HomeMy WebLinkAbout22-058 - Otak, Inc - Flood Plain ReviewsCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 22-058(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Otak, Inc.
That portion of Contract No. 22-058 between the City of Tukwila and Otak, Inc. is
hereby amended as follows:
Section 3 — Time Extension:
Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect fora period commencing upon execution and ending 12/ 31/ 2023, 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 12/ 31/ 2023 unless an extension of such time is granted in
writing by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this 26 day of October, 2022 .
CITY OF TUKWILA CONTRACTOR
Hari Ponnekanti, Director of Public Works Printed Name: Tyson Haunsel
CA Reviewed May 2020
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 22-058
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 Otak, Inc. , 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 professional services
in connection with the project titled City of Tukwila Flood Plain Reviews
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 fora period commencing upon execution and ending 12/31/2022 , 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 12/31/2022 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
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $19,932.00 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
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.
CA revised May 2020
Page 2
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.
CA revised May 2020
Page 3
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 (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:
Tyson Hounsel
Otak, Inc.
11241 Willows Road NE, Suite 200
Redmond, WA 98052
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
CA revised May 2020
Page 4
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 5
DATED this 4th day of May
, 2022
CITY OF TUKWILA CONSULTANT
6744 Z7 a eeeZ1,1eL-
Hari Ponnekanti, Director of Public Works
CA revised May 2020
By: �. /e4echaiee.i,
Printed Name: Trista Kobluskie
Title: Senior Stormwater Planner
Page 6
Exhibit A
City of Tukwila
Flood Plain Reviews
Otak Project #33833.100
April 29, 2022
Project Understanding
The City of Tukwila requests professional services for reviewing a development application for compliance with
flood plain and related regulations.
Code Compliance List
■ 16.52, Flood Plain Management
■ 18.45.155, Special Hazard Flood Areas (Floodplain Habitat Assessment)
Overall Project Assumptions
■ The project duration is 5 months.
■ Other critical areas regulated under TMC 18.45, including wetlands, watercourses, geologic hazards, coal
mine hazards, and fish and wildlife habitat conservation areas, will be reviewed by the Department of
Community Development (DCD). Compliance with TMC 18.44 (Shoreline Overlay) will also be reviewed
by DCD.
Scope of Work
Phase 100 Project Management
The purpose of this task is to provide Project Management and Administration services during the project.
Consultant shall:
a. Manage the contract and subconsultant contract(s).
b. Maintain regular communication and attend up to 10 half-hour coordination meetings with the City.
c. Prepare and submit monthly invoices and monthly project status reports. Status reports list activities
completed, and issues/needs.
Phase 100 Assumptions
■ At least one contract amendment is expected.
■ Project management costs would increase if project duration increases.
■ No schedule will be prepared for development review tasks, and the fee does not include creation of a
schedule. If additional tasks require a schedule, it will be included with a future amendment.
Ilpdx-ae-fsO11projlProject133300133383.100108 CorporatelContractslTukwila Flood Plain Reviews Scope of Work 2022-04-
29.docx
City of Tukwila
Flood Plain Reviews
April 29, 2022
Page 2
Phase 200 Flood Plain Development Review
The purpose of this phase is to review an application for the Prose South Center development for compliance with
floodplain and related regulations.
01 Task Management
The Consultant shall organize, manage and coordinate the disciplines required to accomplish this task. The
Consultant shall coordinate its work with efforts performed by City staff and other consultants or contractors. The
Consultant shall provide task management services to facilitate efficient progress on each work order, including:
■ Project team management and coordination.
■ Meeting organization, facilitation and documentation.
■ Communicate task status to Otak's contract Project Manager to include in a monthly progress report.
■ Manage, monitor schedules, and prepare scope and scope changes for work performed under this phase.
02 Flood Plain Review
As directed or approved by the City, Consultant may provide any of the services below:
■ Review applicable codes and document findings.
■ Review the development permit application, including flood zone control permit application or other
applications submitted by the developer for compliance with the City of Tukwila's code sections listed above
as directed by City staff.
