HomeMy WebLinkAboutBradley & Guzzetta LLC AG-C-275.~ ~ 1 ~: ~ ~
2007 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-275
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 BRADLEY & GUZZETTA, LLC., whose address is 444 Cedar Street,
Suite 950, St. Paul, MN 55101, 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.
The CONSULTANT, on a project basis, will be given individual task assignments
(see Exhibit A, Sample Task Assignment) for work related to right-of-way management
services. These task assignments will describe the work to be completed, completion
dates, and compensation amount. An approved task assignment shall be required
between the CONSULTANT and the City prior to commencing any work for any
individual task.
2. 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, 2007, 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.
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Agreement for Professional Services AG-C-275
February 15, 2007
Page 1 of 14
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for completed services rendered
under each approved individual task assignment. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work. The
CONSULTANT shall submit an itemized bill to the CITY prior to payment. The total
compensation for this Agreement shall not exceed $25,000.00.
The CONSULTANT shall be paid by the CITY based upon the fees included for
each individual approved task assignment. These fees will be "not to exceed" lump
sum figures based on 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. Compensation shall include all consultant expenses including, but not
limited to, overhead, profit, and direct non-salary costs and shall not exceed that
amount shown on each approved individual task assignment for services under this
contract. The total amount of the agreement shall not exceed $25,000.00.
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.
Agreement for Professional Services AG-C-275
February 15, 2007
Page 2 of 14
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
perform its services to conform to generally-accepted professional 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.
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,
Agreement for Professional Services AG-C-275
February 15, 2007
Page 3 of 14
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,
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,
Agreement for Professional Services AG-C-275
February 15, 2007
Page 4 of 14
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.
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.
Agreement for Professional Services AG-C-275
February 15, 2007
Page 5 of 14
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.
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
Agreement for Professional Services AG-C-275
February 15, 2007
Page 6 of 14
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:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within athree-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within athree-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
Agreement for Professional Services AG-C-275
February 15, 2007
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12. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
13. GENERAL PROVISIONS.
13.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
13.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County, Washington.
Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall
proceed diligently with the performance of the services and obligations herein.
13.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
Agreement for Professional Services AG-C-275
February 15, 2007
Page 8 of 14
13.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
13.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
13.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorneys fees and
expenses and court costs shall be paid to the substantially prevailing party.
13.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
13.9. This Agreement shall be administered by Michael R. Bradley 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: Joe Welsh
25 W Main Street
Auburn WA 98001
Phone: 253-804-5050
Fax: 253-931-3055
E-mail: jwelsh@auburnwa.gov
Bradley & Guzzetta, LLC
Attn: Michael R. Bradley
444 Cedar Street, Suite 950
St. Paul, MN 55101
Phone: 651-379-0900, Ext. 2
Local: 253-931-4753, Ext. 2
E-mail: bradley@bradleyguzzetta.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
Agreement for Professional Services AG-C-275
February 15, 2007
Page 9 of 14
duly given if mailed by certified mail, return receipt requested, and addressed to the
address for the party set forth in 13.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
13.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
Agreement for Professional Services AG-C-275
February 15, 2007
Page 10 of 14
CITY O BURN
J~
`.
Peter B. Lewis, Mayor
Date MAR ~ 2007
ATTEST:
~ "
Danielle E. Daskam, City Clerk
BRADLEY & GUZZETTA, LLC
BY:
Title:
Federal Tax ID #
Agreement for Professional Services AG-C-275
February 15, 2007
Page 11 of 14
EXHIBIT A
SAMPLE TASK ASSIGNMENT
AGREEMENT #: AG-C-xxx
CONSULTANT:
PROJECT #/Name:
TASK #:
The general provisions and clauses of the Agreement referenced above shall be in full force
and effect for this Task Assignment.
Location of Project:
Maximum Amount Payable per this Task Assignment:
Completion Date:
Scope of Work:
Approvals
Consultant Project Manager:
Signature:
City Project Manager:
Signature:
City Mayor, if Task Assignment is over $5,000:
Signature:
Date:
Date:
Date:
Note: If this task assignment is over $25,000 then it must go before the appropriate Committee
and City Council for approval prior to the Mayor's signature.
Exhibit A
Agreement No. AG-C-275
Page 1 of 1
EXHIBIT B
SCOPE OF WORK
1. TELECOM -DESCRIPTION OF WORK.
Examples of the services the City desires include:
A. Telecommunication Providers -Quarterly
i. Consultant shall maintain a complete record of all bonds and insurance
required by ordinance.
1. Consultant shall immediately advise the City of any default of any such
requirements.
2. Consultant shall monitor performance bonds to make recommendation,
if necessary, to the City of any cause to exercise City options in the case
of non-performance.
ii. Consultant shall develop, maintain and provide to the City at regular intervals
but not less than quarterly a current record of telecom operators required to
have a franchise or public way agreement with the City.
