HomeMy WebLinkAbout23-187 - HWA Geosciences, Inc - Geotechnical ReviewCity of Tukwila Agreement Number: 23-187(a)
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and HWA Geosciences, Inc.
The following sections of Contract No. 23-187 between the City of Tukwila and HWA Geosciences,
Inc. is hereby amended as follows:
Section 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, 2026 2OP5, 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) business days of the Notice to
Proceed for a given project unless an extension of such time is granted in writing by the City
Section 3. Ownership and use of Documents.
Upon payment in full, all A44 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.
Section 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 negligent 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
Exhibit B. Fee Schedule.
Exhibit B is hereby replaced in its entirety with the 2025 fee schedule listed as Exhibit B, attached
and incorporated herein.
All other provisions of the contract shall remain in full force and effect.
CA Reviewed May 2020 Page I of 2
{ E F M 4937-5505-7711;1/13175.000001/}
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
" � � C Phone; 425.774.0106 G Fax, 425,774,2714X1
d �,C I.W.ll,l
21312 Sot rive Ste. 110,Bothell, 98021-7
DBEINIWBE www,hwageo.com
HWA GEOSCIENCES INC.
Exhibit B - Compensation
2025 ANTE BILLING RATES BY CATEGORY
CA Reviewed May 2020 Page 2 of 3
MIN
MAX
CLASSIFICATION TITLE
BILLING
BILLING
RATE
RATE
Administrative Support
$115.00
$125.00
CAD
$135.00
$155.00
Contracts Administrator
$120.00
$175.00
Geologist 1
$85.00
$105.00
Geologist 11
$95.00
$130.00
Geologist 111
$120.00
$155.00
Geologist IV
$140.00
$180.00
Geologist V
$175.00
$190.00
Geologist VI
$180.00
$230.00
Geologist VII
$200.00
$250.00
Geologist VIII
$240.00
$320.00
Geotechnical Engineer 1
$110.00
$140.00
Geotechnical Engineer 11
$125.00
$155.00
Geotechnical Engineer 111
$150.00
$170.00
Geotechnical Engineer IV
$160.00
$195.00
Geotechnical Engineer V
$180.00
$225.00
Geotechnical Engineer VI
$200.00
$250.00
Geotechnical Engineer VII
$240.00
$310.00
Geotechnical Engineer VIII
$270.00
$320.00
Hydrogeologist IV
$185.00
$195.00
Hydrogeologist V
$190.00
$250.00
Lab/Field Technician 1
$70.00
$90.00
Lab/Field Technician 11
$85.00
$95.00
Lab/Field Technician 111
$90.00
$135.00
Lab/Field Technician IV
$125.00
$165.00
Lab/Field Technician V
$150.00
$175.00
Principal IX
$330.00
$360.00
CA Reviewed May 2020 Page 2 of 3
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
(D -
This Amendment shall become effective upon execution by all parties.
CITY OF TUKWILA
't44'e'- ±��&
D Director
Nora Gierloff, DC
CA Reviewed May 2020
{ E FM4937-5505-7711;1/13175.000001/}
CONTRACTOR:
17
By:
Printed Name: JoLvn Gillie
Title: Princi
Page 2 of 2
City of Tukwila Contract Number: 23-187
Council Approval N/A
• 4' 6200 Southcenter Boulevard, Tukwila WA 98188
INV
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 HWA Geosciences, 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.
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4. Ownershi 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:
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
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May 2020 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/ } CA revised
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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:
Steve Wright
21312 301h Drive SE, Suite 110
Bothell, WA 98021
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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
Nora Gierloff, DC11 D Directoil
CONSULTANT:
By:
Printed Name:
Title:
JoLyn Gillie, PE
Principal
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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
0 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.
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Phone:
www,hwageo.com
HWA GEOSCIENCES INC.
Exhibit B - Compensation
2024 ANTE BILLING RATES BY CATEGORY
MIN
MAX
CLASSIFICATION TITLE
BILLING
BILLING
RATE
RATE
Administrative Support
$110.00
$120.00
CAD
$135.00
$155.00
Contracts Administrator
$110.00
$165.00
Geologist 1
$85.00
$100.00
Geologist II
$95.00
$120.00
Geologist III
$120.00
$145.00
Geologist IV
$140.00
$175.00
Geologist V
$175.00
$180.00
Geologist VI
$180.00
$205.00
Geologist VII
$200.00
$231.00
Geologist VIII
$200.00
$305.00
Geotechnical Engineer 1
$110.00
$130.00
Geotechnical Engineer II
$125.00
$155.00
Geotechnical Engineer III
$145.00
$160.00
Geotechnical Engineer IV
$160.00
$180.00
Geotechnical Engineer V
$180.00
$210.00
Geotechnical Engineer VI
$200.00
$240.00
Geotechnical Engineer VII
$240.00
$290.00
Geotechnical Engineer Vlll
$295.00
$315.00
Hydrogeologist IV
$185.00
$190.00
Hydrogeologist V
$190.00
$200.00
Lab/Field Technician 1
$60.00
$85.00
Lab/Field Technician II
$85.00
$90.00
Lab/Field Technician III
$90.00
$115.00
Lab/Field Technician IV
$115.00
$155.00
Lab/Field Technician V
$145.00
$160.00
Principal IX
$330.00
$345.00