■ Obtain relevant information from the Federal Emergency Management Agency (FEMA) or other agencies to
understand site history and technical background of the flood plain designation on the site.
■ Perform site visits to confirm site conditions and adjacent infrastructure related to development applications
when approved by City staff.
■ Attend scheduled meetings and represent the Public Works department in pre -application meetings with
developers to discuss standards and technical elements as directed by City staff or when approved by City
staff.
■ Provide to the City, within three weeks of receipt of plans and supporting documents, plan redlines and written
review comments in a comment review matrix.
■ Respond to comments and inquiries about plan review from City staff, developer's engineers, others as
necessary, or others as directed by City staff.
■ Meet to discuss review comments with City representative and/or development proponents as necessary, or
others as directed by City staff.
■ Perform other incidental engineering services in connection with plan checking when approved by City staff.
■ Research and answer specific questions posed by the City related to approvable development of the property
(e.g. determine definitions of displaced volume for the site pursuant to an existing basement on the site) when
requested by City staff.
■ Review hydrologic or hydraulic models as directed by City staff.
03 Floodplain Habitat Assessment Review
Otak will review the proposed project for consistency with the requirements of the National Flood Insurance
Program's Endangered Species Act (ESA) compliance guidance. This task includes reviewing a Floodplain
Habitat Assessment submitted the applicant, including identifying submittal requirements and information needs
from the applicant to document the City's compliance with the ESA for FEMA.
City of Tukwila
Flood Plain Reviews
April 29, 2022
Page 3
Phase 200 Assumptions
■ Services will be provided when requested in writing (email is acceptable) at agreed hourly rates until the
maximum budget for this phase has been reached.
■ A half-day site visit by one Otak senior engineer and one senior environmental specialist is expected.
■ Up to three rounds of review for the Prose South Center development are anticipated.
■ The budget includes expenses for travel to the Prose South Center site for one site visit and FEMA data
requests up to $600.
City of Tukwila
Flood Plain Reviews
Otak, Inc.
Project 33833.100
4/29/2022
Exhibit B-1
Labor Categories*
Task
Description
CE IX
CE X
Scientist V
Designer IV
Scientist I
PA
Total Hours
Total Budget
by Task
100
Project Management
01
Project Management
10
1
11
$ 2,064
200
Flood Plain Development Review
01
Flood Plain Review
8
40
18
20
12
6
104
$ 17,068
Total Hours
18
40
18
20
12
7
115
$19,132
$800
$19,932
Annualized Billing Rate
$198
$215
$166
$115
$91
$84
Total Labor Cost
$3,564
$8,600
$2,988
$2,300
$1,092
$588
Direct Expenses
Subconsultant Administration
Project Total
* Labor categorie are representative of the staff who may perform the work are are used to deve op a fee estimate.
Staff in different categories may be used depending on availability, promotions, or other considerations. Otak's
current rate schedule is attached as Exhibit B-2.
\\pdx-ae-fs01\proj\Project \33300\33383.100\08 Corporate\Contracts\33383.100 Fee 2022-04-29
Page 1 of 1
4/29/2022
Exhibit B-2
Otak, Inc.
Schedule of Billing Rates
Labor Category
Sr. PIC/ Sr. PM Architecture
PIC/Sr. PM Architecture
Sr. PM - Architecture
Studio Leader
Architect VI
Architect V
Architect IV
Architect 111
Architect II
Architect I
Architectural Tech VI
Architectural Tech V
Architectural Tech IV
Architectural Tech 111
Architectural Tech II
Architectural Tech I
Project Manager/Design
Sr. PIC/Sr. PM Civil
PIC/Sr. PM Civil
Civil Engineer X
Civil Engineer IX
Civil Engineer VIII
Civil Engineer VII
Civil Engineer VI
Civil Engineer V
Civil Engineer IV
Civil Engineer 111
Civil Engineer II
Civil Engineer I
Engineering Designer V
Engineering Designer IV
Engineering Designer 111
Engineering Designer II
Engineering Designer I
Engineering Tech VII
Engineering Tech VI
Engineering Tech V
Engineering Tech IV
Engineering Tech 111
Engineering Tech II
Engineering Tech I
Page 1 of 4
Otak
Billing Rate
293.00
271.00
211.00
208.00
192.00
171.00
153.00
129.00
121.00
107.00
162.00
136.00
109.00
94.00
82.00
73.00
139.00
293.00
254.00
215.00
198.00
177.00
162.00
153.00
143.00
131.00
117.00
106.00
97.00
127.00
115.00
100.00
94.00
84.00
155.00
134.00
123.00
103.00
89.00
77.00
69.00
11102
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Exhibit B-2
Otak, Inc.
