HomeMy WebLinkAbout21-036 - Shiels Obletz Johnsen, Inc - Project Management Services: Tukwila International Blvd. Neighborhood Teen/Senior CenterDocuSign Envelope ID: BC6C950D-06F2-46AB-912F-09A55F4BEC1 F
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-036(a)
Council Approval 5/24/21
CONTRACT FOR SERVICES
Amendment No. 1
Between the City of Tukwila and Shiels Obletz Johnsen, Inc.
That portion of Contract No. 21-036 between the City of Tukwila and Shiels Obletz
Johnsen, Inc. is hereby amended as follows:
Section 1 Project Designation: The Consultant is retained by the City to perform Project
Management services in connection with the project titled Tukwila Intergenerational Teens
and Senior Center Project.
Section 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.
Section 4 Payment. The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
Payment for the work provided by the Consultant shall be made as provided on Exhibit "A"
attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $133,644 (including estimated expenses) without express written modification of
the Agreement signed by the City. The total fee for additional services related to
Amendment No. 1 are $94,380.
All other provisions of the contract shall remain in full force and effect.
Dated this 16th day of June , 2021
CITY OF TUKWILA
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Allan Ekberg, Mayor
CONSULTANT
DocuSigned by:
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06/16/2021 Brad Tong, Managing Director
ATTEST/AUTHENTICATED
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Christy O'Flaherty, MMC, City Clerk
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APPROVED AS TO FORM
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Office of the City Attorney
Page 1 of 1
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May 1, 2021
Rachel Bianchi
Deputy City Administrator
6200n Southcenter Blvd.
Tukwila WA 98188
Project: Tukwila International Blvd. (TIB) Neighborhood Teens and Senior Center (TSC)
Project
Subject: Proposal for PHASE II — Contract amendment for Public Outreach, Programming
and Feasibility study management
Dear Rachel:
SOJ is please to submit our contract amendment proposal to continue to assist with the new
City of Tukwila's TIB Neighborhood Teens and Senior Center project, as described below.
Fee
$94,380 for continued management of project progress, schedule, assistance with public
outreach process by the City of Tukwila and McGranahan Architects, including the site selection
process management. Please see the estimated staffing levels showing the total amount of
$144,380 on the attached spreadsheet. In addition, SOJ is pleased to inform you that our firm is
committed to contributing our Pro Bono hours ($50,000 worth) toward realizing the authentic
community engagement that will help inform the TSC project. Our existing contract amount is
$39,264, and this proposed amendment of $94,380 will bring the new total contract amount to
$133,644.
Duration
We are forecasting that this proposal covers our efforts from April 2021 through January 2022
closely adhering to the current project schedule to complete the work by end of this year.
[-X11-101111111 A
Scope of Services
PHASE II scope of services will include:
• Manage and update project schedule for the public outreach and project programming
efforts over the next 8 or 9 months.
• Assist with refining approaches to public outreach to ensure community voice leads
design and program direction.
• Assist with website design and management of regular updates to content.
• Assist with public site selection process and reporting to the council of progress.
• Manage the A/E team's performance throughout the project duration.
• Oversee program development and feasibility analysis and assist with presentation to
council.
We appreciate your consideration of the above and look forward to your response.
Sincerely,
Justine Kim
Partner / SO1
Cc: File
Tt5VACghborhood Teens and Senior Center - Public Outreach and Programming
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Justine Kim Est Hours
Billing Rate: $232/hour
Ben Franz -Knight Est Hours
Billing Rate: $227/hour
Adam Strutynski Est. Hours
Billing Rate: $152/hour
Paige McGehee Est. Hours
Billing Rate: $83/hour
Matt Strutynski Est. Hours
Billing Rate: $80/hour
Equivalent FTE:
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Pro Bono Credit:
Contract Amendment:
DocuSign Envelope ID: 6997585B-9E11-47EF-9D86-AFDB31 E058C8
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-036
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 Shiels Obletz Johnsen (SOJ), 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 Project
Management services in connection with the project titled Tukwila Intergenerational Youth
and Senior Center Project.
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, 2022, 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, 2022 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 follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A" and "B" attached hereto, provided that the total amount of payment to the Consultant
shall not exceed $39,264 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 project 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 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.
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
1/1
DocuSign Envelope ID: 6997585B-9E11-47EF-9D86-AFDB31 E058C8
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.
