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HomeMy WebLinkAbout24-182 - Reid Middleton Inc - Building Inspection: Structural Plan ReviewCity Of Tukwila Contract Number: 24-182 Council Approval 12/2/24 6200 Southcenter Boulevard, Tukwila WA 98188 (D. 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. Pro*Designation. The Consultant is retained by the city to perform structural plan review and inspection 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. 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 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 12/31/2026 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 $300,000 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. 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 Consultants 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 ofthe 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 -gapindependent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultan't'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 May2020 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. Tie 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 Cons ultant'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 May2020 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 parry in any such action shall beentitled to its attorney's fees and casts 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 134t' 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 May2020 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. DATEDthIs 4fli clay of Deceinber -10 CITY OF T KWILA Signed by: ET4�ff65�554-4_.. T'ho nn.as McLeod, Mayor ATTE '1 TAUT 1TICA.TE - Signed by: �D47�BJ74G ... Andy Younn, C�Ity Clerk APPRO'VED AS TO, FORM Signed by: U.1.l. 4. awt1_d. 5E�rJ9�A-4 -E5E ... Of, of the City Attorney orne CONSULTANT: T: By: Printed 'arra : ,rbh Hi n , r, ".E;,, S.,E. Title; Director, Structural Eng iaging CA revised May2020 Page 5 EXHIBIT "A" CITY OF TUKWILA 2025-2026 Scope and Schedule of Services The olaj ective of this Agreement is to provide structural code compliance plan review lay Reid Middleton (Consultant) for proposed new and reiuodeled lauildings within the City of Tukwila (the City) as specifically requested in writing lay the Building Official or his designee. The consultant shall perfonu services and provide necessary equipment, materials and professionally trained, licensed, and experienced personnel to accomplish the plan review. Min behalf of the Department of Community Development, Duilding Division, the consultant will perfoi iii structural plan review to estalalish coiiipliance with the structural provisions otthe International Duildilig Code as aiiiended by the State and as adopted by the City of Tukwila. Duringthe plan review process, the Consultant iiiay contactthe periiiit applicant directly to request sulaiiiission of additional iliforiiiatioli 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 Duilding Official and a copy to the permit applicant outlining discrepancies in the plans, reports, and/or calculations (as applicable). The Consultant will performs follow-up plan reviews as required to confiiiii thatplans have been corrected adequately to address comments in the original plan review. In these instances, the Consultant will furnish additional letters directly to the Duilding 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 coiiipliance with the structural provisions of the Duilding Code, the Consultant will issue a filialletter stating that there are no further continents. The plan review services for each periiiit applicant will be treated as an individual project. The Consultant will track associated lalaor and iiiaterial costs according to each proj ectand invoice the City accordingly. The Consultant will invoice the City {artorto the lath of each iiionth. The city iiiay need other structural engineering services throughout the teriii of the on-call agreement. For these instances, the Consultant will performs structural engineering services as iiiutually agreed to by froth parties. The scope of work, fee, and schedule for the additional structural engineering services will tae defined and negotiated at the time the additional work is requested. The City, in entering into this agreeiiielit, does not guarantee that any services willlae requested not guarantee any specific dollar aiiioulit of work during the teriii of this Agreeiiielit. 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 lay the City. (Large and/or coiu{alex projects may take longer to review, but re concurs ence by City of time extension.) The Consultant shall perfonu work described in this Agreement in accordance with the latest edition and aiiiendiuents to the Washington State Duilding Code as adopted and aiiiended by the City of Tukwila. The city shall administer issuance of lauilding per wits and certificates of occupancy. The Consultant will assume no responsilaility for pro{aer on-site construction techniques, jolt site safety, or any construction contractor's faiIiu'e to pei'foim its work in accordance with approved plans, contract documents, and penuit conditions. Corrections or comments tirade during the review process do not relieve the project proponent or designer front coiiipliance with requirements of codes, conditions of approval, or permit requireiiients. Nor is the designer relieved of responsibility for a coiiiplete design in accordance with the laws of the State of Washington. II. IV Reid Middleton, Inc. Exhibit "IB" Schedule of Charges Effective January 1, 20Z; through ,Decembe r 3,1, 2026 Personnel Hourly Rate Principal...................................................................................................................... $ 260.00 - $ 300.00 Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor............ $ 240.00 - $ 270.00 Associate..................................................................................................................... $ 215.00 - $ 240.00 Senior Engineer/Senior Planner/Senior Surveyor....................................................... $ 195.00 - $ 215.00 Senior Designer........................................................................................................... $ 185.00 - $ 200.00 Project Engineer/Project Designer/Project Surveyor/Project Planner ......................... Design Engmeer/Designer II/Design Technician/Survey Crew Chief/ $ 175.00 - $ 195.00 Technical Writer II/ Graphic Designer II................................................................. $ 155.00 - $ 175.00 Designer I/Planner/CAD Technician II....................................................................... $ 145.00 - $155.00 Project Adrmnistrator................................................................................................. $ 135.00 - $ 145.00 CAD Technician I/Survey Technician/Technician/Technical Writer I ..................... $ 110.00 - $ 135.00 Survey Crew (1 Person/RTK/Robotic/Scanning)........................................................ $ 165.00 Survey Crew (2 Person/RTK/Robotic/Scanning)........................................................ $ 225.00 Survey Crew (3 Person/ RTK/Robotic/Scanning).......................................... $ 280.00 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. Equipment Rate Design Software/Computer Aided Drafting............................................................... $ 12.00/hour Reimbursable Expenses Local Mileage - Automobile ..... Local Mileage - Survey Truck .. 0.670/mile 0.670/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. 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 airy ofthese 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:AFORMS\EX1-HBITS\2024-A.doc (sla 05/16/24) • .