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HomeMy WebLinkAboutTranspo Group Inc AG-C-290~.~.i~ 9 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-290 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 The Transpo Group, Inc. whose address is 11730 -118t" Ave NE, Kirkland, WA 98034-7120, 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, attached and by this reference made part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. The work identified by this Agreement is anticipated to be completed in the years 2006 and 2007. This Agreement shall terminate on December 31, 2006, and shall be amended by both parties for succeeding years as required to complete the work. 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 CONSULTANT shall be paid by the CITY for completed services rendered under the approved Scope of Work identified in Exhibit A. Such payment shall be full Agreement for Professional Services AG-C 290 Page 1 of 12 November 2006 compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. The CONSULTANT shall submit an itemized invoice to the CITY prior to payment, in a form similar to that attached as Exhibit C of this Agreement. Compensation for the work identified will be on a time and material basis, not to exceed the following totals for the current year and succeeding years combined. Phase 1 - Phase 2 - $ 8, 000.00 $ 8,500.00 Total Authorized Compensation $ 16,500.00 Compensation for work performed shall be based on the Schedule outlined in Exhibit B of this Agreement. Exhibit B is attached hereto and by reference made a part of this Agreement. Compensation to be paid to the CONSULTANT for authorized work in succeeding years will be contingent upon availability of funds. Compensation shall include all CONSULTANT expenses including, but not limited to, direct salary, overhead, profit and direct non-salary. The CONSULTANT shall be paid by the CITY for direct non-salary cost per Exhibit B. These charges may include, but are not limited to the following items: reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification Agreement for Professional Services AG-C 290 Page 2 of 12 November 2006 shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractual 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 architectural and engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or Agreement for Professional Services AG-C 290 Page 3 of 12 November 2006 acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. Agreement for Professional Services AG-C 290 Page 4 of 12 November 2006 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. Agreement for Professional Services AG-C 290 Page 5 of 12 November 2006 c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. Agreement for Professional Services AG-C 290 Page 6 of 12 November 2006 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Reuse by the CITY of any of the drawings, computer disks, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on any other unrelated project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. Agreement for Professional Services AG-C 290 Page7of12 November 2006 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within athree-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 athree-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. Agreement for Professional Services AG-C 290 Page 8 of 12 November 2006 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Agreement for Professional Services AG-C 290 Page 9 of 12 November 2006 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all .covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Tim Hedges, 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 Public Works Attn: Robert E. Lee, III 25 West Main Street Auburn WA 98001 Phone: 253.804.5071 Fax: 253.931.3010 E-mail: rlee _auburnwa.gov The Transpo Group, Inc Attn: Kerensa Swanson Fromherz 11730 - 118th Ave NE, Suite 600 Kirkland, WA 98034-7120 Phone: 425.821.3665 Fax: 425.825.8434 E-mail: KerensaSCa~thetranspogroup.com Agreement for Professional Services AG-C 290 Page 10 of 12 November 2006 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 AG-C 290 Page 11 of 12 November 2006 CITY OF AUBURN Peter B Lewis, ayor Date DEC 1 5 700E ATTEST: ~~, Danielle E. Daskam, City Clerk APPR D FORM: D I B. Hei Attorney The Transpo Group, Inc.;l ,---~- BY: ~ ~~~ Date //~~~~ Federal Tax ID # Agreement for Professional Services AG-C 290 Page 12 of 12 November 2006 Exhibit A Scope of Services