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HomeMy WebLinkAboutEagle Eye Consult Eng AG-C-197 2004 AGREEMENT FOR BUILDING PLAN CHECK REVIEW PROFESSIONAL SERVICES AG-C-197 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, Eagle Eye Consulting Engineers, a sole proprietor wh()se address is PO Box 523 Olalla WA 98359, hereinafter referred to as "CONSULTANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCQPE 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 December 31,2004. 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 b)' 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. COMPENMTION. The total amount of the Agreement is not to exceed $24,000.00. Paid per rates are attached in the fee schedule as shown on Exhibit 8, which is attached and by this reference made part 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 -------------------------------------------.. Aorewnent for Prof....lanal Services AG-C-197 January 12. 2004 Page 1 al10 - ~. - --.-.-.---.- - CONSULTANT plus 10%. Exhibit C is attached hereto and by reference made a part of this Agreement. These charges may include, but are not limited to the following items: reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listin'g 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. 4. RESPONSIBILITY OF CONSYL TANT. 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, delligns, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional engineeling 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, l~pproval or acceptance of, nor payment for, any of the services shall be construed to operate as a --------------------------------------------- Agreement for Proressional Services AG-C-197 January 12.2004 Page 2 000 - ----"--~._-_..- -_.__._------_....._~- 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. 5. INDEMNIFICA TION/HQLD HAR.MLES~. The CONSULTANT shall indemnify and hold the CITY and its officel:S and employees harmless from and shall process and defend at its own expensEI 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, offioBrs 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. 6. INDEPENDI;NT CONTRACTORlAS31~N...MENT. 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. --------------------------------------------- Aorewnent for Professlanal Services AG-C-197 January 12. 2004 Page 3 of 10 - -------.---.--,-~--,-~.---.- -- -- - -__._._._.._______m~_ 7. INSURANCE. CONSUL T ANT 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 tel the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The 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 CONSUL TAt~T'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 from an insurance company authorized to do business in the State of --------------------------------------------- Ajp-eement fur Prores.ional Services AG-C-197 Jamuuy 12, 2004 Page 4 000 - _ __n_m___ _______ __ __'n__._._____.._._.m_.____._._,.._.__.._______._____~ 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. 8. NQNDI~CRlMINATION. 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. 9. OWNeR$I-IlP OF RECORDS AND DOCUMENT~. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries alnd such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this A.greement 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 andl 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 CONSUL rANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, --------------------------------------------- Agreement for Prolesslanal Services AG-c-197 January 12. 2004 Page 5 c:l10 --------~-_..._--_....- --------_.._._._-_._---~.._._._--".- and items specified in this Section and information compiled in providing SElrvices to the CITY under the terms of this Agreement. 10. Ce.:RTIFICATIOt4 REGARDING DEBARMENT. SUSPENSION. AND OTHER RE~PONSIBILITY MATTERS-PRIMARY COVERED TRA~SACTIONS. 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 allY 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 obtaill, 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 destructioln 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)" ofthis certification; and (d) Have not within a three-year period preceding this application/pmposal 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 Prores.ional Services AG-C-197 January 12. 2004 Page 6 of! 0 - -.....------- ._...._..___._____....__n______..... - 11. 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 pliid 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 direclted 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. 