HomeMy WebLinkAboutCDN 2019-06-25 Item 2B - Contract - Plan Review and Inspection Services with BHC ConsultantsCity of Tukwila
INFORMATIONAL MEMORANDUM
Allan Ekberg, Mayor
Jack Pace, Director
TO: Community Development & Neighborhood Committee
FROM: Jack Pace, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
DATE: June 25, 2019
SUBJECT: BHC Consultants plan review and inspections services
ISSUE
The current $20,000.00 signature contract with BHC Consultants, for plan review and inspections services,
is near fulfillment. A contract amendment with a not to exceed amount of $80,000.00, through the 2019-
2020 budget is needed.
BACKGROUND
Reid Middleton, the City's long-time structural plan review consultant, performed the structural design for
Showalter Middle School 20,000 sq. ft. addition and remodel. In order to prevent a conflict of interest we
contracted with BHC Consultants to plan review Reid Middleton's work. Shortly thereafter, plans for Fire
Station 51, Fire Station 52, The Justice Center, and twenty-five (25) plus permits for Shasta Beverage
Company's new industrial machinery systems were submitted for review. All plans were sent to BHC
Consultants for structural and non-structural plan review to expedite the permit review process.
DISCUSSION
With the ever-increasing pace of permit activity, should council approve a contract amendment for BHC
Consultants for structural and non-structural plan review services to help with the Permit Center workload
and expedite the permit review process. Currently the Permit Center has many highly technical, complex
commercial and industrial projects in view. Having a consultant with expertise in many specialized fields
from Sewer System Analysis and Design, to Seismic Engineering, to Fire Plan Review and Inspection, is
needed to ensure the projects are in compliance with all codes and safe for our citizens.
FINANCIAL IMPACT
$80,000.00 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 inspection services.
RECOMMENDATION
Staff recommends the amendment to BHC Consultants contract be placed on the July 15, 2019 Regular
Meeting Consent Agenda.
ATTACHMENTS
-Contract Amendment
-Original Contract 18-179 for plan review and inspections services of BHC Consultants
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Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City ofTukwila and E]HC Consu|tants, LLC
That portion ofContract No. 2.Compensation and Method ofPaynoent.between the City
of Tukwila and BHC Consultants, LLC is hereby amended as follows:
Section 2: ConnpeDa3diOD and Method of Payment. The City ohoU pay the Contractor for
services naDd8[8d according to the rate and On8Ulod set forth on Exhibit B attached hereto
and incorporated herein bythis reference. The total @DlOUOtfO[this contract shall not exceed
$80,000.00.
All other provisions of the contract shall remain in full force and effect.
Dated this
day of 120
CITY OFTUKVV|LA CONTRACTOR
Allan Ekberg, Mayor Printed Name: Ron Dorn, President
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviscd December 2016
Page |oJl
19
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
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
optional municipal code city hereinafter referred to as "the City," and BHC Consultants, hereinafter
referred to as "the Contractor," whose principal office is located at 1601 Fifth Avenue Suite 500 Seattle.
WA 98101,
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 $20,000.00.
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
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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.
B. 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.
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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 RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The 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.
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.
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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 98'188
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.
CITY OF TUKWILA CONTRACTOR
DATED this day of , 2018.
Jack Pace, Director Department of
Community Development
Printed Name and Title: Ron Dorn, President
Address: BFIC Consultants
1601 Fifth Avenue Suite 500
Seattle, WA 98101
w\w.bI1cC0»SLIltrillUS.0011I
206-505-3400
CA Revised December 2016 Page 4 of 4
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EXHIBIT A
SCOPE OF WORK
1. PLAN REVIEW
A. BHC Consultants will review plans submitted with building permit applications for structural
and nonstructural code compliance in accordance with the currently adopted construction
codes as adopted and amended by the State of Washington and City of 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 the code(s).
B. The services to be performed by BHC will not begin until receiving authorization from the
City that identifies the specific tasks to be performed.
C. BHC will not perform plan mark ups, make any complex structural changes on the plans, or
make any changes that directly contradict other information on the plans. Significant changes
must be made by or under the direction of the applicant's design professional. All notes and
details must be on the approved permit set of plans.
