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HomeMy WebLinkAboutContract CAG-19-149 AGREEMENT FOR PLAN REVIEW SERVICES THIS AGREEMENT, dated , 2019, is by and between the City of Renton (the "City"), a Washington municipal cor oration, and Kolke Consulting Group, Inc., ("Consultant"), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the date executed by both Parties. 1. Scope of Services: Consultant agrees to provide professional services consisting of plan review services, including but not limited to all necessary labor and/or supervision, as specified in the attached Scope of Services (Exhibit A), which is attached and incorporated herein. The Scope of Services may hereinafter be referred to as the "Services." 2. Changes in Scope of Services: The City, without invalidating this Agreement, may order changes to the Services consisting of additions, deletions or modifications, the Compensation being adjusted accordingly consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Services shall be performed by no later than December 31, 2019. The Parties may, upon mutual written agreement, extend this Agreement to accomplish change orders. 4. Compensation: A. Amount. Total compensation to Consultant for Services provided pursuant to this Agreement shall not exceed $20,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Services actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Services shall remain locked at the negotiated rate(s) set forth in Exhibit A. Except as specifically provided in this Agreement, the Consultant shall be solely responsible for the payment of any taxes imposed by any jurisdiction or authority as a result of the performance and payment of this Agreement. Page 1 of 9 B. Method of Payment. On a monthly or no less than quarterly basis, the Consultant shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the Agreement requirements. C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving thirty (30) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Services. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. C. The Consultant reserves the right to terminate this Agreement with not less than sixty (60) calendar days' written notice, or in the event outstanding invoices are not paid within thirty (30) calendar days. D. If the Consultant is unavailable to perform the Services, the City may, at its option, cancel this Agreement immediately. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Services identified in this Agreement in a professional and Page 2 of 9 workmanlike manner and in accordance with all reasonable and professional standards and laws. Consultant further represents and warrants that all final work product that is created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant for which Consultant holds the title and intellectual property rights. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all such final work product. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it shall, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Services shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Services. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to publicized classes or activities. Consultant shall retain the right to designate the means of performing the Services covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. Page 3 of 9 B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, its agents, attorneys, elected officials, employees, insurers, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Consultant in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Services. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Services and maintain the business license in Page 4 of 9 good standing throughout the term of this agreement with the City. More information regarding requirement to register with the State of Washington Department of Revenue can be found on the web at: http://dor.wa.gov/content/doingbusiness/registermvbusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Services provided by a licensed professional or those Services that require a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Services. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. Page 5 of 9 minsionir 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. City of Renton: Consultant: Craig Burnell, Building Official Crystal Kolke, President 1055 South Grady Way Kolke Consulting Group, Inc. Renton, WA 98057 14201 SE Petrovitsky Rd, #A3-268 Phone: (425) 430-7290 Renton, WA 98058 cburnell@rentonwa.ogv crystal@kolke.com Fax: (425) 430-7300 Phone: (425) 255 3099 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Services or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. Page 6 of 9 D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses. C. Consultant shall furnish all tools and / or materials necessary to perform his / her Services. D. Except as otherwise provided in the Services, Consultant shall not be required to provide tools and /or materials for the participants/students in classes provided as Services. E. In the event special training, licensing, or certification is required for Consultant to provide Services he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Services, said employee / sub-contractor/ assignee will acquire and or maintain such training, licensing, or certification. F. This is a non-exclusive agreement and Consultant is free to provide his/ her Services to other entities, so long as there is no interruption or interference with the provision of Services called for in this Agreement. G. Consultant is responsible for his / her own insurance, including, but not limited to health insurance. H. Consultant is responsible for his/ her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's contract manager is Building Official. In providing Services, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for Page 7 of 9 which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Services in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County,Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Consultant's performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Assigns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and Page 8 of 9 shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON CONSULTANT . 4By:C._/�\f. By: diriarrdsilze C.E. (Chip)Vincent Crystal Kolke Administrator President D / D 1`N 4/10/19 Date Date Page 9 of 9 EXHIBIT A Scope of Services Kolke Consulting Group, Inc. 1. PLAN REVIEW A. Kolke Consulting Group, Inc. (Consultant) will review plans submitted with building permit applications for structural, nonstructural, accessibility, and energy code compliance in accordance with the currently adopted construction codes as adopted and amended by the state of Washington and City of Renton (City), except that the Consultant will confer with the Building Official or his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). B. The Consultant will not design for the applicant, make any complex structural changes on the plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of the applicant or design professional. All notes and details must be on the approved permit set of plans. C. Reviews shall be done by the Consultant or an approved representative or outside consultant. The name of the reviewer or outside consultant shall be submitted to the City upon request. D. If corrections or additions are required, the Consultant will itemize such corrections and forward them to the contact person at the City or as agreed upon. 2. IN-HOUSE REVIEWS A. From time to time,the Consultant may conduct limited in-house reviews as mutually agreed upon. 3. OTHER PROFESSIONAL SERVICES A. Consultant is available for additional professional services as desired by the City and mutually agreed upon to include, but not limited to, site visits, staff meeting, council meetings, training, code consulting, code research, etc. 4. PROCESS A. The City will determine which plans are to be reviewed by the Consultant. B. The City will intake, track and process the permit applications and all revisions per current building and permit administration procedures. -41 Scope of Services Page 2 of 3 Kolke Consulting Group,Inc. C. The City shall indicate what type of review applies to each project submitted to the Consultant (structural, nonstructural, accessibility, and/or energy). D. Accessibility requirements will automatically be included in nonstructural reviews, where these requirements are applicable. E. The Consultant, or any sub consultant, shall use Bluebeam Revu software for electronic plan review. Plans may be marked up using the software and/or itemized correction letter in PDF document format. F. The Consultant will complete the initial review and will have either approved the application and notified the City of approval or issued corrections to the City within the approximate time frames listed below: Project Type Initial Review Re-Review Single-Family 10 days (2 weeks) 5 days (1 week) Multi-Family 15 days (3 weeks) 10 days (2 weeks) Commercial 20 days (4 weeks) 15 days (3 weeks) Turn-around times for all other types of permit applications or special projects are to be negotiated. G. The Consultant will review any revisions or additional information and will either indicate compliance with the code(s) against which it was checked and notify the City of compliance, or if the drawings are still not complete, contact the City with additional revision requests within the time frames specified above. H. The review time may be negotiated based on the number and complexity of projects to be reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control. During heavy workloads or schedule delays, the Consultant shall notify the City of revisions to estimated target dates. In-house services are services provided by Consultant at city hall. For in- house services, City is to provide the necessary supplies and equipment to perform such services including, but not limited to: codes, code resources, computer equipment, computer software, plan review resources, office supplies, etc. Scope of Services Page 3 of 3 Kolke Consulting Group, Inc. 5. FEES A. The City shall pay the Consultant on a time-and-expense basis using an hourly rate of$150. B. Plumbing and Mechanical reviews may be performed by a sub consultant or employee when requested by the City and billed at an hourly rate of $145/hour. C. For site visits, in-house reviews, or other requests made by the City requiring use of Consultant's vehicle to City Hall or other locations, mileage will be reimbursed at the current IRS mileage reimbursement rate plus 10 percent. D. Each billing statement will include the permit application number and owner or project name of the plans reviewed with the fee.