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HomeMy WebLinkAboutRoth Hill Engineering Partners LLC AG-C-287 A3. l<.o.cr " AGREEMeNT FOR PROf.SIONAL SERVices AG..c..., THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washing'ton, hereinafter referred to as "CITY" and Roth HI' Engineering Partners, LLC whose address is 2600 116th Avenue NE, Suite 100, Bellevue, WA 98004, hereinafter referred to as "COMSUL T ANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SeOp! OF WORK. The CONSULTANT, on a project basis, wUI be given indlvidual task assignments (see Exhibit A, Sample Task Assignment) for work related to development plan and report review services as identified in Exhibit B, which is attached here to and by this reference made a part of this Agreement. These task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. 2. TS'M. The CONSULTANT shalf 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, 2006. The CITY, at its option may choose to extend this agreement for an additional year. 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 Agreement for Professional Services AG-C-287 June 27, 2006 Page 1 of 11 .. 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. QQIttP:.i,a~T.N. The CONSULTANT shan be paid by the CITY based upon the fees included for each individual approved task assignment. These fees will be "not to exceed" time and material figures based on the Fee Schedule outlined in Exhibit C for work performed under this Agreement. Exhibit C is attached hereto and by this reference made part of this Agreement. Compensation shall include all consultant expenses including, but not limited to, overhe.ad, profit, and direct non-salary costs and shall not exceed that amount shown on each approved individual task assignment for <development plan and report review services under this contract. The total amount of the agreement shan not exceed $25,000.00. 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 10%. These charges may include, but are not limited to the following items: vehicle mileage, courier fees and subconsultant fees. The billing for non-salary cost, directly identifiable with each task order, 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-287 June 27, 2006 Page 2 of 11 " shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. t\J.agg"~rlN@. The CITY permits subcontracts for those items of work necessary for the completion of the project assignments. 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 Seotion 3. AUsubeontnlcts exceeding $10,000 in cost shall contain an applicable proVisions of this AGREEMENT. 5. ReSP.QNSUaIUTY OF CONSULTANT. . The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the development review 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 services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a Agreement for Professional Services AG-C-287 June 27, 2006 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. 6. 1~INII~CAI~O~DtJd"LE@S. 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 in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 7. INDEPENDENT CQNTMCJQIIAS';I(JliMBNT. 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 enterlnginto 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. This Agreement is not intended to create a relationship in which the CITY contracts exclusively with the CONSULTANT, or in which the CONSULTANT services the CITY as their sole client. Accordingly, the CONSULTANT agrees to fully disclose any relationship with any private party to which the CONSULTANT is providing service on a project located within CITY's jurisdiction or utiUty service boundaries. The CONSULTANT agrees to disclose any relationships with adjacent or overlapping jurisdictions and agencies when providing service for projects within CITY's jurisdiction or utility service boundaries. 8. IN.StJRANQE. 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 Agreement for Professional Services AG-C-287 June 27,2006 Page 4 of 11 " 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 Hability 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 (JSO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual Uability 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, $2,000,000 general aggregate. The CITY shan be named as an insured under the CONSULTANT'S Commercial General Liability Insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the Agreement for Professional Services AG-C-287 June 27,2006 Page 5 of 11 CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Profe$sional 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: 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 CONSUL T ANT'S insurance and sha'lI 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 rattng of not less than A-:VII. The CONSULTANT shan 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-287 June 27,2006 Page 6 of 11 .. any time. The CITY wHI pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. 