HomeMy WebLinkAbout15-128 - Parametrix Inc - CM for Duwamish Gardens RestorationCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 15- 128(b)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 2
Between the City of Tukwila and Parametrix, Inc.
That portion of Contract No. 15 -128 between the City of Tukwila and Parametrix, Inc. is
amended as follows:
Consultant Agreement for Engineering Services:
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending January 9, 2018, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than January 9, 2018 unless an extension of such time is granted in writing by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this 1' II day of J , 20 17
CITY OF TUKWILA _ - ---` "' CONTRACTOR
ATTEST /AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
Printed Name: i t r-1,. L. !�-tr )10
APPROVED AS TO FORM
City Attorney
2 Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 15- 128(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Parametrix, Inc.
That portion of Contract No. 15 -128 between the City of Tukwila and Parametrix, Inc. is
amended as follows:
Consultant Agreement for Engineering Services:
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 9, 2017, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than July 9, 2017 unless an extension of such time is granted in writing by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this Z Z " day of , 20
Allan Ekberg, Mayor
CONTRACTOR
Printed Name: -,
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 15 -128
Council Approval 7/6/15
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and Parametrix, Inc., hereinafter referred to as "the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform construction
engineering services in connection with the project titled Duwamish Gardens Habitat
Restoration Project.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending January 9, 2017, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than January 9, 2017 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $314,926.27 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and; upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
std c,9_- �276//vi9 -LS
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately teiminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1 -2013
Page 3
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. 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 or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Parametrix, Inc.
1019 39th Avenue SE, Suite 100
Puyallup, WA 98374
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of 47,1S—vti
CITY OF TUKWILA
Attest/Authenticated:
CONSULTAN
By:
Printed Name: /vt fr ij s1 ELZ 9
, 2015.
Title: Pal S /ON ,V V/ EyL--
Approved as to Form:
City Clerk, Christy O'F aherty Office of the City Attorney
CA revised : 1 -2013
Page 5
SCOPE OF WORK
City of Tukwila
Duwamish Gardens — Construction Management
INTRODUCTION
This Scope of Work assumes the following:
• The "Project" will include Duwamish Gardens as specified on the Duwamish Gardens Contract
Documents.
• Contract duration will be 390 calendar days and will take place beginning in June of 2015.
• Additional improvements which extend the contract duration or require additional design effort
are not included.
• Parametrix will perform the functions involved in contractual issues between the City and
Contractor. These tasks will include project documentation per City of Tukwila Construction
Manual requirements and review of submittals.
We are anticipating five main elements of Construction Phase Services:
1. Project Management
2. Project Start-Up
3. Construction Engineering & Documentation
4. Permit Agencies and Utilities
5. Subconsultants
The "City" when used in this Scope of Work is defined as City of Tukwila staff. Below is a detailed
description of the tasks included in this Scope of Work.
Period of Performance
The services under this scope of services will commence upon the receipt of a Notice to Proceed, which
will be issued on approximately June 15, 2015. The period of performance will extend from the Notice to
Proceed date through January 15, 2017. Parametrix's ability to meet this schedule is contingent upon the
Contractor's activities.
Parametrix's services are also based upon the schedule or duration of construction of 390 calendar days is
anticipated at the time that these services are agreed upon. Deviations from the anticipated schedule or
duration of construction will materially affect the scope of these services and Parametrix's compensation
for the services, and will require an adjustment to Parametrix's compensation. Parametrix will not perform
services beyond the agreed to contract amount without written authorization from the City. The level of
effort to perform the work described is based on a standard 5 -day work week and standard 8 -hour workday.
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
Project Authority
The presence or duties of Parametrix's personnel at a construction site, whether as onsite representatives
or otherwise, do not make Parametrix or Parametrix's personnel in any way responsible for those duties that
belong to the City and /or the Contractors or other entities, and do not relieve the Contractors or any other
entities of their obligations, duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for coordinating and completing all
portions of the construction work in accordance with the construction contract documents and any health or
safety precautions required by such construction work.
Parametrix's project authority shall be as Project Engineer as prescribed in Section 1 -05.2 of the
Washington State Standard Specifications for Road, Bridge, and Municipal Construction 2014. Parametrix
has no authority to exercise any control over others' health and safety but will notify affected personnel of
any site conditions posing an imminent danger to them which Parametrix observes.
