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AGREEMENT FOR PROFESSIONAL SERVICES
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
Shockey Brent Inc., whose address is 2716 Colby Avenue, Everett, Washington 98201,
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 will perform the services described in Attachment "A", attached and by
this reference made part of this Agreement. These Attachment "A" services are referred to herein
as the Scope of Work.
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 September 15, 2007.
The established completion time shall not be extended because of any delays attributable
to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to
the CITY, or because of unavoidable delays caused by an act. of God or governmental actions or
other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement
issued by the CITY is required to extend the established completion time.
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for services rendered under this
agreement as provided hereinafter. 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. All billings for compensation for work performed under this agreement will
list specific project titles, actual time (days and/or hours) and dates during which the work was
Agreement for Services 1 City of Auburn
Shockey/Brent, Inc Permit Process Audit
performed and the compensation shall be figured using the rates in Attachment "B", Schedule of
Charges". All above charges must be necessary for the services provided under the Agreement.
Payment shall be on a time and materials basis, approximating the amounts associated
with each task on Attachment "B". The amounts under each task may vary; however, the total
amount of the contract shall not exceed twenty five thousand dollars ($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 or
work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this Agreement. Such
authorization(s) shall be in writing, prior to the CONSULTANT expending any effort on such
services, and shall not exceed $30,000. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the Management
Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended
on such services.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings, specifications,
reports and other services performed by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or revise any errors, omissions
or other deficiencies in its plans, designs, drawings, specifications, reports and other services
required. The CONSULTANT shall perform its services to conform to generally accepted
professional and the requirements of the CITY.
Agreement for Services 2 City of Aubum
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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 indemnify and hold the CITY and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at
law or equity arising in whole or in part from the CONSULTANT' S negligence or breach of any
of its obligations under this Agreement; provided that nothing herein shall require the
CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and employees
and provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents,
officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid
and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the
CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that this Agreement may not be assigned in whole or in part without the written consent of the
CITY.
8. INSURANCE.
Agreement for Services 3 City of Auburn
Shockey/Brent, Inc Permit Process Audit
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
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 general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability arising out of the
services or responsibilities performed by or under obligation of the CONSULTANT under the
terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty
(30) days prior written notice has been given to the CITY by certified mail return receipt
requested. All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of the
execution of this Agreement. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
9. NONDISCRIMINATION.
Agreement for Services 4 City of Auburn
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s
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:
(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
Agreement for Services
Shockey/Brent, Inc
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City of Auburn
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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.
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.
Agreement for Services 6 City of Auburn
Shockey/Brent, Inc Permit Process Audit
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 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 byReid H, shockey , 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:
Agreement for Services 7 City of Auburn
shockey/Brent, Inc Permit Process Audit
City of Auburn
Attn: Steve Pilcher
25 W Main Street
Auburn WA 98001
Phone: 253.804-5034
Fax: 253.931-3053
E-mail: spilcher@ci.auburn.wa.us
Shockey Brent, Inc
Attn: Mr. Reid Shockey
2716 Colby Avenue
Everett, WA 98201
Phone: 425.258.9308
Fax: 425 259.4448
E-mail:rshockey@shockeybrent.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.
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 Services 8 City of Aubum
Shockey/Brent, Inc Permit Process Audit
CI + AU
i ~~
Peter B Lewis, Mayor
Date ~,1L 3 2007
Inc.
~. Drciu, t-~l~.,r
Address: Everett, Washington 98201
Phone (425) 258.9308
Fax # (425) 259.4448
Federal Tax ID #
ATTEST:
R
~,%2~~z
Dan' lle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
BY:
Title:
Federal Tax ID #
Agreement for Services 9 City of Aubum
Shockey/Brent, Inc Permit Process Audit
Address: 2716 Colby Avenue
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-010).
• 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 is due by January 15tH
• For grant/special funded projects there might be other special information needed, reference
the LAG manual.
ATTACHMENT A
SCOPE OF WORK
CITY OF AUBURN, WASHINGTON
PERMIT PROCESS AUDIT
PROJECT OBJECTIVE
The City requests an examination of the City's development review and permitting processes to
identify concerns and specific actions to be implemented to ensure the process is predictable,
timely, efficient, and customer friendly. The end product will be a report to be presented to the
Mayor and others at his invitation outlining specific recommended action items. This report is
intended as an internal performance audit and will not involve public outreach.
SCOPE OF WORK
Task 1. System Review
Consultant will obtain from the City certain information pertaining to current permit
processes and histories for comparison of expected vs actual approval timelines that exist in
code or policy. The City, at a minimum, will provide to the Consultant:
a. Flow charts outlining certain processes in both printed and electronic form for the
Consultant's use
b. Information on current staffing levels within the development review sections of the
various departments including:
i. Number of staff involved;
ii. At what times/events they are involved; and
iii. Professional experience/training of the staff involved.
iv. Reporting relationships
c. Development review history for 2006 and 2007 YTD, including numbers of
applications and individual application review times.
2. Consultant will organize information provided by the Client that presents a comparative
analysis of expected vs. actual approval timelines.
Task 2. City Staff Meetings
1. The consultant will meet with the Mayor to understand his objectives and desired outcomes
of the study.
2. The consultant will hold a half-day meeting with the management staff overseeing the
development review and permit process to:
a. Define audit objective;
b. Understand common complaints:
c. Understand City processes with respect to how a development application enters
and progresses through the system.
d. Define additional informational needs of the Consultant in the conduct of the audit.
