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HomeMy WebLinkAbout18-179 - BHC Consultants - 2019-2020 Field Inspection ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 18-179(b) CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and BHC Consultants LLC That portion of Contract No, 2. Compensation and Method of Payment, between the City of Tukwila and BHC Consultants, LLC is hereby amended as follows: Section 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 for this contract shall not exceed $35,000.00. All other provisions of the contract shall remain in full force and effect. Dated this 29th day of October CITY OF TUKWILA Seoe7g 2212 2,1122,,,,,,,,11,11',2,,,,DIRR7127 Allan Ekberg, Mayor 10/29/2020 ATTEST/AUTHENTICATED coh4,az?, Christy O'Flaherty, MMC, City C erk CA Revised December 2016 , 20 20 CONTRACTOR Printed Name: Ron Dorn, President APPROVED AS TO FORM c)(14/it; Q.Sawee 12-22',21,-0,1422422'0,22[122,08,1',,2 Office of the City Attorney 1st of 2 Originals Page 1 of 1 18-179(a) Council Approval 7/15/19 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Amendment # I Agreeiiient Wmber: Between the City of Tukwila and, BHC Consultants, LLC That portion of Contract No. 2. Compensation and Method of Payment, between the City of Tuikwila and BHC Consultants, LILC is hereby amended as follows-. Section 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 for this contract shall not exceed $80,000,00. All other provisions of the contract shall remain in full force and effect. Dated this d a y of A U C�US 20 A I R WAS] a I to] LATIVI I IN 06171 F1 -O.T.AT4 "I Allan Ekberg, Mayor Printed Name.- Ron Dorn, President ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorrhey C' ('A 1(oisoJ Dvc(°nnbcl 2010 I'a9c I of I ��� ��o�� ��x�� Tukwila 62OOSouthconterBoulevard, Tukwila VVA98188 CONTRACT FOR SERVICES Contract Number: 18-179 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter Onti0Oa| ODUOiCip@| code city hereinafter referred U}8S"the Citv'" and BHC Consultants, hereinafter referred to an "the Contraotor.''whose principal office is located at 1601 Fifth Avenue Suite 500 Seattle, WA 98101. WHEREAS, the City has determined the need to have certain S8n/CeS performedfor its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desiresb]have the Contractor perform such services pursuant bJcertain 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 onExhibit A attached hereto and incorporated herein bythis reference aaif fully set forth. In performing such services, the Contractor shall at all dnnee comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling ofany 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 h]the rate and method set forth oOExhibit Battached hereto and incorporated herein bv this reference. The total amount [obepaid shall not exceed $20,0O0.00' Contractor Budget The Contractor shall apply the funds received under this Agreement within the nnoxinnunn limits set forth in this Agreement. The Contractor ohm|| request prior approval from the City whenever the Contractor desires toamend its budget inany way. 4. Duration of Aqreement. This Agreement shall be in full force and effect for a period commencing January 2, 2019, and ending December 31. 2020. 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 AonaernenL Nothing in this Aonaennert shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee ofContractor shall be entitled toany 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 Prognann, or otherwise assuming the duties of an employer with respect to the Contnactor, or any employee of the Contractor. CA Revised Dccumber2O|6 Page | of 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Endtv, its offioera, officials, employees and volunteers harmless from any and all claims, injuries, donnayes.|oasesorsuhn including attorney feen, arising out of or in connection with the performance of this Agneennent, except for injuries anddamngescausedbytheso|mnmg|igenCoofthePubUcEntity. Should e court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24,115' then, iDthe event ofliability for damages arising out ofbodily injury topereoneordanna8esh)pnJpedy caused by or resulting from the concurrent negligence of the Contractor and the Public Entib/, its ofhrena, offinia|S, ennp|0ye9a, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 FlCVV, solely for the purposes ofthis indemnification. This waiver 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 shall procure and maintain for the duration of the Aoraement, insurance against claims for injuries to persons ordamage to property which may arise from or in connection with the performance of the work hereunder by the Controctor, their agents, napresmntatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits asrequired herein shall not beconstrued tolimit the liability ofthe Contractor tothe coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1� Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1.O0O'OOO per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (I8D) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with |innhs no less than $1.000.000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-co m pleted operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG OO 01 and shall cover liability arising from prmmises, operatinnn, independent onntractors, prod ucts-cnrnp|eted operations, stop gap |iabi|ity, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall beendorsed tnprovide aper project ganera|aggnegate|imitusing|S[)fonnCG25O3O50Qor an equivalent endorsement. There shall be no exclusion for liability arising from axp|osion, collapse orunderground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing atleast esbroad coverage. 