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HomeMy WebLinkAboutCAP 2016-10-10 Item 2E - Agreement - 2017-2018 Structural Plan Review with Reid MiddletonTO: FROM: BY: CC; DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor ISSUE Should council Middleton Inc. new contract 12/31/2016. Community Affairs and Parks Jack Pace, Director of the Department of Community Development Jerry E Hight, Building Official Mayor Ekberg October 10, 2016 Contract with Reid Middleton Inc. for structural plan review services approve a contract to continue current structural plan review services with Reid with a not to exceed amount of $200,000.00 through the 2017/2018 budget. A is needed because the current contract with Reid Middleton Inc. expires on BACKGROUND Due to the increase in ongoing permit activity and larger projects such as Washington Place, Tukwila School district projects, Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to continue to have an outside structural review service. DISCUSSION The current Building Division staff does not have the expertise to review structural engineering calculations or plans. The Building Division has previously contracted our structural plan reviews successfully with Reid Middleton Inc. FINANCIAL IMPACT $200,000.00 for professional service until the end of the 2017/2018 budget. As permits for construction increases so does the amount of fees collected and paid for outside structural plan review. The 2017/2018 budget will reflect the consultant's structural review cost increase as well as the increase in structural plan review permit revenue. RECOMMENDATION Staff recommends the contract for Reid Middleton Inc. structural plan review services be placed on the October 17, 2016 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for Reid Middleton Inc. structural plan review services. We, 20 City of Tukwila O� 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and b8tNx3eD the City of Tukwila, VV88hiOgk}O, 8 OOD-Ch@rt9[ optional municipal code city hereinafter referred [oaa"the City," and Reid Middleton Inc., hereinafter referred to as "the C8Dtn3CtOr." vvh0ae principal office is |OC8t8d at 728 134th Street SW, Suite 200 Evereft, WA 98204 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 k}have the Contractor perform such services pursuant tu certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall p8dhnn those services described On Exhibit A attached hereto and incorporated herein by this reference GSif fully set forth. In p8dn0OiDg such services, the Contractor shall at all UOUgS comply with all Fede[8|. State, and local statutes, rules and ordinances applicable to the performance of such services and the handling Of any funds used in COODH[tiUD therewith. The Contractor shall request and Oht@iD 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 ahoU pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein bvthis reference. The total amount to be paid shall not exceed $200,000.00. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth iO this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 2, 2017, d ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contrado 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. CA Revised 2Ul2 Page l of @. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Itisfurther specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this iDdeDlDifiC@UOD. This vv@iv8[ has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7' Insurance. The Contractor Sh8U procure and maintain for the duration of the Agreement, insurance against claims for injuries b}p8nSODSO[dG08gHk}p[0pHdvwhiCh0@V8hS8hO0Ori000ODeCdVDwith the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of inounonma, its scope of coverage and limits 88 required h8[8iD 8h@|| not be COOStrU8d t0 limit the liability of the Contractor to the COve[8g8 provided by such iDSU[@OCe. or otherwise limit the City's recourse to any remedy available at |@vv or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1 Automobile Liability iDSun@DDe with 8 DliOinlUFn CO[DbiDHd single limit for bodily injury and property damage of $1,000,000 per accident. AU0D0Obi|8 liability iDSu[8DC8 Sh8U cover all owned, nOO-0vvD8d, hired and leased vehicles. Coverage shall b8 written 0O Insurance Services Office (|S(]) fO[OQ CA 00 01 or 8 SUbSUtUt8 fO[Ol providing eqUiV3|8OL liability COV8[8ge. If necessary, the policy shall b8 endorsed iO provide contractual liability coverage. 2. Commercial General Liability iDSUr8DC8 with |i0dS DO |8S3 than $1,000,000 each OCCUrr8DC8, $2'000.000 g8D8r@| aggregate and $2'000.000 prod UCtS-000p|e[8d operations aggregate limit. Commercial General Liability insurance shall b8 written UO ISO occurrence form CG O001 and Sh@|| cover liability arising from pF8mi88S. Op8[@U0OS' independent contractors, p[DdUCtS-00Dlp|eted Op8[8tiODS. stop gap liability, pe[SOO8| injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability iDSur@DC8 Sh@|| be endorsed to provide the Aggregate Per Project Endorsement |8O form CG 25 03 11 85 or an equivalent eOdO[SR08D1 There shall b8DO endorsement Or modification Of the Commercial G8D8[@| Liability Insurance for liability arising from 8xp|USi0D, CO||8pSe or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability inSU[aOC8 policy with respect to the vvOrh performed for the City using |8C) Additional |DSUn3d eDdO[S8rD8O[ CG 20 10 10 01 and Additional |OSU[8d-00OQp|eted C)pe[@ti0OS endorsement CG2O371O810r substitute endorsements providing equivalent coverage. 