1. This report shall include but not be limited to contact information, nature
of business and specific location of lines and facilities in the City
including upgrades/locations.
iii. Consultant shall furnish an immediate report of any area of non-compliance
with any of the filings required by the franchise agreements.
iv. Consultant shall maintain records of performance tests and any other
franchise records, which are necessary for the effective management of this
item.
v. Consultant shall work with the city to create and update maps on a monthly
basis of all telecommunications facilities in the pubic right of way.
vi. Consultant shall provide quarterly reports to the City Right of Way Manager
regarding changes to telecommunications facilities, fiber paths and wireless
tower locations.
vii. Copies of all records, reports, maps etc. Discussed in this section shall be
provided to the City.
viii. Consultant shall maintain and update a file of FCC regulations as they pertain
to the management of telecommunications by jurisdictions.
ix. In addition consultant may be asked to provide services on an hourly basis at
the rate of per hour for additional services such as, but not limited to,
those below:
a, Analyzing FCC rules and regulations
b. Industry trends
c. Legislative or Legal Issues
d. Specialty topics
Exhibit B
Agreement No. AG-C-275
Page 1 of 3
B. Advise the City on regulation/legislation - As Needed
i. Provide regular advice and updates to the city on regulatory or policy
changes at the national or state level associated with cable and
telecommunications affecting Auburn
ii. Assist in developing local regulations
iii. Provide assistance to the City, when requested, to revise ordinances. As
needed
C. Assist in negotiating franchise agreements - As Needed
i. Provide assistance to the city in the legal and technical review of potential
agreements when and where requested
D. Property Leases -Optional - As Needed
Work with telecom (including wireless) companies and cable companies to
execute and manage property leases for the placement and operation of
facilities on city property other than right of way
2. PIPELINE -DESCRIPTION OF WORK.
Examples of the services the City desires include:
A. Pipeline (Oil and Gas) Management and Regulation - As Needed
Consultant may be asked to provide services on an hourly basis at the
appropriate hourly rate for the type of work provided (legal or administrative)
for additional services such as, but not limited to, those below:
a. Industry trends and developments
b. Pipeline Safety
c. Legislative or Legat Issues
d. Other Specialty topics
B. Advise the City on regulation/legislation - As Needed
i. Provide regular advice and updates to the city on regulatory or policy
changes at the national or state level associated with pipelines affecting
Auburn
ii. Assist in developing local regulations
iii. Provide assistance to the City, when requested, to revise ordinances. As
needed
Exhibit B
Agreement No. AG-C-275
Page 2 of 3
C. Assist in negotiating franchise agreements - As Needed
Provide assistance to the city in the legal and technical review of potential
agreements when and where requested
D. Property Leases -Optional - As Needed
Work with pipeline companies to execute and manage property leases for
the placement and operation of facilities on city property other than right of
way
Exhibit B
Agreement No. AG-C-275
Page 3 of 3
FEB.27.2007 10~15AM BRADLEY ~UZZETTA LLC
EXHIBIT C
FEE SCHEDULE
~~
Michael R. Bradley
~--~--~ Stephen J. cuzzetta
Paralegal/Law Clerk
Consultant Invoices
Agreement No. AG-0-275
Page 7 of 2
N0.641 P.4i4
$210.00 per Hour
$210.00 per Hour
$125,00 per Hour
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 15`h
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-275
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
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-275
Page 2 of 2
~~.~~.q
ADDENDUM NO. 1
ADDENDUM TO 2006 AGREEMENT FOR PROFESSIONAL SERVICES,
No. AG-C-275 BETWEEN BRADLEY &GUZZETTA, LLC AND
THE CITY OF AUBURN
~l
THIS ADDENDUM is made and entered into this ,~~ `day of September 2007, by and
between BRADLEY &GUZZETTA, LLC, a Minnesota Limited Liability Company, authorized to
do business in the State of Washington, whose address is 950 Piper Jaffray Plaza, 444 Cedar Street,
St. Paul, MN 55101, (hereinafter referred to as "CONSULTANT") and the CITY OF AUBURN, a
municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), as an
addendum to the 2006 Agreement for Professional Services AG-C-275 between the parties.
WITNESSETH:
WHEREAS, The City and the Consultant entered into the 2006 Agreement for Professional
Services AG-C-275 ("Agreement"); and
WHEREAS, Exhibit A to the Agreement, the Scope of Work, allows the City to make a
written request for additional tasks to be performed by the Consultant at an agreed upon price; and
WHEREAS, Section 3 of the Agreement limits expenditures under the Agreement to Thirty
Thousand Dollars ($30,000.00) per year for years 2006 and 2007 unless the parties execute an
addendum to increase the amount; and
WHEREAS, the City wished to have the Consultant take on additional work under the
Agreement; and
WHEREAS, this additional work would bring the total work done under the Agreement to a
sum greater than Thirty Thousand Dollars for year 2007,
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO Section 3: That Section 3 of the Agreement is amended to
read as follows:
3. COMPENSATION.
The CITY agrees to pay the CONSULTANT in accordance with the fee schedule
outlined in Exhibit B for work performed under this Agreement. Exhibit B is
Page 1
attached hereto and by this reference made a part of this Agreement. The
compensation to be paid to the CONSULTANT shall not exceed $30,000.00 per year
for the year 2006 and $50,000.00 for the year 2007, unless increased by written
agreement of the parties. Compensation to be paid to the CONSULTANT for
authorized work in succeeding years will be contingent upon availability of funds.