The City agrees to include in all construction contracts any provisions providing Contractor indemnification
of Owner for Contractor's negligence as equal indemnification of Parametrix and Parametrix personnel.
PHASE 1— CONSTRUCTION ADMINISTRATION ASSISTANCE
Task 1 — Project Management
Approach:
• Prepare monthly billings and progress reports (nineteen assumed).
• Schedule and coordinate internal staff.
• Perform project setup and monitoring of contract.
• Project documentation to meet City of Tukwila Construction Manual requirements.
Products:
• Monthly invoices and progress reports.
• Miscellaneous correspondence and letters.
Task 2 — Project Start-Up
Approach:
This task involves the following activities:
• Meet with the City to review Manual requirements regarding acceptable documents and other
requirements contained in the contract.
• Attend Informal preconstruction meeting with the City
• Attend preconstruction meeting with Contractor and City.
• Establish lines of communication for project between City, Contractor, and Parametrix.
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
• Create Record of Materials (ROM) and review with City.
• Set up submittal log for submittal reviews to be completed by Parametrix.
Deliverables:
• Submittal review log (upon request).
• Documentation on audit requirements from funding agencies, including checklists (hard copies to
be provided and discussed in- person, electronic versions available upon request).
Assumptions:
• Preconstruction meetings will be held at City Hall.
• Construction files will be maintained by Parametrix per the requirements of City of Tukwila's
Construction Manual.
• Three (3) Parametrix staff will attend the preconstruction meeting with the Contractor and the
City. This meeting will be limited to nine (9) staff - hours.
Task 3 — Construction Engineering & Documentation
Approach:
This task involves engineering activities during construction to assist the City in management of the
construction contract. It includes interpretation of contract documents, coordination with the City and the
Contractor to verify that the contractual obligations of the project are met, and on -going review of the
documentation per City of Tukwila Construction Manual requirements. This work includes the following
items:
• Review funding agencies audit documentation requirements and checklists with the City.
• Attend up to 14 construction meetings with the Contractor and City; meetings will be attended
once a week, on average, by l Parametrix staff as construction progresses in the field.
• Provide office calculations and support for construction issues.
• Maintain material submittal documentation files for products that Parametrix will review.
Deliverables:
• Records of submittals and shop drawing reviews.
• Office support and calculation data will be submitted via e -mail or hard copies to the City for
their review and approval and sent on to the Contractor as needed.
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
Parametrix will maintain Project Documentation for delivery to the City at Final Acceptance of the
project or as otherwise agreed upon. Project documentation shall be hard copy with a duplicate
version as electronic PDF format.
Documentation File Folders
Drct
0.01 Bid Advertisement
0.02 Communication / Bid Inquires
0.03 Bid Proposals, Bid Opening
0.01 Bid Tab
0.05 Reference Check
0.06 Award Letter
0.07 Council Authorization
0.08 Pre Award / Execution Review Documents & Comments
Financial and Administrative Information
1.01 Remittance Advice / Request for Payment (Prime Contractor)
1.02 Change Orders
1.03 Retainage Lien and Bond Claim
Legal Records
2.01 Executed Contract
2.02 Claims
2.03 Right of Way Construction Easements / Construction Permits / R/W commitments / Deeds
(CONFIDENTIAL)
2.01 Agreements & Insurance Certificate of / Proof of / Public Liability and Property Damage
2.05 Permits
2.06 Survey Data
2.07 Environmental All
2.08 Historical / Cultural All
Communication
3.01 Preconstruction Conference
3.02 Property/Business Owners Correspondence
3.03 Prime Contractor/ Communications / Transmittals
3.04 General Utilities Communications / Transmittals
3.05 General Traffic Control Communications / Transmittals
3.06 General Contract Closure Communications / Transmittals
3.07 Requests for Information (RFI) and Responses
3.08 Construction Meeting Agenda/Notes
3.09 Public Interest / News Clips /Complaints /Responses
