Loading...
HomeMy WebLinkAbout26-109 - Contract - GGLO, LLC - Design Services: Riverton Park RenovationsCity of Tukwila • 6200 Southcenter Boulevard, Tukwila WA98188 • CONTRACT FOR SERVICES Contract Number: 26-109 Council Approval N/A 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 GGLO Architecture, Interior Design, Landscape Architecture, Planning & Urban Design, LLC (GGLO, LLC)., hereinafter referred to as "the Contractor," whose principal office is located at 1301 Fifth Avenue, Suite 2200, Seattle WA, 98101. 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: 1. 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 $85,823.00 for completion of work outlined in the attached Authorization To Begin Design Services (Exhibit A). 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 April 13, 2026, and ending May 31, 2026, 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 suits including attorney fees, arising out of or in connection with the performance of this Agreement, CA Revised May 2020 Page 1 of 4 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 Fuill 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 Pa,ge 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: VIL 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 alll 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. 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 anytime 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. Assicinment 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 Aareement: 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 Pa,ge 3 of'4 Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Sever 'pity 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 Sauthcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below, 16. A r°_V r F . This Agreement shall) be governed by and construed in accordance with the laws of the estate 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 24x" day of April, 2026. CITY OF TIi IKWILA �KCI rZigned by: ►ia.S hG(,uj Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: ��E'�P�'dd��6A'8423::`........................................... _ Andy Youn-Bammett, City Clerk. Signed by: �i rboq In t,ln a Office of the City Attorney YuSned by.- By: y.By" Printed NarmeYark slnd ll Title:hnciQal Address: 1301 5th Ave #2200 Seattle WA 98101 CA Revised May 2020 Page 4 of Date: March 26, 2026 Project: Riverton Park Project No.: 2026018.01 tiR+ HI I I`, C, I U 1� E G Pli I' i':I ( ) i� ;) L A N D ', C A E U r D A I'd D E S G, N This document constitutes an interim working agreement, and authorizes GGLO to begin design services as described below. Services will be performed and invoiced on a lump sum basis. No construction document or construction contract administration services will be performed under this Authorization. An agreement, with details of the working relationship, will be prepared by the city of Tukwila and GGLO for continuation of the services beyond this authorization. The attached Terms of Agreement are incorporated by reference into this Agreement. Client: Tukwila Parks and Recreation 12424 42nd Ave S, Tukwila, WA 98168 Authorized Representative- Kris Kelly, Parks and Recreation Manager Project Description: The site of approximately 4 acres, known as Riverton Park, is located at 12424 42nd Avenue South,, Tukwila, WA 98168. GGLO to permit, document and observe the construction of a previously designed project area of the park — Riverton Park Playground, for Tukwila Parks and Recreation. New play area • New site furniture, bike racks, signage, shelter • Native and Adaptive Plants Irrigation is not included in scope, assumed design -built with performance specifications. • Project Management and coordination of full design Team Scope of Services of this Authorization: Task 280 See Cultural Resource Consultant Scope Task 281 See Surveyor Scope Task 282 See Geotechnical Engineer Scope Task 480 Permit Documents (See Civil Engineering and Cost Estimation Scopes) GGLO, Latitude 48 and ['BCW Cost management to proceed with Permit Documents based on the Approved Set or drawings dated April 30, 2024 and Client's authorization to proceed. • Review all park elements with the client and refine project information, hardscape and landscape plans, material and planting paleftes, and typical details. • Prepare General sheets and zoning and code diagrams and calculations required by City of Tukwila for required for permit submittals. • Review Playground components and adjust per availability, pricing, etc. Consider alternatives. E:UOM2026018 COTUK - Riverton ParkAl-Management' Admin\Contract\Authorization to Begin For Design Services.docx SEATTLE I LOS ANGELES I BOM 0 • Meet with Design consultants, issue bases for their work. • Coordinate work with design consultants,. • Attend bi-weekly project team design & coordination meetings. • Prepare draft CSI specification and confirm applicability of products with City. • In-house quality review of documents. Deliverables: * 30 x 42 Permit drawing set per jurisdictional requirements. * Permit documents will include general sheets and information; layout and materials plans; planting plansl-, material and planting palettes, street furnishings and typical details. * Draft CSI specification of landscape related materials. Task 485 See Civil Scope - NPDES Permit Coordination and WPPP Preparation Compensation of this Authorization: ARCHITECTURE ANTER [ORS Task 280 CULTURAL RESOURCE REPORT I Fixed Fee 1 $9,998 Task. 281 SURVEY I Fixed Fee 1 $8,,470 Task �282, GEOTECHNICAL REPORT Task 480 PERMIT DOCUMENTS I Fixed Fee 1 $53,605 Task 485 NPDES PERMIT COORDINATION AND SWPPP Fixed Fee $5,500 PREPARATION'.I I Schedule, of this Authorization: SEATTLE I LOS ANGELES I 1301$SE g 0 � c) c o rn Task 280 CULTURAL RESOURCE REPORT (inc. ireimbursables) April 1 -April 20, 2026 Task 281 SURVEY April 1 — April 17, 2026 Task, 281 GEOTECHNICAL REPORT April 21 — May 20 20216 Task 480 PERMIT DOCUMENTS April I -June 15, 2026 Task 485 NPDES PERMIT COORDINATION AND SWPPP PREPARATION April 20 - May 15, 2026 SEATTLE I LOS ANGELES I 1301$SE g 0 � c) c o rn 0 Sig tied by: Authorized WeWtWepr&eentative T4011-�� Mark Sindell, Principal GGLO Architecture, Interior Design, Landscape Architecture, Planning and Urban Design, LLC. Attachments: Terms of Agreement SEATTLE I LOS ANGELES 1801M g 0 c) C- o rn ARCHITECTURE �NT ER [ORS U RB A 114 D �, S 4 G N 4/22/2026 18:46 AM PDT Date March 26, 2026 Date %XU,LO a N i, F.." R 10 R S LANDSCAFIL URBAN FDES�GN Exhibit A SCOPE OF SERVICES PROJECT DESCRIPTION The site of approximately 4 acres, known as Riverton Park,, is located at 12424 42n" Avenue South,, Tukwila, WA 98168. GGLO to permit, document and observe the construction of a previously designed project area of the park — Riverton Park Playground, for Tukwila, Parks and Recreation. • New play area • New site furniture, bike racks, signage, shelter • Native and Adaptive Plants 0 Irrigation is not included lin scope, assumed design -built with performance specifications. 0 Project Management and coordination of full design Team SCOPE OF BASIC SERVICES This scope document presents Basic Landscape Architecture design professional services by phase. Listed with a description of each phase are anticipated deliverables. Each subsequent phase of work will proceed upon authorization of each phase by the Client. A. Task 280 See Cultural Resource Consultant Scope B. Task 281 See Land Surveyor Scope C. Task 282 See Geotechnical Engineer Scope D. Task 480 Permit Documents GGLO to proceed with Permit Documents based on the Approved Set or drawings dated April 30, 2024 and Client's authorization to proceed. • Review all park elements with the client and refine project information, hardscape, and landscape plans, material and planting palettes, and typical details. • Prepare General sheets and zoning and code diagrams and calculations required by City, of Tukwila for required for permit submittals. • Review Playground components and adjust per availability, pricing, etc. Consider alternatives. • Meet with Design consultants, issue bases for their work. Coordinate work with design consultants,. • Attend bi-weekly project team design & coordination meetings. Prepare draft CSI specification and confirm applicability of products with City. • In-house quality review of documents. Deliverables.: 0 30 x 42 Permit drawing set per jurisdictional requirements. * Permit documents will include general sheets and information; layout and materials plans; planting plans', material and planting palettes, street furnishings and typical details. 0 Draft CSI specification of landscape related materials. E. Task 580 Construction Documents Phase Approved Design Development deliverables and project budget to be the basis of the Construction Documents. GGLO will collaborate with the Client to carry out the design lintent through refinement and detailing of the project. 0 Finalize design exhibits noted in Permit phase scope of services and provide detailed .dimensioning and notes suitable for permit approval, bidding, and construction of the project. 