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HomeMy WebLinkAboutRobinson Noble & Saltbush Inc AG-C-261 A~.I<07 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-261 THIS AGREEMENT made and entered into by and between the CI1Y OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and Robinson, Noble & Saltbush, Inc., whose address is 30111 S. Huson Street, Suite A, Tacoma, Washington 98409 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 December 31st, 2005. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. Agreement for Professional Services Agreement No. AG-C-261 Page 1 of 11 3. COMPENSATION. Compensation will be on a time and material basis, not to exceed .t~,OOO. Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for th€~ 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. 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. Agreement for Professional Services Agreement No. AG-C-261 Page 2 of 11 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. 6. 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. Agreement for Professional Services Agreement No. AG-C-261 Page 3 of 11 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an indHpendent 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. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this A9reement, 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 iinjury 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 fOl'm 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, opE~rations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general a~J9regate. The CITY, its officers, employees and agents shall be named as an insured Agreement for Professional Services Agreement No. AG-C-261 Page 4 of 11 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 CONSUL T ANT 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 cancellt3d 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. Agreement for Professional Services Agreement No. AG-C-261 Page 5 of 11 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 SHction 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 (E>) 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 proviide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items Agreement for Professional Services Agreement No. AG-C-261 Page 6 of 11 specified in this Section and information compiled in providing services to tlhe CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIIONS. 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 U(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) terminatHd 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 13xplanation to this proposal. Agreement for Professional Services Agreement No. AG-C-261 Page 7 of 11 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 hemin. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstandin91 such dispute or conflict, the CONSULTANT shall continue to make a good faith Elffort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Agreement for Professional Services Agreement No. AG-C-261 Page 8 of 11 13.4. The CITY and the CONSULTANT respectively bind themselvHs, 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 AgreemEmt 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 feles 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 Chandler Ellis, C.P.G. 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: Tim Osborne, P.E 25 W Main Street Auburn WA 98001 Phone: 253.804.5061 Fax: 253.931.3053 E-mail: tosborne@cLauburn.wa.us Robinson, Noble, & Saltbush, Inc. Attn: Chandler Ellis, C.P..G. 3011 S. Huson St. Tacoma, WA 98409 Phone: 253.475.7711 Fax: 253.472.5846 E-mail: cellis@robinson-noble.com Agreement for Professional Services Agreement No. AG-C-261 Page 9 of 11 13.10. 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. 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 Agreement No. AG-C-261 Page 1 0 of 11 ~~ - Peter B Lewis, Mayor Date DEe 1 Z005 ATTEST: )0~~~ DanieUe E. Daskam, City Clerk // ....<' //1 ~obinson o;e &,sft';:1: c" ( . L '; BY: Ti~: {(( J Federal Tax 10 # Agreement No. AG-C- 2.." \ Page 11 of 1 ( EXHIBIT A SCOPE OF WORK Provide engineering services to replenish the filter gravel pack in Well 2. Hobinson, Noble, & Saltbush, Inc will provide inspection during the project and produce a brief letter report describing the work and results. Engineering service will not start until a contractor has been selected. The work is expected to start in the winter of 2005 and last approximately one week. Exhibit A Agreement No. AG-C-261 Page 1 of 1 Please see attached Exhibit. Exhibit B Agreement No. AG-C-261 Page 1 of 1 EXHIBIT B FEE SCHEDULE I~I~~~~~ ~1~U~ . . ..J INC...........,." GROllNDW'.UER &: ENVIRONMENTAL SCIENTISTS .3011 South Huson Street. Suite A- T.lcOn!;l, Wit\. 