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. aWMBlhtlP OF Rtie~",~ ~DB'&,YMfi-Nl'. The CONSULTANT agrees that any and all review documents, computer discs, 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 shaD 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 ~his 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. 11. Q&~J;IIC~IlqN ae~~t?!lG[)J!~~II"'~MJ~.. SUS1ANSI,QN. AND OTHER RESPOtt$IBJLlTY"ATTERS..~RIM'ARY COVSIIE'D TMNSACTION~. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Agreement for Professional Services AG-C-287 June 27. 2006 Page 7 of 11 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal de.partment 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 crimin~1 offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. lJJ5RMINATIO.N OF AGReIMENT. 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. Agreement for Professional Services AG-C-287 June 27, 2006 Page 8 of 11 ~ 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, drawing,s, 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. ~..Ii(JIAL pItQVtaJOtf,.. 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 Aireement 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 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 Agreement for Professional Services AG-C-287 June 27, 2006 Page 9 of 11 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 aU costs of enforcement inoluding reasonable attorneys fees and expenses and court costs shall be pa.id 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 Greg Hill on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any wrlten notices required by the terms of this Agreement shaJl be served on or mailed to the following addresses: City of Auburn Roth Hill Engineering Partners Attn: Monty Bakken, Development Engineer Attn: Gre.w Hill 25 W Main Street 2600116 . Avenue NE, Suite 100 Auburn WA 98001 Bellevue, WA 98004 Phone: 253.804.5073 Phone: 425.8$9.9448 Fax: 253. 931.3053 Fax: 425.869.1190 E-mail: mbakken@auburnwa.gov E-mail: GHiU@rothhill.com . 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 shan be deemed to have been duly given if maUed 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, retum receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Agreement for Professional Services AG-C-287 June 27. 2006 Page 10 of 11 t{l Any party may change his, her, orits 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 multipte 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. -- Date JUl - 3 2006 ATTEST: j;J~~ Danielle E. Daskam, City Clerk ROTH HiLL ENGINEERING PARTNERS LLC Title: Federal Tax ID # Agreement for Professional Services AG-C-287 June 27. 2006 Page II of 11 EXHIBIT A TASK ASS:tGN,M:ENT AGREEMENT #: AG..c..xxx CONSULTANT: TASK #: xxx-xxxx..~ PROJECT #/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: SCQ,De of Work: Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: City Mayor, if Task Assignment is over $5,000: Signature: Date: Note: If this task assignment is over $25,000 then it must go before the appropriate Committee and City Council for approval prior to the Mayor's signature. Exhibit A Agreement No. AG-C-xxx Page 1 of 1 , IXHllJfT IS SCOPE OF WORK The Consultant will provide a senior level staff member to be the point of contact for the City who will be responslb'b; for the COOrdination of aD aetMties Pdrmed Ity the Consultant. The con$uttant shetl make av.illtde any other staff as necessary to complete the services requested by the City consistent with the folfGVlting. The Consultant will coorrJln~. u.tr niMew w.ork with the City's assJsned Development Review Iit1gineer . foreaeh ptitrmil The Consultant 8"'" prOVide to the Devetopment Review EngIneer written comments, in the OJtY's fotmat, indic~tin9 ~otfOns. ~es or recommendations as necassary for the pllRS to coRferm to the OitylsrequifemefJlts.fnadClitien, the consultant shall provide redlined plans and reports back to the Development Review Engineer. The Consultant will meet with City staff to discuss the comments or issues as requested by the City. The Consultant will provide technlcal support for specific design and construction issues as requested by the City. The Consultant shall prOvide orH::all services to the City as directed by the City, as follows: Rm~"~mI G,i!