0 Add enlarged plans where needed, sections and non -typical details to describe design intent. SEATTLE I LOS ANGELES I BOBE ,:,I ,;-�j i n - o rn City of Tukwila Parks and Recretion Riverton Park Landscape Architecture Proposal March 18, 2026 • Attend bi-weekly project team design & coordination meetings related to Landscape. • Prepare CSI Masterspec specifications. • In-house quality review of documents. Deliverables: • Final Construction Documents • Permit Corrections. • Landscape Specifications in CSI Masterspec format. F. Task 680 Bidding Services Upon approval of the Construction Drawings, and with the written authorization of the Client, GGLO to provide bidding support services. Prepare addenda to Construction Documents to document clarifications and approved substitutions. GGLO assumes addenda will contain minor scope changes. Respond to questions from Owner and/or Contractor(s) regarding design intent and acceptability of substitutions. The Bidding Phase is complete when the Construction Contract has been awarded, or written notification is given by the City to the successful bidder. Deliverables: • Written addenda with drawing exhibits • 30 x 42 Issue for Construction drawings (IFC set) incorporating resolution of the Bid process. G. Task 780 Construction Phase Services Construction administration services shall begin when an award has been made and end upon receipt of all requirements of this Agreement and when the final pay estimate has been paid to the Construction Contractor. • Attend on site Landscape pre -construction conference. Contractor to prepare and distribute agenda and meeting notes with action items. • Review General Contractor's construction schedule and submittal schedule. • Respond to Landscape related RFI's (Request for Information) submitted by the General Contractor. • Issue Landscape related ASI's (Architect's Supplemental Instructions) and SD's (Supplemental Drawings) to Architect to clarify design intent. • Review properly processed Contractor submittals and shop drawings with a limit of two (2) reviews per submittal. Coordinate consultant reviews with consultant team members. • One review and comment upon final design -build MEP documentation to be processed as a submittal. • Attend Owner / Architect / Contractor (OAC) progress meetings regarding Landscape scope of work. Contractor to prepare and distribute agendas and meeting notes with action items. Assumes a maximum of 16 Meetings, concurrent with Site Visits. • Observe construction progress of Landscape related scope on a weekly basis. Prepare and issue Field Observation reports from site visits when progress is measurable. Assumes a maximum of 16 Site Visits, concurrent with meetings. • Review Contractor's punch list of Landscape correction items at Substantial Completion. • Forward to the Owner, for Owner's review and records, written warranties, record documents, operations and maintenance manuals and related documents required by the Contract Documents and received from the Contractor. City of Tukwila Parks and Recretion Riverton Park Landscape Architecture Proposal March 18, 2026 Upon written request by the Owner, Landscape Architect will conduct a meeting with the Owner to review landscape related items prior to 1 year anniversary of Substantial completion. SUPPLEMENTAL SERVICES The following tasks are identified as Supplemental Services that fall outside the basic design scope. These services may be provided upon request, authorization by the Client, or as the project scope dictates. Task 481 Permitting Coordination • Schedule Permit Intake with the City of Tukwila. • Coordinate with design consultants in preparation for all permits required for the implementation of the project. • Prepare and Coordinate Building Permit submittal forms with Owner. • This task assumes one (1) round of building permit corrections. Tasks 482-485 See Civil Engineer Scope Task 581 Conformed Set of Construction Documents (Bid Set) Following completion of the permitting process, the Team will prepare a conformed set of drawings incorporating revisions resulting from agency review comments. Services include: • Incorporate revisions resulting from permitting agency comments. • Update plan sheets, details, and notes to reflect final approved design. • Coordinate updates across all disciplines to ensure consistency. • Prepare a final conformed plan set suitable for bidding. Task 781 Record Drawings (As -Built Drawings) Not Added at this time. See Additional Services. City of Tukwila Parks and Recretion Riverton Park Landscape Architecture Proposal March 18, 2026 ADDITIONAL SERVICES The following services are not part of our Scope of Basic Services. If requested by the Client, GGLO will prepare a separate Authorization for approval prior to proceeding with the work. • As -Built Drawings. • Record Drawings. • LEED / other Sustainable Design Certification Program enrollment, documentation, and certification process. • Life Cycle Cost Analysis. • Study Models or Presentation Models. • Rendered/Colored Perspectives and 3-D modeling, other than what is identified in Basic Services or elected to do by the Landscape Architect. • Marketing Information such as brochures, exhibits, etc. • Meetings other than those specifically included in Basic Services. • Out of sequence design or revisions or design phase durations beyond those shown in the attached schedule. • Extraordinary and/or challenging jurisdictional requirements including Environmental Impact Statement support or hearing examiner presentations. • Engineering and Hydrology Design of Pools or water features • Exterior Building Lighting Design or engineering • Signage and Wayfinding • Site Lighting Design and Full Irrigation Design • Construction Observation beyond timeline identified in project schedule 4� ig WashingtonWBE/DBE CertifiedJ.I1 _I 1229 Cleveland Avenue :Mount Vernon, Washington 98273 Telephone 360-826-4930 Fax 360-826-4830 wmv.equinoxerci.com March 13, 2026 Tim Slazinik PLA, ASLA, LEED Green Associate Senior Associate GGLO SEATTLE / LOS ANGELES / BOISE WWW.GGLO.COM RE: Cultural Resources Survey, 4112 S 131st St, Tukwila, Washington Tim Slaznik: Thank you for considering Equinox Research and Consulting International Inc. (ERCT) for your cultural resource management needs for your planning purposes. We understand that the City of Tukwila will use an RCO grant to renovate Riverton Park Playground. The existing playground and picnic shelter will be replaced, paths will be renovated and new furnishings and landscaping will be installed. The State of Washington also has a series of RCWs and associated WACs concerning cultural resources that we are guided by. in providing cultural resource management services for clients, ERCT works in accordance with all applicable laws and regulations. Scope Subsurface and pedestrian survey with up to 30 shovel probes One Historic Property Inventory Report to state and federal standards Qualifications • Principal investigator and senior archaeologists meet the Secretary of Interior's professional qualification standards for archaeology • Expertise on prehistoric and historic archaeology of Washington • Experience in Section 106 and applicable state and local laws relating to historic preservation and human remains • Positive working relationship with federally recognized Tribes and experience in tribal coordination • Experience in processes that balance competing resource needs • Strong record of completing work within budget Assumptions • We will not encounter human remains during fieldwork • There will be no additional permits or plans • No deep machine testing will be needed • Project will not require a cultural landscape evaluation • Survey area is clear of impenetrable vegetation (ex: blackberries) The team at ERCI comprises individuals with strong personal research specialties who pride themselves on efficiency, performance and integrity. We provide the highest quality product. Please visit our web site for additional details, at vrwwxqujnoxcrcicom, Thank you for the opportunity to, provide excellent heritage planning services for your project, and we look forward to working with you. Regards, Kelly R. Bush Equinox Research and Consulting International Inc. (ERCI) 19 kcal ZIMIN 11 Re Ileill A i Grouped, Totals by Job Classification Job Classification Hours 1 Rate Units Archaeological Technician 6.00 59.67 358.02 Archaeological Technician 24.00 65.10 1562.28 Archaeologist 12.00 94.93 1139.17 Archaeologist 4.00 81.37 325.48 Archaeologist 8.00 84.08 672.65 Historian Historic Property 30.00 89.51 2685.18 Inventory Principal Investigator 7.00 149.18 1044.24 Senior Archaeologist 10.00 97.64 976.43 Direct Costs Description Hours Rate Cost Units Mileage (140 miles R/T) 1 140.00 vehicle(s) rL -liffilmom'. $ Job Class, 8763.44 Subtotal Direct Costs 98.0 Subtotal I A Grand Total 8861.J I Equinox Research and Consulting International Inc. (ERCI) 2 Pbone. 360-8264930 Fax. 360-826-4830 Email. kc1rbush@cquinoxcrci,corn Website; www.cquinoxcrcixorn I This Agreement (the "Agreement") is made this 25th day of March, 2026 by and between K & K Engineering & Surveying Inc. dba Encompass Engineering & Surveying, a Washington corporation, with its place of business located at 165 NE Juniper St. #201, Issaquah, WA 98027 (hereafter "Encompass") and , (hereafter "Client"). In consideration of the mutual covenants and agreements stated below, the parties agree as follows: I. Encompass' Services Provided A. Proiect and Services. For the compensation stated below, Encompass shall provide to Client professional services specified below: Project Site: King County Parcel Nos. 7340600884, 7341600005, 7341600010, 7341600015, 7341600020 and 7341600025 located at 4112 S 131" St. in Tukwila, WA — AKA Riverton Park Encompass UBI#: 602463841 Scope of Services: Boundary and Topography Survey • Encompass will solve the property boundaries based upon previous surveys, deeds and records. o Property Corners will be set o A title report, supplied by the Client will be reviewed and pertinent items will be shown on the survey map. o Encompass will file a Record of Survey with King County. The filing fee of $430 is included in the Lump Sum Cost. Encompass will create a topography map to include: o 1 -foot contours (25' grid), paths, parking, picnic shelter, trees, limits of designated planting areas, utilities and other significant topographic features o Underground utilities will be based on measure down information in storm manholes, sewer manholes, together with utility paint marks to be provided by others (Encompass will work with a utility locating company for the paint marks. The cost of the paint marks is $1,100.00 and is included in the below cost. The sewer and storm will be extended to the next structure past the survey limits. The limits of the topographic survey will be the westerly portion of the Project Site as identified by the City on provided Survey Limits map. Encompass will deliver a signed PDF and AutoCAD drawing of the Boundary and Topographic map. A hardcopy of the map will also be available if requested. Task Assumptions • Additional services outside of the above scope of work will be invoiced on a time and material basis. Western Washington Division 165 NE Juniper St., Ste 201, Issaquah, WA 98027 Phone: (425) 392-0250 Lump Sum Fee: $7,700.00 www.EncompassES.net Page 1 of 9 Eastern Washington Division 110 South Oakes Ave 4250, Cle Elum, WA 98922 Phone: (509) 674-7433 *PLEASE NOTE- ALL FIELD WORK, AND COSTS ASSOCIATED ARE WEATHER DEPENDENT. B. Delay or Suspension. Encompass may terminate this Agreement and its services if Client delays the commencement of services for more than ninety (90) days, or if Encompass' services are suspended for more than ninety (90) days, consecutive or in the aggregate. C. Services Rendered Only to and for Client. These services are provided for the exclusive use of Client, and will not be used by or rendered to any other person or entity, or used for any other purpose or project, without the prior written and signed consent of Encompass. 