3. Workers' coverage asrequired by the Industrial Insurance laws of the State OfWashington. B. Other Insurance Provision' The Contractor's Automobile Liability and Commercial General Liability iDSU[8ODe pO|iCi8G are to COOC3iO, or be 8Dd0nSed to 0ODt8iD that they Sh8|| be primary iDSUn8OC8 with respect to the City. Any iDSU[GDCe' Se|f-iDSUn8nC8' or iOSU[8DCe p0O| CDVe[8ge maintained by the City Sh8|| be 8XC8SS of the Contractor's iDSU[@ODe and shall not CDOt[ibUt8 with C. Acceptability of Insurers. Insurance is to be placed with insurers with a ourrent&M. Best rating of not less than A: VI I. CA Revised 1-2013 Page 2 of 4 O. Verification of Coverage. Contractor shall furnish the City with original certificates and o copy Of the 8[DeDd@tO[y 8OU0[SeOOHOiS, |OC|ud|Dg but not D8CeSS8ri|V limited to the 8ddib0D8( insured 8DdOnSeDleDt. 8Vid8DCiDg the iDSU[8DD8 requirements of the COOt[@CtO[ before COOD[OeDDeOOeDt of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits [8qUired, if any, to be obtained by SUbCOOtraCtVnS, which determination Sh8U be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required Sh8U constitute @ Dl8t8h8| breach of contract, UpOR which the City may, after giving five bUSiO88S days DOtiC8 to the Contractor to correct the breach, immediately terminate the CODt[8Ct or, Gt its discretion, procure O[ renew such insurance and pay any and all premiums iDconnection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City' offset against funds due the Contractor from the City. 8' Record Keeping and Reporting. A. The Contractor shall Dl8iDt8iD 8CC0UDtS and [8COndS' including pe[SODOe|, property, fiD8DCi8| and p[Og[@[ODl@UC records which sufficiently and properly reflect all direct and indirect COStS Of any O8tUPe expended and SBrViDeS performed in the perfO[nO@OCB of this /\OPe8OO8Ot and {the[ such records @S may b8 deemed necessary bV the City tO ensure the performance Of this Agreement. B. These records shall be maintained for a period of seven 0 years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 48.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all nnaibero covered by this Agreement shall bH subject @t all times k} inspection, review 0[ audit by law during the performance 0f this Agreement. 10. Termination. This 4or88noHrt may @t any time be terminated g to the Contractor thirty /30\ days written notice of the Cintention tn terminate the SGrne. F8i|UnB [0 provide products on schedule may U|t in contract termination. If the CODLn8CLO['S iDSUF@OC8 COV8[8ge is C8Dce|8d for any reason, the City Sh@|| have the right tOterminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed byb under this Ao[e8D1eDt' will not discriminate OD the gn]UDdS of race, ne|iQiOO. C[e8d' CO|O[, O8bOO8| 0hQiD, 8g8, V8t8[@O St8tUG' Sgx' SeXU8| O[ieOt8U0D' gender id9DUtV. Ol3[itG| St8[US' pO|idC8| affiliation or the presence Of any disability iD the selection and retention Of employees O[ procurement Ofmaterials or supplies. 12. Assignment and Subcontract. The Contractor ohoU not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. This Agreement, together with attachments Or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior D8gOti@UODS, representations, 0[ agreements VV[itteO or oral. No amendment Ormodification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any henn. condition Or provision of this AorH8nl8ni in declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions CA Revised 1-2013 Page 3of4 hereof and all other provisions shall remain fully enforceable. The provisions Df this Agreement, which by their S8DSg and context are [eGSOO8Ny intended to survive the CODlp|8dOD' 8Xpi[@UOD or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City OfTukwila G20OGouthcent8rBlvd. Tukwila, Washington S81H8 Notices tVthe Contractor shall b8 sent tO the address provided bythe Contractor upon the signature line below. 16. This Agreement shall be governed by and construed in 8CCOrd8OC8 with the /aVvG of the State of Washington. In the eV8Oi any suit, arbitration, Or other proceeding iS instituted 0D enforce any term Of this Agreement, the parties specifically understand and agree that venue shall bH properly laid iD King County, Washington. The prevailing party iO any such action shall be entitled t0 its attorney's fees and costs 0fsuit. DATED thia _----- dnvof 20 CITY OF TUKWILA CONTRACTOR Mayor, Allan Ekberg City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 1-2013 David B. Swanson, Principle Reid Middleton 728l34t6 Street SW, Suite 200 WA 98204 425-741-3800 Page 4of4 EXHIBIT A SCOPE OF WORK The objective of this Agreement is to provide structural code compliance plan review (plan review) for proposed new and remodeled buildings within the City of Tukwila (the City) as specifically requested in writing by the Building Official or his designee. The consultant shall perform services and provide necessary equipment, materials and professionally trained, licensed, and experienced personnel to accomplish the plan review as outlined below. 1. On behalf of the Department of Community Development - Building Division, the consultant will perforrn structural plan review to establish compliance with the structural provisions of the International Building Code as amended by the State and as adopted by the City of Tukwila. 2. During the plan review process, the Consultant may contact the permit applicant directly to request submission of additional information to the city. The Consultant will keep a written record of this communication in the project file. 3. Upon completion. of each plan review, the Consultant will furnish a summary plan review letter directly to the Building Official and a copy to the permit applicant outlining discrepancies in the plans, reports, and/or calculations (as applicable). 4. The Consultant will perforin follow-up plan reviews as required to confirm that plans have been corrected adequately to address comments in the original plan review. In these instances, the Consultant will furnish additional letters directly to the Building Official and a copy to the permit applicant summarizing the results of the review. When the Consultant is satisfied that the proposed structural work is in compliance with the structural provisions of the Building Code, the Consultant will issue a final letter stating that there are no further comments. S. The plan review services for each pen-nit applicant will be treated as an individual project, the Consultant will track associated labor and material costs according to each project and invoice the City accordingly. The consultant will invoice the City prior to the 10th of each month. 