HomeMy WebLinkAboutPCD 2022-11-07 Item 1B - Contract - 2023-2024 Structural Plan Review with Reid MiddletonTO:
FROM:
BY:
City of Tukwila Allan Ekberg, 11
Nora Gierloff, Director
INFORMATIONAL MEMORANDUM
Planning & Community Development Committee
Nora Gierloff, Director of the Department of Community
Development Jerry E Hight, Building Official
CC: Mayor Ekberg
DATE: November 7, 2022
SUBJECT: Contract with Reid Middleton Inc. for structural plan review services
ISSUE
Should council approve a contract to continue current plan review and inspection services with Reid
Middleton Inc. with a not to exceed amount of $150,000.00 through the 2023/2024 budget. A new contract
is needed because the current contract with Reid Middleton Inc. expires on 12/31/2022.
BACKGROUND
Due to the ongoing permit activity and larger projects such as Vietnamese Martyrs Church [$6 mil
(valuation), 64,118 sq ft remodel and addition] Blue Pearl Tukwila Pet Hospital [$5 mil (valuation), 16,348
sq ft Interior Build -out / Interior Addition], CenterPoint Warehouse [$39 mil (valuation), 414,528 sq ft tilt -up
shell building], with ongoing permits from Boeing and Westfield Mall, it will be necessary to continue to
have this outside review and inspection service.
DISCUSSION
Due to the current vacancies, staff is unable to dedicate the time required to review and inspect certain
large projects. The Building Division has previously contracted our plan review and inspection services
successfully with Reid Middleton Inc.
FINANCIAL IMPACT
$150,000.00 for professional service until the end of the 2023/2024 budget. With the ongoing permit
activity and larger projects for permits the amount of fees collected will cover the outside plan review and
inspections cost. The 2023/2024 budget will reflect the consultant's ongoing review cost as well as the
ongoing permit revenue.
RECOMMENDATION
Staff recommends the contract for Reid Middleton Inc. plan review and inspections services be placed on
the November 21, 2022, Regular Council, Consent Agenda for approval.
ATTACHMENTS
Contract for Reid Middleton Inc. plan review and inspections services.
Exhibit A Scope and Schedule of Services
Exhibit B Schedule of Charges
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
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 Reid Middleton 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 structural plan
review and inspections services for compliance with Washington State and Tukwila adopted
codes.
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 1/2/2023 and ending on 12/31/2024, 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 12/31/2024 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 $150,000.00 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.
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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.
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
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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
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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:
Reid Middleton, Inc.
728 134th Street SW, Ste. #200
Everett, WA 98204
Invoices are to be sent to the Building Official at the following address:
Building Official
City of Tukwila
6300 Southcenter Boulevard #100
Tukwila, WA 98188
CA revised May 2020
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Page 4
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.
DATED this day of , 20
CITY OF TUKWILA CONSULTANT
By C).J A<,
Allan Ekberg, Mayor
Printed Name: Paul Crocker
Title: Principal
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
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EXHIBIT "A"
CITY OF TUKWILA 2023-2024
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.
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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.
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Reid Middleton, Inc.
Exhibit "B" Schedule of Charges
Effective January 1, 2023 through December 31, 2024
I. Personnel Hourly Rate
Principal $ 240.00 - $ 275.00
Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor $ 215.00 - $ 255.00
Associate $ 200.00 - $ 215.00
Senior Engineer/Senior Planner/Senior Surveyor $ 185.00 - $ 200.00
Project Engineer/Project Designer/Project Surveyyor/Project Planner $ 165.00 - $ 185.00
Design Engineer/Designer II/Design Technician/ Survey Crew Chief/
Technical Writer II/ Graphic Designer II $ 145.00 - $ 165.00
Designer I/Planner/CAD Technician II $ 130.00 - $ 145.00
Project Administrator $ 125.00 - $ 130.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 100.00 - $ 125.00
Survey Crew
Survey Crew
Survey Crew
1 Person/RTK/Robotic/Scanning $ 150.00
2 Person/RTK/Robotic/Scanning $ 205.00
3 Person/ RTK/Robotic/Scanning) $ 257.00
Expert Witness/Forensic Engineering 1.5 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 $ 0.625/mile
Local Mileage - Survey Truck $ 0.625/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 of these costs 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:\FORMS\EXHIBITS\2022-A.doc (sla 06/07/22)
Reid iddleton
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