Loading...
HomeMy WebLinkAbout23-144 - Otak Inc - On-Call Project Design, Management, and Engagement ServicesCity of Tukwila Agreement Number: 23-144(a) Council Approval N/A m 6200 Southcenter Boulevard, Tukwila WA 98188 s CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Otak, Inc. That portion of Contract No. 23-144 between the City of Tukwila and Otak, Inc. is hereby amended as follows: Section 4: The language concerning the duration of the contract is hereby amended to reflect an end date of "three years after said date of full execution", resulting in an ending date of August 29, 2026. All other provisions of the contract shall remain in full force and effect. Dated this 15th day of August, 2025. CITY OF TUKWILA 7DocuSigned by: --""'- Pete Mayer, Parks & Recreation Director ATTEST/AUTHENTICATED: Signed by: NAB'9 r 4'6 ... Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: t Office of the City Attorney CONTRACTOR: By. 5:gned by: i (� 'sv Printed Name: Chad Weiser Title: Sr Vice President CA Reviewed May 2020 page I of I City of Tukwila • 6200 Southcenter Boulevard, Tukwila WA98188 • CONTRACT FOR SERVICES Contract Number: 23-144 Council Approval 7/17/23 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Otak. Inc. , hereinafter referred to as "the Contractor," whose principal office is located at 11241 Willows Road NE, Redmond, WA 98052 . WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $250,000.00 at a rate based on hourly labor rates per the Billing Rate Schedule (Exhibit B). Compensation shall be for time and materials performance of task requests from the City. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aareement. This Agreement shall be in full force and effect for a period commencing upon full execution by both parties and ending two years after said date of full execution, with two additional one-year options, as granted by the City in its sole discretion, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or CA Revised May 2020 Page 1 of 4 suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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 Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor'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 Contractor's insurance and shall not contribute with it. CA Revised May 2020 Page 2 of 4 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. Contractor 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 Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keepina and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this CA Revised May 2020 Page 3 of 4 Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address - City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 29th day of August _'2023 . ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA lf� (�DocuSigned by: � ` ��/�- 1 F89FE09132B402... Allan Ekberg, Mayor 8/29/2023 110:07 AM PDT ATTEST/AUTHENTICATED: DocuSigned by: �, isf� o-,Fu.c,vfy 88678483CB594E7... Christy O'Flaherty, City Clerk APPROVED AS TO FORM: EDocuSigned'.. by: (1 1aXI-4�Jv� l �. 5E499CA4165E452... Office of the City Attorney CONTRACTOR: DocuSigned by: By. Ec179C07C7FD38423_ Printed Name -Chad Weiser Title- Sr vice President Address -11241 Willows Road NE, Ste 200 Redmond, WA 98052 CA Revised May 2020 Page 4 of 4 Scope of Work Ot�ak ..ommluIVIVIN �m, City of Tukwila Tukwila Parks On -Call — Park Planning, Design and Project Management RFQ 2023-PRO03 Otak Project No. 21383.000 June 2023 Project Description The Parks and Recreation Department has numerous projects budgeted for 2023-24 as part of its Capital Improvement Program. The City seeks professional on-call expertise in public outreach and involvement, landscape architecture and design, park and trail planning and design, program and facility assessments and planning, urban design and project management services. Scope of Work includes (not limited to): ■ Park and trail master planning and design including engaging community members, developing conceptual elements based on the input received through public outreach efforts, prepare recommendations for location, design and features of park and recreation elements. Work includes preparing construction level drawings and cost estimates. • Comprehensive trail system planning including conducting a trail system inventory, clarifying ownership and management roles and responsibilities, developing surfacing, furnishing and signage standards, planning for greater local and regional connectivity, etc. ■ Park amenity and furnishing planning, design and project management- planning, design and facilitating the replacement of park features & furnishings consistent with the Department's standards, assisting in the design, renovation and