HomeMy WebLinkAboutReg 2016-10-17 Item 4I - Agreement - 2017-2018 Structural Plan Review with Reid Middleton for $200,000COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
ITEMNO.
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STAFF SPONSOR: JERRY E HIGHT
I ORIGINAL AGENDA DA'1'1�: 10/17/16
AG J � ND A ITFMTrI,I.F Contract for Reid Middleton Inc. structural plan review services
CATFIG,ORY ❑ Die-6,ufsion
A /ftg Date
❑ motion
Mtg Date 10117116
❑ Resolution
,g Date
M/
❑ Ordinance
A/Itg Date
EjBid Axard
111t Dale
❑ Publicl-Tearing
M/
,g Date
[:] Other
mtg Dale
SPONSOR ❑ Council ❑ Mayor [:].HR Z DCD E] Finance [:] Fire ❑ IT ❑ P&RE] Police E].PW'
SPONSOR'S Council is being ask to approve a contract to continue current structural plan review
SUMMARY services with Reid Middleton Inc. with a not to exceed amount of $200,000.00 through the
2017/2018 budget. A new contract is needed because the current contract with Reid
Middleton Inc. expires on 12/31/2016.
RFVIF,WFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte F-1 Arts Comm. [:] Parks Comm. ❑ Planning Comm.
DATE: 10/10/16 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
Comm"ITFIF Unanimous Approval; Forward to 10/17/16 Council, Consent Agenda
COST IMPACT / FUND SOURCE
AmouNj, BUDGETED APPROPRIATION REQUIRED
$ $ $0
Fund Source: 2015/2016 BUDGET PROFESSIONAL SERVICES
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/17/16
MTG. DATE
ATTACHMENTS
10/17/16
Informational Memorandum dated 10/10/16
Contract for Reid Middleton Inc. for structural plan review services
Minutes from the Community Affairs and Parks meeting of 10/10/16
H
m
TO:
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.
W
City of Tukwila ,ontract Number:
• 6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter
optional municipal code city hereinafter referred to as "the City," and Reid Middleton Inc., hereinafter
referred to as "the Contractor," whose principal office is located at 728 134th Street SW Suite 200
Everett, 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 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 by 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. 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 in 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, and ending December 31, 2018, 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.
CA Revised 2012 Page 1 of 4
6. 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 Ofimmunity under |DdUSthG| |OSUG3DQe, Title 51 RCVV' solely for the purposes Of
this indemnification. This waiver has been mutually negotiated by the parties. The provisions Ofthis
section shall survive the expiration or termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage tO property which may arise from OriO connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its SCOp8 of coverage and limits as required
herein Sh8|| not be construed to limit the liability of the Contractor t0the COve[Gg8 provided by such
insurance, V[ otherwise limit the City's recourse tO any remedy available 8t law O[iDequity.
A. Minimum Scope of Insurance. C0ntn3Ckzr ShuU obtain insurance of the types and with the limits
described below:
1. Automobile Liability iOSUrGODe with 8 DliDinOUDl combined single limit for bodily injury and
property damage of $1,000,000 per accident. AUiOOOObi|e liability iDSU[@DC8 Sh8U cover all
owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or 8 substitute f0[[D providing equivalent liability coverage. If
necessary, the policy shall b8 endorsed tO provide contractual liability coverage.
2. Commercial General Liability iDSUngOce with limits DO less than $1.000.000 each
OCCUrr8DC8' $2.000.000 g8D8[@| aggregate and $2.000,000 p[OdUCtS-COOOpket9d Op8[8UOOS
aggregate limit. Commercial General Liability insurance shall be written 0O ISO occurrence form
CG OO 01 and ShG|| COVe[ liability arising from pFerDiSeS. Ope[8U0DS, independent contractors,
p[DdU{tS-CO0p|et8d OpG[aUOOS' SLOp gap liability, p8[SOO8| irUU[y and advertising irUU[y. and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide the Aggregate Per Project Endorsement |SC} form CG 25 03 11 85 Or
@D equivalent endorsement. There shall beOO endorsement O[ modification Of the Commercial
General Liability Insurance for liability arising from 8Xp|OSiOn. C0||8pS8 or underground property
damage. The City shall be named as an insured under the Contractor's Commercial General
Liability inSUn3DC8 policy with respect iO the work performed for the City using |S[) Additional
Insured 8ndono8nO8nt C{3 20 10 10 01 and Additional Insured-Completed C)pgnadono
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
3. rage as required by the Industrial Insurance laws of the
State 0fWashington.
