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HomeMy WebLinkAboutCAP 2008-02-11 Item 2B - Contract Amendment - Westfield Southcenter Mall Expansion INFORl\1A TION l\1El\10 To: Community Mfairs & par~~ommittee From: Jack Pace, Director, D.C.D.,\ Date: February 4, 2008 Subject: Contract for Inspection and plan revie,'l services. ISSUE Shall the City Council adopt an amendment to the scope of ''lork, the contract time and the contract amount for services provided by Sound Inspections & Investigative Engineers, LLC. BACKGROUND Westfield is determined to complete the permit process and the construction of the Mall addition including all 90- plus tenant improvements by July of2008. The expansion of the Westfield Mall has placed a substantial increase in the work load for plan reviewers, inspectors and the permit center staff. In order to accommodate Westfield's ambitious schedule and maintain the level of service to all other Tukwila citizens and businesses, we have contracted for inspection services with Sound Inspections & Investigative Engineers, LLC. (S.I&.IE). The current contract was approved by Mayor Mullet for the amount, not to exceed $25,000. The inspection services contract is scheduled to terminate June 30, 2008 or upon reaching the payment threshold of$25,000. DISCUSSION The cost of the consultant's inspection services does not impact the general fund. The permit fees cover the cost of inspections by our consultant. In addition, Westfield has agreed to pay for all overtime inspections and has agreed to pay for overtime plan review servIces. New developments have changed the scope of our original contract. First, Westfield has asked for expedited plan review for specific tenant improvements on an overtime basis. Secondly, Westfield has extended the original opening date for the mall expansion to the end of July 2008. The result ofthese requests calls for a change in the maximum dollar amount of the contract, a change in the scope of work to include plan review services and the extension ofthe termination date to July 31,2008. RECOlVIlVIEl\T})A TION Approve the amended contract which includes plan review services, a maximum payment threshold of$65,000 and the extended termination date of July 31,2008. Forward to February 25,2008 C.O.W. with recommendation for approval Attachments: Exhibit I, Current Contract. Exhibit II, Proposed Amended Contract. 2 EXHIBIT - 1. Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Sound Inspections & Investigative Engineers. LLC , hereinafter referred to as "the Contractor", whose principal office is located at 1802 "A" Street SE. #223 PMB. Auburn Washington 98002 WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and \VHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by. this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. . Comuensation and Method of Pavment. The City shall pay the Contractor for services rend~red ac~ording to the ,.rate and me~hod set fort4 on E~ibit B att~ched hereto~d incorporated herem by thIS reference. Grn(..~x.oo;b;<:n1 -1m IJvzv.tcu /Ywtzc. .ef/cud .:(> zqow. · 4. Duration of A2reement. This Agreement shall be in full force and e feet for a period commencing November 1, 2007 and ending June 30, 2008_unless sooner terminated under the provisions hereinafter specified. 5. Indeuendent Contractor. Contractor and City agree that Contractor is an independent 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 Contractor nor any employee of Contractor shall 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor 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 act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this. Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor 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 Contractor. 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 Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. C:\DocumenIS and Sellings\Bob-B\My Documenls\Conlracl for services WLdoc kn 9/1712007 Page I of2 B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keepine: and Reportine:. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assie:nment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Ae:reement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entit)ed 10 its attorney's feEnd costs of suit., .) DATED this g'--f-V1 day of ~'U!./l/ ,2001 .7 CITY OF TUKWILA By: Sue'v-) f'v) tJ\l\~t- Title: Mayor f By: TOR: Sound Inspections & Investigative C Title: ATTEST/AUTHENTICATED: g~~& (1~ Ja{j E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: ~~~~~ Printed Name: Jack Fingold Address: 1802 "A" Street SE, #223 Auburn, W A 98002 Date approved by City Council: (Applicable if contract amount is over $25,000) EXHIBIT "A" PROJECT: Tenant Improvements for Westfield Mall expansion. Scope of services to be performed by Sound Inspections & Investigative Engineers 1. Respond to and complete scheduled inspections within 24-hours of notification. Notification of requested inspections will be transmitted to SI&IE via facsimile by 5:00 PM the day prior to the date ofthe requested inspection. 2. Perform required inspections related to building construction, mechanical, plumbing and fuel-gas piping installations. Perform a cursory walk through coordination inspection as requested by the Westfield tenant coordinator. 3. Witness acceptance testing of emergency lighting (where required), HV AC shutdown and smoke evacuation system for the atrium. 4. Submit a copy of the inspection record report to the permit holder and a copy to the Tukwila Permit Center for each inspection by close of business on the inspection date. 5. Perform inspection services after normal hours (0700 hrs - 1600 hrs) and including weekends and holidays when requested. After hour inspection requests will be coordinated through the Tukwila Permit Center. 6. Attend project coordination meetings upon request. Attendance request and scheduling will be made by the Tukwila Permit Coordinator when needed. 7. Sound Inspections & Investigative Engineers shall submit a monthly invoice for inspection services and reimbursable costs. After hour (overtime) charges to be submitted on a separate invoice. EXHIBIT "B" RECEIVED JUL2 3 2DOl _ COMMUNITY UEVElOPMENT July 20, 2007 Mr. Bob Benedicto Building Official 6300 Southcenter Blvd, #' 100 Tukwila, W A 98188 RE: Inspection Services Proposal Southcenter Mall Expansion Dear Mr. Benedicto, As requested, please fmd enclosed three (3) copies of our company Statement of Qualifications and one (1) copy of City of Tukwila Consultant Services Roster APPLICATION. Our regular rate for building, plumbing and mechanical inspections during normal work hours (0700hrs - 1600hrs) is $70.00 per hour with a two (2) HOUR MINIMUM plus normal reimbursables such as travel, mileage, administrative costs and special inspection equipment, as necessary. After normal hour inspections will be billed at 1 Y2 times our normal hourly rate with a three (3) hour minimum. