Loading...
HomeMy WebLinkAboutUtilities 2007-05-08 Item 3A - Agreement - Building Seismic Hazard Screening with Reid Middleton Attachment III.A. INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ May 2, 2007 Buildin2 Seismic Hazard Screenin2 Study Consultant Agreement ISSUE Consultant agreement to screen nine City facilities for seismic-related issues. These facilities include: Fire Station Nos. 51-54, City Hall, 6300 Building, Minkler Shops, George Long Shops, and the Tukwila Community Center. BACKGROUND Requests for Qualifications were solicited through the Seattle Times and the Daily Journal of Commerce on March 1 and 8, 2007. Initially, these five firms showed interest: Berger-Abam, BHC Consultants LLC, Geoengineers Inc, ABKJ (Andersen, Bjornstad, Kane & Jacobs), and Reid Middleton. Of the five, only Reid Middleton provided the City with their Statement of Qualifications, the other four chose not to respond. Reid Middleton was selected to perform the seismic hazard screening services associated with this project. Reid Middleton is a respected firm in the area of seismic evaluations. They have recently conducted seismic screening and redesign services for the U.S. Navy medical facilities in Bremerton, Grays Harbor County Courthouse, and SeaTac Airport, to mention a few. ANALYSIS The facilities listed above are in need of seismic hazard screening evaluations in order to determine if retrofitting is necessary. This project will assess the current structural conditions of the facilities and determine what may need to be done to improve these facilities. The Consultant Agreement for $19,092.00 is attached along with the Scope of Services and Fee, Exhibits A and B respectively. RECOMMENDATION Information only as the agreement is under $25,000. RP:ad attachments (p:Projects\A- BG Projects\03BG04 Seismic Screening City Facililies\Seismic Screening, Reid Middleton info memo) I CONSULTANT AGREEMENT FOR SEISMIC HAZARD SCREENING SERVICES TillS AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and Reid Middleton, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Seismic Hazard Screening services in connection with the project titled City of Tukwila Seismic Screenings. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $19,092.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after fmal payments. Copies shall be made available upon request. 2. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregate. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 23 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party . l/- 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Reid Middleton 728 l43th Street SW Suite 200 Everett, W A. 98204 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 1st day of May, 2007. CITY OF TUKWILA CONSULTANT By: Steven M. Mullet, Mayor Printed Name: Q~O .. ~~ Title: ~~f'1I&t-. Attest! Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office ofthe City Attorney 45 EXHIBIT A Scope of Services Reid Middleton will provide the following services: 1. Conduct site visits to each of the facilities listed in Item 2 in order to gather information required for the seismic screenings. The City of Tukwila (the City) will coordinate access to each ofthe sites with the building occupants. 2. Complete FEMA 154 Screening Checklists for each of the facilities listed below: Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 Public Works Engineering (called the 6300 Bldg.) 6300 Southcenter Boulevard Tukwila, WA 98188 Tukwila Community Center 12424 42nd Avenue South Tukwila, W A 98168 George Long Shops 14000 Interurban Avenue South Tukwila, W A 98168 Minkler Shops 600 Minkler Boulevard Tukwila, W A 98188 Fire Station 51 444 Andover Park East Tukwila, W A 98188 Fire Station 52 5900 South 147th Street Tukwila, WA 98188 Fire Station 53 4202 South 115th Street Tukwila, WA 98168 6 Fire Station 54 4237 South 144th Street Tukwila, W A 98188 3. Complete ASCE 31-03 Tier 1 building seismic evaluations of the facilities listed below. We understand that these buildings are essential facilities and therefore will be checked for Immediate Occupancy criteria as defined by ASCE 31-03. ASCE 31-03 is a nationally recognized standard for seismic evaluation of existing buildings. Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 Public Works Engineering (called the 6300 Bldg.) 6300 Southcenter Boulevard Tukwila, WA 98188 Fire Station 51 444 Andover Park East Tukwila, WA 98188 Fire Station 52 5900 South 147th Street Tukwila, W A 98188 Fire Station 53 4202 South 115th Street Tukwila, W A 98168 Fire Station 54 4237 South 144th Street Tukwila, WA 98188 4. Prepare a report summarizing the findings of the FEMA 154 Checklists and the ASCE 31-03 evaluations for the buildings listed above in Items 2 and 3. A Draft Report will be submitted to the City for review and comment, followed by a Final Report. Four copies ofthe report will be furnished at each submittal. In addition, one electronic copy of the Final Report will be provided. In conjunction with the submittal of the Draft and Final Reports, Reid Middleton will attend a meeting to present our findings and recommendations to the City. 5. Additional, detailed seismic evaluation of one or more ofthe buildings listed in Item 2 above may be warranted based on the findings ofthe FEMA 154 Screenings and ASCE 31-03 Tier I Evaluations noted above. Detailed seismic evaluations of these facilities may be conducted as requested by the City. At the City's request, an 7 8 additional scope and fee proposal for this additional evaluation task will be submitted for review and approval. 