Time
4.01 Notice to Proceed
4.02 Weekly Statement of Working Days / Suspend & Resume Work / Start Work / Time Extension
4.03 Physical, Substantial, and Final Completion Letters
4.04 Approved Project Schedule
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
4.05 Periodic Schedule — 4 Week Look Ahead Schedule
Contract Documentation
5.01 General Documentation
5.01.01 Submittal Log
5.01.02 Submittals /Responses — General Documentation
5.01.03 Labor Compliance Log
Prime
5.01 Prime Contractor Statement of Intent to Pay Prevailing Wages
5.02 Active State Contractor's License
5.03 City Business License
5.04 Certificate of Liability Insurance
5.05 Federal Excluded Parties Listing System Checked
5.06 Prime Contractor Certified Payrolls (CONFIDENTIAL)
5.07 Affidavit of Wages Paid
5.08 Weighted Wage Rate & Equipment List /Rate
5.08A Breakdown of Lump Sum Items
5.08B ESC Lead Certification
5.08C Emergency Contact List
Subcontractors (Multiple Files)
5.09 Request to Sublet Work (421 -012 EF)
5.10 Certification for Federal Aid Project (420 -004 EF)
5.11 Approved Statement of Intent
5.12 Active State Contractor's License
5.13 City Business License
5.14 Certificate of Liability Insurance
5.15 Federal Excluded Parties Listing System Checked
5.16 Subcontractor Certified Payrolls (CONFIDENTIAL)
5.17 Affidavit of Wages Paid
5.18 Weighted Wage Rate & Equipment List/Rate
5.19 Employee Minimum Wages Interview Report (424 -003 EF)
Materials
6.00 Record of Materials (ROM)
Source Approval
6.01 Request Approval of Materials (RAM)
6.01.01 Material Submittal Log
6.01.02 Submittals — Material Documentation (Multiple Files)
6.01.03 Responses /Approved Material Submittals /Signed Field Verification (Multiple Files)
• Catalog Cuts
• Mfg. Certification of Compliance
• Certification of Material Origin
• QPL
• Shop Drawing
6.02 Material Testing
6.02.01 Material Testing Log
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
6.02.02 Testing Reports
Reports
7.01 Inspector's Daily Reports
7.02 Force Account Work (Multiple Files)
7.03 Field Note Records (Multiple Files)
7.04 Truck Tickets (Multiple Files)
7.05 Material On Hand
7.06 Erosion and Sediment Control Inspection Reports (220 -030 EF)
7.07 Scaleman's Daily Reports
7.08 Landscape Reports — Pesticide / Herbicide / Backflow / Weed Control/ Plant Establishment Plan
7.09 Contractors TESC Reports / CESCL Certifications
7.10 Contractors Survey Notes/ Survey Crew Daily Reports
7.11 Daily Construction Photos
7.12 Punch List
Plans
8.01 Contract Plans /Addendums
8.02 Preliminary Shop Drawings - All
8.03 Plan Changes/ Field Directive
8.04 Safety — Contractor's Safety Checklist / Fall Protection Plan / Emergency Action Plan / Spill
Prevention Plan
8.05 Project Sign
Utilities
9.01 Agrecmcnts
9.02 Miscellaneous Utilities
9.03 Permit,
Traffic Control
10.01 Traffic Control - Approved TC Plans / Traffic Control Review
10.02 Traffic Control Logs (421 -040B EF) / Contractor's Daily Report of Traffic Control (421 -040A
EF) / TCS Cert
10.03 Traffic Control Plans - All
10.04 Record of Accidents & Traffic Surveillance (CONFIDENTIAL)
Final Records / Closeout
1 1.01 Final Records
• Affidavits of Wages Paid Checklist
• Certified Payroll Checklist
• Contract Document Checklist
11.02 Final Estimate
• Final Cont. Voucher Certificate
• Liquidated Damages & Miscellaneous Deduction Letters
• Retainage
• Final Acceptance Letter
11.03 Documentation Review - Initial & Follow up Reviews / Exam Sheet for Contract Items / Recap
of Final Contract Items
11.04 Photo Records
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
Assumptions:
• Submittal review time will include review of products and Contractor - proposed change.
• Construction meetings will average 2 hours. Parametrix will attend construction meetings for a
total of no more than 28 hours.
• Parametrix will provide office support and calculations regarding construction questions and
other issues.
• The City of Tukwila project manager will provide all submittal review. Parametrix will provide
limited review services as needed, not to exceed 20 hours.
• The City of Tukwila project manager will provide all RFI review and responses. Parametrix will
provide limited review services as needed, not to exceed 16 hours.
• Parametrix will provide on -call assistance with construction and questions regarding
documentation requirements per the City of Tukwila Construction Manual.