During the term of this AGREEMENT, The Transpo Group, Inc. (CONSULTANT) will perform professional services for the City of Auburn (CITY) in connection with the following projects: Project C302B, West Valley Hwy. Pedestrian Facilities The following scope to prepare traffic signal and channelization modifications is based on project information received by The Transpo Group (Transpo) from the City of Auburn, on our site visit with the team, and on our understanding of the necessary technical requirements for the desired. It is important to have accurate project information (site plan, base map, utility as-built(s), existing signal plans, etc.) as this information is the foundation of the design. Transpo is entitled to rely upon the completeness and accuracy of information furnished by or on behalf of the City. In the event Transpo is notified that project information has changed following contract execution, Transpo will notify the City if these changes will require amendments to the scope of services, fee projection and/or schedule. Traffic Signal and Channelization Design - W Valley Hwy/15th Street Transpo will prepare traffic signal and channelization plans, Electrical Special Provisions, and an engineer's opinion of cost for the modification of the existing traffic signal at the W Valley Highway S and 15th Street SW intersection, per City of Auburn standards. The existing intersection channelization will be modified to incorporate the proposed north-south crosswalk. It is anticipated that the City will provide the preferred channelization in conceptual format. The project team will review the concept and propose any modifications that may be necessary. Following a decision on the ultimate channelization design, the existing span wire traffic signal system will be modified to incorporate the proposed revisions. Signal modifications will include installation of the north-south crosswalk indications, and may also include revisions to the existing spanwire as required. Relocation/replacement of the existing controller cabinet, service cabinet, and signal poles is not anticipated and not included in the scope of services to be performed. It is anticipated that the traffic signal modification plan set would include the following plan sheets: • Traffic Signal Plans at 1"=20' scale (1 sheet) • Traffic Signal Wiring Diagram (1 sheet) • Traffic Signal Input File (1 sheet) • Traffic Signal Details (1 sheet) • Channelization plans at 1"=50' scale (1 sheet) • Channelization Details (1 sheet) Submittals Submittals of the complete plan set, Electrical Special Provisions, and engineer's opinion of costs for the traffic signal improvements will be prepared to the 60-percent, 90-percent, and final completion levels. Comments from the City will be reflected in each subsequent submittal. Comments will be addressed in a written response letter to be furnished with the AG-C 290 Exhibit A Page 1 of 2 C3026, W. Valley Hwy. Ped. Facilities second and third submittals. The final submittal will be submitted on mylar. A total of three (3) submittals are included in this proposal. Should additional revisions and/or submittals be required for approval, beyond the three anticipated, this may constitute extra services necessitating a change to the scope of services, fee projection, and/or schedule Meetings Attendance at project team meetings and/or meetings with agency staff or the public are often a function of project team strategies that unfold during the course of the project. We have budgeted for our attendance at two project team meetings in Auburn as part of the Task. Should the City request Transpo's attendance at additional meetings, Transpo will provide this service on a time and materials basis. City's Responsibilities The City shall provide the following information and/or services to Transpo: 1. Soils investigation and pit logs with respect to signal and illumination pole foundation design as required by the City of Auburn. Transpo will provide direction to the contractor with respect to soils testing needs and locations. 2. Right-of--way acquisitions, easements, and/or legal descriptions if required. 3. 