3. Workers' Compensation coverage as required by the |nduaih8| |nSu:gnoa laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies one to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any ineurance, se|f-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to he placed with insurers with a currentA.M. Bent rating D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsennents, including but not necessarily limited to the additional insured endonaem8nt, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance po|ioies, including endorsennents, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made inaccordance 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 notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the bnaach, immediately terminate the contract or, atits discretion, procure orrenew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the Cih/, offset against funds due the Contractor from the City. A. The Contractor shall maintain accounts and neuords, 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 ofthis 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 RCVVChapter 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 inspootion, review oraudit by law during the performance of this Agreement. 1O.Termination. This Agreement may etany time beterminated bythe City giving tnthe Contractor thirty (3[) days written notice of the City's intention to terminate the smnnm. 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 Consultant, with regard to the work performed by it under this Aoreernent, will not discriminate on the grounds of race, ne|iQion, cneeU, oo|or, national nriOin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affi|iotion, the presence of any disability, or any other protected class status under state or federal |avv, in the selection and retention of employees or procurement of materials or supplies. 12. Aaaiqnnnent 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.Entine Aqremrnent; Modification. This Aoreoment, together with attachments or mddonda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior nmgotimtinns, roprasentatinns, oragreements written 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. Sevenobi|ity and Survival. If any hann, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions ofthis Agreement, which bytheir sense and context are reasonably intended tosurvive the completion, expiration orcancellation ofthis Agreement, shall survive termination ofthis Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila O2UOSouthcenterBlvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16.App|ioab|e Law; Venue; Attorneys Fees. This Agreement shall be governed by and construed in accordance with the |evvs of the State of Washington. In the event any auit, orbKraton, 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 beentitled toits attorney'sfees and costs ofsuit. CITY OF TUKWILA DATED this day of —~ Jack Pace, Director Qcpurtmontof CONTRACTOR 0y- ,2Ol8. PrintedNmncand Title: Ron Dorn, President 8UCCmaukaots |6U|Fifth Avenue Suite 50U Seattle, VV/\YD\0l 206'505'3400 CARevised December 2O18 Page 4of4 SCOPE OF WORK 1. PLAN REVIEW A. BHC Consultants will review plans Submitted with building permit applications for structural and nonstruch/ru|code compliance iuaccordance with the currently adopted construction codes usadopted and amended by the State ofWashington and City o[ 'Tukwila, except that BHC will confer with the Building Official and his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in tile code(s). B. The services Wbe performed by8HCwill not begin until receiving authorization from the City that identifies the specific tasks hohc performed. C. 88Cwill not perform plan mark LIPS, make any complex structural changes oothe plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of tile applicant's design professional. All notes and details must hconthe approved permit set o[plans. D. [[ corrections oradditions arc required, BBC will write areview letter addressed iothe City and/or applicant. The City will then send BRC'xreview letter, along with any additional City requirements, to the applicant. The correction letter will indicate to the applicant that they are required to submit tile revisions/additions to the City per the submittal requirements for the permit type under review. F. Upon completion ofthe plan review, 131-lC will indicate that the drawings have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. R}IC'yname, and date of compliance will be affixed Weach sheet uptotwo sets of drawings or as otherwise requested by the City. The plan reviewer's signature will also be affixed to the cover sheet. O. Complete reviews will include structural, nunotruck/roiucucusiN|energy, and ventilation requirements. Partial reviews will be indicated as either structural ornouxkuuk/ra| or as Mutually agreed upon. 2' PROCESS & The City reserves tile right todetermine the process and method o[Work bythe Consultant. At its ou|e option, 1hc City will determine if it *ixhco to contract with the Consultant on o time and materials basis or a percentage basis. B. The City will determine which plans are tobcreviewed hvBHC. C� The City will