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HomeMy WebLinkAbout21-107 - Shannon and Wilson Geotechnical and Environmental Consultants - Geological Hazards ReviewCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 21-107 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 Shannon and Wilson , hereinafter referred to as "the Contractor," whose principal office is located at 400 North 34th St., Suite 100, Seattle, WA 98103 . 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: . 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 $10,000.00 at a rate of 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 Aareement. This Agreement shall be in full force and effect for a period commencing July 16 , 20 21, and ending July 16 , 2022, 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. 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 negligent or wrongful performance or nonperformance 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 General Liability insurance 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' Compensation 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 less 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. 8. Record Keeaina and Reaortina. 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 Aareement: 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. CA Revised May 2020 Page 3 of 4 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 21 day of July 2021 CITY OF TUKWILA CONTRACTOR Key: aareElboSa.a,c171.0132aaer11,95 Digitally signed by Martin age Martin Page PDate: 2021.07.20 15:33:24 -0700' By: Nora Gierloff, Director Printed Name and Title: Martin Page Vice President Address: 400 North 34th Suite 100, Seattle, CA Revised May 2020 Page 4 of 4 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services to the City of Tukwila on an as -needed basis for geologic hazards review on development applications submitted to the City. The City shall authorize in writing the specifications and the scope of review to be completed by the Consultant. The Consultant will provide a cost estimate based on that scope. Review services may include site investigation; review of permit documents, plans, and reports; and recommendations to achieve compliance with: • City of Tukwila Zoning Code, Chapter 18.45 Environmentally Sensitive Areas • City of Tukwila Critical Areas Maps • 2014 DOE Stormwater Manual • City of Tukwila Chapter 14.30 Surface Water Management • City of Tukwila Infrastructure Design and Construction Standards The Consultant shall prepare a letter -style report addressed to the City's project manager, describing review findings, which may include, but not be limited to, the following tasks: 1. Determine if suspected areas meet the City's definition of a steep slope, erosion and sedimentation hazard area, landslide hazard area and/or seismic hazard (involves site reconnaissance, review of topographic survey information by others, soils and groundwater investigation and written report to planner). 2. Recommend buffer widths for geologic hazards in accordance with geotechnical engineering BMPs and the City's regulations. 3. Prepare geotechnical reports that assess potential impacts and recommend mitigation (or recommend denial of proposals) of various development scenarios within geologic hazard areas. 4. Developing foundation, drainage, slope stabilization, and erosion sedimentation control recommendations based on geotechnical exploration and analysis. 5. Develop monitoring and maintenance plans for construction activities permitted in geologic hazard areas (involves both field visits and completion of annual monitoring reports). Assist in preparing contingency plans if goals are not met. This may include assistance with selection and management of maintenance if the City has to assume maintenance responsibility for a site. 6. Verify the correctness or adequacy of work similar to that described above that has been prepared by a consultant hired by a permit applicant i.e., perform "Third Party" review. 7. Represent the City at hearings related to review of a proposal, if needed. 8. Assist the City in reviewing projects with impacts to erosion, landslide and seismic areas and associated buffers under the State Environmental Policy Act (SEPA). 9. Assist the City in determining costs associated with proposed slope rehabilitation, enhancement, or mitigation work. 10. Assist the City in interpreting and implementing regulations related to erosion, landslide and seismic hazards by providing engineering expertise, as necessary. 11. Coordinate with other Qualified Professionals for protection of critical areas. Geotechnical services will be billed at the rates as denoted on the following rates page. 1 SHANNON WILSON EXHIBIT B NNWGEQTEQHNIQAL AND ENVIIRQNMENTAL QQN$µ1LTANTS 2021 FEE SCHEDULE Fees for Professional Services Officers/Associates Senior Vice President $260.00/hr. Vice President $260.00/hr. Senior Specialist as quoted Senior Associate $215.00/hr. Associate $190.00/hr. Engineering/Geology/Hydrology/Environmental Senior Professional III $175.00/hr. Senior Professional II $160.00/hr. Senior Professional I $145.00/hr. Professional IV $130.00/hr. Professional III $115.00/hr. Professional II $105.00/hr. Professional I $95.00/hr. Field and Lab Technician/Drafter/Technical Assistant Regular Overtime Senior Technical Services (Senior, IV) $130.00/hr $160.00/hr. Technician Services (III, II, I) $85.00/hr $105.00/hr. Word Processing/Reproduction/Records/Clerical Regular Overtime Senior Office Services (Senior, V, IV) $115.00/hr. $145.00/hr. Office Services (III, II, I) $75.00/hr $95.00/hr. Special Services Computer Analyst $215.00/hr. Instrumentation Specialist $155.00/hr. Expert Testimony Hourly rates will be doubled for time spent actually providing expert testimony in court or depositions. Reimbursable Expenses Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15%. Examples include, but are not limited to, expenses for out-of-town travel and living, information processing equipment, instrumentation and field equipment rental, special fees and permits, premiums for additional or special insurance where required, telecommunication charges, local mileage and parking, use of rental vehicles, taxi, reproduction, local and out-of-town delivery service, express mail, photographs, laboratory equipment fees, shipping charges, and supplies. I: \ GROUPS \ Typing \ Templates \ 2021 \ 2021 -GH Seattle Bill Rates.docx