replacement of skate parks, shelters, spray parks, sport courts, sport fields, restrooms, etc. ■ Community engagement and involvement- design and facilitate robust multi-lingual public outreach efforts in collaboration with other city staff and community partners and seek out voices and perspectives not frequently reflected in typical engagement efforts. ■ Project Management- provide business analysis and project management services necessary to ensure technical projects successfully meet established objectives, coordinate resources across multiple disciplines and/or teams, serve as an agent of the City in developing and facilitating contracts and coordinating suppliers and contractors, and provide quality assurance. ■ Development of other park and recreation plans, feasibility studies, condition assessments and strategic plans, including recreation program planning, park restroom strategy and renovation/replacement planning, facility condition assessments, park acquisition planning and public art stewardship planning. ■ Cost estimation and technical assistance- provide cost estimation, budgeting and technical assistance as needed. ■ Site planning, rendering and drawing- develop site renderings, drawings and maps of existing and/or proposed parks and sites. 11241 Willows Road NE, Suite 200 1 Redmond, WA 98052 1 Phone 425.822.4446 1 otak.com llpdx-ae-fs011projlprojectl21300121383109 corporate 1contracts121383 city of tukwila agreementJune 2023.docx Scope of Work continued ■ Americans with Disabilities Act (ADA) Transition Planning- conduct an ADA self-assessment and develop a transition plan to increase access and inclusion in parks and recreation programs, parks and facilities. Subconsultants 100 Envirolssues Community Engagement and Involvement ■ Public meetings ■ Multi-lingual public outreach Project Assumptions and Exclusions ■ Maximum total contract value is $250,000.00 unless otherwise mutually agreed to by the parties. ■ Three-year contract duration, with two option years ■ Annual rate increase ■ All work awarded under the on-call agreement will be by task, and billed to the City as such. City of Tukwila 2 On -Call Services — Park Planning, Design and Project Management Otak Otak, Inc. Billing Rate Schedule Landscape Architecture & Plannina Billina Rate Landscape Technician 1 79.00 111.00 Landscape Technician II 91.00 115.00 Landscape Technician III 107.00 126.00 Landscape Architect 1 105.00 150.00 Landscape Architect 11 118.00 182.00 Landscape Architect 111 128.00 115.00 Landscape Architect IV 138.00 135.00 Landscape Architect V 153.00 155.00 Landscape Architect VI 166.00 Landscape Architect VI 186.00 PIC/DEI Manager 200.00 PIC/Sr. PM LA/Master Plan 232.00 Sr. PIC/Sr. PM LA/Mst Pln 276.00 Planner Associate 1 80.00 Planner Associate 11 97.00 Planner Associate I I1 111.00 Planner Associate IV 122.00 GIS Specialist - Planner 115.00 Sr. GIS Specialist - Planner 128.00 Planner 1 126.00 Planner 11 138.00 Planner III 150.00 Planner IV 167.00 Planner V 182.00 Planner VI 197.00 Engineering Engineering Tech 1 71.00 Engineering Tech II 82.00 Engineering Tech III 93.00 Engineering Tech IV 112.00 Engineering Tech V 124.00 Engineering Tech VI 135.00 Engineering Tech VII 165.00 Engineering Designer 1 89.00 Engineering Designer II 104.00 Engineering Designer III 111.00 Engineering Designer IV 125.00 Engineering Designer V 132.00 Civil Engineer 1 115.00 Civil Engineer II 125.00 Civil Engineer III 135.00 Civil Engineer IV 145.00 Civil Engineer V 155.00 Civil Engineer VI 166.00 Page 1 of 2 Otak, Inc. Billing Rate Schedule Civil Engineer VII 174.00 Civil Engineer VII I 190.00 Civil Engineer IX 210.00 Civil Engineer X 215.00 PIC/Sr. PM Civil 273.00 Sr. PIC/Sr. PM Civil 310.00 Science Scientist 1 95.00 Scientist 11 116.00 Scientist 111 133.00 Scientist IV 155.00 Scientist V 181.00 Scientist VI 208.00 Environmental Specialist 147.00 PIC/Scientist 231.00 Survey Survey Field Technician 1 78.00 Survey Field Technician II 83.00 Survey Field Technician III 88.00 Survey Crew Chief 1 90.00 Survey Crew Chief II 114.00 Survey Crew Chief III 138.00 Survey Office Technician 1 90.00 Survey Office Technician II 100.00 Survey Office Technician 111 124.00 Survey Office Technician IV 135.00 Professional Land Surveyor 1 138.00 Professional Land Surveyor II 145.00 Professional Land Surveyor III 163.00 Professional Land Surveyor IV 176.00 Professional Land Surveyor V 222.00 PIC/PLS Sr. Manager 264.00 Proiect Support Services Project Admin. Asst 92.00 Graphics Specialist 125.00 Project Coordinator 1 120.00 Project Coordinator II 144.00 Project Coordinator III 160.00 Note: Billing rates are based on 2023 rates and are updated annually by approximately four percent (4.00%). Page 2 of 2