Task 3. Review Existing System
1. The Consultant will analyze the information provided under Task 1 to determine key areas
where anticipated timelines are not met by reviewing departments and/or where analyses of
permit requests do not produce sufficient information to allow final permit approval. This will
include recurring situations where additional reviews are required after initial reviews are
completed.
2. The Consultant will conduct confidential interviews with selected City Staff members to
solicit opinions on: a) the causes for permit review delays; and/or, b) procedures that, when
used, produce effective and timely reviews. It is understood that this is an internal review
and that interviews with community members, developers, permit applicants, etc. are not a
part of this study.
3. The Consultant will review with selected Staff, the efficacy of the CRW permit tracking
system in terms of producing timely and effective permit reviews.
4. The consultant will attend ahalf-day meeting with the management staff overseeing the
development review and permit process to review the findings and conclusions of Tasks 1-3
and receive further input prior to development of the Preliminary Report. (Task 5).
Task 4. Examine other development review systems
1. Summarize, in general, other common development review models and explore the
following options:
a. Maintain the current system with development services staff in different departments
but place a high emphasis on interdepartmental coordination to accomplish
permitting objectives;
b. Create a separate Development Services Department (Permit Center) under which
all those involved in development services are organized/contained;
c. Create a Development Services Division within a larger Department, but also under
which all development services staff are organized/contained.
2. The Consultant will provide examples and comparative commentary of development review
process models in other comparable jurisdictions within the Puget Sound region for which
this information is readily available and obtainable and identify advantages and
disadvantages to these models.
Task 5. Preliminary Report
The Consultant will prepare a preliminary report that:
a. Describes and flow charts the current review process,
b. Contrasts Auburn's model to those of other jurisdictions;
c. Identifies common impediments to an efficient permit process including but not
limited to:
i. staffing levels, staffing expertise;
ii. complex/cumbersome codes;
iii. lack of management oversight;
iv. inefficient processes,
v. inefficient permit model;
vi. lack of adequate internal coordination,
vii. inefficient work space environment
d. Identifies the extent to which those impediments exist and contribute to the common
complaints;
e. Establishes preliminary findings and recommendations.
Agreement for Services 13 City of Auburn
Shockey/Brent, Inc Permit Process Audit
Task 6. Meetin~t with City staff
1. The consultant will present the draft Preliminary Report in advance to the Mayor and City
management staff; and will facilitate a work session at which potential improvements are
identified, discussed and prioritized.
2. The consultant will prepare a draft "mission statement" for the review process.
Task 7. Final Report -Recommendations for Improvements
1. Based on the above Task 6 meeting, the Consultant will prepare a final report with findings
and recommendations related to those items identified in Task 5, 1 C above.
2. Measures will be prioritized both in terms of anticipated process improvement and in terms
of cost to the City.
3. Both flow charts and staffing charts depicting an efficient review process will be included.
Task 8. Presentation to Mavor
The final report will be presented to the Mayor and others at his invitation.
ATTACHMENT B
PERMIT PROCESS AUDIT
SCHEDULE OF CHARGES
1. Review Existin S stem
Hours Rate Cost
Managing Principal
Associate Planner
Clerical 10
20
4 $170
$75
$50 $1,700.00
$1,500.00
$200.00
Total $3,400.00
Direct Ex enses $150.00
Task Total $3,550.00
2. Ci Staff Meetin
Hours Rate Cost
Managing Principal
Clerical 8 $170
$50 $1,360.00
Total $1,360.00
Direct Ex enses $75.00
Task Total $1,435.00
3. Review Existin S stem
Hours Rate Cost
Managing Principal
Associate Planner
Total 24
10 $170
$75 $4,080.00
$750.00
$4,830.00
Direct Ex enses $100.00
Task Total $4,930.00
4. Examine other development reviews stems
Hours Rate Cost
Managing Principal
Managing Principal
Associate Planner
Total 16
5
24 $170
$170
$75 $2,720.00
$850.00
$1,800.00
$5,370.00
Direct Ex enses
Task Total $5,370.00
5. Prelimina Report
Hours Rate Cost
Managing Principal
Associate Planner
Clerical 25
8
5 $170
$75
$50 $4,250.00
$600.00
$250.00
Total $5,100.00
Direct Ex enses
6. Meetin with Ci staff
Hours Rate Cost
Managing Principal
Associate Planner
Clerical 10 $170
$75
$50 $1,700.00
Total $1, 700.00
Direct Ex enses
Task Total $1,700.00
7. Final Re ort -Recommendations for Improvements
Hours Rate Cost
Managing Principal
Associate Planner
Clerical 8
8
5 $170
$75
$50 $1,360.00
$600.00
$250.00
Total $2,210.00
Direct Ex enses
Task Total $2,210.00
8. Presentation to u er mana ement staff
Hours Rate Cost
Managing Principal
Associate Planner
Total 4 $170
$75 $680.00
$680.00
Direct Ex enses
Task Total $680.00
Total
Hours Rate Cost
Managing Principal
Managing Principal
Associate Planner
Clerical 105
5
70
14 $170
$170
$75
$50 $17,850.00
$850.00
$5,250.00
$700.00
Total 194 $24,650.00
Direct Ex enses $325.00
Pro'ect Total $24,975.00
Agreement for Services 15 City of Aubum
Shockey/Brent, Inc Permit Process Audit