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HomeMy WebLinkAboutParsons Brinckerhoff Quade & Douglas AG-C-199AGREEMENT FOR PROFESSIONAL SERVICES AG-C-199 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 with, Parsons Brinckerhoff Quade & Douglas, Inc., a corporation whose address is 999 3rd Ave Suite 2200 Seattle, WA 98104-4020, 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. All work under this Agreement shall be completed by October 3, 2003. The established Completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total amount o£the Agreement is not to exceed $58,000.00. Paid per rates are attached in the fee schedule as shown on Exhibit B, whicl~ is attached and by this reference made part of this 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 Agreement forProfessionalServices AG-C-199 June 17,2003 Page I of 9 negotiated and approved by the CITY prior to any effort being expended on such services or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND, The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such services, and shall not exceed $5,082.00. 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. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality,, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The coNSULTANT shall perform its services to conform to generally accepted professional engineering standards and the requirements of the CITY. 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. Agreement for Professional Services AG-C- 199 June 17, 2003 Page 2 of 9 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 or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the 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. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The Agreement for Professional Services AG-C-199 June 17, 2003 Page 3 of 9 ri I CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained fi.om an insurance company authorized to do business in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. Agreement for Professional Services AG-C- 199 June 17, 2003 Page 4 of 9 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 t.erminated. 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-199 June 17, 2003 Page 5 of 9 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 a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental 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. 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 Agreement for Professional Services AG-C-199 June 17, 2003 Page 6 of 9 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 jurisdictio, n 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, representa'dons or agreements Agreement for Professional Services AG-C- 199 June 17, 2003 Page 7 of 9 [ 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 Kareem Greiss, 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: Brian Coleman 25 W Main Street Auburn WA 98001 Phone: 253.805.5059 Fax: 253.931.3053 E-mail: bcoleman~ci.auburn.wa.us 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. Parsons Brinckerhoff Quade & Douglas, Inc. Attn: Kareem Greiss 999 3rd Ave Suite 2200 Seattle, WA 98104-4020 Phone: (206) 382-5242 Fax: (206) 382-5222 E-mail: Greiss~pbworld.com Agreement for Professional Services AG-C-199 June 17, 2003 Page 8 of 9 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-199 June 17, 2003 Page 9 of 9 ATTEST: CITYOI'.~~~ ~ Peter B Lewis, M_3,ayor Date Danielle E. Daskam, City Clerk APPROV/~AS TO FORM: Da~-:~I~-id, Cll3r~ttomey PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. Title: Federal Tax ID # File: H:\CONSULTANTSXa~GREEMENTSX2003XAGC 199 AGREEMENT.DOC Agreement for Professional Services AG-C-199 June 17, 2003 Page 10 0£9 EXHIBIT A City of Auburn Downtown LiqhtinR Study Scope of Work Objective The following scope of work is for services to be provided by Parsons Brinckerhoff Quade & Douglas (Consultant) to the City of Auburn (Client) for a Downtown Lighting Study. The lighting study is initiated to address low light level conditions along City streets, at City parking lots, alleyways, and sidewalks. These low light conditions are a security concern to the City. The primary objectives of the lighting study are as follows. · Measure and document existing light levels along roadways, at parking lots, alleyways, sidewalks, and pedestrian crossings. · Compare measured light levels against standard practice. · Document and define areas of insufficient lighting (low light levels). · Provide recommendations and cost estimates for lighting system improvements. Project Area Auburn Way on the East, the Railroad on the West, 2nd Street on the North and 2nd Street on the South bound the project area. This is approximately a 25-block area. See attached map