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HomeMy WebLinkAboutFIN 2024-11-25 Item 1A - Contract - 2025-2026 Structural Plan Review with Reid Middleton City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO:Finance and GovernanceCommittee FROM:NoraGierloff Community Development Director BY:Wynetta Bivens Assistant to theDirector CC:MayorMcLeod DATE:11/19/24 SUBJECT:Draft 2025-2026 Reid MiddletonContract ISSUE DCD would like to execute a new contract to retain Reid Middleton Inc. to perform structural plan review and inspection services for compliance with Washington State and Tukwila adopted codes. BACKGROUND DCD has contracted with Reid Middleton Inc. for consultant services for over 25 years. And currently has a contract with Reid Middleton Inc., which will expire 12/31/24. DISCUSSION DCD is requesting approval of a new contract with Reid Middleton to continue needed on-going consultant services. FINANCIAL IMPACT Thereare no financial impactstothe budget. This isarevenue backed service through the permit process. RECOMMENDATION The Committee isbeing asked to approve the Draft Reid Middleton Inc. contract and for it to be forwarded to the CityCouncil 12/2/24 consentagenda. ATTACHMENTS Draft 2025-2026 Reid Middleton Inc. Contract 1 2 Contract Number: CityofTukwila 6200 Southcenter Boulevard, Tukwila WA98188 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 inspection services for compliance with Washington State and Tukwila adoptedcodes. 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 andsupplies. 3.Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution 1/1/2025 and ending on 12/31/2026, unless soonerterminatedundertheprovisionshereinafterspecified.WorkunderthisAgreementshall commence upon written notice by the City to the Consultant to proceed. The Consultant shall performallservicesandprovideallworkproductrequiredpursuanttothisAgreementnolater than 12/31/2026 unless an extension of such time is granted in writing by theCity. 4.Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement asfollows: 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 $300,000without 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 amountapproved. C.FinalpaymentofanybalanceduetheConsultantofthetotalcontractpriceearnedwillbe madepromptlyuponitsascertainmentandverificationbytheCityafterthecompletionof 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 thework. 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. 3 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 thisAgreement. 6.Compliance with Laws. The Consultant shall, in performing the services contemplated by thisAgreement,faithfullyobserveandcomplywithallfederal,state,andlocallaws,ordinances and regulations, applicable to the services rendered under thisAgreement. 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 omissionsoftheConsultantinperformanceofthisAgreement,exceptforinjuriesanddamages caused by the sole negligence of theCity. 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 andexpresslyunderstoodthattheindemnificationprovidedhereinconstitutestheConsultant'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 thisAgreement. 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,oremployees. agreementshallnotbeconstruedtolimittheliabilityoftheConsultanttothecoverageprovided recourse to any remedy available at law orin equity. A.Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits describedbelow: 1.AutomobileLiabilityinsurancewithaminimumcombinedsinglelimitforbodilyinjury 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 liabilitycoverage. 2.Commercial General Liabilityinsurance 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-gapindependent contractors and personal injury and advertising injury. The City shall be named as an additionalinsured policywithrespecttotheworkperformedfortheCityusinganadditionalinsured endorsement at least as broad as ISO endorsement form CG20 26. 3. coverage as required by the Industrial Insurance laws of the State ofWashington. CA revised May2020 Page 2 4 4.Professional Liabilitywith limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the B.Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurancelimitsthantheminimumsshownabove,thePublicEntityshallbeinsuredforthe fullavailablelimitsofCommercialGeneralandExcessorUmbrellaliabilitymaintainedby theContractor,irrespectiveofwhethersuchlimitsmaintainedbytheContractoraregreater than those required by this Contract or whether any certificate of insurance furnished to thePublicEntityevidenceslimitsofliabilitylowerthanthosemaintainedbytheContractor. C.OtherInsuranceProvision. GeneralLiabilityinsurancepoliciesaretocontain,orbeendorsedtocontainthattheyshall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excessof theConsinsurance and shall not be contributed or combined withit. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less thanA: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 beforecommencementofthework.UponrequestbytheCity,theConsultantshallfurnish certifiedcopiesofallrequiredinsurancepolicies,includingendorsements,requiredinthis F.Notice of Cancellation. The Consultant shall provide the City with written notice of any policycancellation,withintwobusinessdaysoftheirreceiptofsuchnotice. 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 repaidtotheCityondemand,oratthesolediscretionof theCity,offset againstfundsdue the Consultant from theCity. 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 providedunderthisAgreement.TheCityshallnotberesponsibleforwithholdingorotherwise 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 theConsultant. 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 orresultingfromtheawardormakingofthiscontract.Forbreachorviolationofthiswarrant, theCityshallhavetherighttoannulthiscontractwithoutliability,orinitsdiscretiontodeduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingentfee. CA revised May2020 Page 3 5 11.Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement,willnotdiscriminateonthegroundsofrace,religion,creed,color,nationalorigin, 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 orsupplies. 12.Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of theCity. 13.Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation providedforinthisAgreementshallnotconstituteawaiverofanyotherprovision. 14.Termination. A.TheCityreservestherighttoterminatethisAgreementatanytimebygivingten(10)days written notice to theConsultant. 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 sobytheCity.ThissectionshallnotbeabartorenegotiationsofthisAgreementbetween surviving members of the Consultant and the City, if the City sochooses. 15.. 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 thatvenueshallbeproperlylaidinKingCounty,Washington.Theprevailingpartyinanysuch 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 voidorunenforceableorlimitedinitsapplicationoreffect,sucheventshallnotaffectanyother provisionshereofandallotherprovisionsshallremainfullyenforceable.Theprovisionsofthis 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: CityClerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Reid Middleton,Inc. th 728 134Street 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 May2020 Page 4 6 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 theparties. CA revised May2020 Page 5 7 DATEDthisdayof,20. **City signatures to be obtained by**Consultant signature to be obtained by sponsor staff. ** CITY OF TUKWILA CONSULTANT: By: Thomas McLeod, Mayor Printed Name: Title: ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May2020 Page 6 8 9 10 11