98409 (25.3\ 47';.7711 Fax (25.1) 472.';846 Exhibit B General Fee Schedule October 2005 Professional Position Fee Per Hour Principal Hydrogeologist/ Environmental Scientist Senior Associate Associate Hydrogeologist/ Environmental Scientist Senior Hydrogeologist/ Environmental Scientist Project Hydrogeologist/ Environmental Scientist DraftspersonlT echnician Typical Duties Service requiring the scientific expertise of company principals. Includes top-level project review and control, client liaison, and hydrogeologic analysis. $85 - $140 Senior Associate-level project management, client liaison, field services, project analysis, and report writing. $85 -$115 Associate-level project management, client liaison, field services, project analysis, and report writing. $85 - $100 Senior-level project management, client liaison, field services, data interpretation and analysis, and report writing. $75 - $100 Field services; data collection, reduction, interpretation and analysis; and report writing. $75 - $85 Technical iIIustration/CADD, production layout, technical aide. $68 - $75 Service Category Fee IPer Hour Legal SupportlTestimony Administrative Services Typist/Clerical Support Subcontracts Other Costs Typical Duties Expert witness services. 150% of above rates Contracts, technical specifications, administrative tasks, grammatical editing. $45 - $68 Word processing, report preparation, general office tasks $45 - $68 Professional Services Outside Laboratory Services Construction Subcontracts Negotiated 12% 12% Travel (Auto) Travel (Other) Direct Other Expenses $0.50/mile Cost + 5% Cost + 5% Equipment Rental See following page This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Hydrogeologic Equipment Rental Schedule October 2005 Equipment Unit Rate Water level Transducer and Data logger First five days Each day thereafter Field laptop Computer Per day $75 $25 $25 $25 $50 $50 Electric Water level Sounder(s) 0 to 300 ft over 300 ft Flat fee per project Flat fee per project Double-Ring Infiltrometer Per day Downhole Analog Gamma logging Equipment Per day $100 Downhole Gamma/ResistivityfT em perature logging Equipment Per well $1,500 Downhole Caliper logging Equipment Per well $100 $500 $25 Draw Works Per well Mechanical Sieve Sample Equipment Flat fee per project 2-inch Gasoline-powered Centrifugal Pump (includes hoses) Per day $50 2-inch Submersible Pump + Controller Per day $175 $60 Generator Per day Other Equipment Negotiated Negotiated Note: Geophysical equipment rates are negotiable for more than one well This fee schedule is subject to change according to contract or Professional Services Agreement conditions. EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES . Outside Reproduction Fees . Courier Fees · Subconsultant Fees . Materials and Supplies · Mileage at $OA05/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 110%. 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. Exhibit C Agreement No. AG-C-261 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 (Le.: progress payment # 10). . Invoice date. . Period of time invoice covers. · Consultant Agreement # (Le.: AG-C-115). . Project number(s) listed (Le.: PR562). · CITY'S project manager listed. · The hour(s) per person broken down by task(s) (attach timesheets, spreadshElet detailing timesheets, or some other form of proof) along with type of work done (Le.: design, right-of-way, or construction) or task order number. . Direct salary (base salaries). . Indirect salary (benefits). · Direct non-salary (Le.: mileage, reproduction fees (Le.: printing, copying), communication fees (Le.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of at 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) (Le.: a certain task) until we can qet an amendment in place. . Invoices for previous year are due by January 15th. · For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-261 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn W A 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 Hou rs Hou rlv Rate Amount Mike Jones, Princioal in Charqe 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processinq 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 EXDenses (see attached documentation) Charaes MultiDlier Amount Mike Jones, Principal in CharQe 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processinq $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourlv Rate Amount ABC Environmental, Inc., Civil Enqineer 10 $ 100.00 $ 1,000.00 Electrical Consultinq, Electrical Enqineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Enqineer 10 $ 100.00 MRF 1,000.00 Movinq Company, MovinQ Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 ..