11. Comi)ensatlon to Encompass For the services specified above, Client shall pay Encompass as follows: A. Compensation is based on the lumv sum cost, which is $7,700.00 in accordance with the Rate Schedule. Client understands and agrees that the lump compensation, as set forth in this Section, is based solely on the services provided described in Section I above. Any additional out of scope items or changes to the lump sum cost due to unforeseen difficulties will be discussed with the Client prior to proceeding with the work. B. Deposit As partial security for payment, a deposit of Sit shall be paid concurrently with the signing of this Agreement and before work is begun on Client's project (the "Deposit"), The Deposit may be applied to any overdue amount on invoices as provided in Section 111, Paragraph below, and after such application Client will reinstate the Deposit to its original amount. At the termination of completion or Encompass' services, any Deposit remaining may be applied to the final invoice and the balance will be returned to Client or, if the Deposit is not sufficient to cover the charges in the final invoice, Client shall pay the balance remaining in accordance with payment procedures set out in the Agreement. C. Credit Card. All Clients must have a credit card on file with Encompass' office. To the fullest extent permitt cd by law:, in the event the Client does not pay an invoice within sixty (60) days of the date of the invoice, the Clients' credit card will be charged for the full fees owing on the account, and Client hereby irrevocably authorizes Encompass to charge its credit card as, so described. The foregoing right shall not be Encompass' sole right or remedy for Client's failure to make timely payment. Encompass retains all other rights and remedies it has under this Agreement or otherwise for Client's said failure. Initial I have read and understand Sea,, 1"araggraphs B-3 and C above. (initial), Ill. Fee Schedule and Billing A. Invoices. lces and costs will be billed to Client by invoice on a monthly basis beginning with the next regular billing cycle. All invoices are due and payable upon receipt. The entire invoice amount is due, and Client shall pay Encompass the entire invoice amount; within thirty (30) days of the date of the invoice. Any amounts which are not so paid on time shall accrue interest at the rate of one and one-half per cent (11/2%) per month .from the date of the invoice. a. Disputed Invoices. Client must notify Encompass in writing within ten (10) days of the date of the invoice of any question, issue or discrepancy with the invoice. Absent such written notification within ten (10) days of the date of the invoice, Client agrees that the invoice amount is correct, due and payable, and binding on Client. C. Failure to Timely Pay Invoices. Encompass may (but is not required to) do any or all of the following if an invoice is not paid when due: I " Suspend or terminate its services. 2. Apply the Deposit to the overdue amounts, demand immediate payment of any balance owing to Encompass, and demand reinstatement of the Deposit to its original amount. 3. Charge Client's credit card. The rights above are in addition to, and not in lieu of, any other rights and remedies Encompass may have under thl,,% Agreement, statute, other law or equity. Page 2 of 9 Nothing in this Agreement shall be deemed to be a waiver of Encompass' right to stop work or to enforce its lien for Client's failure to pay for its professional services when due. In addition to any past due amount and any amount due under other provisions of this Agreement, Client will pay all of Encompass' reasonable expenses necessary for collection of any past due amounts including, but not limited to, attorney's fees and expenses tiling fees, lien costs and Encompass' staff time. IV. Additional Services/Payment A. Increased or Additional Work as a Result of Change in Governmental Policy. In the event that a change in governmental or agency policy after the date of this Agreement requires additional office or field work by Encompass, then the Client shall be notified to obtain authorization for Encompass to provide additional services, the fee for which will be determined at the time the Client is notified. B. Re -staking of Property. Any re -staking shall be paid for by Client as extra work unless it is necessary because of the act or omission of Encompass. C. Changes. Client may request changes in the services, but such changes shall not become part of this Agreement until they are approved in a signed writing by Encompass. Changes may have the effect of increasing or decreasing the cost of the Services. V. Client's Duties and Responsibilities In addition to Client's duties stated elsewhere in this Agreement, Client shall: A. Be responsible for and pay any and all checking and inspection fees; zoning, subdivision, and annexation application fees; assessment fees; soils engineering fees; aerial topography fees; structural engineering fees; costs of permits; bond premiums; title company charges; blueprint and reproduction costs; and all other costs not specifically allocated to Encompass in a writing signed by Encompass. B. Arrange safe access to, furnish Encompass with right - of -entry, and make all provisions for Encompass to enter- upon public and private property and facilities as required for - performance of the scope of services. C. Cooperate reasonably to assist or allow Encompass to perform its services. D. Be responsible for, and Encompass may rely upon, the accuracy and completeness of all requirements, data, instructions, reports and other information provided by Client or its contractor(s), and Encompass may use the same in performing its services. E. To identify the locations of any underground facilities, structures or utilities on or adjacent to the project site which could impact Encompass' services. Encompass shall not be responsible for damage to such facilities, structures or utilities not so identified prior to the damage occurring. Client's indemnification, defense and hold harmless obligations in Section TX of this Agreement shall apply to any claims or actions arising out of such damage. F. Assume responsibility for safety at the site, and promulgate reasonable safety policies and procedures for the Project Site. VI. Encompass' Performance A. Standards of Care. The standard of care applied for all professional engineering and related services provided by Encompass under this Agreement will be the degree of care and skill ordinarily used by members of the subject profession practicing in the same discipline under similar circumstances at the same time and in the same locality. The standard of care applied for all survey and related services provided by Encompass under this Agreement will be the degree of care and skill ordinarily used by members of the subject profession practicing in the same discipline under similar circumstances at the same time and in the same locality. B. No Warranties. To the fullest extent allowed by law, Encompass makes no warranties, express or implied, under this Agreement or otherwise, in connection with Encompass' services. No warranty or guarantee, either express or implied, is made or intended by this Agreement or by any report, opinion or Instrument of Service (as defined in Section XT below) provided by Encompass. C. No Guarantee on Amount of Cost or Time. Client acknowledges that Encompass has made no warranty or guarantee about the total amount of charges or about the length of time to complete your matter. D. No Representation Concerning Construction Costs or Governmental Fees. Encompass makes no representations regarding any cost figures made in connection with construction costs and/or- governmental fees. Client understands that any such cost figures are estimates only and that Encompass is not responsible for any difference between the cost figures and actual costs or for any fluctuations in costs. E. Exempt Wells. Encompass makes no representation regarding legal withdraw of groundwater through the use of exempt wells. F. Safety and Security. Encompass shall have no authority over, or responsibility for, safety or security at the project site. Safety at the site shall be the responsibility of Client or its contractors. Encompass' employees and representatives shall comply with the applicable requirements of the Client's or its contractor's safety procedures which have been provided to Encompass in writing. G. Force Majeure. Encompass shall not be considered in breach of this Agreement nor will it be liable for damages to the Page 3 of 9 extent that the performance of its obligations is prevented by an event beyond the reasonable control of Encompass, which includes, but is not limited to (i) act of God (such as, but not limited to, tires, explosions, earthquakes, lightning, inclement weather, droughts, tidal waves and floods); (ii) war, hostilities, embargo or rebellion; (iii) riot, commotion, protest, strikes, slowdowns, lock outs or disorder; (iv) acts or threats of terrorism; or (v) explosions; or (vi) unanticipated discovery of any Hazardous Materials, differing site conditions, delays or accidents caused by third -parties, failure by Client to provide Encompass access to perform its services, or negligent work or intentional acts by other parties (vii) delays because of strikes, lockouts, work slowdowns or stoppages (viii) failure of any governmental or regulatory authority to act in a timely manner. When such delays beyond Encompass's reasonable control occur, the rates and amounts of compensation provided for in this Agreement will be subject to equitable adjustment. H. Soil Conditions. Other than as specifically and expressly provided herein, Encompass makes no representation regarding soil conditions, and Encompass shall have no liability relating to any soil condition or for failure to make soil surveys, sub -surface soils tests or other soil tests. 