• The City will coordinate and direct materials testing services for gradation, mix designs, soil
compaction, import fill materials, embankment compaction, and asphalt density.
Project Closeout
Approach:
This task includes activities to complete the City's files per Manual requirements for project closeout.
The following activities will be performed:
• Review documentation requirements for changes made to the design plans during construction.
• Project closeout shall include review of final records and forms required to close the construction
contract and complete filing per the Manual. Parametrix will collect and compile all documents
during construction and provide them to the City prior to audit.
Deliverables:
• Project documentation as a hard copy, with a duplicate version as electronic PDF format.
• Required closeout forms in draft electronic format
Task 4 — CONSTRUCTION OBSERVATION
Approach:
Parametrix will conduct limited on -call observations of the Contractor's work for the purposes of
determining if the work generally conforms to the contract for construction and that the integrity of the
design concept as reflected in the contract for construction has been implemented and preserved by the
Contractor. Parametrix will provide a Construction Observer that is assigned to project for 50 hours.
Parametrix's construction observation staff will arrange for taking photographs of the work in
progress by the Contractor on days the construction observer is on site. These photographs will be made
available to the Owner. Photographs will also document existing conditions that may relate to changed
conditions or utility conflicts as they are exposed.
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
Parametrix's observation of the work is not an exhaustive observation or inspection of all work performed
by the Contractor. Parametrix does not guarantee the performance of the Contractor. Parametrix's
observations shall not relieve the Contractor from responsibility for performing the work in accordance with
the contract for construction, and Parametrix shall not assume liability in any respect for the construction
of the project. Parametrix shall, with the assistance of the Owner, obtain written plans from the Contractor
for quality control of its work, and will monitor the Contractor's compliance with its plan. Copies of all
construction observation daily reports will be provided to the Owner the following day . Should observation
services be requested by the City of Tukwila beyond 50 hours, an amendment to the scope will be required.
Deliverables (for days onsite):
• Daily Inspection Forms
• Daily Quantity and Measurement Notes
• Construction Photos
Assumptions
Onsite observation to occur as follows:
• 50 hours construction observation will be provided on an on -call basis as needed through the
duration of the contract.
• Gear, vehicles, equipment, for the onsite observation to be provided by Parametrix.
• The City will provide a work station with internet access on or close to the project site for use
during the contract time frame.
Task 05 — Permit Agencies and Utilities
The CM Team will coordinate with the Permit Agencies during construction for permit clarification and
compliance.
Deliverables
No deliverables identified for this task.
Assumptions
• The City, Design Engineer, and /or Contractor will attend or participate in the meetings or discussions
as appropriate and as requested.
• Parametrix will coordinate permit compliance, but assumes no responsibility.
Task 06 — Subconsultants
Parametrix will coordinate with all subconsultants to provide historic artifact monitoring, contaminated soils
monitoring, and Engineer of Record coordination.
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City of Tukwila
Duwhmish Gardens Habitat
Project
June 2015
Deliverables
See attached scopes.
BUDGET
The attached spreadsheet, Exhibit B, shows Parametrix's estimated costs to perform the work elements above.
Several of the individual items of work are directly related to the duration of construction. Should the
construction extend past 390 calendar days, the approved budget will probably need to be increased. Likewise,
if construction is completed in fewer than 390 calendar days, it is possible that all of the approved
budget will not be needed.
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City of Tukwila
Duwamish Gardens Habitat
Project
June 2015
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UI SHANNON iWILSON,ILNCs
June 9, 2015
Mr. Ronnie Bennett
Parametrix
719 2nd Avenue, Suite 200
Seattle WA 98104
RE: PROPOSAL FOR ENGINEERING AND ENVIRONMENTAL SERVICES
DURING CONSTRUCTION OF DUWAMISH GARDENS HABITAT
RESTORATION PROJECT CONSTRUCTION
Dear Mr. Bennett:
ALASKA
CALIFORNIA
COLORADO
FLORIDA
MISSOURI
OREGON
WASHINGTON
WISCONSIN
Shannon & Wilson, Inc. is pleased to submit the following proposal for providing engineering
services during construction for the Duwamish Gardens Habitat Restoration Project.