B. Other Insurance Provision. The Contractor's Automobile Liability and COmrn8rCi@| General
Liability iOSU[8OC8 pOUCi8S are to CODt@iD. or be eDd0[S8d to contain that they Sh8U be primary
)D8U[8DD8 with respect b]the City. Any iOSU[8O08, 8eU-iDSUr8OCH. or iDSUc8DC8 pOO| COm9[Gge
Dl8iOt8iD8d by the City Sh8|| be 8XCeGS of the COOt[@CtO['S iDSU[8OC8 and Sh3|| not contribute with
C. Acceptability of Insurers. Insurance is to be placed with insurers with 8 CurnentA.K8. Best rating
of not less than A: VII.
CA Revised 1-2013 Page 2 of 4
O. Verification of Coverage' Contractor shall furnish the City with original CedUfiC@tes8nd@COpyof
the 8DleDdGtOn/ eDdO[SeOO8DtS, including but not O8CeSS8h|y limited to the 8ddUU0D8| insured
endorsement, evidencing the insurance requirements Of the Contractor before commencement Of
the work.
E Subcontractors. The Contractor shall have SO|e responsibility for determining the insurance
C0V8[@ge and limits required, if any, to be obtained by GUbCOntraC1O[G, which determination 8h@U
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 tm Maintain Insurance. Failure on the part 0fthe Contractor t0 maintain the insurance as
[8qU)[8d Sh8U CUOstbUt8 @ On8teh8| breach of contract, upon which the City may, after giving five
bVGiDHSG days notice to the COOt[8CtO[ to CO[neCt the h[88Ch, immediately k3[O0iD@te the CODtrG{t
or, 8t its discretion, procure 0r renew such insurance and pay any and all premiums iOconnection
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 Keepinq and Reporting.
A. The Contractor shall [D8iDt8iO 8CC0VDtS and PHCOrdS, iDC|UdiDQ Pe[SOODe[ property, fiD@DCi@| and
prOgn8ODOO8tiC records which SVffiCi8Dt|y and properly reflect BU direct and indirect COStS Of any
nature expended and G8n/iC8S performed in the performance of this Agreement and other such
records 8S may b8 deemed necessary by the City t0ensure the performance of this Agreement.
B. These [8CD[dS ShGU be maintained for G D8[k}d of seven (7) years after termination h8[8Of UDkeSS
permission tO destroy them iS granted by the office 0f the archivist iO accordance with RC\8/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 8tall times to inspection, review Oraudit by law during the performance Of
this Agreement.
10' Termination. This Agreement may 8t any time he terminated by the City giving to the Contractor
thirty (3O) days written notice Of the City's intention iO terminate the same. Failure L0 provide products
on schedule may result incontract 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 Consultant, with regard to the work performed bybunder this
Ao[8eDleOL, will not discriminate ODthe gnOUDdS of race, n8|igiOD. C[e8d. D0|Or, D5tiOD@| origin, 8g8,
Vet8n8O St8tUS' SeX, S8XUa| U[ieD[8tiOn. QeOd8[ identity, 0O8rit8| status, pO|iUC8| affiliation or the
p[8S8DC8 Of any disability in the selection and r8t8DU0D of employees or pnDCU[808DL Of materials
or supplies.
12. Assignment and Subcontract. The C0DU3Ct0r Gh@U not GSSiAn or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13' attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
GU prior negotiations, representations, 0[ agreements VV[itt8D or oral. y4O amendment o[modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival. K any term, condition Ur provision OfthksAoreenxen[ksdecl@[8dvOid0r
unenforceable or limited in its application or effect, such event shall not affect any other provisions
CA Revised 1-2013
Page 3(f4
hereof and all other provisions shall remain fully enforceable. The provisions Of this Agreement, which
by their S8OS8 and context are F88S0O8b|y intended L0 SUrViV8 the CO[Dp|8tiOD' expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15- Notices. Notices to the City of Tukwila shall besent to the following address:
City Clerk, City of TUhVV|@
02OU8Ou[huenterBlvd.
Tukwila, Washington 88188
Notices tOthe Contractor shall be sent U] the address provided by the Contractor upon the signature
line below.
16. This Agreement shall be governed by and construed in
8CCOrd8OCe with the |@wS Of the State of Washington. In the event any suit, 8d}it[@tiOD, or OUle[
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall b8 properly laid iO King County, Washington. The prevailing party iD any such
8CtiODSh8|/be entitled tO its attorney's fees and costs Dfsuit.
DATED this day of
CITY 0PTUKWILA
Mayor, Allan Ekberg
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attomey
CA Revised 1-2013
CONTRACTOR
ME
David B. Swanson, Principle
Reid Middleton
728 134th Street SW, Suite 200
VV}\48204
425-741-3800
Page 4 of 4
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.
On behalf of the Department of Community Development - Building Division,
the consultant will perform 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 cornmunication 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 pen-nit
applicant outlining discrepancies in the plans, reports, and/or calculations (as
applicable).
4. The Consultant will perform follow-up plan reviews as required to confine 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 perrilit 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 tern 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.
we
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
I t:l
term oFthis 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 (15) 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.
i. 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 permit 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 set-vices 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.