1. Areas. Encompass makes no representation concerning areas. Any estimates of areas are estimates only, and are not guaranteed or warranted. VII. Termination A. By the Client. The Client may direct Encompass to terminate work at any time. This termination of services must be in writing and delivered to Encompass at their primary office in Cle Elum, Washington. Termination will not take effect until Encompass receives such notice. B. By Encompass. Encompass may, after written notice to the Client, terminate working on the Client's matter if the Client has misrepresented or failed to disclose any important facts, failed to cooperate with or follow the advice of Encompass staff, failed to pay billing statements promptly and in full, is in breach of this Agreement, or for any other reason. C. Payment. Whether- the Client or Encompass terminates the services, the Client remains obligated to pay for services rendered and expenses incurred until termination, and Client shall pay such amounts immediately. VIII. Hazardous Materials A. Hazardous Materials. As used in this Agreement, the term "Hazardous Material" means any toxic substances, chemicals, radioactivity, pollutants or other- materials, in whatever- form or state, known or suspected to impair the environment in any way whatsoever. The term, "Hazardous Materials" include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes or - substances, dangerous wastes or substances, toxic waste or substances or pollution, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"), the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"), the Washington Model Toxics Control Act, Chapter 70.105D RCW ("MTCA") and their implementing regulations. B. Encompass is not an Owner, Arranger, Operator, Generator or Transporter. Client acknowledges that Encompass is performing professional services for Client and that Encompass is not and shall not be required to become an "owner," "arranger," "operator," "generator," or "transporter" of Hazardous Materials under CERCLA or other federal or state statutes or regulations which are or may be encountered at or - near the project site in connection with Encompass' services under this Agreement. C. Client's Disclosure; Representation. Client shall disclose in writing to Encompass prior to commencement of its services the existence and location of all known or suspected Hazardous Materials on or near the project site. Client represents to Encompass that to the best of its knowledge, no Hazardous Materials, other than those disclosed in writing to Encompass, exist at the project site. D. Not Responsible for Hazardous Materials. Encompass shall not be responsible or liable for the existence, presence or release of any Hazardous Materials present at the project site prior to or during the performance of Encompass' services, except those generated solely by Encompass. Client's indemnification, defense and hold harmless obligations in Section IX of this Agreement shall apply to claims or actions arising out of such existence, presence or release. IX. Limitation of Liability; Indemnification; Time Limit on Claims Client and Encompass agree that the provisions of this Section reflect the relative risks, rewards and benefits of the Project to Client and to Encompass, and is a material part of this Agreement. A. Limitation of Liability. To the fullest extent permitted by applicable law, the aggregate liability of Encompass, including that of its affiliates, officers, directors and employees, is limited to $20,000 or the amount of Encompass' fee for - services under this Agreement, whichever is greater. This limitation applies to all losses, expenses, damages, lawsuits, claims or actions, whether based on negligence, errors or omissions, tort, warranty, breach of contract, breach of the standard of care, misrepresentation, strict liability or other legal theory, that arise out of or are related to this Agreement or the services, materials or Instruments of Service (as that term is defined in Section XT below). At Client's request prior to the commencement of services, Encompass may agree to increase the limitation of liability amount in exchange for a negotiated increase of Encompass' fee. Any such agreement must be in a writing signed by Encompass Page 4 of 9 before the commencement of its services. Client agrees that any agreed increase in fee is not a charge for additional professional liability insurance, but consideration for Encompass' higher risk. B. Indemnification. To the fullest extent permitted by applicable law, Client will defend, indemnify and hold Encompass, its affiliates, officers, directors and employees (collectively, "Indemnitees" or individually an "Indemnitee") harmless from and against any and all claims (including without limitation claims by third parties, claims for bodily injury to persons or damage to property, claims for economic loss, and claims arising out of Hazardous Materials), actions, liabilities, damages, fines, penalties and costs including, but not limited to, reasonable attorney fees and costs of defense (all referred to collectively as "Losses") arising out of or in any way related to this Agreement or the services, materials, documents or Instruments of Service that Encompass provides. Notwithstanding the foregoing, (1) Client shall have no obligation under this Paragraph B to defend, indemnify or hold harmless an Indemnitee for Losses caused by the sole negligence of the Indemnitee or the Indemnitee's agents or employees; and (2) if Losses are caused by or result from the concurrent negligence of the Indemnitee or Indemnitee's agents or employees and the Client or its agents or employees, then Client's obligation under this Paragraph B to defend, indemnify and hold the Indemnitee harmless with respect to such Losses shall apply only to the extent of the negligence of Client or its agents or employees. Client's indemnification obligation shall include, but is not limited to, all claims against an Indemnitee by an employee or former employee of Client, and Client expressly waives all immunity under industrial insurance, Title 51 RCW. This waiver has been mutually negotiated by Client and Encompass. C. Waiver of Consequential Damages. In no event will Client or Encompass be liable to the other for any special, indirect or consequential damages of any nature arising out of or related to the performance of this Agreement, whether based on negligence, en -ors or omissions, tort, warranty, breach of contract, breach of the standard of care, misrepresentation, strict liability or other legal theory. D. Limitation on Time to Bring Claims. To the fullest extent allowed by applicable law, all legal actions by Client against Encompass related to Encompass' services or this Agreement, whether- based on negligence, errors or omissions, tort, warranty, breach of contract, breach of the standard of care, misrepresentation, strict liability or other legal theory, will become barred two (2) years from the completion of Encompass' services. X. Lien Rights Encompass shall have all lien rights as allowed by law to protect its rights to payment. Xi. Instruments of Service A. Property of Encompass. All tracings, survey notes, drawings, designs, reports and other documents or data prepared or provided by Encompass (collectively, the "Instruments of Service"), and their related copyrights, shall remain the property of Encompass. Encompass may withhold or terminate the right of Client to use the Instruments of Service if Client fails to pay when due all amounts owing to Encompass. B. Use. Neither Client nor- any other- person, entity or - organization, mays use the Instruments of Service for additions or alterations to the project identified herein, or for other projects, without the prior signed written permission of Encompass. Client will indemnify, defend and hold harmless Encompass, its directors, officers and employees against any damages, claims or losses arising out of such use of the Instruments of Service that is not so authorized by Encompass, under Section III, Paragraph B above. C. Changes. Encompass will not be responsible for any alterations, modifications or additions to the Instruments of Service not made by Encompass. Client will indemnify, defend and hold harmless Encompass, its officers, directors and employees against any damages, claims or losses arising out of alterations, modifications or additions not made by Encompass, under Section ITT, Paragraph B above. XII. Additional Terms A. Integration. This Agreement contains the entire agreement between the parties with respect to the subject matter, and supersedes all prior- agreements or understandings between Client and Encompass concerning Encompass' services. There are no other oral or written agreements between the parties relating to the subject matter of this Agreement. Client hereby agrees that it has not relied upon, and is not relying upon, any representation or warranty of Encompass which is not specifically expressed in writing in this Agreement. B. Amendment. No alteration, amendment or modification of this Agreement shall be effective or enforceable unless it is reduced to writing and signed by both Client and Encompass. C. Rights and Benefits. Nothing in this Agreement gives any rights or benefits to anyone other than Client and Encompass. All duties and responsibilities undertaken pursuant to this Agreement are for the sole and exclusive benefit of Client and Encompass and not for the benefit of any other party. No third party shall have the right to rely on the product of Encompass' services without Encompass prior signed written consent and the third parry's agreement to be bound to the same terms and conditions as the Client. D. Binding Effect. This Agreement binds Client and Encompass and their respective successors and any permitted assigns. E. Assignment of Agreement or Claims. Client may not delegate, assign, sublet, or transfer the rights, duties, interests or responsibilities set forth in this Agreement, or any cause of Page 5 of 9 action or claim relating to the services provided under this Agreement, without the written consent of Encompass. F. Authority to Sign. The persons signing on behalf of a party wan -ant to the other party that they are authorized to do so and to bind the party for which they are signing. G. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law principles. H. Jurisdiction and Venue. Client and Encompass hereby (i) agree that any litigation or other dispute resolution proceeding relating to this Agreement may take place in King County, or Kittitas County, Washington; (ii) each irrevocably submit and consent to personal jurisdiction of, and venue in, the state and federal courts of or in that county; (iii) agree that such courts offer convenient forums and proper venues for any such litigation; and (iv) waive to the fullest extent permitted by law any defense that maintenance of the proceeding in any such court is inconvenient or otherwise improper. I. Attorney Fees and Costs. The prevailing party in any dispute concerning this Agreement or the services provided will be entitled to cover reasonable attorney fees and costs, including but not limited to, expert witness fees, filing fees, service of process fees, copying charges, post judgment fees, incurred in connection with any federal, state or bankruptcy court proceeding. [Signature Page to Follow] J. Survival. The terms and conditions of this Agreement survive completion of the services and any termination of this Agreement. K. Severability. If any provision of this Agreement is ever held to be unenforceable, all remaining provisions will continue in full force and effect. Client and Encompass agree that they will attempt in good faith to replace any unenforceable provision with one that is valid and enforceable, and which conforms as closely as possible with the original intent of any unenforceable provision. L. Waiver. A waiver by any party of any obligation will not be deemed a waiver of compliance with any other obligation or of its right to seek redress for any breach of any obligation on any subsequent occasion, nor will any waiver be deemed effective unless in writing and signed by the party so waiving. M. Cooperation and Good Faith. The parties shall cooperate in good faith and take such actions as are reasonable to carry out the intentions of this Agreement. The parties agree (a) to furnish upon request to each other such further information, (b) to execute and deliver to each other such other documents, and (c) to do such other acts and things, all as the other party may reasonably request for the purpose of carrying out the intent of this Agreement. To be effective, any and all notices from Client to Encompass under this Agreement must be provided to the person signing this Agreement below on behalf of Encompass. Page 6 of 9 The terms, conditions and scope of services described above are hereby agreed upon and accepted, and Encompass is authorized to proceed. ENCOMPASS K & K ENGINEERING & SURVEYING INC., DBA ENCOMPASS ENGINEERING & SURVEYING, A WASHINGTON CORPORATION Steve McCaskey, PLS RIM Its Survey Manager Date: 3-25-2026 CLIENT Signed by, L�S s 7 G. - By: Kris Kelly Date: 4/22/2026 18:46 AM PDT Page 7 of 9 El I have read and understand Section [L 8 related to deposits. * If the deposit a 11 be paid by cheek, work can commence once the check has cleared ("REDIT CARD INFORMATION Name on ("argil: Billing Address for Card(if diffi�renl than above): Crvdit (""aurin Number Expiration Date Security ("ade El v isa El Mastercard El Discover [],Arnerican Express Page 8 of 9 E n J oi EXHIBIT "A" HO URL Y RA TE SCHED ULE Effective 1/1/2026 Principal SurveyorlEngineer $2001hour Senior Project Surveyor/Engineer $1851hour Professional SurveyorlEngineer $1801hour Project SurveyorlEngineer $1 751hour Design Engineer $1651hour EngineeringlSurveying Technician $1501hour Senior Project Planner $1 751hour Project Planner $1551hour Associate Planner $1451hour ClericallWord Processing $951hour I Man Survey Crew & Equipment $1 701hour 2 Man Survey Crew & Equipment $2251hour 3 Man Survey Crew & Equipment $2651hour Expert Witness $4001hour Overtime Requested by Client I Yz times rates shown Materials: Comprehensive Technology Fee 5% Office Budget Survey Material Fee 15% Field Budget Other Expenses Cost + 2,0% Encompass Engineering & Surveying invoices on a monthly basis for work performed in the previous month. Our terms are Net 30 Daysfrom date of invoice Western Washington Division Eastern Washington Division 165 NE Juniper St., Ste 20 1, Issaquah, WA 98027 110 South Oakes Ave 4250, Cle Elurn, WA 98922 Phone: (425) 392-0250 Phone: (509) 674-7433 www.Encoi-npaisES.net March 16, 2026 Proposal for Civil Engineering Services GGLO Attn: Marieke Lacasse 1301 Fifth Avenue, Suite, 2200 Seattle, WA, 98101 RE Riverton Park Civil Engineering Services Dear Ms. Lacasse, Latitude 48, P.S. appreciates the opportunity to present this proposal to conduct Civil Engineering Services for the Riverton Park project in Tukwila, Washington. This proposal is to confirm our understanding of the scope of services and compensation for this work. We look forward to the prospect of working with you on this project. Ply OJEST DESCRIPTION' The project is located at Riverton Park, 4112 S 131 st St, Tukwila, WA 98168 (Parcel Number 7340600884), The project site totals approximately 180,174 SF (4.14 acres) and is bound by S 13111 Street to the north, E Marginal Way S to the west, S 133rd Street to the south and Macadam Road S to the east. At the time of this proposal, a formal Pre -Application meeting with the City of Tukwila has not been conducted, nor have City meeting notes been provided for review. Furthermore, a Topographic Survey and Geotechnical Report were not available during the preparation of this scope. Consequently, the assumptions and fee estimates herein are based on preliminary site observations and standard industry practices for the region..A Topographic Survey and Geotechnical Report will be required prior to commencing design efforts for this project. Proposed development will include the renovation of the existing park facilities to include new artificial turf surfacing, play areas, pathways, and associated park amenities. The project will involve the demolition of existing site features to accommodate the new layout. Given that the project involves over 10,000 SF of new and/or replaced impervious surface, the development will trigger a, Full Drainage Review under the 2021 King County Surface Water Design Manual (KCSWDM)l, as adopted by the City of Tukwila. Because artificial turf is classified as Pollutant Generating Hard Surface (PGHS), the scope includes the design and implementation of Water Quality Treatment facilities. We do not anticipate that Stormwater Flow Control (detention) will also be required to mitigate runoff from the increased impervious area. These and other assumptions, are discussed in detail later in this proposal. We do not anticipate that frontage improvements will be required along either frontage. No mainline extensions or systemwide infrastructure improvements are anticipated to be required to support development of this site. 1, tittnle-,48,coorn SCHEDULE: Though a formal schedule has not been prepared at this time, for the purposes of this proposal we've assumed the, following schedule: • Permit Submittal: May 2026 • Construction Documents: August 2026 • Bidding: September 2027 • Start of Construction: October 2026 • End of Construction: July 2027 If substantial revisions are made to the above schedule or if the project is put on hold for a certain period, we foresee collaborating with the team to offer an additional service tailored to the revised schedule. uplftj. lmm The project is located within the City of Tukwila; the City of Tukwila is the jurisdiction having authority. The project will be designed in accordance with the 2021 King County Surface Water Design Manual (KCSWDM) as adopted by, the City of Tukwila. • Development of over 10,0010 SF of new/replaced impervious surface will trigger Full Drainage Review (Core Requirements #1-9). a Artificial turf surfacing is classified as Pollutant Generating Hard Surface (PGHS), requiring the design of Water Quality Treatment facilities. 0 Stormwater Flow Control (detention) will not be required to mitigate increased runoff. a Frontage improvements will not be required. 0 Permit submittals will be managed by the City project manager or by GGLO. • Provide civil engineering services for on-site improvements, including demolition & temporary erosion & sedimentation control (TESQ, irrigation service connection, grading, drainage/ utility, and pavement design. • For water service, we anticipate the existing infrastructure will be sufficient to support a new irrigation meter; no mainline extensions are anticipated. For sewer and power/comm service, we anticipate the existing infrastructure is readily available in the immediate Right -of -Way and sufficient to support on-site development. Ali Civil design, permitting and construction will occur in one phase. No separate permit or construction packages will be prepared. • Water for the proposed drinking fountains will be provided by King County Water District #125_ We assume the same design plans, provided to the City of Tukwila will be sufficient to provide water service to site and no separate plans will need to be prepared, • Landscape architect with provide horizontal control for all paving elements. 