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HomeMy WebLinkAboutPACE Engineers Inc AG-C-298,q~ -~.~ AGREEMENT FOR PROFESSIONAL SERVICES AG-C-298 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 PACE Engineers, Inc., a Washington Corporation, whose address is 11255 Kirkland Way, Suite 300, Kirkland, WA 98033, 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 31, 2008, 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. Agreement for Professional Services AG-C-298 May 3, 2007 Page 1 of 11 3. COMPENSATION. Compensation will be on a time and material basis, not to exceed $130,000.00. Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. The total compensation for this Agreement shall not exceed $130,000.00, which includes a Management Reserve Fund amount of $17,000.00. Expenditure of Management Reserve Funds must be authorized by the CITY as set forth in Section 4 of this Agreement. The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or Agreement for Professional Services AG-C-298 May 3, 2007 Page 2 of 11 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 $17,000.00. 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. 5. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 6. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall Agreement for Professional Services AG-C-298 May 3, 2007 Page 3 of 11 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 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. Agreement for Professional Services AG-C-298 May 3, 2007 Page 4 of 11 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. 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 Agreement for Professional Services AG-C-298 May 3, 2007 Page 5 of 11 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. 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. Agreement for Professional Services AG-C-298 May 3, 2007 Page 6 of 11 10. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 11. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the 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: Agreement for Professional Services AG-C-298 May 3, 2007 Page 7 of 11 (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. 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. Agreement for Professional Services AG-C-298 May 3, 2007 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, 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. 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 Agreement for Professional Services AG-C-298 May 3, 2007 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. 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. 14.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 14.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 14.9. This Agreement shall be administered by Dave Hutley, PE, 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: Fritz Timm, PE 25 W Main Street Auburn WA 98001 Phone: 253.931.3010 Fax: 253. 931.3053 E-mail: ftimm@auburnwa.gov PACE Engineers, Inc. Attn: Dave Hutley, PE 11255 Kirkland Way, Suite 300 Kirkland WA 98033 Phone: 425.827.2014 Fax: 425.827.5043 E-mail: daveh@paceengrs.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 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. Agreement for Professional Services AG-C-298 May 3, 2007 Page 10 of 11 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. 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. o€ AuBu ~- Peter B. Lewis, Mayor MAY 1 0 2007 Date ATTEST: 1 G'L~~` D Danielle E. Daskam, City Clerk PACE Engineers, Inc. BY: Title: l/L y .r ~ ~ Federal TaxlD# ~/ / Agreement for Professional Services AG-C-298 May 3, 2007 Page 11 of 11 EXHIBIT A SCOPE OF WORK Engineering Design Services for City of Auburn 2007 Sewer Main Repair /Replacement Project CP0731 The scope of work for the project includes ring and cover adjustment on approximately 16 existing manholes, replacement of approximately 1,500 lineal feet of 6" sewer force main and replacement of approximately 2,300 lineal feet of gravity sewers, along with several isolated spot repairs. The replacements are in approximately a dozen different locations throughout the City of Auburn, and are shown on the attached Exhibit D Vicinity Maps. Work tasks are as follows: Task 1 -Design Survey/Base Map Preparation PACE will be using our in-house survey staff to complete all field survey work on this project resulting in production of base topographic plans for use by our design staff. We believe that some of the sewer mains in this project can be replaced by pipe bursting. Where this can be determined up front, survey information may not need to be as detailed as for a full dig replacement, thereby offering some potential for cost savings. In either case, we will provide the necessary level of detail required for the project. We understand that the survey control in the City is relatively good and will rely on that for our work. Items to be performed under this task include the following: 1. All survey work will be tied to available City of Auburn NAD 83/91 horizontal control points and NAVD 1988 vertical benchmarks. 