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HomeMy WebLinkAbout23-067 - Landau Associates, Inc - On-Call Geotechnical Engineering ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-067 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Landau Associates, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Scope of Services. The Consultant agrees to perform on-call geotechnical services ("Services"), identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies on an on-call basis and at the sole written direction of the City. 2. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2025, unless sooner terminated under the provisions hereinafter specified. Services on specific projects under this Agreement shall commence upon written notice by the City to the Consultant to proceed ("Notice to Proceed"). The Consultant shall perform all Services and provide all work product required pursuant to this Agreement within ten (10) days of the Notice to Proceed for a given project unless an extension of such time is granted in writing by the City. 3. 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 Services provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant for any given project shall not exceed $5,000.00 and the total amount of payments made to Consultant under this Agreement shall not exceed $20,000.00, 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 Services for partial payment for that portion of a project that is 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 Services under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for Services performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the Services. 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. {EFM2794152.DOCX;2/13175.000001/ 4. 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. 5. 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. 6. 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. 7. 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 Services 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. The 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 {EFM2794152.DOCX;2/13175.000001/ } April 2023 CA revised Page 2 respect to the Services 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. B. City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 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 Consultant before commencement of the Services. 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. 8. 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. 9. 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 Agreement, 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 {EFM2794152.DOCX;2/13175.000001/ } April 2023 CA revised Page 3 or resulting from the award or making of this Agreement. For breach or violation of this warrant, the City shall have the right to annul this Agreement 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. 10. Discrimination Prohibited. The Consultant, with regard to the Services 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. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12. 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. 13. 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 Services 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. 14. 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. 15. 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. 16. 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: Steven R. Wright, PE Landau Associates, Inc. 155 NE 100th St, Suite 302 Seattle, WA 98125 {EFM2794152.DOCX;2/13175.000001/ } April 2023 CA revised Page 4 17. 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. 18. Effective Date. This Agreement shall become effective upon the latest date it is executed by all parties. CITY OF TUKWILA Docu5igned by: ----D31DC7A7FACl416... Nora Gierloff, DCD Director {EFM2794152.DOCX;2/13175.000001/ } April 2023 CONSULTANT: By: Printed Name: Steven R. Wright Title: Principal CA revised Page 5 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services to the City of Tukwila on an as -needed basis for geotechnical review on applications submitted to the City. For every project, the Consultant shall prepare a scope of review and an associated cost estimate based on that scope. The City shall authorize a Notice to Proceed in writing based on the scope of review and cost estimate prepared and submitted by the Consultant. Review services may include review of permit documents, plans, and reports; site investigation; and recommendations to achieve compliance with the follow regulations as enacted or hereafter amended: • City of Tukwila Chapter 14.30 Surface Water Management • City of Tukwila Chapter 18.45 Environmentally Sensitive Areas • 2021 King County Surface Water Design Manual • City of Tukwila Infrastructure Design and Construction Standards • City of Tukwila Critical Areas Maps The Consultant shall prepare a letter -style report addressed to the City's project manager, describing the Consultant's findings. Additional services that may be requested include, but are not limited to, the following: 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. {EFM2794152.DOCX;2/13175.000001/ } April 2023 CA revised Page 6 EXHIBIT B CONSULTANT FEE SCHEDULE ASSOCIATES COMPENSATION SCHEDULE -2023 Personnel Labor Hourly Rate 335 310 285 260 235 210 190 190 175 160 160 150 135 125 110 95 Senior Principal Principal Senior Associate Associate Senior Senior Project Project GIS Analyst / CAD Designer Senior Staff Staff / Senior Technician 11 Data Specialist CAD / GIS Technician Project Coordinator Assistant / Senior Technician 1 Technician Support Staff Expert professional testimony or the preparation thereof for court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high-risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1/z percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time (e.g., long-term continuing projects). T: Templates\ Contracts\ 2023 Compensation Schedule {EFM2794152.DOCX;2/13175.000001/ } April 2023 landauinc.com CA revised Page 7