule + Wayfindinq Manual Overview of Program Wayfinding Philosophy / Destination Selection Criteria Graphic Standards, including font families and symbols Design Documentation / Sign Location Plan Program Implementation Digital Artwork on Disk Work Program + Destination Selection (Proqram Analysis) _ Client Representative provides all materials and work done to date by City _ Analyze and determine destination types, programmatic signage needs, and preliminary locations _ Presentation of draft destination list/categories and locations to Client Group _ Revise destination list/categories to incorporate Client comments _ Presentation of revised destination list/categories and locations to Client Group for approval _ Client Representative presents revised destination list/categories and locations to Council Committee Presentations: (2) Studio SC presentations to Client Group. Timing: 7-8 weeks' + Wayfindinq Concept Desiqn _ Explore and establish form, messaging considerations, color, materials, basic dimensions _ Presentation of (2) design schemes with preliminary design sketches of representative sign types for Client Group review and selection _ Client Representative presents design schemes to Council Committee _ Client Group selects (1) scheme for development Presentations: (1) Studio SC presentation to Client Group. Agreement for Professional Services AG-C-262 November 17, 2005 Exhibit A Page 2 of 4 Timing: 4 weeks' + Desiqn Development _ Incorporate Client Group comments from Concept Design on selected design scheme _ Present revised selected design scheme to Client Group _ Studio SC and Client Representative present selected design scheme to City Council _ Develop and expand selected design direction; add detail on materials, color, and dimensions _ Develop preliminary fabrication budgets _ Present of Design Development documentation to Client Group for approval _ Client Representative presents Design Development documentation to Council Committee Presentations: (2) Studio SC presentations to Client Group; (1) Studio SC and Client Representative presentation to Council Committee or City Council. to Committee. Timing: 6-8 weeks' + Preliminary Wayfinding Design Manual _ Incorporate client comments from Design Development _ Finalize approved designs with detailed information on materials, colors, dimensions, specifications _ Finalize plan with locations and orientations of signage components _ Develop preliminary message schedule _ Develop draft document of the Wayfinding Destination and Design System Manual _ Presentation of Design Intent documents and draft manual to Client Group for approval _ Client Representative presents Design Intent documents and draft manual to Council Committee Presentations: (1) Studio SC presentation to Client Group. Timing: 6 weeks' Agreement for Professional Services AG-C-262 November 17, 2005 Exhibit A Page 3 of 4 + Finalization of Wavfindinq Desion Manual _ Incorporate final client group comments on the draft manual _ Finalize Wayfinding Destination and Design System Manual. _ Deliver final bound hardcopy manuals and electronic copy on disk. Presentations: (1) Studio SC presentation to Client Group. Timing: 4 weeks' . Note: Timing includes presentations to Client Group, Committee, and City Council where indicated. Deliverables + Provide 2 unbound copies of draft Wayfinding Design Documentation Presentation materials as required to clearly illustrate design concepts, which may include: sketches, plans, diagrams, drawings, perspective renderings, models, color, material and product samples. + Destination selection list/categories and locations. + Design Development drawings (11 x17 color and/or black & white review set). + Design Documentation including: plans, sign fabrication details, elevations, detail drawings, message schedule, location plans, and specifications for all sign age and graphic components. + Wayfinding Destination and Design System Manual hardcopy document (1 bound and 1 unbound hard copy) and electronic format (1 disk). + Electronic copy of Wayfinding Destination and Design System Manual on disk. Services not Included: + Design schemes or revisions beyond those noted in Work Program. + Presentations beyond those identified. + Revisions to message schedule. + Map artwork beyond Standardized Map developed for Kiosk. + Photography/illustration usage rights (if applicable to selected design). Agreement for Professional Services AG-C-262 November 17, 2005 Exhibit A Page 4 of 4 EXHIBIT B FEE SCHEDULE For the conduct of Exhibit A and any additional services authorized by the CITY, the Consultant shall be reimbursed at the following rates: Staff Name Mark Sanders Billy Chen Yachun Peng Exhibit B Agreement No. AG-C-xxx Page 1 of 1 Title Principal Principal Designer Rate of Pay/Hr. $95 $95 $85 . EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES . Outside Reproduction Fees . Courier Fees . Subconsultant Fees . Materials and Supplies . Mileage at $0.405/mile or the current approved IRS rate. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Consultant Invoices Agreement No. AG-C-xxx Page 1 of 1 .Q ~ . I ~.~ . ~l AMENDMENT #2 TO AGREEMENT NO. AG-C-262 BETWEEN ~'~~~ ~`~i z..~ THE CITY OF AUBURN AND STUI310 SC RELATING TO THE COMPLETION OF A WAYFINDING DESTINATION AND DESIGN SYSTEM MANUAL THAT INCORPORATES BOTH DESTINATION SELECTION GUIDELINES AND WAYFINDING DESIGN THIS AMENDMENT is made and entered into this 29th day of December, 2006 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Studio SC (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-262 executed on the 5th day of December, 2005, and amended by agreement dated the 18th day of July, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to June 30, 2007. 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-262 executed on the 5th day of December, 2005, 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. STUDIO SC CI Y O UBURN .~' By: ;%'~~ Author s~eJ/ ~~~~~_ Peter .Lewis, Mayor ATTEST (Optional): ATTEST: /~ / Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appr~y~ arm: ,~ n Attorney for (Other Party) Daniel B. Heid, Auburn City Attol~ey Amendment No. 2 for Agreement No. AG-C-262 Studio SC Page 1 of 1