6. The City may need other structural engineering services throughout the tcn-n of the on-call agreement. For these instances, the Consultant will perform structural engineering services as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. 25 7. The City, in entering into this agreement, does not guarantee that any services will be requested nor guarantee any specific dollar amount of work during the term of this Agreement. 8. The City shall respond to the consultant's telephone or E-mail inquiries concerning interpretation of City Standards within three (3) working days. 9. The Consultant shall complete the specified work generally within (t 5) calendar days of written notification by the City. (Large and/or complex projects may take longer to review but require concurrence by City of time extension). 10. The Consultant shall perform work described in this Agreement in accordance with the latest edition and amendments to the Washington State Building Code as adopted and amended by the City of Tukwila. The City shall administer issuance of building pen-nits and certificates of occupancy. The Consultant will assume no responsibility for proper on-site construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with approved plans, contract documents, and pen-nit conditions. 12. Corrections or comments made during the review process do not relieve the project proponent or designer from compliance with requirements of codes, conditions of approval, or permit requirements. Nor is the designer relieved of responsibility for a complete design in accordance with the laws of the State of Washington. 13. The City may need emergency structural engineering services throughout the term of the on-call agreement. These services may include post-disaster response engineering or emergency response to observe structural damage to existing structures. For these instances, the Consultant will perform structural engineering services as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. Time for emergency structural engineering services may be billed at an accelerated rate in accordance with the Exhibit B rate schedule. 26 Reid Middleton, Inc. Exhibit "B" Schedule of Charges Effective January 2017 through December 31, 2018 City of Tukwila Plan Review Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule below unless another method of compensation has been expressed in the written agreement. I. Personnel Hourly Rate ................ ..............................$ 200.00 - $ 245.00 inci al Planner /Principal Surveyor .............. ..............................$ 200.00 - $ 240.00 :)r Planner /'Senior Surveyor .................... $ 175.00 - $ 195.00 eet Designer/Pr o�j ci Surve}}��or /'rolect Manner ..........................$ 135.00 - $ 165.00 �gner llesign 3 echnicianlSurvey Crew Chief/ Graphic Designer 11 ..............................$ 110.00 - $ 130.00 kD Technician I1. ..................... ..............................$ 100.00 - $ 115.00 .. ......................$ 95.00 - $ 110.00 rvey Technician /'echnician/Technical Writer I .......................$ 70.00 - $ 100.00 Survey Crew 2 Person /RTK/ Robotic / Scanning) ........................... ..............................$ 170.00 Survey Crew (3 Person/ GPS) ................................... ............................... $ 260.00 Emergency Structural Engineering ... ............................1.2 times usual hourly rate (4 hour minimum) A new schedule of charges becomes effective January 1, 2018 through December 31, 2018. Reid Middleton's escalation rate for the 2018 calendar year will not exceed 3 % if our actual escalation rate for 2018 is less than 3 %u, Reid Middleton will use the lower rate. Charges for all work, including continuing projects initiated in prior years, will be based on the latest schedule of charges.. Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific ppro ect requirements, Charges for such personnel will be comparable to charges for regular Reid dleton personnel.. A premium may be charged if project requirements make overtime work necessary. H. Equipment Rate Design Software /Computer Aided Drafting .................................. ..............................$ 12.00 /hour III. Reimbursable Expenses Local Mileage - Automobile .......................................................... ..............................$ 0.65 /mile Local Mileage - Survey Truck ...................................................... ..............................$ 0.65 /mile Expeases that are directly attributable to the project are invoiced at cost plus 15%. These expenses inciude, but are not limited to, subconsultant or subcontractor services travel and subsistence, communications, couriers, postage, fees and permits, document reproliction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and ether costs directly applicable to the protect. IV. Client Advances Unless the parties agree otherwise in writing; char es for the following items shall be paid by the client directly, shall not be the responsibilit of Reid Middleton, and shall be in addition to any fee stipulated in the a Bement.overnmexit fees, inc tiding permit anti review fees, sails testing fees and costs; chargu;s for aeria�photogra fly, and charges for mcnumeiis. 1f Reid Middleton determines, iii its discretion, to advance any oflthese costs in the interest of the project, the amount of the advance, plus a fifteen percent ri adiinisrattve fee, shall be paid %y tire- client upon presentation of an invoice therefore. HAF©RWEXHIBITS\2016 -A Tukwila 2017- 2018doc.doc Reid didleton 27