The CONSULTANT will not undertake any work or otherwise financially obligate
the CITY in excess of said not-to-exceed amount without a duly executed Addendum
issued by the CITY.
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, travel, 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 ofthe 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.
ITEM TWO REVISION TO Exhibit A: That Exhibit A, Scope of Services Telecom and
Cable, to the Agreement is amended by the addition of new Section 4, Additional-Authorized work,
to read as follows:
The City of Auburn authorizes the following work to be done in conjunction with
the Comcast cable television franchise renewal as an addendum to the 2006
Agreement for Professional Services AG-C-275
The following is the work plan for the City's Cable Franchise Renewal Project.
Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and
will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members
(CBG Communications, Inc. and Front Range Consulting, Inc.).
Identify Needs and Priorities $3,000
a. Participation of other cities
b. Future Role of Puget Sound Access
c. Identify Vision of PEG channels (City to do in-house)
Page 2
d. Equipment and Staffing Needs (City)
Current Cable Franchise Compliance Review
a. Franchise Fee Review $3,500
b. I-Net Ownership Review $3,000
City must provide documentation related to I-Net ownership
Engage in brief informal negotiations $7,500
Prepare Franchise Documents $3,000
Total Estimated Phase I Fees $20,000
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement 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.
BRADLEY & GUZZETTA, LLC
By: ~~
Its:
C U RN
~~.--
By:
Peter B. Lewis ,Mayor
Attest:
By: ~-~
Danielle . ~Daskam. City Clerk
Approv as to f
Daniel B. Heid, City Attorney
Page 3
lk 1:~ !
ADDENDUM NO. 2
ADDENDUM TO 2006 AGREEMENT FOR PROFESSIONAL SERVICES, No. AGG275
BETWEEN BRADLEY & GUZZETTA, LLC AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this b day of Fehru 2010,
by and between BRADLEY & GUZZETTA, LLC, a Minnesota Limited Liability Company,
authorized to do business in the State of Washington, whose address is 950 Piper Jaffray Plaza, 444
Cedar Street, St. Paul, MN 55101, (hereinafter referred to as "CONSULTANT") and the CITY OF
AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the
"CITY"), as an addendum to the Agreement between the parties for as an addendum to the 2006
Agreement for Professional Services AG-G275 between the parties.
WITNESSETH:
WHEREAS, the City and the Consultant entered into the 2006 Agreement for Professional
Services AG-C-275 ("Agreement") that set out tasks the Consultant would perform for a flat monthly
fee and tasks for which the Consultant will charge the City an Hourly fee; and
WHEREAS, City and the Consultant entered into Addendum No 1. to the Agreement,
adding a new set of hourly rate tasks to the Agreement; and
WHEREAS, City and the Consultant agree that the scope of the flat monthly fee tasks should
be reduced and the fee adjusted to reflect that reduction,
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO SECTION ONE OF EXHIBIT "A" TO TI-E AGREEMENT:
That Section l, Cable Franchise Administration, of Exhibit "A," Scope of Services Telecom and
Cable, to the Agreement is amended to read as follows:
Cable Franchise Administration.
Consultant shall perform the following cable franchise administration services on a
flat fee basis as indicated in Exhibit B.
A. Report Non-Compliance. Consultant shall furnish an immediate report of any
area of non-compliance with any of the filings required by the franchise agreements.
These reports shall include, but are not limited to such areas as customer service, and
Page 1
telephone responses or other appropriate franchise requirements.
B. Customer Service. Consultant shall assume responsibility for reviewing and
promptly responding to all public inquiries regarding cable television services,
including senior and disabled discounts.
• Consultant shall make every effort to bring such inquiries or complaints to a
satisfactory conclusion by negotiations with the cable operator whenever
possible.
• Consultant shall send a written list of all complainants' names,
address/emails, and phone number, nature of the complaint, and the
resolution or action taken to the City of Auburn on a quarterly basis.
• Consultant shall copy the City on all written correspondence.
• Consultant shall assume responsibility for handling and processing all
public inquiries and requests regarding senior and disabled discounts for
cable television.
ITEM TWO REVISION TO SECTION ONE OF EXHIBIT "B" TO TI-E AGREEMENT:
That Section 1, Cable Franchise Administration, of Exhibit "B," Fee Schedule, to the Agreement is
amended to read as follows:
l. Cable Franchise Administration. Consultant shall perform the Cable
Franchise Administration tasks listed in Exhibit A(1) for a flat fee of $1250.00 per
month exclusive of costs.
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement 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.
BRADLEY & GUZZETTA, LLC
By: i~
Its: .~i
CIT OF A UR
Bv:
Peter B. Lewis, Mayor
Page 2
Attest:
BY: kj,&~
Danielle E. Daskam. City Clerk
Page 3