1, tittnle-,48,coorn EXCLUSIONS: The following list of professional services are excluded as part of this project proposal: • Phased Civil plans, documents, or design. • Mainline extensions in the public Right -of -Way or beyond the property line. • Frontage improvements. • Boundary survey, dedication, and easement preparation. • Wetland -related analysis and calculations,. • Pump design and calculations. • Landscape Design and Tree Retention Plan. • LEED design or documentation. • Traffic Control Plans. • Transportation/ Traffic Studies or Traffic Impact Analysis (TIA). • Structural design, including underground stormwater detention vaults (if required). • Retaining wall, stair, and ramp design — By Structural Engineer, • Geotechnical soils engineering. • Contaminated soil remediation. a Construction cost estimates, • Site or roadway electrical, photometric analysis and LV design — By Electrical Engineer. • De -watering design — By Contractor. • Additional work resulting from requests for out of sequence work. • Re -start after pro -longed interruption of work. We request that the topographic survey, provided by others, be in an AutoCAD format so that we can use it as part of our base map drawing. Should the scope of the project change from what is described in the above proposal, Additional Services may be necessary. We will coordinate with you for approval prior to proceeding with any additional work. This type of development typically requires the design team to identify and prepare multiple permit packages to prepare the site for construction. In summary, we anticipate preparation of the following permit documents included in the proposed fee: • Construction Permit; This is the primary civil permit covering Clearing, Grading, TESC, and thE Full Drainage Review. This permit includes the preparation of the Stormwater Site Plan and the Technical Information Report (TIR) required by the 2021 KCSWDM, • Building Permit (Civil Plans provided for reference): To support the new pavilion structure. All permits are expected to use the same plan set for each of the departmental reviews and permit classifications. The permits listed above are assumed to be submitted by the City project manager or by GGLO. 1, tittnle-,48,coorn This task covers the preparation of a complete civil permit package for submittal to the City of Tukwila. The documents will be prepared to meet Full Drainage Review requirements and 2021 KCSWDM standards. Civil Permit Set: Includes Cover, Demolition & TESC (20 Scale), Grading, Drainage/ Utility, Paving, and Detail sheets, 0 Technical Specifications: Final civil specifications in CSI format. TASK 580: CONSTRUCTION DOCUMENTS PHASE This task involves finalizing the permit -approved set for public bidding and construction. • Final Construction Documents: Integration of City -mandated redlines into the final plan set. • Permit Corrections: Direct coordination with City of Tukwila reviewers to resolve comments (assumes up to two rounds of responses). • Bid -Ready Package: Finalization of the "Issued for Bid" set, including any supplemental civil details required for the contractor. • Technical Specifications- Final civil specifications in CSI format. TASK 680. BIDDING SERVICES The following items are identified and included as part of this task: Provide necessary clarification of issues during the bidding period as they apply to the civil document TASK 780: CONSTRUCTION PHASE SERVICES The following items are identified and included as part of this task: • Attend pre -construction meeting. • Review specified submittals for items designed by civil. • Review Requests for Information (RFI's) for items designed by civil, 1, titinle-48,coorn 10110 4"W1�1w4mmm, The following tasks are identified as Supplemental Services that fall outside the basic design scope. These services may be provided upon request, authorization by the Client, or as the project scope dictates, 111 *0: 10 1 NF.3 a I ON N J LTAF-, I dmg I -.14oll affid I Latitude 48 will prepare a Technical Information Report (TIR) in accordance with the King County Surface Water Design Manual (KCSWDM) and City of Tukwila stormwater requirements. The TIR will document the existing and proposed stormwater conditions for the project and demonstrate compliance with applicable stormwater regulations. Preparation of the TIR will include the following services: • Delineation of existing and proposed drainage basins within and contributing to the project site. • Development of hydrologic models to evaluate existing and proposed runoff conditions using approved modeling methodologies consistent with the KCSWDM. • Evaluation of applicable KCSWDM Core Requirements, including but not limited to: • Analysis of project thresholds to determine applicable stormwater management requirements, • Preparation of supporting stormwater calculations and modeling documentation. • Compilation of stormwater analyses, exhibits, and supporting documentation into the TIR for agency review, The Technical Information Report will serve as the primary stormwater compliance document submitted to the City of Tukwila and will support the design and permitting of stormwater management facilities for the project. a , L j I N111111 The proposed park redevelopment includes synthetic turf athletic fields, which are classified under the King County Surface Water Design Manual (KCSWDM) as pollution -generating pervious surfaces (PGPS). As a result, the project exceeds water quality treatment thresholds and requires evaluation and design of appropriate water quality treatment facilities. POIL72=0 Prel-3 a Evaluate the project site for compliance with KCSWDM Core Requirement #8 — Water QuaI4. 0 Identify pollution -generating surfaces including synthetic turf fields, walkways, and associated improvements. • Delineate contributing drainage areas requiring treatment. Evaluate applicable treatment facility options consistent with the KCSWDM. • Size and design water quality treatment facilities to meet KCSWDM treatment performance standards. • Integrate treatment facilities into the overall stormwater management system. ■ Prepare supporting calculations, documentation, and plan details for inclusion in the TIR. 1, tittnle-,48,coorn DOWNSTREAM ANALYSIS (1/4 -MILE DOWNSTREAM INVESTIGATION) The King County Surface Water Design Manual (KCSWDM) requires documentation of downstream drainage conditions as part of the Stormwater Site Plan and Technical Information Report (TIR). The purpose of this evaluation is to identify potential conveyance limitations, flooding concerns, or erosion - sensitive areas within the downstream drainage system that could be affected by project runoff. Latitude 48 will perform a 1/4 -mile downstream analysis from the project discharge point to document downstream drainage conditions and verify that existing conveyance systems can accommodate project flows. Services include: 0 Identify downstream conveyance systems and receiving water bodies within the required study distance. 0 Review available -drainage mapping, utility records, and aerial imagery. 0 Conduct field reconnaissance of downstream conveyance systems where access is available. • Document pipe systems, ditches, channels, and other drainage infrastructure. Identify potential conveyance constraints, erosion conditions, or existing drainage concerns. Prepare documentation, exhibits, and photographs summarizing downstream conditions. Incorporate findings into the Technical Information Report (TIR) consistent with KCSWDM requirements. This evaluation requires additional engineering review and field investigation to document downstream drainage conditions and support stormwater compliance for the project. NPDES PERMIT COORDINATION AND SWPPP PREPARATION Because the proposed redevelopment will disturb greater than one acre, the project is anticipated to require coverage under the Washington State Construction Stormwater General Permit (NPDES). Services include: • Prepare a Stormwater Pollution Prevention Plan (SWPPP) consistent with Washington State Department of Ecology requirements, • Identify erosion and sediment control IBMPs appropriate for the proposed construction activities. • Prepare erosion and sediment control plans and details for the civil construction drawings. • Coordinate SWPPP requirements with the civil design and construction phasing. For purposes of this proposal, It is assumed that the client or contractor will manage the submission process and upload the permit application. Latitude 48 is providing a supporting role in this effort, 1, titinle-48,coorn If necessary, following completion of the permitting process, Latitude 48 will prepare a conformed set of civil drawings incorporating revisions resulting from agency review comments. Services include: Incorporate revisions resulting from permitting agency comments. • Update plan sheets, details, and notes to reflect final approved design. Coordinate updates across all civil sheets to ensure consistency. Prepare a final conformed plan set suitable for construction bidding and implementation. RECORD DRAWINGS (AS -BUILT DRAWINGS) If necessary, upon completion of construction, Latitude 48 will prepare record drawings based on contractor -provided redlines; documenting constructed improvements. Services include: • Review contractor markups of the construction drawings. • Incorporate documented field changes, into the civil drawing set. • Update relevant plan sheets to reflect final constructed conditions. • Prepare a final record drawing set for submission to the City. We assume all Record Drawings or As-Builts will be completed and provided to the client in PDF format; therefore, no AutoCAD design updates will be required. 1, titinle-48,coorn PROPOSED FEE: We propose the following Civil Engineering services for this project, as outlined in the fee schedule below: SUPPLEMENTAL SERVICES PROJECT LUMP SUM FEE TABLE TASK PROJECT SCOPE FEE 480 Permit Documents $25,000 580 Construction Documents Phase $16,000 680 Bidding Services $3,000 780 Construction Phase Services $ 10,B00 NPDES Permit Coordination and SWPPP Preparation Total Lump Sum Fee $54,000 SUPPLEMENTAL SERVICES PROJECT SCOPE FEE BASIS FEE Technical Information Report (TIR) Lump Sum $17,500 Water Quality Treatment Evaluation — Synthetic Turf Fields Lump Sum $ 15,000 Downstream Analysis (1/4 -Mile Downstream Investigation) Lump Sum $4,750 NPDES Permit Coordination and SWPPP Preparation Lump Sum $5,500 Conformed Set of Construction Documents Lump Sum $2,000 Record Drawings (As -Built Drawings) Lump Sum $4,500 The fee is based on project scope, gross area, schedule, site complexity, governing jurisdiction, and other assumptions noted in this proposal. Latitude 48 will remit invoices monthly or at the completion of project milestones. Invoices, at a minimum, will include design phase, fee per phase, percent complete, fee earned, previous billing, and current fee billed. *Please Note: the following are expected to be performed by the owner and/or project architect: Permit application(s), Site Topographic Survey, Geotechnical Report, Potholing (if required), Permit fees, Utility Connection fees, submittal of plans/documents, and project requirements outside of this proposal. 