HomeMy WebLinkAboutReg 2018-12-03 Item 4H - Agreement - Structural Plan Review Services with Reid Middleton for $200,000 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
sTAIT spoNsoR:JERRY E HIGHT ORIGINAL AGENDA DATE: 12/3/18
AGENDA HEM TITLE Contract for Reid Middleton Inc. structural plan review services
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CATEGORY E Discussion Z Motion E Resolution [1] Ordinance E Bic!Award E Public Hearin,g E Other
Meg Date Mtg Date 12/3/18 Meg Date Meg Date Meg Date Meg Date Mtg Date
SPONSOR E Counci l ['Mayor E HR ZDCD E Finance Ei Fire ZITS EPR [j]Police DPW E Court
SP oNS0R'S Council is being ask to approve a contract to continue current structural plan review
stimm,\Ry services with Reid Middleton Inc. with a not to exceed amount of$200,000.00 through the
2019/2020 budget. A new contract is needed because the current contract with Reid
Middleton Inc. expires on 12/31/2018.
REVIEWED BY E C.O.W. Mtg. Z CDN Comm E] Finance Comm. 0 Public Safety Comm.
0 Trans &Infrastructure 111 Arts Comm. Ej Parks Comm. E Planning Comm.
DATE: 11/27/18 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CoNimiTTFE Unanimous Approval; Forward to Regular Mtg. Consent Agenda 12/3/18
COST IMPACT / FUND SOURCE
EXPENDITURE RI Ll'RED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source: 2019/2020 BUDGET PROFESSIONAL SERVICES
Comments: Pass-through
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
12/03/18 Informational Memorandum dated 11/27/18
Contract for Reid Middleton Inc. structual plan review services
Minutes from the Community Development& Neighborhoods meeting of 11/27/18
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156
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a �� ty City of Tukwila Allan Ekberg, Mayor
a -�i Jack Pace, Director
'�� ,,, Q INFORMATIONAL MEMORANDUM
TO: Community Development & Neighborhood Committee
FROM: Jack Pace, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
DATE: November 27, 2018
SUBJECT: Contract for Reid Middleton Inc. for structural plan review services
ISSUE
Should council approve a contract to continue current structural plan review services with Reid
Middleton Inc. with a not to exceed amount of$200,000.00 through the 2019/2020 budget. A new
contract is needed because the current contract with Reid Middleton Inc. expires on 12/31/2018.
BACKGROUND
Due to the increase in ongoing permit activity and larger projects such as Tukwila School district
projects, Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to
continue to have an outside building inspection service with Reid Middleton Inc.
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 2019/2020 budget. As permits for
construction increases so does the amount of fees collected and paid for outside structural plan
review.
RECOMMENDATION
Staff recommends the contract for Reid Middleton Inc. structural plan review services be placed
on the December 3, 2018 Full Council, Consent Agenda for approval.
ATTACHMENTS
Contract for Reid Middleton Inc. structural plan review services.
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Contract Number:
,4
4,x, Cityof Tukwila
ok, � ° ' 6200 Southcenter Boulevard, Tukwila WA 98188
11
•
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
W EREAS, 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 CONSIDER'}TlON 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, 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 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 December 2016 Page 1 of 4
159
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
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 Public Entity, its
officers, officials, employees, 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 RCW, solely for the purposes of this 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 Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the 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 $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) 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 limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent contractors,
products-completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or
an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground 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 at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised December 2016 Page 2 of 4
160
D. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-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 be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, 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 policies, including endorsements, 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 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
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 breach, immediately terminate the contract or,
at its discretion, procure or renew 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 City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
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 ROW 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 Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
CA Revised December 2016 Page 3 of 4
161
12. Assignment 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 Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or 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. If any term, 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 of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration 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 of Tukwila
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.
16. 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 , 2018.
CITY OF TUKWILA CONTRALTO
B •
Allan Ekberg, Mayor 4''David B. Swanson, Principle c,!