-..-..----.--..-..-..-..----..-.---.-..--------.-..-..-.------.-..-..-..-.------.-..-..-..----------------..----..-..-..-..-----.-..-..-..-------..-.--------..-...-..-..-----.-.-----..----------..- -!.Q!~_~__~.~_~__!~~_~__~~"-2~_~_~________.___________..__.__._________________________________________________.______________._________________._~___~-!.~~~~~~__________ CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Com pl,eted RemaininQ Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in thEl amount of $2,000.00. Consultant Invoices Agreement No. AG-C-261 Page 2 of 2 1'\"=3. r '-0' )' AMENDMENT #1 TO AGREEMENT NO. AG-C-261 BETWEEN THE CITY OF AUBURN AND ROBINSON NOBLE SALTBUSH, INC. RELATING TO PROJECT NO. CS19A, WELL 2 REPACKING THIS AMENDMENT is made and entered into this ( day of ~c.'~ ' 2006, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Robinson Noble Saltbush, Inc., (hereinafter referred to as the "CONSUL TANT") , as an Amendment to the Agreement between the parties for AG-C-261 executed on the 1 st day of December, 2005. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2006. 2. SCOPE OF WORK: The scope of work is amended to include the following tasks: · Well casing investigation through video inspection. · Provide critical site inspection during cleaning/development/repairs of the well and supply technical expertise in developing a detailed well casing repair scope of work for the contractor. · Generate a final project closeout letter report to include an as-built repair drawing. 3. COMPENSATION: The amount of this amendment is $5,000.00. The total contract amount is increased to a total of $7,000.00. · Consultant services (labor) and well scan - $5,000.00 REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-261 executed on the 1st day of December, 2005, shall remain unchanged, and in full force and effect. By: Authoriz ~~ ATTEST (Optional): By: Its: 1J.EST~ .~ II ~~~ Dal1ielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney ----------------------------------------------------------------- Amendment No.1 for Agreement No. AG-C-261 Robinson Noble & Saltbush, Inc. Page 1 of 1 A~.'(.,..<J ADDENDUM TO CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-003 (2006) THIS ADDENDUM is made and entered into on this .3 day of tr)~ , 2006, by and between the City of Auburn, a municipal corporation o~ Washington, and Northwest Air Control, 3204 Auburn Way N, Auburn WA 98002, and ACCO Engineered Systems, 835 North Central Avenue, Kent, WA 98032-3099. Pursuant to Paragraph 15 of that Agreement for Services attached hereto and entered into between the City of Auburn and Northwest Air Control and dated February 6, 2006, the parties hereby agree to assignment of Northwest Air Control's interest and duties under this agreement to ACCO Engineered Systems. ACCO Engineered Systems hereby agrees to accept assignment and abide by all terms of the above described agreement for services. This agreement shall be fully binding upon ACCO Engineered Systems from this time forward. All other terms of the subject agreement for services shall remain the same and continue in effect. ..J Attest: Title: tM~J~ Danielle Daskam City Clerk ACCO ENGINEERED SYSTEMS Title: 6// 6M-J/74E- /lI~ Addendum to AG-S-003 (2006) April 14, 2006 Page 1 of 1 A~ Ie.:..9 AMENDMENT #2 TO AGREEMENT NO. AG-C-261 BETWEEN THE CITY OF AUBURN AND ROBINSON NOBLE SALTBUSH, INC. RELATING TO PROJECT NO. CS19A, WELL 2 REPACKING THIS AMENDMENT is made and entered into this J ') day of VlrA Y , 2006, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Robinson Noble Saltbush, Inc., (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-261 executed on the 1st day of December, 2005, and amended the 1st day of March 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change in the Contract Terms. 2. SCOPE OF WORK: There is no change in the Scope of Work. 3. COMPENSATION: The amount of this amendment is $2,000.00. The total contract amount is increased to a total of $9,000.00. · Additional consultant services (labor) and well scan required to install the 16X12-inch repair sleeve. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-261 executed on the 1st day of December, 2005, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the pa ies hereto have executed this Agreement as of the day and year first above written. - Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: /)aS4~~ Danielle E. Daskam, Auburn City Clerk By: Its: Approved as to form (Optional): Attorney ----------------------------------------------------------------- Amendment No.2 for Agreement No. AG-C-261 Robinson Noble & Saltbush, Inc. Page 1 of 1