1, titinle-48,coorn M, �11 1 51 We are, excited about the opportunity to work with you on this project. The fee is based upon the schedule and other assumptions noted in this proposal. We will bill as progress is achieved. The scope of services includes standard civil services from permit documents through construction administration. We Dave enclosed a partial Terms and Conditions in the proceeding pages. If we receive NTP, we will proceed as outlined in this proposal. We sincerely appreciate the opportunity to work with you. Please call if we can be of further assistance. Sincerely, Latitude 48, P.S. Brady Berriman, P.E. Principal Latitude 48, P.S. Chasen Simpson, P.E. Principal Marieke Lacasse Date 1, titinle-48,coorn The services and compensation of Latitude 48, P.S. are based on the following conditions unless otherwise noted in the accompanying proposal. 1. Hourly Charges for Personnel Personnel will be charged at the following rates when hourly billing is applicable: $215 Principal $135 Engineer 1 $195 Associate Principal $130 Senior CAD Technician $185 Senior Project Manager $115 CAD Technician 2 $175 Project Manager $10S CAD Technician 1 $165 Project Engineer 2 $110 Senior Administration $155 Project Engineer 1 $85 Administration $145 Engineer 2 $60 Intern These rates are in effect for a 12 -month period, effective January 1, 2026 — December 31, 2026, and are subject to annual increases, Excluded from these rates is work involving expert witness testimony, litigation, or negotiating claims settlements. 2. Billing a. Invoices will be issued monthly and are payable within 30 days, of the date client receives our invoice or upon receipt of payment from the Owner, whichever is less. An interest charge of 1% per month will be payable on any amount not paid within this time period. Attorneys' fees and any other costs incurred in collecting delinquent accounts shall be paid by the Client. b. If the Client fails, to make payments when due or otherwise is in breach of this Agreement, Latitude 48, P.S. may suspend performance of services upon five (5) calendar days' notice to the Client. Latitude 48, P.S. shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. 3, Dispute Resolution a. In an effort to resolve conflicts that arise during the design or construction of the project or following the, completion of the project, the Client and Latitude 48, PS, agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding litigation unless the parties mutually agree otherwise. Should the dispute not be resolved by nonbinding mediation, it shall be litigated in King County, Washington Superior Court. 30 days prior to commencing any judicial proceeding, the Client shall provide to Latitude 48, P.S. a written certification executed by an independent design professional currently practicing in the same discipline and licensed in the State of Washington. This, certification shall specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing service under similar circumstances. The prevailing party shall be awarded its reasonable attorney's fees and costs, including expert witness fees. [atit u de -48, c rin 4. Standard of Care a. Services provided by Latitude 48, P.S. under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in accordance with the governing codes and regulations adopted at the time of the execution of this agreement. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, plans and specifications, or reports. S. Risk Allocation/Limit of Liability a,, Latitude 48, P.S. shall not be liable for loss or damage occasioned by delays beyond its control, or for loss of earnings, loss of use or other incidental or consequential damages suffered by Client or others, however caused. b. The Client agrees that to the fullest extent permitted by law, Latitude 4,8 P,.S.'s total liability to the Client, in tort or in contract, for any and all injuries, claims, losses, expenses, damages, causes of action, or claim expenses (inclusive of legal costs) arising out of this agreement from any cause or causes shall be the lesser of the amount of insurance then available to fund any settlement, award or the amount of required insurance set forth in this Schedule of Conditions. c. No Principal or employee of Latitude 48, P.S. shall Incur personal liability to any other party, for an act, error, or omission related to this Agreement. 6. Termination a, This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Fees, expenses, and other amounts due to Latitude 48, P.S. shall be due and payable immediately upon termination including amounts reasonable incurred by Latitude 48, P.S. in the process of stopping work after the notice of termination is received. If the project is suspended for more than 30 calendar days in the aggregate, Latitude 48, P.S. shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to accommodate the resulting remobilization costs. In addition, there shall be equitable adjustment in the project schedule based on the delay caused by the suspension. 7. Verification of Existing Conditions a,. Site development around existing underground utilities requires that certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the site, the Client agrees that Latitude 48, P.S. shall not be liable for any costs or damages incurred by any person or entity resulting from concealed conditions. b. In addition, Latitude 48, P,S. shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl, or other toxic substances. latit u de- c (:), rin 8. Opinion of Probable Costs a. Latitude 48, P.S. will not provide opinions of probable costs for this project. 9. Assignment a. This Agreement shall be governed by the laws of the State of Washington. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party, 110.Insurance a. Notwithstanding any other provision in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any other way impair any insurance coverage held by either party to this Agreement. b. Latitude 48, P.S. shall procure Professional Liability Insurance in the amount of $3,000,000 per claim and in the aggregate for the duration of the Project, Any proposed increase in the amount of insurance required shall be submitted in writing and is only valid if agreed to in writing by Latitude 48, P.S. Q,CW KA A NAGEMEN I 1 0 0, Tim Slazinik GGLO 1301 Fifth Ave Suite 2200 Seattle, WA 98101 RE: Riverton Park and Playground Renovation Dear Tim Slazinik, 416 1 sl Ave, #967'1 206 269 2990 Spole, NA 9,5109 WWWArWTx*1w"Qn' 220 NW 8" Ave. ME MX,38 SCS Porland, OR 972V.-1 MIZINLINIJIVEIMN Thank you for inviting our team to submit a proposal for Cost Consulting services on this project. My understanding of the scope of services to be provided is incorporated into the attached assumptions as detailed in Schedule 1. The proposed fees in Schedule 2 assume these terms & conditions will be in effect for the provision of our services, and we reserve the right to adjust our fee should these be changed, or should we be required to execute a different contract between us. I look forward to the opportunity of assisting you on this particular project. If you have any questions regarding these fees or the scope of our services, please do not hesitate to contact me. If you are in agreement with the scope, fees, and contract terms, please sign as indicated, retain a copy, and return the signed copy. Sincerely, Tim Aus,ink, LEED AP Managing Director Short Form Standard Services Agreement Page 19 SCHEDULE 1 DCW COST MANAGEMENT, LLC's Basic Services Project Description: March 12, 2026 We understand that the project comprises cost planning for the Riverton Park and Playground Renovation located at 4112 South 131st St, Tukwila, WA 98168. The cost study scope of work includes costing the Bid Set and Construction Documents. The intended design package consists of the development of a park with a playground, pavilion structure, pathways, and landscaping. Currently the site contains an existing park and parking lot area with play equipment and a shade structure that will be removed. Detailed Scope of Work: Task 1 Bid Set • Prepare an opinion of probable construction costs during this stage including all elements as necessary for a complete cost estimate. The cost estimate will be prepared in Uniformat II component format. • This stage includes a maximum of three additive/deductive bid alternates. • Prepare a single revision to the opinion of probable construction cost after review and commentary by the team. Further revision requests are not included and may require additional fee. • All deliverables under this task will be submitted in PDF format. • Up to three team and client meetings are included during this phase. • Value Management and Reconciliation are not included in this task and will require an additional service. Task 2 50% Construction Documents • Prepare an opinion of probable construction costs during this stage including all elements as necessary for a complete cost estimate. The cost estimate will be prepared in Uniformat II component format. • Prepare a single revision to the opinion of probable construction cost after review and commentary by the team. Further revision requests are not included and may require additional fee. • All deliverables under this task will be submitted in PDF format. • Up to three team and client meetings are included during this phase. • Value Management and Reconciliation are not included in this task and will require an additional service. Short Form Standard Services Agreement Page 12 March 12, 2026 Revisions: Revisions are inclusive of redlines based solely on the narratives