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HomeMy WebLinkAboutDKS Associates AG-C-375AGREEMENT FOR PROFESSIONAL SERVICES AG-C-375 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 DKS Associates whose address is 719 2"d Ave, Suite 1250, Seattle, 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. All work under this Agreement shall be completed by June 30, 2010 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. 3. COMPENSATION. The total compensation for this Agreement shall not exceed $24,594.00. 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. Agreement for Professional Services AG-C-375 8/20/09 Page 1 of 11 The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT plus 12%. 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, sub-consultant fees, and materials and supplies. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such services, and shall not exceed $2,000.00. 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. Agreement for Professional Services AG-C-375 8/20/09 Page 2 of 11 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 sub-consultant 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 sub-consultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 6. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional Engineering 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 Agreement for Professional Services AG-C-375 8/20/09 Page 3 of 11 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, except for injuries or damages caused by the sole negligence of the CITY. 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'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: Agreement for Professional Services AG-C-375 8/20/09 Page 4 of 11 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. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. 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. Agreement for Professional Services AG-C-375 8/20/09 Page 5 of 11 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional 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 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. Agreement for Professional Services AG-C-375 8/20/09 Page 6 of 11 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 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 Agreement for Professional Services AG-C-375 8/20/09 Page 7 of 11 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. 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. Agreement for Professional Services AG-C-375 8/20/09 Page 8 of 11 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. Agreement for Professional Services AG-C-375 8l20/09 Page 9 of 11 14.7. The CONSULTANT agrees to comply with all locai, 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 Yand 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: Scott Nutter 25 W Main Street Auburn WA 98001 Phone: 253.804.5068 Fax: 253.931.3053 E-mail: snutter@auburnwa.gov DKS Associates Attn: Chris Long 719 2"d Ave, Suite 1250 Seattle, WA 98104 Phone: 206.382.9800 Fax: 206.587.0692 E-mail: cal@dksassociates.com 14.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 14.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Agreement for Professional Services AG-C-375 8/20/09 Page 10 of 11 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. ITY Peter B' Lewis, Mayor Date qLq(~- ATTEST: Da ' Ile E. Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B. eid, City Attorney DKS Associates BY: Title: I~ ~ Federal Tax ID # Agreement for Professional Services AG-C-375 8/20/09 Page 11 of 11 EXHIBIT A SCOPE OF WORK Auburn Rail Crossing Upgrade Project - Part 2 Scope of Work 8/4/09 Purpose The purpose of this project is to provide design plans, specifications and estimate for the modifications proposed at the BNSF heavy rail crossing at 37th St NW and B St. These modifications were suggested based on the traffic analysis that was done previously as a part of this study. Task 1: Project Mana eg ment The project management task will be used to accomplish the following subtasks: manage the project schedule and budget, maintain the project files, keep the City project manager updated on the progress of each task, prepare monthly invoices, and track all design decisions and action items. Deliverables: • Monthly schedule updates • Monthly invoices Task 2: BNSF Track Crossing Improvements at 37th St NW and B St The following tasks will be accomplished for the proposed design modifications. Task 2.1: Field Investigation DKS will conduct field investigation to facilitate the design. A half day field trip to the site is planned to collect field information that may be needed to complete the design. Task 2.2: Plans, Specifications and Estimate DKS will create 1"=20' plans to show the installation of all new signal equipment at 37th St NW and B St. These plans will follow the traditional traffic signal design plan layout. All construction notes, wire run notes and sign details will be provided on one plan sheet with the layout of the intersection. A second sheet will be provided for the detail of the new pole at 37tn St NW/B St. Because there is very little new equipment being installed, it is assumed the design can be performed in one draft submittal and then the final bid set. The first draft will include 100% of the design content. The final bid set will incorporate any comments from the draft and represent a final proof set of plans prior to bidding. Specifications will be provided with each submittal. It is assumed DKS will be provided with Auburn's standard boilerplate and Division 1-9 special provisions used for a typical traffic signal project. DKS will take this specification information and tailor it to this specific