HomeMy WebLinkAbout20-060 - Cooper Zietz dba Akana - On-Call Development Review ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 9
Agreement Number: 20-060(a)
Council Approval 10/5/20
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Cooper Zietz Dba Akana
That portion of Contract No. 20-060 between the City of Tukwila and Cooper Zietz Dba Akana is
hereby amended as follows:
Section 2:
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A-1" attached hereto, including the provision of all labor, materials, equipment and
supplies.
Section 4:
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A-1" using the billing voucher on Exhibit "B-1" attached hereto, provided that the total
amount of payment to the Consultant shall not exceed $100,000 without express
written modification of the Agreement signed by the City.
The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payme t shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for
a period of three (3) years after final payments. Copies shall be made available upon
request.
CA Reviewed May 2020
1/2
Page 1 of 2
City of Tukwila Agreement Number: 20-060(a)
6200 Southcenter Boulevard, Tukwila WA 98188
All other provisions of the contract shall remain in full force and effect.
Dated this 4th day of
CITY OF TUKWILA
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November , 20 20
AIIan Ekberg, Mayor
11/04/2020
CONTRACTOR
DigitalVy sugried by 1erbert J, Fricke
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Herbert J. Fricke 0.,Akana, OU=President,, CNI." hiertnert
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Date:: 2020 ,09 11 16:4114-0TM'
Printed Name:_Herb Fricke, PE, President
ATTEST/AUTHENTICATED APPROVED AS TO FORM
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Christy O'Flaherty, MMC, City Clerk
CA Reviewed May 2020
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Office of the City Attorney
Page 2 of 2
EXHI IT A-1
Scope of Services
The purpose of this on-call contract is to support the City of Tukwila with review and inspection
services associated with franchise utility permit applications, general devel*pment review, and
inspections. This work will be conducted on as -needed basis up to the budget allowances
assigned for this project The Consultant will not proceed with a task until authorized by the City.
The anticipated scope of services includes, but is not limited to:
• Review and approval of franchise utility permit application to ensure compliance with
City standards
• Obtain training and City laptop for use of Trakit software input
• Inspection of work done by franchise utilities after permit application is issued
• Close out of franchise utility permit applications after verifying that all permit conditions
comply with the City standards
• Review of general development permit applications
• Other review and inspection services as directed by the City
Work on on-call contracts will be on as -needed basis, and the Consultant understands the City
does not guarantee any minimum amount of work. The Consultant will be authorized to perform
work under this contract by issuance of a written task order executed between the City and
Consultant Each task order will identify the Scope of Work to be performed, the period of
performance, and the not -to -exceed amount
Budget
The Consultant will perform the work described herein on a direct labor costs and material basis
at a not -to -exceed budget of $100,000 which 39,000 has already been contracted in accordance
with the direct hourly rates shown below:
Project Manager/Resident Engineer $250/hour
Resident Engineer $190/hour
Assistant Resident Engineer $132/hour
Inspector $133/hour
Project Assistant $120/hour
Reimbursables will be billed at actual costs Mileage billed at the current approved IRS mileage
rate
Staffing will be determined by the Consultant based on specific project needs. The Consultant
shall provide notification and receive written approval prior to exceeding the approved project
budget.
Expenses and sub -consultants will be paid by invoice with no mark-up.
EXHIBIT ``B-1"
Billing Voucher
To: City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Contractor: Telephone:
Mailing Address:
Specific Program;
Contract Period: Reporting Period:
Amount Requested This Invoice:
Invoice Number: Date of Invoice:
Authorized Signature
Budget Summary:
Total Contract Amount
Previous Payments:
Current Request:
Total Requested This Contract to Date
Total Contract Amount:
20-060
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Cooper Zietz Dba Akana, hereinafter referred to as "the Consultant",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform development
review and support services in connection with the City's ongoing review and approval of
development permits.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement: Time for Performance. This Agreement shall be in full force
and effect for a period commencing upon execution and ending December 31, 2021.
unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to proceed.
The Consultant shall perform all services and provide all work product required pursuant
to this Agreement no later than December 31, 2021 unless an extension of such time is
granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as foliows:
A. Payment for the work provided by the Consultant shall be made as provided on
Exhibit ''B" attached heneto, provided that the total amount of payment to the
Consultant shall not exceed $38.000 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the prject completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work pedorrned,
services renderad, and for all nnaterin|m, supp|ies, equipment and incidentals
necessary to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for
a period ofthree (3) years afterfinal payments. Copies shall be made available upon
request.