2. Order design locates and marking of all existing underground utilities. 3. Acquire available as-built utility maps. 4. Conduct research in public records for necessary survey information. 5. Control will be tied to monuments required to establish street rights-of-ways and lot boundaries. 6. Set additional control points/benchmarks at beginning and end of streets, if needed. 7. Show all topographic data within proposed design/construction limits. 8. Show contour lines at 2-foot intervals within rights-of-way and easements. Exhibit A Agreement No. AG-C-298 Page 1 of 3 9. Show survey control points with elevations and point numbers for use in construction staking. 10. Show all identified utilities including individual service lines where possible. 11. Provide base mapping at scale of 1" = 20'. 12. Walk all topo surveys after base maps are complete to verify visible features are noted. 13. As-built final manhole locations and depths at the completion of construction. Task 2 -Sewer Design and Contract Documents Under this task, the design of the new sewer lines will be prepared using the base maps prepared as part of Task 1 above. The design will be prepared in anticipation of open cut construction but will provide a bid alternate for other construction methods where appropriate. For the manhole ring and cover adjustments, we propose to utilize the City's existing GIS system in developing base drawings for design. We will prepare exhibits of project areas to help bidders locate the manholes designated for repair. We anticipate working closely with City staff during the design process and propose to provide review plans at the 50% and 90% stages. We propose to provide plan and profile drawings at 20-scale on 22" by 34" sheets. Specifications and contract documents will be prepared under the format used on past City projects. Two sets of half-size plans and two sets of specifications will be provided for City review at each review phase. Full size drawings will be provided upon design completion. Task 3 -Permits and Approvals This task will include preparation and submittal of applications for all necessary permits and approvals pertaining to this project. We expect that a City of Auburn right-of-way permit will be required. PACE will provide all appropriate coordination during the permit application and acquisition process. Task 4 - QA/QC For quality assurance during design, a senior level principal will thoroughly review all documents before they are submitted to the City for the 90% review. QA/QC will also occur for the final document preparation. Exhibit A Agreement No. AG-C-298 Page 2 of 3 Task 5 -Services During Bidding and Award Items to be included in this task are bidding the project, distributing plans and specifications to contractors, consultation during the bid process, issuing addenda as necessary, coordination and attendance at a pre-bid meeting, attendance at the bid opening, investigations of the low bidder, recommendation of award, and attendance at the pre-construction conference. Task 6 -Project Management/Coordination PACE will provide general coordination of all aspects of the project and will be available to meet with other consultants and the City to ensure that all issues are addressed. Also included in this task will be preparation of monthly invoices and of bi-weekly status reports, typically delivered by a-mail, to inform City staff of ongoing progress. Task 7 -Construction Administration This task includes management of the project during the construction period. No budget has been included for this task, however, PACE is prepared to provide whatever level of assistance is requested by the City. At the end of the design phase we will discuss the City's construction administration needs and provide a scope and budget for those services. Services that could be included under this task are as follows: 1. Review material submittals for compliance with contract documents. 2. Review, approve and prepare contract pay estimates. 3. Provide changes to plans or specs as necessary to respond to field conditions. 4. Provide construction inspection. 5. Prepare change orders as necessary, including all documentation and coordination with the contractor. 6. Attend and conduct construction meetings as required. 