HomeMy WebLinkAbout21-072 - Reid Middleton, Inc - Structural Plan Review ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 21-072
Council Approval 4/5/21
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.
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.
. 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.
1111 ' I*10 *
2. . 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 150 000.00.
3....................i.,. 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. • • lo . This Agreement shall be in full force and effect for a period commencing
2021, and ending December 31, 2022, unless sooner terminated under the provisions
hereinafter specified.
5. . 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.
6. 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, to the extent caused, in whole or in part, by the intentionally wrongful,
reckless, or negligent acts, errors, or omissions in the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
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 GeneralLiabilityinsurance with limits no less than $2,000,000 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' Comppnsatior7,,coverage as required by the Industrial Insurance laws of the State of
Washington.
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 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
of not Tess than A: VII.
E. 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.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. 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.
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. fir n ;", , a , h , „ �• 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. *� �r� �.n,. 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. � ""��;sl. 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. ° �� 6 x , �. �`�:;rt. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13 r ,, a ; � ` g. 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.
CA Revised May 2020 Page 3 of 4
14. . 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. 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 7th day of May
CITY OF TUKWILA
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AIIan Ekberg, Mayor
05/07/2021
ATTEST/AUTHENTICATED:
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City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
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Office of the City Attorney
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CONTRACTOR
By
Printed Name and Title: Corbin M. Hammer, Principal
Address: Reid Middleton, Inc.
728 134th Street SW, Suite 200
Everett, WA 98204
Page 4 of 4
EXHIBIT "A"
CITY OF TUKWILA 2021-2022
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 final 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.
The City, in entering into this agreement, does not guarantee that any services will be
requested not 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 re 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.
Reid Middleton, Inc.
Exhibit "B" Schedule of Charges
Effective January 1, 2021 through December 31, 2022
Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule
below unless another method of compensation has been expressed in the written agreement.
I. Personnel
Hourly Rate
Principal $ 225.00 - $ 260.00
Principal Engineer/Principal Plarmer/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 - $ 180.00
Design Engineer/Designer II/Design Technician/Survey Crew Chief/
Technical Writer I1/ Graphic Designer II $ 115.00 - $ 140.00
Designer I/Plarmer/CAD Technician II $ 105.00 - $ 125.00
Project Administrator $ 100.00 - $ 120.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 95.00 - $ 115.00
Survey Crew (1 Person/RTK/Robotic/Scanning) $ 140.00
Survey Crew2 Person/RTK/Robotic/Scanning) $ 190.00
Survey Crew (3 Person/ RTK/Robotic/Scanning) $ 240.00
Emergency Structural Engineering 1.2 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 $ 0.575/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 in 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 determines, in its discretion, to
advance any ofthesecosts 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\2020-A.doc (sla 6/24/20)
Reid
iddletan