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.
- ,.,--.-- ._..~--_.- -.~_._--_...._----_.__.. --~.-