7. Monitor construction to determine contractor compliance and prepare all letters and documentation regarding same. 8. Address construction questions as they arise. 9. Prepare punch lists and conduct final inspection, and prepare recommendation of project acceptance. 10. Prepare As-Built drawings. We would use the inspector's markups to prepare the as-builts and provide copies in both paper and electronic format. 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O y m c a v C m c o~ ~ ~ rn c c ~ tU ' O ~ ~ ° oa o `~ w a 5 a ~ c n Q N r O N M c a O m A a a~ N t Y a~i m a L W rn rn R m LL EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees • Courier Fees • Subconsultant Fees • Materials and Supplies • Mileage at $0.485/mile or the current approved IRS rate It is understood that all reimbursements are at cost and will be marked-up 10%. Subcontracts: The CONSULTANT, at the CITY'S request shatf 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. 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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`h • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-298 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 Hour 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 Ex enses see attached documentation Char es Multi tier Amount Mike Jones, Princi al in Char a 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 Multi lier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE CONTRACT BREAKDOWN $ 2,860,00 $ 3,681.49 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% 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-298 Page 2 of 2 ,~~j ~ lP • 1 AMENDMENT #1 TO AGREEMENT NO. AG-C-298 BETWEEN THE CITY OF AUBURN AND PACE ENGINEERS, INC. THIS AMENDMENT is made and entered into this 31 st day of December, 2008, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and PACE ENGINEERS, INC., (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-298 executed on the 10t" day of May, 2007. The changes to the agreement are described as follows: CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2009. 2. SCOPE OF WORK: There is no change to the scope of work. 3. COMPENSATION: There is no change to the amount of compensation. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-298 executed on the 10'h day of May, 2007, 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. PACE ENGINEERS, INC. CI AUBURN By: ; _ ZO-4~~ Authorized signature Pet r B. Lewis, Mayor ATTEST (Optional): ATTEST: By. Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) App ed a for : D iel B. Heid, Auburn City ey Amendment No. 1 for Agreement No. AG-C-298 Pace Engineers, Inc. Page 1 of 1 - i aVL.ltdI11Y n--~ .,7 CiTY C:e FPt<IQ nI:F:lr;F )JAN 25 2010 AMENDMENT #2 TO AGREEMENT NO. AG-C-298 BETWEEN THE CITY OF AUBURN AND PACE ENGINEERS, INC. THIS AMENDMENT is made and entered into this , by and between the CITY OF AUBURN, a municipai corporati of the State of Washington (hereinafter referred to as the "CITY"), and PACE EN NEERS, INC., (hereinafter referred to as the "CONSULTANT"}, as an Amendment to the Agreement between the parties for AG-G298 executed on the 10th day of May, 2007, and amended by agreement dated 31St day of December 2008. The changes to the agreement are described as follows: CONTRACT TERM: There is no change to the term of the Agreement for Professional Services. 2. SCOPE OF WORK: See attached Scope of Work. 3. COMPENSATION: The amount of this amendment is $27,000. The total contract amount is increased to a total of $157,000. %L REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-G298 executed on the 10th day of May, 2007 and as amended by agreement dated 31st day of December 2008, 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. PACE ENGINEERS, INC. CITY OF AUBURN By' ~ Authorized signatur Peter B. L wis, Ma y o r ATTEST (Optionaf): By: Its: G c r~o~e ATTEST: anie le E. Daskam, Auburn ~Uity Clerk Approved as to form (Optional): Attorney for (Other Party) Appr ed as form: iel B. H' Auburn City Attorney Amendment No. 2 for Agreement No. AG-C-298 Pace Engineers, Inc. PaQe 1 of 1 Pro j ect CP0731 2007 Sewer Main Repair and Replacement Ameudmen COPE OF SERVICES During the term of this Amendment 42 to AGREEMENT No. AG-C-298, PACE Engineers, Inc. (CONSLTLTANT) sha11 perform additional professional services for the City of Auburn (CITY), in connection with the 2007 Sewer Main Repair and Replacement Project. The additionaI professional services shall be defined as Tasks and shall be as follows: TASK 1. PROJECT MANAGEMENT ~ i asK 1.1 vVork Flan The CONSULTANT shall provide general project management and perform QA/QC reviews of Contract documents prior to submitting Final Revisions to the CITY. Deliverable(s): • Attend 2 meetings with City staff to discuss finalizing design documents