9M
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.
Personnel
Hourly Rate
Principal ., „.,, . ., .,.. ................ ..............................$
200.00 - $ 245.00
Principal Engiu er /Princi} al Planner /Principal Surveyor .............. ..............................$
Senior Engineer/Senior Surveyor ......... ... ..... ..............................$
200.00 - $ 240.00
175.00 - $ 195.00
Project Engineer/Project Desi ner /Pro pct $urveyor /Project Manner ..........................$
Design n,gmeer /Designer 11IDesil �echmcianl5urvey Crew Chief/
135.00-$ 165.00
n
Technical Writer Ill Gra hic Designer 11 ........................................
Resigner l/Pl Liner /CAD echniclan li ................... ................. ..............................$100.00-$
$ 110.00-$ 130.00
115.00
Protect Administrator .... ........ ................ ..... ......................... ..............................$
"echnician/Technical
95.00 - $ 110.00
70.00 $ 100.00
CAID Technician 1 /Survey Technician / Writer I .......................$
-
Survey Crew 2 Person/RTK/Robotic/ Scanning) ........................... ..............................$
Survey Crew (3 Person/ GPS) ................................... ...............................
170.00
$ 260.00
Emergency Structural Engineering ... ............................1.2 times usual hourly rate (4 hour minimum)
A new sell( #duleof charges becomes effective January 1, 2018 through December 31,:2.018. Reid
Middleton'$ escalation rate for the 2018 calendar year will not exceed 3 °l0. If our actual escalation rate for
2018 is less than 3%, 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
lvli dleton personnel.
A premium may be charged if project requirements make overtime work necessary.
II. 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
Exppenses that are directly attributable to the project are invoiced at cost plus 15 %. These expenses
include, but are not limited to, subconsultant or subcontractor services, travel and subsistence,
communications, couriers, postage, fees and permits, document reproduction, special instrumentation and
field equipment rental, premiums for additional insurance where required, special supplies, and other costs
directly applicable to the project.
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 responsibility ofReid Middleton, and shall be in addition to any fee stipulated in
the a eernent. government fees, inc tiding petxnit and review face; soils testing fees and costs; charges for
aeria�pl tog
ty, and charges far Monuments. if Reid Middleton determines, In its discretion, to
advanr any ot)these chits in the in oftlie project, the amount of the advance, plus a fifteen percent
adlxlinistrattve ice, shall be paid by the client upon presentation of an invoice therefore.
HAFORMS\EXMITS12016 -A Tukwila 2017- 2018doc.doc
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Community Affairs and Parks Committee Minutes ........................................ ............................... ........................October 10, 2016
D. Contract: Building Inspection Services
Staff is seeking Council approval of a contract with 41-eaf, Inc. in an amount not to exceed
$200,000.00 for the continued provision of building inspection services through December 31,
2018. The Building Division has continued to have trouble recruiting qualified inspectors and
this contract will allow the City to maintain a 24 -hour inspection turnaround time. There are
many highly technical commercial projects underway such as Tukwila Village, School District
Projects, and Washington Place. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016
REGULAR CONSENT AGENDA.
E. Contract: Structural Plan Review Services
Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to
exceed $200,000.00 for the continued provision of structural plan review services through
December 32, 2018. Revenues from permit fees offset the cost of the contracted review services.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA.
F. Proposed 2017 -2018 Biennial Budget
Pursuant to the process requested by Council earlier this year, sections of the proposed 2017-
2018 budget are being presented to standing Council Committees prior to moving forward
through the full Council review process. Staff presented proposed 2017 -2018 budgets for the
following departments and funds:
Parks and Recreation Department
The Parks and Recreation Department Budget proposes an increase of 10.83% for 2017,
primarily due to transfers from other departments, revenue - backed programs and previously
approved program changes. The proposal also includes a.25 FTE and $100,000 for replacement
of the existing recreation management software that has become obsolete.
D
Fu
Fund 302 was previously known as the "Facilities Replacement Fund" but is being renamed to
Urban Renewal to accurately reflect its use for tracking significant property transactions such
as Tukwila Village and the TIB motel redevelopment.
General Governmental Improvement Fund (303 Fund)
Fund 303 is used for improvements, additions, or other miscellaneous minor capital projects.
No specific projects are currently planned and there are no proposed changes.
Fire Improvement Fund (304 Fund)
The fund provides fire department capital improvements and apparatus through Fire Impact
Fees. It does not include the mitigation fees from the Tukwila South agreement, which are
included in the new Public Safety Plan fund. Chair Quinn asked for a list showing revenues and
expenditures from fire impact fees.
COMMITTEE DISCUSSION ONLY. FORWARD TO OCTOBER 24, 2016 COMMITTEE OF THE
WHOLE.
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