3. Electronic and hard copies of the final roadway basemaps and plans, including existing and proposed features in an AutoCAD format. Topographic survey basemaps within the project limits shall include an as-built of existing roadway features and proposed features including overhead and underground utilities, structures, ditches, roadway centerline with stationing, and right-of--way and easement boundaries. Transpo shall provide direction to the City as to the extents of survey needs. Topographic survey information shall be provided to Transpo in an AutoCAD format. It is assumed that others will prepare all civil-related plans not covered described in Exhibit A. This is anticipated to include the design of curbs, sidewalks, paving, grading, and related work. 4. Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by the City. AG-C 290 Exhibit A Page 2 of 2 C3026, W. Valley Hwy. Ped. Facilities Exhibit B Consultant Fee Determination Project: C3026, W. Valley Hwy Pedestrian Facilities Client: City of Auburn DIRECT SALARY COST (DSC): Classification Hours X Rate Cost The Transpo Group Inc. 1 Quality Assurance 32 49.04 $1,569.28 2. Project Manager 28 46.15 $1,292.20 3 Project Engineer 64 27.88 $1,784.32 4. CAD /Graphics 2 26.44 $52.88 5 Project Admin 4 25.48 $101.92 SUBTOTAL -DSC 130 $4,800.60 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 200.39% X $4,800.60 $9,619.92 FIXED FEE (FF) (As a Percent of Direct Labor): FF Rate = 30% X ($4,800.60) $1,440.18 REIMBURSABLES: Federal Express /Courier $175.00 $175.00 GRAND TOTAL -ESTIMATED FEE $16,035.70 AG-C-290 Exhibit B Page 1 of 1 C3026, W. Valley Hwy. Ped. Facilities Consultant Fee Determination EXHIBIT C CONSULTANT INVOICES Consultant invoices should contain the following information: • On consultant letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-288). • Project number(s) listed (i.e.: C518A). • 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 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 15tH • For grant/special funded projects there might be other special information needed. Agreement for Professional Services AG-C 290 Exhibit C Page 1 of 3 November 2006 SAMPLE INVOICE City of Auburn Public Works Invoice #: 5222 1101 D Street NE Progress Payment #: 2 Auburn, WA 98002 Invoice Date: February 10, 2002 Attn: William Helbig Project Name: Fire Station Relocation Plan Agency Agreement #: AG-C-288 Project #: C518A Architectural /Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $125.00 $125.00 Carla Maker, Architect 5 $ 72.00 $144.00 Joe Smith, Word Processing 10 $ 48.00 $480.00 Consultant Personnel Sub Total: $749.00 Expenses (see attached documentation)Charges Multiplier Total Mileage ($0.375/mile): 20 miles $ 7.59 Communications: $30.00 x 1.1 $33.00 Printing: $29.00 x 1.1 $31.90 Consultant Expenses Sub Total: $72.49 Consultant Total: SUB CONSULTANTS $821.49 Subconsultant (see attached documentation) Hours Hourly Rate Amount ABC ENVIRONMENTAL, INC., Civil Engineer 10 $100.00 $1,000.00 ELECTRICAL CONSULTING, Electrical Engineer 5 $100.00 $ 500.00 MECHANICAL SOLUTIONS, Mechanical Engineer 10 $100.00 $1,000.00 MRF* MOVING COMPANY, Moving Consultant 2 $100.00 $ 100.00 Subconsultant Sub Total: $2,600.00 x 1.1 Multiplier: $ 260.00 Subconsultant Total: TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN $2,860.00 $3,681.49 Amount Prior This Totallnvoiced Amount Agreement for Professional Services AG-C 290 Exhibit C Page 2 of 3 November 2006 Task Authorized Invoiced Invoice To Date Expended Completed Remaining 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 $1,000.00 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 $2,000.00. Agreement for Professional Services AG-C 290 Exhibit C Page 3 of 3 November 2006 ~3~1"w - i AMENDMENT #1 TO AGREEMENT NO. AG-C-290 BETWEEN THE CITY OF AUBURN AND THE TRANSPO GROUP RELATING TO PROJECT NO. C302B, WEST VALLEY HIGHWAY PEDESTRIAN FACILITIES T IS AMENDMENT is made and entered into this "tom day of , 200, by and between the CITY OF AUBURN, a municipal corpor n of the S ate of Washington (hereinafter referred to as the "CITY"), and The Transp roup (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-290 executed on the 15t" day of December 2006. The changes to the agreement are described as follows: 1. CONTFZACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2007. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-290 executed on the 15t" day of December, 2006, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. THE TRANSPO GROUP By: _ Authorized signature ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) J ~' Peter~B. Lewis, Mayor ATTEST: anielle E. Daskam, Auburn City Clerk Approved a~.$o form: iel B. He'I~i; Aubur`s~C'i~i F~ttorney Amendment No. 1 for Agreement No. AG-C-290 The Transpo Group Page 1 of 1