#~.s: A Pmeedl::WcllIGl:Iid~lne$ document will be developed to provicfe general guidance to the oonsuftant on the overall review p..oeess Etnd OQOrdination with the City. Elements to be addressed in this dccument include, but ate not limited to thefcltOWing: review timeframes, methods of correspondence, format of review comments, coordination of site visits, meeting coordination, recommendations regarding proposed deviations and determination of completeness of an application. Enaineerin~ PclanRevJew Services: Review of Public Facility Extensions (FAC's) and Grading Permits: Includes the review of the development plans, reports and design calculations for water, sanitary sewer, storm drainage, streets. erosion control, and grading for conformance to the City's adopted Design Standards, Construction Standards, Plan Submittal Packet, Environmental or Land Use conditions required for the development, ~I>'icable corre~pondence, and any other conditions or requirements set by the City for the devel~_ Reports may include storm drainage reports, including down stream and up stream analy$.ls, T_I; Stu:dies, flhetgeoteohnical rep"lts. The initiaHransmittat .packale to the Consultant shall incfude a ht of aJlrelevant documer\tl and "fans pertaining to each prOject. Review of Technlcatly eomp_ FaciSittes: The consultant shall review water booster pump station, sanitary sewer lift station and storm drainage pump station pians and design calcutations for conformance to the City's standards and requirements taking fnto account the operational and maintenance needs of the City, as provided by the City. Construction Obsen(atlon Services: Provide Construction observation services for technically complex facilities, such as pump stations, as requested by the City. Exhibit B Agreement No. AG-C-xxx Page 1 of 1 EXHIBiT C ~~..&.Gy:&tULE AtilD DIRECT NeN..sA~Y8.I.B'yR't41LE PJ:!f!N~D FEE SCHBDULE PO$ition EITI ~r. Desjg!\er Ci"l $;pecialist Inl:inear ~.et Manager RlaAf'ler r..b.l!JiGian CAP finctl:ild~ mapping and GIS) CGn,struetion ~epresentative Su~eyor Pr()j~ct Surveyor (PLS) AdmiNistrative Admilid .e lead Direcui . ndpaf Rates above include both direct and non-direct salary costs. DIRECT NON..sALARY ReiMBURSABLE EXPENSES . Vehicle Mileage at $0.445 per mile · Courier Fees at cost . Subconsultant Fees at cost plus 10% SubcO'ntrClCts: The CONSULTANT, at the CITY'S request shall enter into suboontra(Jts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY sltall reimburse the CONSULTANT for the actual cost af the subcontracts plus a 10% markup to cover the CONSULTANT'S additionaf overhead expense associated with the Subcontract. Exhibit C Agreement No. AG-C-xxx Page 1 of 1 C L CONSULTANT invoices should contain the following information: · On CONSULTANT IeUerhead. · A caver letter statinQ tbe stalus of each task. This should incJude items completed. percent comptete.. during the b_ period and completion siang with funding status. · tntemal invoice number and/or sequential numeric number (i.e.: progress payment # 10). · tfMiJlee eate. · PerJed of'ime invoice covers. .CCltJt$LI'Uartt Atr-.meBt I (i.e.: AG-C-115). · Ta$k Or. #O.e. xxx-xxxx-xxx) · CITY'S Develepment Review Enfineer listed. · Indicate the Permits reviewed during each invoice and the hours and costs associated with ~.rMw. · The hour(s) per person broken down by task(s) (attach t1mesheets, spreadsheet detailing timesheets, or some other form of proof) atong with type of work done (i.e.: design, right-of-way, or construction) or task order number. · Oir$t salary (ba_ salaries) · I~ salary (benefits) · Dll'tct nc:m-safaty fi.e.: subEonsultants, courier). The CITY does not pay for CONSULTANT muat$ um. .art of a ta$k reqUires travel oatside of the greater Sedl~, Tacoma, and Everett area. fheseco$ts are to be broken down and baekup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down infor.mation and if backup information is to be attached. Break out the same for subconsuttantcha~es. · 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). · Invoices for previous year are due by January 15th. Consultant Invoices Agreement No. AG-C-xxx Page 1 of 2 City of Auburn 25 West~ain Auburn WA ae001 Atth: Moflty SEikken (Development Engineer) Agency Agreement #: AG-C-010 IAJVlPLfi ':NYO'I f ,: oice #: 5222 Pmgress Payment #: 2 Invci!Gehte: February 10, 2002 PrQ~ct Name: Thomas Nelson Farm TaskOtder #: S~rvicesperformed during the period of: January 2002 SINiEBIING, INC. ~ttached documentation HQuf'S 1 5 '0$1$ Subtotal Consultant SubTotal: $ 302.00 Hours 10 AmQunt $ 3a.