The proposed scope of services (Enclosure A) and cost estimate (Enclosure B) are enclosed with
this letter proposal. Also enclosed is our Standard General Terms and Conditions (SEA -GH-
2015) and "Important Information About Your Geotechnical/ Environmental Proposal." Please
let me know if you have questions regarding the proposal information in this letter proposal.
Sincerely,
SHANNON & WILSON, INC.
David Cline, P.E., C.F.M.
Vice President — Hydraulic Engineer
DRC/drc
Enc: Enclosure A — Subcontract — Scope of Services
Enclosure B — Cost Estimate
Standard General Terms and Conditions, SEA -GH -2015 (1/2015)
Important Information About Your Geotechnical /Environmental Proposal
21 -2- 62281 - 001- LI /wp/lkn
400 NORTH 34TH STREET, SUITE 100
P.O. BOX 300303
SEATTLE, WASHINGTON 98103 -8636
206 -632 -8020 FAX: 206 - 695 -6777
TDD 1 -800- 833 -6388
www.shannonwilson.com
21 -2- 62281 -001
SHANNON &WIL.SON. INC.
ENCLOSURE A
SUBCONTRACT — SCOPE OF SERVICES
Task 1.0 Engineering and Environmental Services During Construction
The Duwamish Gardens Habitat Restoration Project will be constructed in the summer and fall
of 2015. This scope of services is for engineering services by Shannon & Wilson, Inc. as a
subconsultant to Parametrix providing Construction Management services for the project. The
following services will be provided for the project:
• Project management for a four -month period.
• Submittals reviews and comments.
• Attendance at eight construction meetings.
• Participation in eight construction conference calls.
■ Up to eight site inspections.
• Quality assurance testing for contaminated soils, groundwater, and geotechnical soil
properties.
• Request for Information (RFI) assistance.
• Change order review assistance.
■ Project closeout assistance.
Deliverables:
• Provide written daily field reports for site visits and inspections.
• Provide non - compliance and corrective action reports if needed based on the site
inspections.
• Provide written responses and comments to RFIs and bid documents reviewed.
• Provide written comments on meeting notes to construction meetings attended.
• Provide written comments to change order proposals.
• Provide review and comment on project closeout, record drawings and documents.
21 -2- 62281 -001 _L l _ENCL- A /wp/lkn
A -1
21 -2- 62281 -001
SHANNON &WILSON, INC.
Assumptions:
Budget is based and limited to the hours and rate categories in the cost estimate. RFI's,
submittals, and questions will be provided from Parametrix to Shannon & Wilson, Inc.
• Submittal reviews are limited to those aspects of the design for which Shannon &
Wilson, Inc. was responsible and the lead.
• Meeting minutes will be written and distributed by others.
21 -2- 62281 -00 l _L 1 _EN CL- A /wp/lkn
A -2
21 -2- 62281 -001
SHANNON & WILSON
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SHANNON & WILSON, INC.
- Geotechnical and Environmental Consultants
Attachment to and part of our Proposal: 21 -2- 62281 -001
Date:
June 9, 2015
Mr. Ronnie Bennett
To: Parametrix
Duwamish Gardens Habitat Restoration Project
Re: Construction
STANDARD GENERAL TERMS AND CONDITIONS (ALL PURPOSE)
ARTICLE 7 — SERVICES OF SHANNON & WILSON
Shannon & Wilson's services shall be limited to those Services expressly set forth in the Task Order and is subject to the terms and conditions set forth herein.
Shannon & Wilson shall procure and maintain all business and professional licenses and registrations necessary to perform its Services. Upon Client's
request (and for additional Compensation, if not already included in the Task Order), Shannon & Wilson shall assist Client in attempting to obtain, or on
behalf of Client and in Client's name attempt to obtain, those permits and approvals required for the Project relating to Shannon & Wilson's services.
Client acknowledges, depending on field conditions encountered and subsurface conditions discovered, the number and location of borings, the number and
type of field and laboratory tests, and other similar items, as deemed necessary by Shannon & Wilson in the exercise of due care, may need to be increased or
decreased; if such modifications are approved by Client, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted.
If conditions actually encountered at the Project site differ materially from those represented by Client and/or shown or indicated in the contract documents, or
are of an unusual nature which materially differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the
Services, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted.
Without increasing the Services, Compensation, or Schedule contained in any subsequently issued Task Order, Shannon & Wilson may employ such
subcontractors as Shannon & Wilson deems necessary to assist in performing its Services.