showing parking lots, alleyways, sidewalks and pedestrian crossing areas that will be studied. Main Street from Auburn Way to E Street will be included as part of the study. Task 1.0 - Project Management The Consultant shall provide project management for the project including the following: · Prepare project scope, schedule, and implementation plan · Participate in conference calls and attend project meetings on a bi-weekly basis · Report progress and prepare billings · Quality control review of all deliverables · Monitor and update project budget Deliverables: Project scope, schedule, and implementation plan Meeting minutes for conference calls and project meetings Billings and progress reports Task 2.0 - Sample Lighting Levels The Consultant shall sample light levels (Horizontal and Vertical Illuminance) within the defined areas (See attached map). This includes the following. · Roadways - The Consultant shall measure illuminance levels along City Streets. See attached map. A total of 200 measurements are assumed. · Parking Lots - The Consultant shall measure horizontal and vertical iIluminance levels at 12 Parking Lots. See attached map. A total of 120 measurements are assumed. · Alley Ways - The Consultant shall measure horizontal and vertical illuminance levels along 3 alleyways. See attached map. A total of 30 measurements are assumed. · Sidewalks/Pedestrian Crossings - The Consultant shall measure horizontal and vertical illuminance levels along sidewalks and pedestrian crossings. See attached map. A total of 200 measurements are assumed. Light Fixture Locations - The Consultant shall document general light fixture locations at areas where lighting measurements are taken. Page 2 of 3 · Street Trees - The Consultant shall document large street tree locations that affect lighting levels. · Photos - The Consultant shall take daytime and nighttime digital photos throughout the project area. Deliverable(s): Light level documentation - The Consultant shall produce a graphical representations depicting the measured illuminance levels. General light fixture locations and types will be documented along with location of large street trees that influence light levels. Project photos - Daytime and nighttime photos will be produced. Notes and Assumptions: Consultant assumes the use of City furnished CADD backgrounds for graphical representations. Task 3.0 - Compare Lighting Levels The Consultant shall compare the existing light levels against standard practice. This includes the following. · Compare roadway lighting levels against the recommendations provided in ANSI / IES RP-8-00 American National Standard Practice for Roadway Lighting. Compare parking lot lighting levels against the recommendations provided in ANSI / IES RP20- 98 Lighting for Parking Facilities. · Compare alleyway lighting levels against the recommendations provided in ANSI / IES RP-8-00 American National Standard Practice for Roadway Lighting. · Compare sidewalk and crosswalk lighting levels against the recommendations provided in ANSI / IES RP-8-00 American National Standard Practice for Roadway Lighting. Deliverable(s): Light level Comparisons - The Consultant shall document recommended standard practice lighting levels and compare with the existing lighting levels. Low light level areas will be documented and presented in a graphical form. Notes and Assumptions: Roadway lighting levels are being evaluated based on illuminance. Luminance based evaluations are not included. Task 4.0 - As-Built Review The Consultant shall review City furnished as-built drawings (Assume 25 drawings) for existing street light installations. The objective of this task is to review the installation drawings for adherence to standard practice. The following shall be reviewed. Street light hardware - Pole, fixture, lamp. Fixture spacing Electrical systems - Overcurrent protection, wirer grounding Deliverable(g): Technical memorandum on findings for as-built review. Notes and Assumptions: City shall furnish as-builts for review. Page 1 of 3 Task 5.0 - Recommendations and Cost Estimates Based upon the existing light level findings, the Consultant shall provide recommendations and cost estimates for improving lighting at City parking lots, alleyways, pedestrian areas and crosswalk areas. This includes the following. Roadways - Recommendations will be provided for roadway lighting improvements including fixture selection, and typical spacing. Lighting calculations will be prepared for one typical City road. · Parking Lots - Recommendations will be provided for parking lot lighting improvements including fixture selection, and typical spacing. Lighting calculations will be prepared for 3 of the 12 City parking lots.. · Alleyways - Recommendations