following CITY staff changes. TASK 2. FINAL REVISIONS Task 2.1 PS&E Final Submittal The CONSULTANT shall make misior revisions to the Plans, Specifications and Estimate to incorporate the 100% review comments from the CITY. The CQNSULTANT shall incorporate the changes to the plans to include pavement patching and permanent pavement markings along 22nd St NE as aescribed by City staff during review meeting held May 27, 2009. The CONSULTANT shall review Contract provisions following CITY staff transferring Contract provisions from 2006 specifications to 2008 specifications. The final Contract Plans will include all complete drawings with the CONSUI.TANT's engineering stamp, date and signaiure. The Contract Provisions document will be complete and be ready to use during bid advertisement. The CONSULTANT shall also prepare a final Enguieer's Estimate of probable construction cost. Deliverable(s): • One (1) full-size paper copy of the Final Contract Drawings for CITY review prior to printing full-size mylar drawings • One (1) full-size (on 4 mil Mylar) copy and one (1) electronic copy (AutoCA.D) of the Final Contract Drawings ~ One (1) unbound, camera ready, copy and one (1) electronic copy of the Final Contract Provisions • One (1) hard copy and one (1) electronic copy of the Finai Engineer's Estimate. 2007 Sewer Mai.n Repair and Replacement AG-G298 Amendment #2 Scope of Work June 2009 Page 1 TASK 3. CONSTRUCTION SUPP4RT Task 3.1 Construction Support The CONSULTANT sha.ll provide Construction support for the project during the course of the construction period. Construction Support may include the following, as requested by the CITY; • Review material submittals for compliance with contract documents. • Provide changes to plans or specs as necessary to respond to field conditions. • Prepare change orders as necessary, including all documentation and coordination with the contractor. • Address construction question.s as they arise. • Prepare Record ("as-built") Drawings, and transmit (stamped and signed) mylar originals and digital files to the CITY. Assume the CITY will provide inspector's reports and records, as required, and redlined markups of construction drawings. The CITY will provide the original mylar drawings for CONSULTANT' S use in preparing record drawings. The CONSULTANT will prepare both handwritten and electronic copies. 2007 Sewer Main Repair and Replacement AG-C-298 Amendment #2 Scope of Work June 2009 Page 2 i43•lb.`~ AMENDMENT #3 TO AGREEMENT NO. AG-C-298 BETWEEN THE CITY OF AUBURN AND PACE ENGINEERS, INC. RELATING TO PROJECT NO. CP0731, 2007 SEWER MAIN REPAIR & REPLACEMENT THIS AMENDMENT is made and entered into this ~ day of 20`~v~ by and between the CIIY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Pace Engineers, Inc. (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-298 executed on the 10th day of May 2007, and amended by agreement dated the 31st day of December 2008, and amended by agreement dated the 11th day of June 2009. The changes to the agreemenfi 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 or subsequent amendments REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-298 executed on the 10th day of May 2007, 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. PACE ENGINEERS, INC. By: Autt H 1 I tJ Itvptionai): By: Its: Approved as to form (Optional): Attorney for (Other Party) CIT OF AUBUR ~ Peter . Lewis, Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk to Daniel B. Heid, Auburn Cffy p,ttorney Amendment No. 3 for Agreement No. AG-C-298 Pace Engineers, Inc. Page 1 of 1 AMENDMENT #4 TO AGREEMENT NO. AG-C-298 BETWEEN THE CITY OF AUBURN AND. PACE, ENGINEERS, INC. RELATINGTO PROJECT 'NO.'CP0731, 2007 SEWER"MAIN REPAIR & REPLACEMENT THIS AMENDMENT is made and-entered into this ~~ay.of by and between the.CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred'to as the "CITY"), and Pace Engineers, Inc. (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties, for AG-C-298 executed on the 10t" day of May 2007, and 'amended by agreements dated the 31St day of December 2008, the 11th day of June 2009;°and the 29th day of December 2009; f . 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 or subsequent amendments REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-298 executed on the 10th day-of May 2007, 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. I PACE ENGINEERS, INC. C OF AU N By: Authorized signature Pe er B. Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: D'anie a E.` Daskam, Auburn City Clerk Approved as to form (Optional): Approved as to form: Attorney for (Other Party) an' ub rn C Attorney Amendment No. 4 for Agreement No. AG-C-298 Pace Engineers,.Inc. Page 1 of 1