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5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with the Consultant's endeavors. The Consultant shall not be responsible for
any use of the said documents, drawings, specifications or other materials by the City on
any project other than the project specified in this Agreement.
Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in 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
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Consultant'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.
8. Insurance. The Consultant 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 Consultant, its
agents, representatives, or employees. Consultant's maintenance of insurance as
required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 $2,000,000
each occurrence, $2,000,000 general aggregate. Commercial General
Liability insurance shall be at least as broad as ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop -gap
independent contractors and personal injury and advertising injury. The City
shall be named as an additional insured under the Consultant's Commercial
General Liability insurance policy with respect to the work performed for the
City using an additional insured endorsement at least as broad as ISO
endorsement form CG 20 26.
Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and
$2,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains
higher insurance limits than the minimums shown above, the Public Entity shall be
insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Contractor, irrespective of whether such limits maintained
by the Contractor are greater than those required by this Contract or whether any
certificate of insurance furnished to the Public Entity evidences limits of liability lower
than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant'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 Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant 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
Consultant shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors'
coverage.
F. Notice of Cancellation. The Consultant shall provide the City 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 Consultant 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 Consultant 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 Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect
to the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warrant, the City shall have the right to annul this contract without liability,
or in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
11. Discrimination Prohibited. Contractor, 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. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten ( 0)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of
this Agreement between surviving members of the Consultant and the City, if the City
so chooses.
1 5. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any
action arising from or related to this Agreement shall be exclusively in King County
Superior Court,
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Jeff Faunce
345 118 Ave SE suite 130
Bellevue Washington 98005
18. Entire Agreement; Modification. This Agreement, together with attachments or
addenda, represents the entire and integrated Agreement between the City and the
Consultant and supersedes all prior negotiations, representations, or agreements written
or orai. No amendment or modification of this Agreement shall be of any force or effect
unless it is in writing and signed by the parties.
DATED this 22nd day of
CITY OF TUKWILA
C-4(7_,~ ..65e/cg
Key: 10,0,11c14,1,191,03,3a1,21,17,1
Allan Ekberg, Mayor
AttestiAuthenticated:
Oh4.€4—e-9 C-_,677(cth&,9
3,002,0,0,22M
July
CONSULTANT
Printed Name: *7-7
C r- :
20 20
Approved as to Form:
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City Clerk, Christy O'Flaherty Office of the City Attorney
EXHIBIT A
Scope of Services
The purpose of this on-call contract is to support the City of Tukwila with review and inspection
services associated with franchise utility permit applications and general development review.
This work will be conducted on as -needed basis up to the budget allowances assigned for this
project. The Consultant will not proceed with a task until authorized by the City.
The anticipated scope of services includes, but is not limited to:
• Review of general development and land use permit applications
• Review and approval of franchise utility permit application to ensure compliance with
City standards
• Other review and inspection services as directed by the City
Work on on-call contracts will be on as -needed basis, and the Consultant understands the City
does not guarantee any minimum amount of work. The Consultant will be authorized to perform
work under this contract by issuance of a written task order executed between the City and
Consultant. Each task order will identify the Scope of Work to be performed, the period of
performance, and the not -to -exceed amount.
Budget
The Consultant will perform the work described herein on a direct labor costs and material basis
at a not -to -exceed budget of $39,000 in accordance with the direct hourly rates shown below:
Title Rate
Staff
Project Manager/Resident Engineer
Resident Engineer
Assistant Resident Engineer
Inspector
Project Assistant
$235/hour
$175/hour
$132/hour
$133/hour
$120/hour
Jeff Faunce
Rob Sutton
Rachel Speer/Tara Burnham
T D
Selena Pa!amides
Reimbursables will be billed at actual costs. Mileage billed at the current approved IRS mileage
rate.
Staffing will be determined by the Consultant based on specific project needs. The Consultant
shall provide notification and receive written approval prior to exceeding the approved project
budget.
Expenses and sub -consultants will be paid by invoice with no mark-up.
190s,
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
EXHIBIT "B"
Billing Voucher
To: City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Contract Number:
Contractor: Telephone:
Mailing Address:
Specific Program:
Contract Period: Reporting Period:
Amount Requested This Invoice:
Invoice Number: Date of Invoice:
Authorized Signature
Budget Summary:,
Total Contract Amount:
Previous Payments:
Current Request:
Total Requested This Contract to Date
Total Contract Amount:
$