Reid Middleton
ATTEST/AUTHENTICATED: 728 134th Street SW, Suite 200
Everett, WA 98204
425-741-3800
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CA Revised December 2016 Page 4 of 4
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EXHIBIT "A"
"
CITY OF EXHIBIT
d1s�Wg ILA�2019-2020
Scope and Schedule of Services
The objective of this Agreement is to provide structural code compliance plan review by
Reid Middleton (Consultant) 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.
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.
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.
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).
The Consultant will perform 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 fmal letter stating that there are no further
comments.
The plan review services for each permit 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.
The City may need other structural engineering services throughout the term 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.
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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.
The City shall respond to the consultant's telephone or E-mail inquiries concerning
interpretation of City Standards within three (3)working days.
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).
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 permits 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.
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.
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Reid Middleton,Inc.
Exhibit "B" Schedule of Charges
Effective January 2019 through December 31,2020
City of Tukwila
Plan Review
I. Personnel Hourly Rate
Principal $205.00-$260.00
Principal Engineer/Principal Planner/Principal Surveyor $205.00-$250.00
Senior Engineer/Senior Planner/Senior Surveyor $ 180.00-$205.00
Project Engineer/Project Designer/Project Surveyor/Project Planner $ 140.00-$ 175.00
Design Engmeer/Designer II/Design Technician/Survey Crew Chief/
Technical Writer II/Graphic Designer II $ 115.00-$140.00
Designer I/Planner/CAD Technician II $ 105.00-$ 125.00
Project Administrator $ 100.00-$ 120.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 90.00-$ 110.00
Survey Crew((1 Person/RTK/Robotic/Scanning) 135.00
Survey Crew(2 Person/RTK/Robotic/Scanning) $ 185.00
Survey Crew(3 Person/RTK/Robotic/Scanning) $235.00
Expert Witness/Forensic Engineering 1.5 times usual hourly rate(4 hour minimum)
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
-Project requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton 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 $ 0.545/mile
Local Mileage- Survey Truck $ 0.65/mile
Expenses 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.
A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,
including continuing projects initiated in prior years,will be based on the latest schedule of charges.
IV. Client Advances
Unless the parties agree otherwise in writing,charges for the following items shall be paid by the client
directly,shall not be the responsibility of Reid Middleton,and shall be m addition to any fee stipulated in
the agreement: government fees,including permit and review fees;soils testing fees and costs;charges
for aerial photography;and charges for monuments. If Reid Middleton determmes,in its discretion,to
advance any of these costs in the interest of the project,the amount of the advance,plus a fifteen percent
administrative fee,shall be paid by the client upon presentation of an invoice therefore.
H:AFORMS\EXHIBITS\2018-A Tukwila2019-2020.doc Reid ifdd[eton'2
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City of Tukwila
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City Council Community Development & Neighborhoods Committee
COMMUNITY DEVELOPMENT& NEIGHBORHOODS COMMITTEE
Meeting Minutes
November27, 2018-5:30 p.m. -Hazelnut Conference Room, City Hall
Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Zak Idan
Staff: Jack Pace, Lynn Miranda, Mia Navarro, Laurel Humphrey
CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Amendment to King County Veterans, Seniors and Human Services Levy Grant Agreement
Staff is seeking Council approval to extend the agreement with the King County Department of
Community and Human Services Division for a term through March 31,2019.The extension was
requested by King County due to the timing of contracts being dispersed. The City is receiving
$77,500 in levy proceeds to develop an Older Adult Recreation and Services Needs Assessment
and to install automatic door opening devices into main restrooms and replace automatic door
opening devices at two primary entrances at the Community Center. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 3, 2018 REGULAR CONSENT AGENDA.
B. 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 32,2020. Revenues from permit fees offset the cost of the contracted review services.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3,2018 REGULAR CONSENT AGENDA.
C. Contract: Inspection Services
Staff is seeking Council approval of a contract with 4Leaf, Inc. in an amount not to exceed
$200,000.00 for the continued provision of building inspection services through December 31,
2020.The Building Division has been using the building inspection services to maintain a 24-hour
inspection turnaround time. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3, 2018
REGULAR CONSENT AGENDA.
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