intake, truck and process the permit applications anda|| revisions per current building and permit administration procedures. D. DUCwill bcresponsible f6rUhccznedhcdtmmsportokxzofpennknviewdouumunts0othc City. The City will hcresponsible for the expedited transportation m[permit review E. BHC will complete the initial review and will have either approved the application and notified the City of approval or contacted tile applicant and/or the City with corrections within the tirne frames listed below: Typical Review Times: Project Type Initial Review Re -Review 8ing|c'[umi|y ]Odays (2weeks) 5 days (I week) Multi-Fm ily \5days (3weeks) lOdays (2weeks) Commercial 20days (4weeks) 15 days (3weeks) Turn -around time for large, complex and non -typical types of'peri-nit applications is to be negotiated and agreed upon In writing by both parties. F. BDC will review any revisions oradditional information and will either indicate compliance with the oudcy>against which kwas checked and notify the City o[comp|ianue,orJtile drawings are still not complete, contact the applicant and/or the City with additional revision requests within the time frames specified above. G. The typical review times as noted above may be negotiated based on the number and/or complexity o[p Jects tile City wishes tosend 0nBDC u\one time mrwithin xshort windov o[hmc. BHC aho]| request revisions lo estimated target date after consultation with the City. 4. BUILDING INSPECTIONS A. Consultant will provide ucertified building inspector hoperform the fbUowin�services; and B. Upon authorization hvtile City, inspector will perform building inspection work for the City. C. Atthe request by the City, the inspector shall be asked to perform one ormore ofthe following inspection tasks: \. non-structural fire and life safety inspections 2. structural Inspections 3. energy code inspections 4. barrier free inspections 5, mechanical and plumbing Inspections 6. electrical inspections D. Inspector will provide building inspections inaccordance with tile Currently adopted International Codes, Washington State Building Code (WAC 5|'50and 5l'5\),and energy code (WAC5l'l|),and the applicable City Building Codes, except that inspector will confer with the Building Official cvhis/tier agent onany portiono[ihcrevicwthutxpecdiodk requires an approval ofthe Building Official under the applicable Codc(s), or that involves an unusual interpretation. E. Inspections will be done in accordance with codes, ordinances and regulations In effect and will beperformed inucourteous and professional manner. U records of inspection status will be maintained oil dhe jobcard in the field and oil the office copy o[the pomh- ThcCiryshuUguarontcunninimomoffomr(4)hoursinypcoikmworkcochduvioxpec\ion services are provided. EXHIBIT B — COMPENSATION 1. LUMP SUM. The City shall pay BHC a lump -sum fee for performing an initial review and one recheck for each project. The fee shall be based on a percentage of the plan review fee as tabulated below or as mutually agreed upon between the City and 1311C. Fhe plan review fee shall be based on the fees charged by resolution for the City. Commercial and Multi -Family Percentage qf Plan Review Fee Projects' Valuation < $2,000,000 Valuation $2,000,000 To $5,000,000 Complete Plan Review 75% 70% Partial Plan Review (structural only or nonstructural only) 60% 50% Valuation $5,000,00 to $10,000,000 Valuation $10,000,001 and up Complete Plan Review 60% 50% Partial Plan Review (structural only or nonstructural only) 40% 35% Sin'le Family Projects Complete Plan Review 75% of Plan Review Fee Partial Plan Review (structural only or nonstructural only) 50% of Plan Review Fee 1.1 All other review services and reviews in excess of two (the initial review plus one re -check) shall be paid on a time -and -expense basis using an hourly rate identified in Schedule B. 1.2 Each billing statement will include the permit number, BHC task review number and owner or project name of the plans reviewed with the fee. 1.3 f3illing statements will be issued for reviews that receive a complete initial review in the preceding month or other acceptable time period. All remaining fees for any project previously billed will be invoiced for total balance due after final review has been completed and plans returned to the City. Fees for large projects maybe invoiced over a several month period when agreeable to both the City and BHC. 1.4 On -call and other services will be provided as desired by the City and agreed upon by BHC on a time -and -expense basis using an hourly rate identified in Exhibit B. 2. HOURLY LABOR RATES SCHEDULES Classification Hourly Rates Building Inspector (ComNnaion) $85 Bcokimd Inspector $90 Plan Checker [ (hourly charges) $150 Plan Reviewer O'Structural $175 Civil/site plan review (P.E] $150 11rincipal Consultant (Building Official) $150 /\dminieUaionuaxinknnco/C|cricu| $75 Overtime Services: l50%n[Above Rates Shown (No overtime will hccharged Without prior written authorization hvthe CityJ These rates are effective throughout the term ufthis contract. On'cuU and other services will be provided as desired by the City and agreed upon by 8HC in writing by both partiesonuhmc'ond'cxpensubasis using all hourly rate identified inSchedule B. REIMBURSABLE EXPENSES Trovciv/iUbcrcimhurzdfbrdmcundmi|cogeutLbccurnxn/iKSmi|cugcrcimbuocmeotngc. For all "on call" inspection and added services, mileage may be billed portal to portal at current IRS rate.