and drawings provided at the beginning of the contracted costing phase. Changes to the drawings made during the estimating process will not be incorporated into the current cost plan without prior discussion and additional fee. Acceptable revisions are minor corrections that expand upon the drawings and narratives provided at the initiation of the costing exercise. Costing Schedule: Our consultants require adequate time to complete their costing work, which can range between two to six weeks for draft development based on project size. It is highly recommended that you communicate with the DCW team prior to project delivery to ensure that we can work within your preferred timeline. Value Management: Value management is typically not included in our cost exercise unless specifically requested. We maintain specialty tools to support budget management and, upon request, are happy to produce the tools and provide this service. Reconciliation: Reconciliation is not assumed in our costing work unless explicitly requested. Reconciliation with Contractors based on the GC/CM or CM/GC delivery method can be incorporated at your request as an additional service. Short Form Standard Services Agreement Page 13 SCHEDULE Fee Schedule Fee Breakdown March 12, 2026 The services in the scope of work (Attachment 1) will be performed on an Hourly Basis NTE (not to exceed) the amount of $12,580 The fees are valid for ninety days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the above fees, to reflect possible resultant changes to the scope of the remaining service. The fee assumes that drawings, specifications, and reports required for the, performance of our work will be provided electronically, at no cost to DCW Cost Management, LLC. Should you require printed copies of our opinions of probable construction cost, this fee assumes that we will provide a maximum of six copies of each report. (end of page) Short Form Standard Services Agreement Page 14 Task 1 Bid Setrut Task 2 50% Construction Documents The services in the scope of work (Attachment 1) will be performed on an Hourly Basis NTE (not to exceed) the amount of $12,580 The fees are valid for ninety days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the above fees, to reflect possible resultant changes to the scope of the remaining service. The fee assumes that drawings, specifications, and reports required for the, performance of our work will be provided electronically, at no cost to DCW Cost Management, LLC. Should you require printed copies of our opinions of probable construction cost, this fee assumes that we will provide a maximum of six copies of each report. (end of page) Short Form Standard Services Agreement Page 14 March 12, 2026 SCHEDULE3 DCW COST MANAGEMENT, LLC Current Hourly Rate Schedule All other services not detailed above, including additional estimates, further revisions to completed estimates, use of different estimating formats, additional meeting attendance, value engineering, reconciliation with cost estimates prepared by other parties beyond that specifically included above, or bidding and construction phase services will be considered additional services. Unless otherwise agreed prior to the work being carried out, our fees for any additional services will be based on time expended at our normal billing rates prevailing at the time the work is carried out. Currently, these hourly rates are: Directors Specialists Cost Estimators* Clerical/QC Deposition and Trial Bill Rate $210.00 $195.00 - $185.00 $185.00 - $175.00 $125.00 Additional 50% *Primary work performed by Cost Estimators Confirmation of Agreement: This letter correctly sets out the scope and fees to be provided by DCW Cost Management, LLC for the proposed project. DCW COST MANAGEMENT, LLC. DATE: 311212026 By: Tim Ausink Its: Managing Director Client: GGLO DATE: By: Tim Slazinik Its: Senior Associate Short Form Standard Services Agreement Page 15 40 12 ;63 2 Ln fl 00 K.7 Nk b�N H9 fo CJI 'rq "I 0 Ni R NY -z -S 7z -S -Z '9 ol 'S '9 19 W 79 -0 '0 2 ui LU IL 0 t LLJ 2 cc 1 c UJdC Lei : Ew 2 1� w2cJ z 0 CD ✓ lu 0 a z 0 w I 6^ t F 9w• ' r, �w i C; x � 5 �m 'r t .................. P x M � t' w mm Terms ofArvireement W Date of Agreement: March 26, 2026 Project: Riverton Park Project No.: 2026018.01 1, 616r,I1 :l Z R C. 6 J I F E I U PIE i tj P I F R W) R S LANDSCAPE URBAN DES�G�l Compensation for Professional Services is billed on an hourly basis or as a percentage of project completion. Compensation for Supplemental Services shall be billed on an hourly basis according to the billing rate schedule below, or as agreed to prior to the commencement of the services. Principal 11 $310 Senior Landscape Architect 1 $195 Landscape Architect 11 $180 Landscape Architect 1 $165 Landscape Designer 11 $155 Landscape Designer 1 $140 Intern $120 The rates and multiples set forth above may be adjusted as required by GGLO compensation practices. Ill. SUBCONSULTANTS The costs of subconsultants for engineering, model construction, artist's renderings, etc., when required and authorized by the Owner, shall be billed at a multiple of one and one-tenth (1.10) times the expense incurred by GGLO. I VM :44 1 N1141111DRTTI A 44PNIOXT�P Reimbursable expenses are charged in addition to compensation for Professional Services and include printing and reproduction; postage, delivery charges-, transportation, air travel, parking; and automobile use. Unless agreed otherwise, reimbursable expenses shall be billed at a multiple of one and one-tenth (1.10) times the expenses incurred by GGLO. Invoices shall be submitted monthly for services and reimbursable expenses incurred during the preceding month. Services shall be billed on an hourly basis or as a percentage of project completion. Payments are due and payable upon receipt of the invoice by the Owner. Failure of the Owner to notify GGLO in writing of any disputes with the amount of any monthly invoices, within thirty (30) days of receipt by the Owner, shall be considered acceptance of those invoices for payment under this agreement. Amounts unpaid thirty (30) days after the date of the invoice shall bear interest at the rate of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law, whichever is less. In addition, GGLO may, after giving written notice to the Owner, suspend services until all amounts due are paid in full, and the Owner shall indemnify, defend and pay any claims and expenses incurred by GGLO resulting from such work stoppage and expenses from collection of amounts past due. SEATTLE I LOS ANG ELES i BOME VI. OTHER CONDITIONS 1. Limitation of Liability: The Owner and GGLO have discussed the risks, rewards and benefits of the project and GGLO's total fee for services. The risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, GGLO's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of GGLO's total fee for services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, or breach of contract. 2. Design of Alterations: Inasmuch as the remodeling and/or rehabilitation of an existing structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building, the Owner agrees that, except for negligence on the part of GGLO, the Owner will hold harmless, indemnify and defend GGLO from and against any and all claims, damages and costs arising out of assumptions made regarding existing conditions related to the professional services provided under this Agreement. 3. Design Without Construction Review: The Owner understands that there may be misinterpretations of GGLO's plans and specifications during construction which may lead to errors and subsequent damage. In the event that the Owner elects to proceed with the work without GGLO providing regular and on going construction contract administration services, the Owner agrees to indemnify, hold harmless and defend GGLO against any and all claims which may arise out of the acts of a Contractor performing work not in compliance with the intent of the design documents. 4. Design of Studies: Because preliminary studies require that assumptions be made regarding existing conditions and some of these assumptions may not be verifiable without expending additional resources, studies are based upon Owner -provided information and are prepared in response to specific program requirements and limitations. Studies are subject to additional site investigation, design development and regulatory review. Information provided in a study is not to be relied upon for any purpose without the express written consent of GGLO. The Owner hereby agrees to hold harmless, indemnify and defend GGLO from and against any and all claims, damages and costs arising out of professional services provided related to preliminary studies under this agreement. 5. Ownership of Documents: The Owner acknowledges GGLO's construction documents as instruments of professional service. All reports, plans, specifications, field data and notes, and other documents, including all documents on electronic media, prepared by GGLO as instruments of service shall remain the property of GGLO. GGLO will provide the Owner with record electronic files of the Contract Documents, conforming to GGLO's standard specifications for software and file format. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold GGLO harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any use or modification of the construction documents by the Owner or any person or entity that acquires or obtains the plans and specifications from or through the Owner without the written authorization of GGLO. 6. Termination or Suspension: If the project is suspended by the Owner for more than 30 consecutive days, GGLO shall be compensated for services performed prior to notice of such suspension. When the project is resumed, GGLO's fees for the remaining services and the time schedules shall be equitably adjusted. In the event of termination not the fault of GGLO, GGLO shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. 7. Statute of Limitations: Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statues of limitations shall commence to run no later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when GGLO's services are substantially completed.