12. GENERAL PROVISION~. 12.1. 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. 12.2. 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 ()bligations herein. 12.3. In the event that any dispute or conflict arises between the par1ies while this Agreement is in effect, the CONSUL T ANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to --------------------------------------------- ~t for Profeaslanal Services AG-C-197 January 12. 2004 Page 7 of 10 - ___n____ ._-_._-~---- cooperate and continue work toward successful completion of assigned duties and responsibilities. 12.4. 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. 12.5. 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. 12.6. 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. 12.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performanca as of the date of this Agreement. 12.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 12.9. This Agreement shall be administered by Hoyt Jeter, on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of thl~ CITY. Any written notices required by the terms of this Agreement shall be served on Clr mailed to the following addresses: City of Auburn Eagle Eye Consulting Engineers Attn: Jeff Weir, Building Division Manager Attn: Hoyt Jeter, P.E. 25 W Main Street PO Box 523 Auburn WA 98001 Olalla WA 98359 Phone: 253.804.3121 Phone: 253.857.493~9 Fax: 253.931.3053 Cell Phone: 206.356.7790 E-mail: jweir@ci.auburn.wa.us E-mail: hoytjeter@centurytel.net -----------------------------------------.--- Agreement fot Professional Services AG-C-197 Januaty 12, 2004 Page 8 of 10 - __ ____~__ _.._________.____m_________ _ _ __ __ --------- 12.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or depol~ited in the United States mail, postage prepaid. Any such delivery shall be deemed tel have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 12.9, 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 ofthe Agreement. 12.11. 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 ,)ther party. -------------.---------.-----------------.--. AgreM18nl for Prcfesslanal Services AG-C-197 Januory 12. 2004 Page 9 al10 - -'-'-~----_._---------._-.._,~-~--_.__._-_._._-. -----.--- C~URN G? -:'" , Peter 8 Lewis, Mayor Date \\~, \o'f ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ EAGLE EYE CONSULTING ENGINEERS By ,~/ j- Title: Owner Federal Tax 10 #: UBI #: H:\CONSUL T ANT\AGREEMENTSI2004IAGC197 AGREEMENT. DOC --------------------------------------------- Agreement fur Professional Services AG-C-197 January 12. 2004 Page 10 oflO - ,. -~.__._---,_.._~-------- ------_._.,.._.._~ - -._-~.._-- ._~- EXHIBIT A SCOPE OF WORK 1) Description of Work: When requested by The City, Consultant shall perform services in accordance with the terms and conditions of this agreement. Full Plan Review: Upon request by the City, the Consultant shall review all contract documents which consist of plans, specifications and Engin4gering data to determine whether the items comply with all applicable ordinance and state building code (WAC 51--40). In addition, all local codes and regulation nequired by the city. The Consultant shall issue a formal written document for each set of plans reviewed. The Consultant shall provide maximum of two recheck without additional fees. Partial Plan review: Upon request by the City, the Consultant shall neview partial elements of contract documents which consist of plans, specifications and Engineering data to determine whether the items comply with all applicable ordinance and state building code (WAC 51--40). In addition, all local codes and regulation required by the city. The definition of partial plan review shall apply to the following items. A. Structural review of the documents B. Architectural review of the documents (Ordinance and Barrier Free) C. Energy review of the documents D. Barrier Free accessibility review of the documents The Consultant shall provide maximum of two recheck without additional fees. Additional Review's: The Consultant shall perform additional reviews beyond 2 recheck when authorized by the City. Compensation for subsequent rechecks shall be at an hourly rate of $86 per hour. Miscellaneous Enaineer: Upon request of the city the Consultant shall provide miscellaneous engineering services. Compensation shall be an hourly r;ate of $86 per hour. Insoection: Upon request by the City, the Consultant shall inspect all structures as defined by the permitted documents. Compensation shall be an hourly rate of $85 per hour plus mileages at rate determine by the state of Washington at time of service. Page 1 of2 - .