HomeMy WebLinkAboutKolke Consulting Group Inc AG-C-271,~ ~ . t ~~ ~ ~~~
2007/2008 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-271
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 KOLKE CONSULTING GROUP, INC., whose address is 2212 Camas
Circle SE, Renton, WA 98055, 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.
Tasks under this contract will involve work pertaining to building plans review on
an on-call basis. See Exhibit A, Scope of Work, 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.
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.
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January 5, 2007
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3. COMPENSATION.
The CONSULTANT shall be paid by the CITY based upon the Fee Schedule
outlined in Exhibit B for work performed under this Agreement. Exhibit B is attached
hereto and by this reference made part of this Agreement. These fees will be "not to
exceed" lump sum figures based on the Compensation and shall include all consultant
expenses including, but not limited to, overhead, profit, and direct non-salary costs.
The total amount of the agreement shall not exceed $50,000.
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.
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 contractor or any other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
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January 5, 2007
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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 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.
6. 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,
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.
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January 5, 2007
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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.
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January 5, 2007
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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, 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 shalt 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.
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January 5, 2007
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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.
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:
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January 5, 2007
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(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.
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.
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January 5, 2007
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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.
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
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January 5, 2007
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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 Crystal Kolke 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: Jim Tinner
25 W Main Street
Auburn WA 98001
Phone: 253.804.3121
Fax: 253.804.3114
E-mail: jtinner@auburnwa.gov
Kolke Consulting Group, Inc.
Attn: Crystal Kolke
2212 Camas Circle SE
Renton, WA 98055
Phone: 425.255.3099
Fax: 425.255.3099
E-mail: crystal@kolke.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.
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January 5, 2007
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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.
CI O AUB
-~-- ~_-~
Peter . L s, ayor
Date FEB - ~ 2007
ATTEST:
~~.~~~
Dance a E. Daskam, City Clerk
KOLKE CONSULTING GROUP, INC.
BY: LAG
Title: ~P~iG~~
Federal Tax I D # ~ ~ -(
Agreement for Professional Services AG-C-271
January 5, 2007
Page 10 of 10
EXHIBIT A
SCOPE OF WORK
1. PLAN REVIEW
A. Kolke Consulting Group, Inc. (Consultant) will review plans submitted with building
permit applications for structural and nonstructural code compliance in accordance
with the currently adopted construction codes as adopted and amended by the
state of Washington and City of Auburn, except that the Consultant will confer with
the Building Official and his/her agent on any portion of the review that specifically
requires the approval of the Building Official as specified in the code(s).
B. The Consultant will not design for the applicant, make any complex structural
changes on the plans, or make any changes that directly contradict other
information on the plans. Significant changes must be made by or under the
direction of the applicant or design professional. All notes and details must be on
the approved permit set of plans..
C. Reviews shall be done by the consultant, an approved representative, or an outside
consultant. The name of the reviewer or outside consultant shall be submitted to
the City upon request.
D. If corrections or additions are required, the Consultant will write and send a review
letter addressed to the review contact person for the applicant and will send an
electronic copy to the Building Official and additional copies as desired by the City.
The correction letter will indicate to the applicant that they are required to submit
the revisions/additions to the City per the submittal requirements for the permit type
under review. Applicants may submit directly to the consultant, if desired. A copy
of all correspondence from the applicant (i.e., response letters) will be returned to
the City. .
E. The Consultant will indicate that the drawings have been reviewed and found to be
in substantial compliance with applicable construction codes and ordinances. The
Consultant's name and date of compliance will be affixed to each sheet in up to two
sets of drawings. The plan reviewer's signature will also be affixed to the cover
sheet.
F. Complete reviews will include structural, nonstructural, accessibility, energy, and
ventilation requirements. Partial reviews will be indicated as either structural or
nonstructural or as mutually agreed upon.
Exhibit A
Agreement No. AG-C-271
Page 1 of 2
2. PROCESS
A. The City will determine which plans are to be reviewed by the Consultant.
B. The City will intake, track and process the permit applications and all revisions
per current building and permit administration procedures.
C. The Consultant will be responsible for the transportation of permit review
documents to the City. The City will be responsible for the transportation of
permit review documents to the Consultant.
D. The Consultant will complete the initial review and will have either approved the
application and notified the City of approval or contacted the applicant and the
City with corrections within the time frames listed below:
Project Type
Single-Family
Multi-Family
Commercial
Initial Review
10 days (2 weeks)
15 days (3 weeks)
20 days (4 weeks)
Re-Review
5 days (1 week)
10 days (2 weeks)
15 days (3 weeks)
Turn-around for all other types of permit applications is to be negotiated.
E. The Consultant will review any revisions or additional information and will either
indicate compliance with the code(s) against which it was checked and notify the
City of compliance, or if the drawings are still not complete, contact the applicant
and the City with additional revision requests within the time frames specified
above.
F. The review time may be negotiated based on the number and complexity of
projects to be reviewed. The Consultant will not be held responsible for delays
beyond the Consultant's control. During heavy work loads or schedule delays,
the Consultant shall notify the City of revisions to estimated target dates.
Exhibit A
Agreement No. AG-C-271
Page 2 of 2
EXHIBIT B
FEE SCHEDULE
A. The City shall pay the Consultant alump-sum fee for performing an initial review and
a maximum of two rechecks for each project. The fee shall be based on a percentage
of the plan review fee as tabulated below or as mutually agreed upon between the
City and Consultant. The plan review fee shall be based on the fees charged by
resolution for the City.
Commercial and Multi-Family Projects:
Valuation Com lete Plan Review Partial Plan Review
<$2,000,000 70% 40%
$2,000,000 - $5,000,000 60% 35%
$5,000,001 - $10,000,000 50% 25%
$10,000,001 and u 45% 23%
Single Family Projects:
Com lete Plan Review Partial Plan Review
70% 50%
B. All other review services and reviews in excess of three (the initial review plus two re-
checks) shall be paid on atime-and-expense basis using an hourly rate of $100.
C. In-house plan review and other services will be provided as desired by the City and
agreed upon by the Consultant on atime-and-expense basis using an hourly rate of
$100. Work performed by an Administrative Assistant will be billed at a rate of
$45/hour. Travel will be reimbursed for time and mileage at the current IRS mileage
reimbursement rate plus 10 percent.
D. Valuation figures used to determine the plan review fees will be calculated based on
the City's Fee Resolution. The plan review fee will be determined by the City and
submitted to the Consultant for each project for review and approval.
E. Each billing statement will include the permit application number and owner or project
name of the plans reviewed with the fee.
F. Billing statements will be issued for reviews that receive a complete initial review in the
preceding month or other acceptable time period. A complete initial review shall
constitute an earned fee for both City and Consultant.
G. The City shall have the right to withhold payment to the Consultant for any work not
completed in a satisfactory manner until such time that the consultant modifies such
work to the satisfaction of the City.
Exhibit B
Agreement No. AG-C-271
Page 1 of 1
CONSULTANT INVOICES
CONSULTANT invoices should contain the following information:
• On CONSULTANT letterhead.
• A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
• Internal invoice number and/or sequential numeric number (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 15th
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-271
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 Hourl 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 lier 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 tier $ 2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
f'(IAITRA(_T RRFAKr)nWN
$ 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-271
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