will be provided for alleyway lighting improvements including fixture selection, and typical spacing. Lighting calculations will be prepared for one typical alleyway. · Pedestrian Areas / Sidewalks, Crosswalks - Recommendations will be provided for lighting improvements at pedestrian and sidewalk areas including fixture selection, and typical spacing. Lighting calculations will be prepared for one typical sidewalk area and one pedestrian crossing area. · Based on the recommendations provided, cost estimates will be prepared. Cost estimates will be prepared on a per-fixture basis. Deliverable(s): Roadway lighting recommendations and calculations. Parking lot lighting recommendations and calculations. Alley way lighting recommendations and calculations. Pedestrian area and crosswalk lighting recommendations and calculations. Cost estimates for recommended improvements. Task 6.0 - Lighting Study Report The Consultant shall compile findings from the lighting study and produce a report that summarizes the findings, deficiencies, and recommendations. Deliverable(s): "City of Auburn Downtown Lighting Study" Report. 5 Copies. Page 3 of 3 EXHIBIT B FEE SCHEDULE AGREEMENT NO. PROJECT TITLE DATE ESTIMATE OF CONSULTANT COSTS Auburn Downtown Lighting Study April 25, 2003 DIRECT SALARY COSTS BASE HOURLY CLASSIFICATION HOURS RATES PIC 13 $49.85 Project Manager 52 $34.05 Lead Engineer 199 $34.05 Engineer I 167 $23.01 Tech Specialist 60 $40.00 Contract Administration 28 $29.81 Cadd Technician 66 $30.32 Subtotals: 585 PBQD Overhead Labor and Overhead Total FEE FOR PROFIT 156.00% (Of Direct Labor) 12% (Of Direct Labor and Overhead) TOTAL $ 648 $ 1,771 $ 6,776 $ 3,843 $ 2,400 $ 834.68 $ 2,001.12 $ 18,273 $ 28,5O6 $ 46,779 $ 5,613 SUBTOTAL DIRECT SALARY, OVERHEAD AND FEE COSTS $ 52,393 DIRECT NON-SALARY COSTS Project Communications (Fed Ex, Postage, Courier) $ 200 Project Mileage @ $.365/mi. $ 150 Project Reproduction (External) $ 150 Project Copies @$.04/per copy Project Miscellaneous $ 25 SUBCONSULTANT COSTS $ $ $ $ SUBTOTAL NON-DIRECT SALARY COSTS $ 525 GRAND TOTAL $ 52,918 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. · Oonsultant Agreement # (i.e.: AG-O-115). · Project number(s) listed (i.e.: PR562). · Oity's project manager listed. · The hour(s) per person broken down by task(s) (atlach 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 J'a~nuary 15th. · For grant/special funded projects there might be other special information needed, reference the LAG manual. SAMPLE INVOICE city of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Mike Jones, Principal in Charge 1 Carla Maker, Architect 5 Joe Smith, Word Processinq 10 Consultant Personnel Sub Total: Hourly Rate Amount $125.00 $125.00 $ 72.00 $144.00 $ 48.00 $480.00 $749.00 Expenses (see attached documentation) Charges Mileage ($0.345/mile): 20 miles Communications: $30.00 Printinq: $29.00 Consultant Expenses Sub Total: Multiplier Total x 1.1 $ 7.59 x 1.1 $33.00 x 1.1 $31.90 $72.49 Consultant Total: $821.49 SUB CONSULTANTS Subconsultant {see attached documentation) Hours ABC ENVIRONMENTAL, INC., Civil Engineer 10 ELECTRICAL CONSULTING, Electrical Engineer 5 MECHANICAL SOLUTIONS, Mechanical Engineer 10 MOVING COMPANY, Movin.q Consultant 2 Subconsultant Sub Total: x 1.1 Multiplier: Hourly Rate Amount $100.00 $1,000.00 $100.00 $ 500.00 $100.00 $1,000.00 MRF* $100.00 $ 100.00 $2,6OO.0O $ 26O.OO Subconsultant Totah $2,860.00 TOTAL DUE THIS INVOICE ......................................................... .................................................................................................... $3,681.49 CONTRACT BREAKDOWN Amount Prior This Total Invoiced % % Amount 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 Res.erve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. AMENDMENT # 1 TO AGREEMENT # AG-C-199 BETWEEN THE CITY OF AUBURN AND PARSONS BRINKERHOFF QUADE & DOUGLAS INC (PB POWER) RELATING TO C315A DOWNTOWN LIGHTING STUDY THIS AMENDMENT is made and entered into this,~'~day of ~ 2003, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Parsons Brinkerhoff Quade & Douglas Inc (PB POWER) (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-199 executed on the 27th day of June 2003. 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, 2003. 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-199 executed on the executed on the 27th day of June 2003, 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. PARSONS BRINKERHOFF QUADE & DOUGLAS INC (PB POWER) By: ~ Authori7-~8 signature ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) Amendment No. 1 for Agreement No. AG-C-199 Parsons Brinkerhoff Quade & Douglass Inc (PB POWER) Page 1 of 1 Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk ~B,d ~rn~it ~~ney