Schedule of Billing Rates
Labor Category
PIC/Sr. CM
Construction Manager VI
Construction Manager V
Construction Manager IV
Construction Manager 111
Construction Manager 11
Construction Manager 1
Field Representative VII
Field Representative VI
Field Representative V
Field Representative IV
Field Representative 111
Field Representative 11
Field Representative 1
CM Documentation Specialist 111
CM Documentation Specialist 11
CM Documentation Specialist 1
Sr. PIC/Sr. PM LA/Mst Pln
PIC/Sr. PM LA/Master Plan
Landscape Architect VII
Landscape Architect VI
Landscape Architect V
Landscape Architect IV
Landscape Architect 111
Landscape Architect 11
Landscape Architect 1
Landscape Technician 111
Landscape Technician 11
Landscape Technician 1
PIC/Sr. PM Planner
Sr. PM - Planner 11
Sr. PM - Planner!
Planner IV
Planner 111
Planner 11
Planner 1
Planner Associate IV
Planner Associate 111
Planner Associate 11
Planner Associate 1
Page 2 of 4
Otak
Billing Rate
222.00
207.00
185.00
171.00
154.00
143.00
126.00
171.00
148.00
137.00
112.00
103.00
92.00
85.00
123.00
112.00
97.00
252.00
222.00
189.00
163.00
145.00
131.00
123.00
112.00
97.00
101.00
90.00
75.00
256.00
188.00
173.00
155.00
146.00
131.00
103.00
136.00
104.00
92.00
75.00
Exhibit B-2
Otak
11102
Otak, Inc.
Schedule of Billing Rates
Labor Category Billing Rate
Sr. GIS Specialist - Planner 127.00
GIS Specialist - Planner 114.00
GIS Intern / Planner 88.00
PIC/Sr. PM Urban Design 205.00
Urban Designer V 190.00
Urban Designer IV 171.00
Urban Designer 111 145.00
Urban Designer II 127.00
Urban Designer I 111.00
Sr. Project Director 261.00
Analyst IV 149.00
Analyst III 125.00
Analyst II 107.00
Analyst I 96.00
PIC/Scientist 227.00
Scientist VI 205.00
Scientist V 166.00
Scientist IV 148.00
Scientist 111 129.00
Scientist II 100.00
Scientist I 91.00
Environmental Specialist 140.00
PIC/PLS Sr. Manager 248.00
Professional Land Surveyor V 200.00
Professional Land Surveyor IV 169.00
Professional Land Surveyor 111 153.00
Professional Land Surveyor II 138.00
Professional Land Surveyor I 129.00
Survey Crew Chief 111 127.00
Survey Crew Chief II 105.00
Survey Crew Chief I 95.00
Survey Office Technician 111 106.00
Survey Office Technician II 98.00
Survey Office Technician I 89.00
Survey Field Technician 111 84.00
Survey Field Technician II 80.00
Survey Field Technician I 71.00
Page 3 of 4
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Exhibit B-2
Otak, Inc.
Schedule of Billing Rates
Labor Category
Special Services Consultant
Contract Administrator
Graphics Specialist
Project Coordinator II
Project Coordinator I
Project Admin. Asst
Page 4 of 4
Otak
Billing Rate
241.00
120.00
120.00
143.00
113.00
84.00
10002
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