Loading...
HomeMy WebLinkAboutContract CAG-15-232 '� c�����i _..._..........+'�'�'t j �; f I E �,� � � �. . CONSULTANT AGREEMENT � � ��`� THIS CONSULTANT AGREEMENT ("Agreement") is made as of the�day of�.,;��,��i+�t:, 2015 (the "Effective Date") by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington (hereinafter"Renton"), and Kolke Consulting Group, Inc., (hereinafter "Consultant"), who are cotlectively referred to as the "Parties", for structural and non-structural plan review services, verifying compliance to Renton City Code requirements. Renton and Consultant,for full mutual consideration as more specifically detailed below, agree: 1. Scope of Services. The Consultant will provide professional services, including but not limited to all necessary labor and/or supervision, as specified in the attached Scope of Services (Exhibit A), attached and fully incorporated into this Agreement by reference. This Agreement is the entire agreement of the Parties and supersedes all prior oral or written representation or understandings.This Agreement may only be amended by written agreement of the Parties. The Scope of Services may be amended only as provided in this Agreement, in Section 2. "Services" shall mean professional services,work, labor and/or supervision. 2. Changes in Scope of Services. Renton, without invalidating this Agreement, may order changes in the services consisting of additions, deletions or modi�cations, and adjust the fee accordingly. Such changes in the services shall be authorized by written agreement signed by Renton and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, Consultant will not proceed without a written change order from Renton. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. Consultant shall complete performance for the items under Consultant's control in accordance with Exhibit A. If items not under Consultant's control impact the time of performance, Consultant will immediately notify Renton in writing. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the Scope of Services identified in Exhibit A, but no later than December 31, 2014. The Parties may, upon mutual written agreement, extend this Agreement to accomplish change orders. 5. Consultant Agreement Sum. Renton shali make payment for services to Consultant for completed services consistent with and as provided in the attached Scope of Services (Exhibit A), attached and fully incorporated into this Agreement by reference. Such payment shall be the full compensation for services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the services. The total amount of this Agreement is not to exceed the sum of Twenty thousand dollars and no cents ($20,000). Washington State Sales Tax is not required. Renton, in entering into this Agreement, does not guarantee that any services will be requested nor guarantees any specific dollar amount of services during the term of this Agreement. 6. Method of Payment. Payment by Renton for services rendered will be made after a voucher or invoice is submitted in the form specified by Renton. Payment will be made within thirty (30) calendar days after receipt of such voucher or invoice. Renton shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such services so that the same is satisfactory to Renton. 7. Record Maintenance and Work Product. Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. Consultant agrees to provide Renton with access to any records. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to Renton, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant Renton the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without the City of Renton's express written consent. , 9. Hold Harmless. Consultant shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, agents and volunteers, or damage to property caused by Consultant's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Renton agrees to indemnify Consultant from any claims, damages, losses, and costs, � including, but not limited to, reasonable attorney's fees, legal expenses and litigation costs, arising out of claims by third-parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Renton, Renton's employees, agents or volunteers in connection with this Consultant Agreement. 2 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 contractor and Renton, 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 herein constitute the 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. 10. 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 throughout the duration of this Agreement. b. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington,shall also be secured. d. It is agreed that on Consultant's commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. e. Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f. The Consultant shall provide Renton with written notice of any policy cancellation,within two business days of their receipt of such notice. 11. Independent Contractor. Consultant's employees, while engaged in the performance of any of Consultant's services under this Agreement, shall be considered employees of the Consultant and not employees, agents or representatives of Renton. Consultant's relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Consultant employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Consultant's employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Consultant's obligation and responsibility. I 3 12. Compliance with Laws. Consultant and Consultant's employees and volunteers shall perform the services required in this Agreement in accordance with all applicable federal, state, county and city laws, rules, regulations, and executive orders. A copy of this language must be made a part of any contractor or subcontractor agreement. 13. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,the Consultant agrees as follows: 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. 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. In the event of non-compliance by the Consultant with any of the non-discrimination provisions of the contract, Renton shall have the right, at its option,to cancel the Agreement in whole or in part. If this Agreement is canceled after part performance, Renton shall be obligated to pay the fair market value or the contract price, whichever is lower, for goods or services which have been received and accepted. 