6. Seismic rehabilitation design for one or more of the buildings listed in Item 2 above may be warranted based on the findings of the FEMA 154 Screenings, ASCE 31-03 Tier I Evaluations, or the findings of an additional, detailed seismic evaluation. Seismic rehabilitation design for these facilities may be conducted as requested by the City. At the City's request, an additional scope and fee proposal for this rehabilitation design task will be submitted for review and approval. 7. Additional tasks as determined by the City. At the City's request, additional scope and fee proposals for these tasks will be submitted for review and approval. Reid iddleton 728 134th Street SW PROJECT: City of Tukwila Seismic Screenings Everett. WA 98204 CLIENT: City of Tukwila (425) 741 PROJ. NO: 262007.913.013 (425) 74 Typical Project team Role: PP PP /PM PP /PM PP /PM PM /DE PM /DE PM /DE PD PO Drafter Specs PA WP Task No. 001 00101 00102 00103 002 00201 00202 00203 00204 1 0205 00206 00207 00208 00209 003 00301 00302 00303 00304 00305 00306 00307 00308 00309 Description Project Mgmt. Project Mgmt. QA/QC Meetings SUOtoitar.Taii1(0,04• 0 Site Visits Tukwila City Hall Public Works Engineering Tukwila Community Center George Long Shops Minkler Shops Fire Station 51 Fire Station 52 Fire Station 53 Fire Station 54 Stibtafals 00,8"00.2 is 0 Fema 154 Screening Tukwila City Hall Public Works Engineering Tukwila Community Center George Long Shops Minkler Shops Fire Station 51 Fire Station 52 Fire Station 53 Fire Station 54 Subtatal•Task 003' 004 ASCE 31 Tier 1 EvallChecklists 00401 Tukwila City Hall 004021Public Works Engineering 004031 Fire Station 51 004041Fire Station 52 004051Fire Station 53 D04061Fire Station 54 I (Subtotal: Task 004 1 1 00S Report I 005011Front End 005021 Conclusions 005031Graphics I� Estimate of Professional Services Sr Sr Sr Engine Engine Project Project Project Design Enginee Design Sr Tech Principal Principal r r Eng Eng Eng Eng r r Writer Hourly Rater $235 1 $195 1 $150 1 $138 1 $122 1 $122 1 $110 1 $100 1 $80 1 $100 1 $100 FR, PRB, HCT DOS BCM PNC LKL LKL BAM,CMH RLL SRK GLV I VLF DLS 2 2 4 0 •0 4 2 0. SOP; •0 4 4 4 2 2 1 1 1 1 1 2 2 2 2 1", 8 2 8 2 8 2 8._-. 2 8 8 2 1 1 1 1 1 1 1 1 1 1 48' 1 .12',1' 0 1 0 10 4 6 4 2 1 4 1 1 6 I I BY: CMH DATE: 5/1/2007 FILE: hldoclformslblanks \FeeEstShart.xls_ Revised 717/04cjg Total'; Total oa Technicia Labor Labork 2 o PA n hours Earnings Computer 12 $80 1 $60 I hrs $12 1 cost MT 1 I r,8'' 830. 1 0 6 0 ,8^ 11 1,220,' f 0 2,880 0 '0 I0 1 3 358. 0 1 3. a 368,' 0 1 2 248 1 0 1 2 248'• 0 '2 I` 248' 0 3, '858 0 1 3 4,:$$$ 0 1, 3' 358 _I 0 1 3 368,: I 0 0 1 24 2892 _0 0 roI I 1 1 210 0 1 2 1 210 0 I 2 I" 210 0 2;;, 1210 0 2:.;,. ;,210 0 1.'- "2 ,210. 0 2 e i° -'210 0 2 21011,. 0 2.,. sr.I210 18;,a' 0 1 18 1,890 0 0 03CI 830 0 h':1;',220 2,880 ivumoer of Trips Labor and Relmb Mtgs ,358 248 0 248 0 243 0 0 2,892 0 ;210 0 0, 210 0 1,890 1 40 1,080 0 0 1,08'0 10 1 08.0. 0 (1 9;080 •10', 1 08 0 0 16,080 40.' :11 080-',, 0 0 1',080 10, 1(080, I` I 0 0 11;080 1:680' 0 ^0 60 6,480, IT 0;, 6;480 24; 2,804'" __1 0 0 2,000 8 1,030' 0 0 1 10 1,040 P 0 0 1,0 40 Reid iddleton 728 134th Street SW Everett, WA 98204 (425) 741-3800 Task No. Estimate of Professional Services PROJECT: CLIENT: PROJ. NO: (425)74 Typical Project team Role: PP PP /PM PP /PM PP /PM PM /DE PM /DE PM /DE PD PD Drafter Specs PA WP Sr Sr Sr Engine Enginee Project Project Project Design Engine Designe Sr Tech Principal Principal r r Eng Eng Eng Eng r r Writer PA Hourly Rater $235 1 $195 1 $150 1 $138 1 $122 1 $122 1 $110 1 $100 1 $80 1 $100 1 $100 1 $80 Description I HCT $ubtgtal Task!005 DBS SubTotal Cost 0 2,730 Percent of Total Hours 0% 9% Assumptions !Project Duration City of Tukwila Seismic Screenings City of Tukwila 262007.913.013 BCM 0 1,242 0% 5% 1 Wks FR, PRB, I PNC LKL 1 LKL BAM,CMH 0 0 11,220 2,700 0% 0% 62% 16% Avg W kh ###1 RLL I SRK I GLV VLF I DLS I I 6,, ,�;a 0, 12. rl =6 TOTAL HOURS 0 14 0 9 0 0 102 27 0 0 12 0 0 0 1,200 0 0% 0% 7% 0% 1 BY: CMH DATE: 5/1/2007 FILE: hldoclformslblanks \FeeEstShort.xis_ Revised 717 /04cjg Total. Total,;;,, Technicia Labor labor;' n he fir; Earnn Computer MT 0 $60 I a� hrs $12 1 1 4,950, 0 I I 1 �I 164 19',092,', 0 0 13092! 0 /u Hours and rates shown are for estimating purposes only. The actual number of hours charged to the project and personnel used may vary. Hours worked will be billed using the rates, personnel categories, and terms identified in Exhibit A. 0 0 0 0 tll rn cost 1 '15 Inflation Factor of Work after July 1 Inflation Adj. on Labor and Exp. Contingency /Rounding tvumoer of Trips Labor and Reimb Mtgs 19,0$2 4% 0% 0 0 TOTAL 19,092 4,950