project. Exhibit A Agreement No. AG-C-xxx Page 1 of 2 A cost estimate will be provided with each submittal. Deliverables 1. Draft plans, specifications and estimate (3 sets % size) 2. Final bid package (1 signed %z size set and 1 signed full size set). Task 2 Assumptions: • Auburn will handle all permitting and facilitate coordination work with BNSF. • All work will be performed within City of Auburn right-of-way; therefore ROW plans will not be needed. • DKS will use the existing base map and survey data provided by the City to create the design plans. Task 3: Dpployment Support DKS will be on-site with City staff when the new railroad preemption is deployed at 37th St NW/B St. DKS will initially spend up to eight hours observing preempt operations. An additional eight hours is budgeted to troubleshoot any problems observed and perform further observations in the event that modifications are needed to the timings initially deployed. Task 4: Final Crossing Analysis Documentation Part 1 of this project created a draft report summarizing the proposed railroad crossing related traffic signal enhancements at 37th St NW/B St, Main St/C St and 3`d St NW/C Street. Comments received on the draft will be incorporated into the final report along with final documentation of the improvements designed for the traffic signal at 37th St NW and B St. Deliverables • Final report (3 hard copies, 1 electronic) Exhibit A Agreement No. AG-C-xxx Page 2 of 2 EXHIBIT B FEE SCHEDULE Exhibit B Agreement No. AG-C-xxx Page 1 of 1 DKS Associates Auburn Rail Crossing Upgrades Fee Estimate for Engineering Services Management Reserve $3,000 TOTAL COST TASK 1-4 (Labor + Overhead + Expenses + Fee) $22,594 EXPENSES Reproduction $200 Travel - Parking and Mileage $300 Miscellaneous Expenses $200 EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees • Courier Fees • Subconsultant Fees • Materials and Supplies • Mileage at $0.585/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 12%. 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 12% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Exhibit C Agreement No. AG-C-xxx Page 1 of 1 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 granUspecial funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-xxx 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 Expenses see attached documentation Char es Multiplier 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 Ex enses 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: $ 2,860,00 $ 3,681.49 - - - - - - TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN Task Amount Authorized Prior Invoiced This Invoice Totallnvoiced To Date % Ex ended % Com leted Amount Remainin Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20°/a 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 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-xxx Page 2 of 2 A\ M!~ ,rG ~°r AMENDMENT #1 TO AGREEMENT NO. AG-C-375 BETWEEN THE CITY OF AUBURN AND DKS ASSOCIATES RELATING TO PROJECT NO. CP0820, 2008 TRAFFIC SIGNAL IMPROVEMENTS ~ THIS AMENDMENT is made and entered into this ✓day of ~ ,'20fl?~;'l C by and between the CITY OF AUBURN, a municipal corporation of th tate of Washington (hereinafter referred to as the "CITY"), and DKS Associates (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-375 executed on the 9'h day of September 2009. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2010. , 2. SCOPE OF WORK: There is no change 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-375 executed on the 9th day of September 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. DKS ASSOCIATES C[TY-IIf-2UBU By Authorized sigryatCi~ Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: BY: "P Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) Arov as Daniel B. Hei burn City At ey Amendment No. 1 for Agreement No. AG-C-375 DKS Associates Page 1 of 1 1 AMENDMENT #2 TO AGREEMENT NO. AG-C-375 BETWEEN THE CITY OF AUBURN AND DKS'ASSOCIATES RELATING TO PROJECT NO. CP0820, 2008 TRAFFIC SIGNAL IMPROVEMENTS THIS AMENDMENT is made and entered into this may of 010 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and DKS Associates (hereinafter referred to, as the .CONSULTANT"), as an Amendment 'to the Agreement between the. parties for AG-C-375 executed on the 9th day of September 2009 and: amended by agreement dated the 29th day of June 2010. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2011. 2. SCOPE OF WORK: There is no change 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=375 executed on the 9th day of September 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. DKS ASSOCIATES CITY OF A N By: Authorized sign r Peter Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Approved as t form: Attorney for (Other Party) aniel B_ He'd Auburn City Attorney Amendment No. 2 for Agreement No. AG-C-375 DKS Associates Page 1 of 1 C \ A3 169 r1T1rOF * Au + B T T� N1 Peter B. Lewis, Mayo WAS H II NGG1TO�IN 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-300 October 25, 2011 Chris Long DKS Associates 719 2nd Avenue, Suite 1250 Seattle, WA 98104 RE. Agreement No. AG-C-375 Project No. CP0820, 2008 Traffic Signal Improvement Project 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 April 9, 2010 for invoice#45138 in the amount of$6,372.36. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by November 10, 2011 Thank you for your firm's professional services in work related to the traffic signal improvement project. If you should have any questions, feel free to give me a call at 253-804-5068. Sincerely Scott Nutter Traffic Operations Engineer Department of Public Works SN/ad/jr cc: City Clerk AG-C-375 Project CP0820 (File 2.20) AUBURN * MORE THAN YOU IMAGINEI