HomeMy WebLinkAbout24-121 - Contract - BGC Engineering USA Inc - Landslide Risk Assessment and Management Phase IDocusign Envelope ID: 4D6B5C7F-8881-4CC3-8DAE-E27A66F429F1
City of Tukwila Agreement Number: 24-121 (a)
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #_1
Between the City of Tukwila and BGC Engineering USA Inc.
That portion of Contract No. 24-121 between the City of Tukwila and _BGC Engineering
USA Inc is hereby amended as follows:
Section 02:
The Consultant agrees to provide services in accordance with the Scope of Services
provided by the Consultant in the attached Contract Amendment #1 for the City of Tukwila
Comprehensive Landslide Assessment Plan.
Section 04:
Payment for work shall be amended as per the estimated budget detailed in the Labor
Estimate provided by the Consultant in the attached Contract Amendment #1 for the City of
Tukwila Comprehensive Landslide Assessment Plan provided that payment for the total
amount of the amended contract shall not exceed $149,500 ($15,000 for Amendment #1)
without express written modification of the Agreement, signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this 30th _ day of July 12025
CA Reviewed May 2020 Page 1 of 2
Docusign Envelope ID: 4D6B5C7F-8881-4CC3-8DAE-E27A66F429F1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Signed by:
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
Jennifer Marshall, Deputy City Clerk
APPROVED AS TO FORM:
Signed by:
Office o he 11'y' Attorney
CONTRACTOR:
DocuSigned by:
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By. E5F172B3640C4C4...
Printed Name: Julia Frazier
Title:
Senior Geoscientist
CA Reviewed May 2020 Page 2 of 2
Client
City of Tukwila
Ref.
COR -2620001-01
Project
2620001
Date
July 8, 2025
Project Name
City of Tukwila Comprehensive Landslide Assessment Plan
Contract Number
24-121
® Client directed ® BGC request
❑ Contract time ❑ Cost ® Both
Note: Change Orders will be issued for work changes not included in the original contract.
The current project - Comprehensive Landslide Assessment Plan funded through a Cooperative
Technical Partners grant with the Federal Emergency Management Agency (FEMA) - is currently
underway and BGC is proposing to continue and expand the model exploration for landslide
susceptibility and exposure. This is a request for additional resources to cover further model
exploration and support additional project presentations to various groups within Tukwila.
The services provided under this agreement are governed by the City of Tukwila Professional
Services Agreement with BGC dated September 17, 2024 (Contract Number: 24-121).
The proposed scope of work will include:
1. Continue landslide susceptibility model exploration and exposure analysis, with
consideration for additional contributing factors. Contributing factors include geology, land
use, hydrology, and geomorphometric and topographic indices. One initial modeling
analysis has been completed; however, it would be possible to run another iteration with
consideration for additional contributing factors. This will provide the resources for a robust
analysis of landslide susceptibility and exposure for Tukwila, with defensible methods and
data inputs.
2. Prepare and deliver two final presentation meetings to various groups in Tukwila. The
purpose of these meetings will be to share the results and findings of the project and
receive feedback from Tukwila stakeholders which can be incorporated into the final
report. The consideration here is that having two presentations would be beneficial for a
more focused engagement and time for feedback and questions from the attendees from
different Tukwila departments.
BGC Engineering www.becengineering.ca
Suite 300 - 600 1211 Street, Golden, CO USA 80401 T: +1720 598 5982
City of Tukwila
City of Tukwila Comprehensive Landslide Assessment Plan
July 8, 2025
Change Order Request COR -2620001-01
Additional resources within the CTP FEMA grant are available and the project would benefit from
using these to expand and continue the landslide susceptibility model and exposure analysis, and
to support additional presentations to Tukwila groups.
Existing = $134,500
Additional request = $15,000
• $10,000 — Modeling; includes analysis, technical review, and GIS data delivery package.
• $5,000 — Presentations; includes preparation and presentation time.
July — draft report
August — final presentations and final report
FEMA project deadline — September 30, 2025
List of attachments:
❑ Detailed cost estimate table ❑ Applicable schedule rates
❑ Sketches/diagrams/others ❑ Terms and Conditions
Title Name Signature Date
BGC Engineering 2
Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D
City of Tukwila Contract Number: 24-121
6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval 9/16/24
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 BGC Engineering USA 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 a citywide assessment
of landslide hazard and urban forestry health services in connection with the project titled City
of Tukwila Comprehensive Landslide Assessment Plan.
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. The
Consultant agrees to perform the services consistent with the standard of reasonable care
ordinarily exercised by other qualified consultants in the performance of similar services under
comparable circumstances. The Consultant makes no express or implied warranty or
guarantee concerning the services.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending September 30, 2025, 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 September 30, 2025 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City on a net 45 -day basis 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 $134,500 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.
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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, reports, data 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. The Consultant shall not be
responsible for any modification of the said documents, drawings, specifications or other
materials by the City or the City's other consultants.
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. Subject to Consultant's limitation of liability, 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 reasonable attorney fees but
excluding claims for economic loss or diminution of property value, to the extent caused by the
Consultant's performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
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.
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.
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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. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
Commercial General liability 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
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,
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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.
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 City gives written consent for the Consultant to assign certain services to
their sub -consultant - Davey Resource Group. 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 either party 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 reasonable 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:
BGC Engineering USA Inc.
60012 th Street, Suite 300
Golden, CO 80401
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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.
19. Limitation of Liability. The term "Consultant Group" means the Consultant, its affiliated
companies, and its and their respective employees, directors, officers, and
subconsultants. When capitalized in this Agreement, "Losses" means any claims, injuries,
damages, losses, suits, expenses, or other liability.
Notwithstanding any other provision of this Agreement to the contrary, the Consultant Group's
total aggregate liability to the City and anyone else claiming through or under the City for all
Losses arising out of, resulting from, or related in any way to this Agreement or the services
provided under this Agreement shall not exceed ONE MILLION U.S. Dollars ($1,000,000.00
USD). This aggregate limitation of liability applies: (i) to the fullest extent permitted by law; and
(ii) whether one or more Losses arise due to breach of contract, tort (including negligence),
breach of warranty, strict liability, statutory liability, indemnity duties, or any other theory of
recovery or liability at law or in equity. This section survives the expiry or any termination of
this Agreement.
20. Waiver of Liability. In no event will either party be liable for any of the following kinds of
damages or losses arising out of, resulting from, or related in any way to this Agreement or the
services provided under this Agreement: (a) exemplary, aggravated, punitive, incidental,
special, indirect, or consequential damages; or (b) lost business, business interruptions, lost
profit, lost revenue, lost product, lost goodwill, loss of use, costs of capital, or lost data.
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DATED this _17th day of _ September 12024
CITY OF TUKWILA CONSULTANT: BGC Engineering USA Inc
DS
D " V Signed by:
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8EE24380545B44C...
Thomas McLeod, Mayor
DocuSigned by:
By: EA E922F716EF497..
Printed Name: Geoff Claypool
ATTEST/AUTHENTICATED: Title: CFO
Signed by:
3D04AB9746FA4E8...
Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by: (l
5E499CA4165E452...
Office of the City Attorney
CA revised May 2020 Page 6
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