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. Renton requires all businesses and individuals doing business in Renton to have and maintain a valid City of Renton business license. (For information contact licensing at 425-430- 6851). 4 14. Other Provisions: a. Administration and Notices. Each individual executing this Agreement on behalf of Renton and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Consultant. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered persona�ly to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. This Agreement shall be administered by and any notices should be sent to: CITY OF RENTON CONSULTANT Craig Burnell Crystal Kolke Building Official President Community& Economic Development Kolke Consulting Group, Inc. 1055 South Grady Way,6`h FI 14201 SE Petrovitsky Rd,#A3-268 Renton, Washington 98057 Renton, WA 98058 b. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c. 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. d. Joint Drafting Effort. This Contract 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. e. 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. f. Severability. A determination by a court of competent jurisdiction that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Agreement,which shall remain in full force and effect. g. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. h. 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 5 all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. i. 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 shall not prevent either Renton 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. IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of Effective Date identified above. CITY OF RENTON CONSULTANT �. � � , � _. C.E. (Chip)Vincent Crysta�Kolke Administrator President Community& Economic Development Kolke Consulting Group, Inc. 1055 South Grady Way 14201 SE Petrovitsky Rd,#A3-268 Renton,Washington 98057 Renton,WA 98058 � Z � � � � � !t -l�-l5 Date � � Date '� Approved as to Legal Form Attest �G%i�L`'+'�_ Lawrence J. Warren Jason Seth Renton City Attorney Renton City Cler 1�� � -- � �_ Date Date 6 EXHIBIT A Scope of Services Kolke Consulting Group, Inc. 1. PLAN REVfEW 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. E. For completed reviews,the Consultant will indicate that the drawings , have been reviewed and found to be in substantial compliance with ' applicable construction codes and ordinances. The Consultant's name and date of compliance will be affixed to each sheet in up to two sets of drawings. The plan reviewer's signature will also be affixed to the cover sheet. 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. Scope of Services Page 2 of 4 Kolke Consulting Group, Inc. 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. 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 will be responsible for the transportation of permit review documents to the City. The City will be responsible for the transportation of permit review documents to the Consultant. 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. I. 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 -� Scope of Services Page 3 of 4 Kolke Consulting Group,Inc. resources,computer equipment, computer software, plan review resources,office supplies, etc. 5. STANDARD LUMP-SUM FEES A. Standard Fees as outlined below will govern unless specified by the City that Alternate Hourly Fees will be used for a specific project. B. The City shall pay the Consultant a lump-sum fee for performing an initial review and a maximum of one recheck for each project. The fee shall be based on a percentage of the plan review fee as tabulated below or as mutually agreed upon between the City and Consultant. I Project Type � Complete Review � Partial Review � � Single-Family Residential � 70% � NA I � Commercial, Multi-Family&Other: � � � � Valuation $50,000-$2,000,000 � 70% I 40% � I Valuation $2,000,001-$5,000,000 � 60% � 35% � , I Valuation $5,000,001-$10,000,000 I 50% I 30% I I Valuation $10,000,001 and up � 45% I 28% � C. All other review services and reviews in excess of two (the initial review plus one re-check)shall be paid on a time-and-expense basis using an hourly rate of$125. D. Small projects and projects with a valuation of less than $50,000 will be billed hourly at a minimum. E. Complete reviews will include structural and nonstructural requirements. Partial reviews will include only structural or only nonstructural requirements. For determining fees, accessibility and energy code requirements are not a determining factor in categorizing a review as either complete or partial. Tenant improvement projects shall be considered complete reviews whether or not structural modifications apply. F. For site visits or other requests made by the City in the Consultant's vehicle or to sites, including City Hall, mileage will be reimbursed at the current IRS mileage reimbursement rate plus 10 percent. G. Valuation figures used to determine the plan review fees will be calculated based on the City's Fee Resolution. The plan review fee wilt be determined by the City and submitted to the Consultant for each project for review and approval. Scope of Services Page 4 of 4 Kolke Consulting Group,Inc. H. Each billing statement will include the permit application number and owner or project name of the plans reviewed with the fee. I. Billing statements will be issued for reviews that receive a complete initial review or expenses in the preceding month or other acceptable ' time period. A complete initial review shall constitute an earned fee for both City and Consultant. 6. ALTERNATE HOURLY FEES A. When specifically desired by the City and mutually agreed upon by the Consultant,Alternate Hourly Fees shall be applied to specific projects with the following terms applicable. B. The City shall pay the Consultant on a time-and-expense basis using an hourly rate of$125. C. For site visits, in-house reviews, or other requests made by the City in the 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. E. Billing statements will be issued for reviews that receive hourly review or expenses in the preceding month or other acceptable time period.