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection needs. Sincerely, Jack Fingold Sound Inspec IOn & Investigative Engineers Encl; [200710871trOOI] SOUND INSPECTIONS & INVESTIGATIVE ENGINEERS, LLC 1802 "AU Street SE, #223 Auburn,VVA 98002 (206) 621-1686 . (253) 939-4988 fax EXHIBIT - II. Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional 'municipal code city hereinafter referred to as "the City", and Sound Inspections & Investigative Engineers, LLC , hereinafter referred to as "the Contractor", whose principal office is located at 1802 "A" Street SE, #223 PMB, Auburn Washington 98002 WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERA nON OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. -eompensation for services not to exceed. $65,000. 4. Duration of A2reement.' This Agreement shall be in full force and effect for a period commencing March 3, 2008 and ending July31, 2008 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent 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 Contractor nor any employee of Contractor shall 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor 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 act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor 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 Contractor. 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 Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination ofthis Agreement. C:\Documents and Settings\Bob-B\My Documents\Contract for services WI.doc kn 9/17/2007 Page 1 of2 B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution ofthis Agreement. 8. Record Keepiue and Reportine. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Aereement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subj ect matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City ofTukwila shall be sent to the following address: City Clerk, City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of ,20 CITY OF TUKWILA CONTRACTOR: Sound Inspections & Investigative Engineers, LLC By: Title: Mayor By: ATTEST/AUTHENTICATED: Title: Managing Partner Printed Name: Jack Fingold Jane E. Cantu, CMC, City Clerk Address: 1802 "A" Street SE, #223 Auburn, VV A 98002 APPROVED AS TO FORt\1: Oftice of the City Attorney By: Date approved by City Council: (Applicable if contract amount is over $25,000) EXHIBIT "A" PROJECT: Tenant Improvements for "Vestfield Mall expansion. Scope of services to be performed by Sound Inspections & Investigative Engineers 1. Respond to and complete scheduled inspections within 24-hours of notification. Notification of requested inspections will be transmitted to SI&IE via facsimile by 5 :00 PM the day prior to the date of the requested inspection. 2. Perform required inspections related to building construction, mechanical, plumbing and fuel-gas piping installations. Perform a cursory walk through coordination inspection as requested by the Westfield tenant coordinator. 3. Witness acceptance testing of emergency lighting (where required), HV AC shutdown and smoke evacuation system for the atrium. . 4. Submit a copy of the inspection record report to the permit holder and a copy to the Tukwila Permit Center for each inspection by close of business on the inspection date. 5. Perform inspection services after normal hours (0700 hrs - 1600 hrs) and including weekends and holidays when requested. After hour inspection requests will be coordinated through the Tukwila Permit Center. 6. Attend project coordination meetings upon request. Attendance request and scheduling will be made by the Tukwila Permit Coordinator when needed. 7. Sound Inspections & Investigative Engineers shall submit a monthly invoice for inspection services and reimbursable costs. After hour (overtime) charges to be submitted on a separate invoice. 8. Provide plan review services related to building, plumbing, mechanical, energy and indoor air quality code - when required. EXHIBIT "B" July 20, 2007 Mr. Bob Benedicta Building Official 6300 Southcenter Blv~ #' 100 Tukwila, WA 98188 RE: Inspection Services Proposal Southcenter Mall Expansion Dear Mr. Benedicto, As requested, please find enclosed three (3) copies of our company Statement of Qualifications and one (1) copy of City ofTukwiIa Consultant Services Roster APPLICATION. Our regular rate for building, plumbing and mechanical inspectiQns during normal work hours (0700hrs -1600hrs) is $70.00 per hour with a two (2) HOUR MINIMUM plus normal reimbursables such as travel, mileage, administrative costs and special inSpection equipment, as necessary. After normal hour inspections will be billed at 1 ~ times our normal hourly rate with a three (3) hour minimum. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection needs. Sincerely, Jack Fingold Sound Inspec Ion & Investigative Engineers End; [20071 087ltrOO 1] SOUND INSPECTIONS & INVESTIGATIVE ENGINEERS, LLC 1802 "An Street SE. #223 Auburn, VVA 98002 (206)621-1686. (253) 939-4988 fax EXHIBIT 6 ,5He:er i OF 2 February 6, 2008 Mr. Bob Benedicto Building Official 6300 Southcenter Blvd, #' 100 Tukwila, WA 98188 SENT VIA E-MAIL: bbenedicto@tukwila.wa.us RE: Inspection Services Proposal (ADDE1\1DUM) Southcenter Mall Expansion Dear Mr. Benedicto, The purpose of this correspondence is to amend our July 20,2008 proposal for professional service to include building, plumbing, mechanical, energy and indoor air quality code plan reVIew. Our regular rate for plan review for verification of compliance to all state building codes, except structural, is $70.00 per hour with a two (2) hour minimum plus normal administrative costs. Work after regular hours will be billed at 2 times our normal rate. Projects having a valuation exceeding $1,000,000 will be billed at 65% of the plan review fee collected by the city. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection and plan review needs. Sincerely, Jack Fingold Sound Inspection & Investigative Engineers [20071 0871tr003] SOUND INSPECTIONS & INVESTIGATIVE ENGINEERS, LLC 1802 "An Street SE, #223 Auburn, WA 98002 (206) 621-1686 . (253) 939-4988 fax IE'J.HI SfT 13 7if~r 2<~FZ