6. 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.
3. 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.
CA revised May 2020
Page 2
DocuSign Envelope ID: 6997585B-9E11-47EF-9D86-AFDB31 E058C8
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,
CA revised May 2020
Page 3
DocuSign Envelope ID: 69975858-9E11-47EF-9D86-AFDB31 E058C8
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 (10)
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.
15. 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:
Justine Kim
Shiels Obletz Johnsen, Inc.
101 Yesler Way, Suite 606
Seattle, WA 98104
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 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.
CA revised May 2020
Page 4
DocuSign Envelope ID: 69975856-9E11-47EF-9D86-AFDB31 E058C8
DATED this 3rd day of March , 20 21
CITY OF TUKWILA CONSULTANT
C7/(Leu 6A-Ge/cg
Allan Ekberg, Mayor 03/03/2021
By:
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Printed Name: Brad Tong
Title: Managing Director
Attest/Authenticated: Approved as to Form:
Key: J.1c0,07ffiSSEAlclaclUe7c1.2,2atlfaIDO Key: 1,a,Jaf017c1f95,PlaocIJ.2760clebb.
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
EXHIBIT A
December 7, 2020
Rachel Bianchi
Deputy City Administrator
6200n Southcenter Blvd.
Tukwila WA 98188
Project: Tukwila International Blvd (TIB) Neighborhood Teens and Senior Center Project
Subject: Proposal for PHASE I - procurement of project team, preliminary project schedule,
identifying program partner possibilities
Dear Rachel:
SOJ is please to submit our proposal to assist with the new City of Tukwila's TIB Neighborhood Teens
and Senior Center project, as described below.
Fee
$39,264 for initial establishment of project schedule, assistance with procurement of the project partners,
strategic partnership exploration, as well as community outreach outline establishment assistance
services billed on an hourly not to exceed basis, including reimbursable expenses such as parking, copies
and other direct costs as needed to complete work. Please see the estimated staffing levels shown on the
attached spreadsheet. Total proposed contract amount for PHASE I is $39,264, including a total cost of
$1,500 in reimbursable expenses.
Duration
We are forecasting that this proposal covers our efforts from December 2020 through February 2021 and
will be able to amend the contract through the end of 2021, when the scope and schedule of the project
becomes more defined.
Scope of Services
Initial PHASE I scope of services will include:
• Establish the overall project schedule to outline the public outreach and project
programming efforts over the year 2021.
• Assist with defining approach to public outreach to ensure community voice leads
design and program direction.
• Identify potential partners in youth program development including job training, higher
education pathways.
• Assist with identification of potential Senior Center program partners and assess
opportunities/challenges presented by integrated Senior/Youth facility.
• Identify potential funding sources, public and private, to support project development,
construction, and program implementation.
• Assist with development of RFP's for public outreach/public engagement and
design/program development teams.
• Assist with selection process of the design/program teams.
We appreciate your consideration of the above and look forward to your response.
Sincerely,
jite0K-.
Justine Kim
Partner / SOJ
Cc: File
EXHIBIT B
Tukwila Intergenerational Youth/Senior Center - Public Outreach and Programming / Phase I
TOTAL PROJECT VALUE (YOE$):
Rates are 2021$
Justine Kim
Billing Rate: $232/hour
Ben Franz Kinght Est Hours
Billing Rate: $227/hour
Adam Strutynski Est. Hours
Billing Rate: $152/hour
Paige McGehee Est. Hours
Billing Rate: $83/hour
Matt Strutynski Est. Hours
Billing Rate: $80/hour
Equivalent FTE:
Reimburseable Expenses
2021$ Rates
$ 232
$ 227
$ 152
$ 83
$ 80
PHASE I
Hours
Dollars
36
U
N
0
subtotal hours
2020
N
G
-,
Feb
$ 1,216
12
12
12
12
32
32
36
36
0
0
4
4
12
12
12
12
4
4
8
8
0.3 0.4 0.4
$500 $500 $500 '
2021$ Rates
$ 232
$ 227
$ 152
$ 83
$ 80
PHASE I
Hours
Dollars
36
$ 8,352
104
$ 23,608
8
$ 1,216
36
$ 2,988
20
$ 1,600
204
eimburseables $ 1,500
204 I '$ 39,264,