~0 $ 33.00 Consultant SubTotal: $ 513.00 SUB CONSULTANTS (see attached documentation) $Ybl:C>nsuftant Hours nvironmental, Inc., Civil Engineer 10 Houri Rate Amount $ 100.00 $ 1,000.00 $ 100.00 500.00 5 $ $ Subconsultant Total: . $ 1,650,00 -~----~---'_._.._'._"-_.."'!'.._--"'-"-"-"-"-"-"-,-,,-.._.._.._..___.._h_..__._._.._______.._.___.._.._.._.._.._.._.._.__.._.._.._.._.._.._.._.._.._.._.._._.._.._.._.._.._.. .!~!~J?.~~_.!~~~ I~~~~_~_~_.._.._.._.._.._.._.._.._.._.._._.._.._.._.._.'_"_.._n___.._.._.._._.._..____.._.._.._.._.._.._._.._.._..~_.~!~.~~=.~.~.._.._.._. CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining Original Contract $ 22.000.00 $ 1.025.00 $ 2,465.00 $ 3,490.00 16% 18% $ 18,510.00 Consultant Invoices Agreement No. AG-C-xxx Page 2 of2 A~. , ~. ~ AMENDMENT #1 TO AGREEMENT NO. AG-C-287 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING PARTNIERS, LLC RELATING TO DEVELOPMENT REVIEW SERVICES THIS AMENDMENT is m~de and entered into this J.J!!::day of .s;, fi f-_, 200~, by and between the CITY OF AUBURN, a municipal corporation of the St~f Washington (hereinafter referred to as the "CITY"), and Roth Hill Engineering Partners, LLC., (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-287 executed on the 3rd day of July, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: The amount of this amendment is $50,000.00. The total contract amount is increased to a total of $75,000.00. 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-287 executed on the 3rd day of July, 2006, 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. By: Au TNERS, LLC ~~ reter B ATTEST: ~QI~ 'Dal1lelle E. Daskam, Auburn City Clerk ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) ----------------------------------------------------------------- Amendment NO.1 for Agreement No. AG-C-287 Roth Hill Engineering Partners, LLC Page 1 of 1 A3.i~.9 AMENDMENT #2 TO AGREEMENT NO. AG-C-287 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING PARTNERS, LLC RELATING TO DEVELOPMENT REVIEW SERVICES THIS AMENDMENT is made and entered into this )J.p~ay of J~.I~ 20 oJ-, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Roth Hill Engineering Partners, LLC., (hereinafter referred to as the "CONSULT ANT"), as an Amendment to the Agreement between the parties for AG-C-287 executed on the 3rd day of July, 2006. The changes to the agreement are described as follows: 1. CONTRACT TERM: The contract term is extended to December 31,2007. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: The amount of this amendment is $150,000.00. The total contract amount is increased to a total of $225,000.00. 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-287 executed on the 3rd day of July, 2006, 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. ERS,LLC CI~~ _ . ~~ I By: Au Peter B. Lewis, Mayor ATTEST: ~[;;)f C~ Danielle E. Daskam, Auburn City Clerk By: Its: Attorney for (Other Party) Approved as to form (Optional): ----------------------------------------------------------------- Amendment NO.2 for Agreement No. AG-C-287 Roth Hill Engineering Partners, LLC Page 1 of 1 ~~~~~_. AMENDMENT #3 TO AGREEMENT NO. AG-C-287 BETWEEN THE CITY OF AUBURN AND ROTH HILL ENGINEERING PARTNERS, LLC RELATING TO ON-CALL DEVELOPMENT REVIEW SERVICES THIS AMENDMENT is made and entered into this~~ Jdfay of ~~`.~3/, 2007, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and ROTH HILL ENGINEERING PARTNERS, LLC, (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-287 executed on the 3rd day of July, 2006, and as amended on the 11th day of September, 2006, and as amended on the 26th day of December, 2006. 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, 2008. 2. SCOPE OF WORK: There is no change to the Scope of Work 3. COMPENSATION: The amount of this amendment is $115,750.00, bringing the total contract amount to a total of $~~$;69$:~AO. ~` 3yo, ~5a, od REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-287 executed on the 3rd day of July, 2006, 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. ROTH HILL ENGINEERING PARTNERS, LLC By: AT By: r v ~. ~ l Its: Approved as to form (Optional): Attorney for (Other Party) ATTEST: and a E. Daskam, Auburn City Clerk Approved as to form: iel B. mid, AubYrn City1(~ttorney Amendment No. 3 for Agreement No. AG-C-287 Roth Hill Engineers Page 1 of 1