HomeMy WebLinkAbout24-021 - LDC Inc - South 139th Street Right-of-Way SurveyCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 24-021
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 LDC 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 surveying services in
connection with the project titled S 139th ROW Survey.
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 execution and ending April 1, 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 April 1, 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
"A" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $19,900 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 within 30 days of verifying the Consultant's
invoice(s).
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. Mutual Indemnification. Both the Consultant and the City shall defend, indemnify, and hold
each other, their 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 each party in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the indemnified party.
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, along with their officers, officials, employees, and volunteers, liability for such
damages shall be apportioned according to the degree of fault of the Consultant and the City,
respectively. Each party's liability hereunder shall be only to the extent of its own negligence.
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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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:
1851 Central PI S, Ste 101
Kent, WA 98030
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.
CA revised May 2020
Page 4
DATED this 5th day of March, 2024.
CITY OF TUKWILA
DocuSigned by:
—D31nrnn7Fn d'i$
Nora Gierloff, DCD Director
CONSULTANT: lANO DEV6VXm6n.tTGoNSLIq?jNr3
(LDC)
Printed Name:/tea IUWvNS
Title: ;v/CTote LAND SCIQVty/W6--
CA revised May 2020
Page 5
Exhibit A
January 25, 2024
(Revised on February 28, 2024)
Max Baker
Development Supervisor
City of Tukwila Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, Washington 98188
Max.Baker@TukwilaWA.gov, 206-431-3683
LDC I
RE: PROPOSAL FOR SURVEY SERVICES FOR
CITY OF TUKWILA — ONE TIME SURVEY SERVICE RFQ
Dear Max Baker,
Surveying
Engineering
Planning
Land Development Consultants, Inc. (LDC) is dedicated to delivering high -quality, responsive,
and cost-effective surveying services, ensuring the achievement of the best possible outcomes
for our clients. In line with our commitment to excellence, LDC is honored to present this
proposal for professional surveying services in response to the Request for Qualifications issued
by the City of Tukwila. Our proposal is focused on the one-time right-of-way (ROW) surveying
service for the area along S 139th St between 53rd Ave S and 55th Ave S in Tukwila,
Washington. LDC's approach is designed to align with the City's objectives, providing precise
and reliable results that contribute to the effective management and development of Tukwila's
urban infrastructure.
Task 01 Right -of -Way Survey $11,200
Task 02 Right -of -Way Monumentation $4,500
Task 03 Record of Survey $2,500
Task 04 Surveyor's Report $900
Task 04 Reimbursable Expenses (Time and Expense) $800
Total $19,900
TASK 01 — RIGHT-OF-WAY SURVEY
In Task 01, our team will undertake a detailed boundary survey to accurately define the right-of-
way (ROW), easements, and public property boundaries along S 139th St between 53rd Ave S
and 55th Ave S in Tukwila, WA. This comprehensive field survey will involve surveying techniques
to establish precise boundary lines and surface features. Utilizing state-of-the-art surveying
equipment, such as GPS, total stations, and lidar scanners, we will perform a detailed analysis of
the existing site conditions. This task will also include the compilation of all relevant data into a
comprehensive survey database, ensuring accuracy, completeness, and compliance with the City
of Tukwila's specifications and relevant surveying standards.
TASK 02 — RIGHT-OF-WAY MONUMENTATION
Task 02 is dedicated to the installation of ROW monumentation along S 139th St. This task
includes the strategic placement of durable, high -visibility survey monuments and boundary
markers at key locations to clearly delineate the extents of the ROW. Each monument, crafted
from materials approved by local and state regulations, will be positioned and installed using
precision surveying techniques to ensure long-term stability and visibility. The task will adhere to
Woodinville, WA 98072
20210 142nd Avenue NE
Engineering ABOVE the Standard
City of Tukwila Survey RFQ
February 28, 2024
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best practices in monumentation to facilitate easy identification and reference for future surveying
and land development activities.
TASK 03 — RECORD OF SURVEY
Task 03 focuses on the preparation and finalization of an official Record of Survey, encompassing
a comprehensive mapping of the ROW findings. This task will produce a meticulously drafted,
stamped, and recorded map, reflecting the detailed outcomes of the ROW survey. The map will
be prepared in accordance with prevailing standards, ensuring clarity, precision, and compliance
with all relevant local, state, and federal surveying regulations. The Record of Survey will serve
as an authoritative document for public record, providing a definitive reference for the surveyed
area's legal boundaries and details.
TASK 04 — SURVEYOR'S REPORT
In Task 04, our team will compile a thorough surveyor's report, articulating the methodologies,
findings, and analytical conclusions derived from the ROW survey. This task entails a detailed
synthesis of field data, historical surveys, and inspection reports into a cohesive and
comprehensive document. The report will provide an in-depth examination of the surveyed area,
highlighting any significant discrepancies, unique features, or potential issues encountered during
the survey process. Prepared for both digital and print formats, the report will undergo a rigorous
review process to ensure accuracy and thoroughness, with an emphasis on providing clear and
actionable insights for the City of Tukwila.
