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HomeMy WebLinkAbout08-096 - Sound Inspections and Investigative Engineers - Structural Plan Review 08- 096(a) Council Approval N/A CITY OF TUKWILA CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound Inspections Investigative Engineers LLC That portion of Contract No. 08 -096 between the City of Tukwila and Sound Inspections Investigative Engineers LLC is amended as follows: 4. This Agreement shall be in full force and effect for a period commencing from the signature of all parties of this contract through December 31, 2012. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this f day of t/ Qm 2010. CO TRACTOR CITY OF TUKWILA x 1a Frank Mellas, Co -owner Haggerto or Sound Inspections Investigative Engineers LLC ATTEST/ AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, CMC, City Gert< Ci or e Date approved by City Council (Applicable if contract amount is over $40,000) Page 1 of 1 5r1 s 2008 PROFESSIONAL FEE SCHEDULE Chief Investigative Engineer (Structural) $155.00hr Chief Investigative Engineer (Geo -Tech) $155.00hr Chief Investigative Engineer (Civil) $155.00hr Architect 130.00hr Structural Investigator 105.00hr Associate Structural Investigator 80.00hr Drafting /CAD Support 95.00hr Administrative Support 45.00hr Envelope Inspections 95.00 hr Municipal Building Inspections 80.00hr Municipal Plan Review Services By Quote (Structural, Non Structural, Mechanical, Plumbing, Fire, Electrical, Energy, Ventilation /Indoor Air Quality, Barrier Free Accessibility (ADA)) Building Code Lecture /Seminar /Instruction By Quote Expert Witness (minimum) $Twice (2x) Normal Billing Rate Hourly rates do not include charges for normal reimbursables such as; vehicle mileage, reproduction, special mailing and courier service. Expert witness testimony for deposition, hearings, trial mediation, arbitration and similar proceedings will be billed at twice the normal fee schedule with a 4 -hour minimum to include standby time. Testimony preparation is at the normal fee schedule with a 4 -hour minimum. Subconsultant expenses, laboratory testing and analysis and similar professional services are billed at cost, plus an administrative fee and profit. All professional fees are subject to change without notice. [feeschl] (revised 1 -1 -08) POLICY NUMBER: CLP 010322 COMMERCIAL GENERAL CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the followings COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization: 1 Location(s) Of Covered Operations CITY OF TUKWILA All locations where the insured performs 6300 SOUTHCENTER BLVD #100 SEATTLE, WA 98188 ongoing business operations. Information reuuired to complete this Schedule. if not shown above. will he shown in the Declarations. A. Section II Who Is An Insured is amended to R. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds. the following additional organization(s) shown in the Schedule, but only with exclusions apply. respect to liability for "bodily injury "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" caused. "property damage" <ecurrme after in whole or in part. by: (1) All work, including materials. parts or equipment 1. Your acts or omissions: or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project lather than sery ice, maintenance or behalf: repairs) to be performed by or on the behalf of the additional insureds) at the location of the in the performance of your ongoing operations for covered operations has been completed: or the additional insured(s) at the locations) designated above. (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organisation other than another contractor or sub- contractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, iSO Properties. Inc.. 2004 Yaffe 1 of 1 ACORO® DATE (MM/DDmw) CERTIFICATE OF LIABILITY INSURANCE 11/3/2010 PRODUCER (253) 473 -1415 FAX: (253) 473 -8862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION American Underwriters Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6429 South Tacoma Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tacoma WA 98409 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER k Red Shield Insurance Co Sound Inspections and Investigative Engineers I INSURER 8 Maxum Indemnity Co. PMB 223 I INSURER C: 1802 A Street SE I INSURER D: Auburn 1 WA 98002 I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. in INSRADD'U POLICY EFFECTIVE POLICY EXPIRATION LIMITS tan TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YYYY) DATE IMM /DD/YYYYI GENERAL UABIUTY EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED it X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) i 100 000 A I I CLAIMS MADE X OCCUR :LP010322 4/27/2010 4/27/2011 MED EXP (Any one person) 1 5,000 1 PERSONAL ADV INJURY 1,000,000 _GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG Excluded X I POLICY JF, 1 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) no coverage ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) I no coverage HIRED AUTOS BODILY INJURY e no coverage AUTOS (Per accident) g PROPERTY DAMAGE e no coverage accident) g GARAGE LIABILITY AUTO ONLY EA ACCIDENT no coverage ANY AUTO OTHER THAN EA ACC no coverage AUTO ONLY AGG no coverage EXCESS/ UMBRELLA UABIUTY EACH OCCURRENCE no coverage OCCUR CLAIMS MADE AGGREGATE no coverage no coverage DEDUCTIBLE no coverage i RETENTION 1 no coverage WORKERS COMPENSATION 1 WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 1 E.L. EACH ACCIDENT 1 no coverage OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E L DISEASE EA EMPLOYE no coverage If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT no coverage B I OTHERClaims Made PFP6011789 01 1/14/2010 1/14/2011 each occurence $1,000,000 Professional Liability aggregate $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is listed as additional insured with regards to the general liability of the above named insured per form CG 2010 07/04, attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Tukwila DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Tukwila Plan Review Inspection NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 6300 South Center BLVD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR #100 Tukwila, WA 98169 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Rand/ Van Vleck /RANDI VII.��/n V ACORD 25 (2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD RECEIVED SEP 2 9 20081 Contract No.( -094, C mciL A 9 /P-ADE) COMMUNITY CONTRACT FOR R112+R4B'r This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Sound Inspections Investigative Engineers. LLC. hereinafter referred to as "the Consultant whose principal office is located at PMB 223. 1802 "A" Street SE. Auburn. Washington 98002 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 Consultant 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: 1. Scone and Schedule of Services to be Performed by Consultant. The Consultant shall perform those services described in Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, Consultant 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 Consultant 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 in Exhibit B attached hereto and incorporated herein by this reference. Compensation shall be limited as set forth in Exhibit A. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing from the signature of all parties of this contract through December 31, 2010. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the city. 4. Independent Consultant.. Consultant and City agree that Consultant is an independent Consultant 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 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 5. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents, and employees. 6. Insurance. The Consultant shall secure and maintain in full force throughout the duration of the Agreement insurance as follows: C: \DOCUME -1\ Bob- B \LOCALS-1 \Temp \XPgrpwise \SoundLLCstruct 08.doc kn 9/23/2008 A A/GA C Q— orteg-e/D 1 C Page 1 of 3 A. General liability insurance with a minimum coverage of�00,000 per occurrence and $1,000,000 aggregate of personal injury; and $1,000,000 per occurrence /aggregate for property damage. B. Professional liability insurance, with a minimum coverage of $1,000,000. per occurrence and $2,000,000. aggregate against claims arising out of work provided for in this contract. Said general liability policies shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior Certificates of coverage as required by Paragraph A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Record Keening and Reporting. A. The Consultant 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. 8. 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. 9. Termination. This Agreement may at any time be terminated by the City giving to the Consultant 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 shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila City Clerk 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Consultant shall be sent to the address provided by the Consultant upon the signature line below. 15. Aonlicable 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 30 day of CITY OF TUKWILA By: Title J Hagge Cy Glayor A PEST /AUTHENTICATED: r.,/,2*) 7)T --ed---29N Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office the City A t rney By: [>t1 D` C: \DOCUME -1\ Bob -B \LOCALS -1 \Temp \XPgrpwise \SoundLLCstruct 08.doc kn 9/23/2008 br 20 CONSULTANT. '5ou4, z, Zti GIPS i U e ,09;,c �.s By: .u�► /4J.,P Title: CO— Cnu ,L7 Printed Name: 114-e, 1/4 5 Address: 1 1 4' 54 SF t 2l? Date approved by City Council: 9/22/08 (Applicable if contract amount is over $25,000) Page 3 of 3 EXHIBIT `A' SCOPE OF WORK The objective of this Agreement is to provide structural code compliance plan review for proposed new and remodeled buildings within the City of Tukwila as specifically requested in writing by the Building Official or his designee. The consultant shall perform all services and provide all necessary equipment, materials and professionally trained, licensed, and experienced personnel to accomplish the plan review as outlined below. 1. On behalf of the Department of Community Development Building Division, the consultant will perform structural plan review to establish compliance with the structural provisions of the International Building Code as amended by the State and as adopted by the City of Tukwila. 2. During the plan review process, the Consultant may contact the permit applicant directly to request submission of additional information to the city. The Consultant will keep a written record of this communication in the project file. 3. Upon completion of each plan review, the Consultant will furnish a summary plan review letter directly to the Building Official and a copy to the permit applicant outlining discrepancies in the plans, reports, and/or calculations (if any). 4. The Consultant will perform follow -up plan reviews as required to confirm that plans have been corrected adequately according to the original plan review. In these instances, the Consultant will furnish additional letters directly to the Building 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 compliance with the structural provisions of the Building Code, the Consultant will issue a final letter stating that there are no further comments. 5. The plan review services for each permit applicant will be treated as an individual project, the Consultant will compute the plan review fee in accordance with the contract schedule for each project and invoice the City upon completion of the plan review. The consultant will invoice the city prior to the 10 of each month. 6. The City may need other structural engineering services throughout the term of the on -call agreement. For these instances, the Consultant will perform structural engineering services as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. 1 7. The City, in entering into this agreement, does not guarantee that any services will be requested nor guarantee any specific dollar amount of work during the term of this Agreement. 8. The city shall respond to the consultant's telephone or E -mail inquires concerning interpretation of City Standards within three (3) working days. 9. The Consultant shall complete the specified plan review generally within (15) calendar days of written notification by the City. The (15) day period shall result in written comments to the engineer of record or a return of the plans to the City, approved for issuance. (Large and /or complex projects may take longer to review but require concurrence by City of time extension). 10. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to the Washington State Building Code as adopted and amended by the City of Tukwila. 11. The City shall administer issuance of building permits and certificates of occupancy. The consultant will assume no responsibility for proper on -site construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with approved plans, contract documents, and permit conditions. 12. Corrections or comments made during the review process do not relieve the project proponent or designer from compliance with requirements of codes, conditions of approval, or permit requirements. Nor is the designer relieved of responsibility for a complete design in accordance with the laws of the state of Washington. 2 EXHIBIT `B' COMPENSATION SCHEDULE Sound Inspections Investigative Engineers will follow the payment schedule that the City of Tukwila has in place at this time. Our fees will be based off of the fee schedule for permits and plan review as adopted by the City of Tukwila. We will charge 70% of the plan review fee collected by the City. Example: If the plan review fee is $1000.00 we will charge $700.00 for the plan review service. When we are complete with our review the plans will be ready to issue for permit. Our turn around time will be 2 weeks max, meaning if corrections are required we will have red lined plans back to the engineer of record within that two week period or returned to the City for issuance.