D. If corrections or additions are required, BHC will write a review letter addressed to the City
and/or applicant. The City will then send BHC's review letter, along with any additional City
requirements, to the applicant. The correction letter will indicate to the applicant that they are
required to submit the revisions/additions to the City per the submittal requirements for the
permit type under review.
Upon completion of the plan review, BIiC will indicate that the drawings have been reviewed
and found to be in substantial compliance with applicable construction codes and ordinances.
BHC's name, and date of compliance will be affixed to each sheet up to two sets of drawings
or as otherwise requested by the City. The plan reviewer's signature will also be affixed to the
cover sheet.
G. Complete reviews will include structural, nonstructural, accessibility, energy, and ventilation
requirements. Partial reviews will be indicated as either structural or nonstructural or as
mutually agreed upon.
2. PROCESS
b Citytherightdetermine+, o p ofWork theConsultant.
The reserves to the process and method y
At its sole option, the.Ci.ty will determine if it wishes to contract with the Consultant on a
time and materials basis or a percentage basis.
The City will determine which plans are to be reviewed by BHC.
C. The City will intake, track and process the permit applications and all revisions per current
building and permit administration procedures.
D. BHC will be responsible for the expedited transportation of permit review documents to the
City. The City will be responsible for the expedited transportation of permit review
documents to BHC.
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E. BHC will complete the initial review and will have either approved the application and
notified the City of approval or contacted the applicant and/or the City with corrections
within the time frames listed below:
Typical Review Times:
Project Type
I
Initial Review
Re -Review
Single -Family
I
10 days (2 weeks)
5 days (1 week)
Multi -Family
I
15 days (3 weeks)
10 days (2 weeks)
Commercial
I
20 days (4 weeks)
15 days (3 weeks)
Turn -around time for large, complex and non -typical types of permit applications is to be
negotiated and agreed upon in writing by both parties.
F. BHC will review any revisions or additional information and will either indicate compliance
with the code(s) against which it was checked and notify the City of compliance, or if the
drawings are still not complete, contact the applicant and/or the City with additional revision
requests within the time frames specified above.
The typical review times as noted above may be negotiated based on the number and/or
complexity of projects the City wishes to send to BHC at one time or within a short window
of time. BHC shall request revisions to estimated target date after consultation with the City.
4. BUILDING INSPECTIONS
A. Consultant will provide a certified building inspector to perform the following services; and
B. Upon authorization by the City, inspector will perform building inspection work for the City.
C. At the request by the City, the inspector shall be asked to perform one or more of the following
inspection tasks:
1. 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 in accordance with the currently adopted
International Codes, Washington State Building Code (WAC 51-50 and 51-51), and energy
code (WAC 51-11), and the applicable City Building Codes, except that inspector will confer
with the Building Official or his/her agent on any portion of the review that specifically
requires an approval of the Building Official under the applicable Code(s), or that involves an
unusual interpretation.
E. Inspections will be done in accordance with codes, ordinances and regulations in effect and
will be performed in a courteous and professional manner. Up-to-date records of inspection
status will be maintained on the job card in the field and on the office copy of the permit.
The City shall guarantee a minimum of four (4) hours inspection work each day inspection
services are provided.
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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 BHC. The plan review fee shall be based on
the fees charged by resolution for the City.
Commercial and Multi -Family
Percentage of 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 $5,000,001 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%
Sinele Family Projects
Complete Plan Review
75% of Plan Review Fee
Partial Plan Review (structural
only or nonstructural only)
50% of Plan Review Fee
I.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 Billing 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.
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2. HOURLY LABOR RATES SCHEDULES
Classification Hourly Rates
Building Inspector (Combination) $85
Electrical Inspector $90
Plan Checker I (hourly charges) $150
Plan Reviewer II - Structural $175
Civil/site plan review (P.E.)' $150
Principal Consultant (Building Official) $150
Administration assistance/Clerical $75
Overtime Services: 150% of Above Rates Shown
(No overtime will be charged without prior written authorization by the City.)
These rates are effective throughout the term of this contract.
On -call and other services will be provided as desired by the City and agreed upon by BHC in
writing by both parties on a time -and -expense basis using an hourly rate identified in Schedule B.
REIMBURSABLE EXPENSES
Travel will be reimbursed for time and mileage at the current IRS mileage reimbursement rate.
For all "on call" inspection and added services, mileage may be billed portal to portal at current IRS rate.
No further reimbursable expenses are included in this contract.
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