TASK 99 — REIMBURSABLE EXPENSES
This task is dedicated to managing and accounting for all reimbursable expenses incurred during
the execution of Tasks 01 through 04. Reimbursables in this context refer to specific costs that
are not included in the fixed task fees but are necessary for the completion of the project. These
may include, but are not limited to, recording fees, title report fees, submittal fees, reprographic
costs, vehicle fuel and any other out-of-pocket expenses.
In order to ensure financial predictability and accountability, a 'not to exceed' amount of $800
has been established for all reimbursable expenses associated with this project. This cap is
designed to manage project costs effectively while accommodating the necessary expenses to
achieve the project's objectives
TASK ASSUMPTIONS:
• The survey will reflect the current site conditions as of the date of the field survey.
Changes due to subsequent improvements may incur extra charges.
• Monumcntation will be limited to two monuments, potentially installed at both
intersections of S 139th St. Property corners are limited to 8 on the 6 adjacent
properties that front S 139th St.
•--The City is responsible for coordinating with private property owners to cnsurc access
for field surveyors.
While LDC acknowledges the City of Tukwila's efforts in facilitating access to private
properties for surveying purposes, we understand that guaranteed access to all
properties, beyond Mr. Pham s for which an affidavit is on file, may not be feasible.
www.LDCcorp.com
Engineering ABOVE the Standard
City of Tukwila Survey RFQ
February 28, 2024
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Therefore, LDC will proceed with the surveying tasks with the assumption that access to
addition/ private properties is not assured. LDC will employ all reasonable measures to
complete the surveying tasks effectively, utilizing alternative strategies and
methodologies as necessary to circumvent access limitations. LDC expects the City to
provide any available assistance or information that could facilitate access negotiations
or alternative surveying approaches. Any significant limitations in access that impact the
ability to complete the surveying tasks as proposed will be promptly communicated to
the City, and LDC will seek guidance on how to proceed in such instances.
• Trimming of vegetation and landscape will be allowed by survey crews to facilitate clear
purvey lines.
LDC acknowledges the City of Tukwila s policy and legal constraints regarding the
trimming and clearing of vegetation on private properties without the owner's explicit
consent. Therefore, LDC will ensure that any necessary vegetation trimming to facilitate
clear survey lines will be strictly limited to areas within the public ROW. LDC's survey
crews will be instructed to avoid any vegetation trimming on private property, adhering
to the City's regulations and respecting property owners' rights.
• Underground utilities will not be identified in the field under these tasks.
• LDC will coordinate with a third party for the installation of physical road monuments,
and this is included in the overall fee.
4—The City will provide title reports of the private properties fronting S 139th St.
LDC recognizes the City of Tukwila s limitations in providing title reports for all private
properties fronting S 139th St. In light of this, LDC will undertake its own research
efforts to gather necessary property information, utilizing available public records and
resources. This independent research by LDC is aimed at supplementing the title report
already on file for APN: 0003000009 and ensuring comprehensive coverage of the
survey area to the best of our ability. LDC will include a disclaimer in the survey
documentation to clearly state that the property information was compiled using
available public records and may not encompass all details typically provided in a full
title report. This disclaimer will communicate the scope and limitations of the property
information used in our survey analysis, ensuring transparency and accuracy in our
reporting. Should our research and public records review reveal gaps in information or if
additional details become necessary for the completion of our survey tasks, LDC will
proactively correspond with the City to seek further guidance or assistance. LDC is
committed to maintaining open lines of communication with the City to address any
information needs that may arise during the survey process, ensuring that our work is
both thorough and compliant with project requirements.
• Any additional surveying along 55th Ave S between S 139th St and S 140th St, if
requested, will be at additional cost.
• Boundary/encroachment resolution services, if required, are excluded from these tasks
and will be performed on a Time & Expense basis.
• Recording fees, title report fees, submittal fees, vehicle fuel and reprographic costs are
not included in this proposal and will be billed as reimbursable expenses.
• Any additional work requested by the Client beyond the scope of these tasks will be
performed on a Time & Expense basis.
• Unless stated otherwise, surface features unrelated to the property boundary will not be
surveyed or shown on resulting maps or exhibits.
w41 w.LDCcorp.con
Engineering ABOVE the Standard
City of Tukwila Survey RFQ
February 28, 2024
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• This proposal and the associated cost estimates are valid for a period of 30 days from
the date of submission.
Thank you for considering Land Development Consultants, Inc. (LDC) for your surveying needs.
We appreciate the opportunity to submit this proposal and are committed to delivering the highest
quality of service for the City of Tukwila's project. Should you have any inquiries, require further
clarifications, or wish to discuss any aspect of this proposal in more detail, please do not hesitate
to reach out to the undersigned. We look forward to the possibility of working together and
contributing to the success of this important initiative.
Regards,
LDC, Inc
lam---=-_--�
Vince Townsend, PLS
Director of Land Surveying
Scope area shown below:
Engineering ABOVE the Standard