- ------------ .__.~------- -...---....- TURN AROUND SCHEDULE FOR PLAN REVIEW Sinale Family First Review 7 Working Days ~ Recheck Reviews 6 Working Days Commercial. Industrial and Multi-Familv Under 5 million in Valuation First Review 16 Working Days 3 Recheck Reviews 10 Working Days Commercial. Industrial and Multi-Familx Over 5 million in Valuation First Review 20 Working Days 3 Recheck Reviews 16 Working Days Non-performance Penalty: Automatic 2% reductions in fee penalty if the above schedules are not met do to the consultant's fault. Page 2 of2 - - --".---'~~--_._-_.--._----'"-- -------..-- EXHIBIT B BUILDING CODE REVIEW FEE STRUCTVRE CommerciallMulti-Family Non-Structural Fire/Life Safety and Structural review only: Valuation of Construction Eagle Eye Consulting Hourly rate Plan Review Fee 1 (_ (Review in Excess elf 2) Bulkllng ~..... ow_ ..., To $500,000 80% $85 1--- To $2.500,000 75% $85 To 5,000.000 65% $85 CommerciallMulti-Family Non-Structural Fire/Life Safety !ll Structural review only Valuation of Construction Eagle Eye Consulting Hourly rate Plan Review Fee 1 (%of (Review in Excess of Building ~ PIlon ow_ 2)Hourly rate "'1 To $500,000 75% $85 To $2.500,000 65% $85 To 5 000,000 55% $85 Single family, Full Review Eagle Eye Consulting Plan Review Hourly rate (Review in Excess of 2) Fee 1 (% of Building Depmment """"It F_l 50% $85 1. Building Permit with Options under Same Permit Number no additional fee to be charged. Page 1 of 1 - ------- ----.--.. - EXHIBIT C DI~ECT NON-~ALARY REIMBURSABLE EXPENS~S . Reproduction Fees . Communication Fees . Mileage at $0.375/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 shall 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 olverhead expense associated with the Subcontract. Page 1 ofl - . - -----------.--.--"-.-,--.--- .,,---..------- ----~---_._-,- CON~Ur.. TANT INVOI~EI 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. . Intemal invoice number and/or sequential numeric number (i.e.: progress payment # 10). . Invoice date. . Period of time invoice covers. . Consultant Agreement # (i.e.: AG-G-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, spreadshE.et detailing timesheets, or some other form of proof) along with type of work done (i.e.: dElsign, 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 n()n-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 ba,:kup 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 contrac:t 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 !~et 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. - - -.- ______..______ --_.__..._--_..._--P..._._~-_.._-- SAMPLE INVOICE City of Aubum Invoice #: 5222 25 West Main Progress Payment #: 2 Aubum WA 98001 Invoice Date: February 110, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-Q10 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourlv Rate Amount Mike Jones, Principal in Charge 1 $125.00 $125.00 Carla Maker, Architect 5 $ 72.00 $144.00 Joe Smith. Word Processina 10 $ 48.00 $480.00 Consultant Personnel Sub Total: $749.00 Excenses (see attached documentationlCharaes Multiplier Total Mileage ($0.345/mile): 20 miles xU $ 7.59 Communications: $30.00 x 1.1 $33.00 Printina: $29.00 xU $31.90 Consultant Expenses Sub Total: $72.49 Consultant Total: ~:S2U9 SUB CONSULTANTS Subconsultant (see attached documentationl Hours Hourlv Rate Amount ABC ENVIRONMENTAL, INC., Civil Engineer 10 $100.00 $1,000.00 ELECTRICAL CONSULTING, Electrical Engineer 5 $100.00 $ 500.00 MECHANICAL SOLUTIONS, Mechanical Engineer 10 $100.00 $1,000.00 MRF' MOVING COMPANY. Movino Consultant 2 $100.00 $ 1oo.0Q Subconsultant Sub Total: $2,600.00 x 1.1 Multiplier: $ 260.00 Subconsultant Total: $2,BBO.0l) _.._._.______.___._n_____.._._______n_.._.____.._.._______._____._._.._..___.___._.._.._..________._.._..__.____._____.._.._.._._______.._.._..__________.___._________ -..-.-..-..--..-..-..-.-..-..-..-..-..-..-.......--!~!~I:.~.~~.!~..~~.~~~~~._.._.._.._.._..._...._.._.._......~~!l!~_~.:~~~...._._.._.._....._..__ 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% $l,SOO.OO TOTAL $24,600.00 $1,026.00 $3,681.49 $4,70U8 $19,793.61 ~ MRF=Management Reserve Fund . R_lvecl a written authorization of MRF on 1/10/01 for MechanIcal Engineer task In th. amount of $2,000.00. - ,.,--.-- ._..~--_.- -.~_._--_...._----_.__.. --~.-