If Shannon & Wilson's Services are increased or decreased by Client, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted.
ARTICLE 2 — FEES AND EXPENSES FOR RENDERING SERVICES
Fees for Shannon & Wilson's services are based on the actual time expended on the project, including travel, by our personnel and will be computed by
multiplying the actual number of hours worked times the following rates. These rates are for the 2015 calendar year. At the end of each calendar year, our
rates will be adjusted for the next calendar year.
OFFICERS /ASSOCIATES
VP /Sr. VP/Pres $245.00
Sr. Associate $195.00
Associate $170.00
SPECIAL SERVICES
Computer Analyst
Info Resources Spec
$145.00
$120.00
ENG./GEOL./HYDRO./ENVIRON.
Sr. Principal Professional
Principal Professional
Sr. Professional
Professional IV
Professional Ill
Professional II
Professional I
$150.00
$130.00
$120.00
$110.00
$100.00
$90.00
$80.00
FIELD & LAB TECH. /DRAFTER/TECH ASST.
Sr. Technical Services (Sr., IV) $100.00
Technical Services (III, II, I) $60.00
Overtime
$125.00
$75.00
WORD PROC./REPRO./RECORDS /CLERICAL
Sr. Office Services (Sr., V, IV) $95.00 $120.00
Office Services (III, II, I) $55.00 $70.00
Expert Testimony. Hourly rates will be doubled for time spent actually providing Expert Testimony.
REIMBURSABLE EXPENSES
Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include, but
are not limited to, expenses for out -of -town travel and living, information processing equipment, instrumentation and field equipment rental, special fees and
permits, premiums for additional or special insurance where required, long distance telephone charges, local mileage and parking, use of rental vehicles, taxi,
reproduction, local and out -of -town delivery service, express mail, photographs, film, laboratory equipment fees, shipping charges and supplies.
ARTICLE 3 — TIMES FOR RENDERING SERVICES
Invoices shall be prepared in accordance with Shannon & Wilson's standard invoicing practices and shall be submitted to Client by Shannon & Wilson
monthly. The amount billed in each invoice shall be calculated as set forth in the Task Order.
Unless the Task Order contains a fixed lump -sum price, Shannon & Wilson's actual total Compensation may be more or less than the estimate contained in
the Task Order. Shannon & Wilson shall not exceed the estimate contained in the Task Order by more than ten percent (10 %) without the prior written
consent of Client; provided however, unless the Client authorizes additional funds in excess of the estimate contained in the Task Order, Shannon & Wilson
shall have no obligation to continue Services on the Project.
Invoices are due and payable within 30 days of receipt. If Client fails to pay Shannon & Wilson's invoice within 30 days after receipt, the amounts due
Shannon & Wilson shall accrue interest at the rate of one and one -half percent (1.5 %) per month (or the maximum rate of interest permitted by law, if less)
after the 30`" day. In addition, Shannon & Wilson may, after giving seven (7) days written notice to Client, suspend all Services under this Agreement until
Shannon & Wilson has been paid in full.
If Client disputes Shannon & Wilson's invoice, only the disputed portion(s) may be withheld from payment, and the undisputed portion(s) shall be paid.
Records of Shannon & Wilson's direct and indirect costs and expenses pertinent to its Compensation under this Agreement shall be kept in accordance with
generally accepted accounting practices and applicable federal, state, or local laws and regulations. Upon request, such records shall be made available to
Client for inspection on Shannon & Wilson's premises and copies provided to Client at cost.
SEA -GH -2015
(1/2015)
Page 1 of 6
SHANNON & WILSON, INC.
ARTICLE 4 — CLIENT'S RESPONSIBILITIES
Client shall grant or obtain free access to the Project site for all equipment and personnel necessary for Shannon & Wilson to perform its Services.
ARTICLE 5 — STANDARD OF CARE / ABSENCE OF WARRANTIES / NO RESPONSIBILITY FOR SITE SAFETY OR CONTRACTOR'S
PERFORMANCE
Standard of Care
The standard of care for all professional Services performed or furnished by Shannon & Wilson under this Agreement shall be the skill and care ordinarily
exercised by other members of Shannon & Wilson's profession, providing the same or similar Services, under the same or similar circumstances, at the same
time and locality as the Services were provided by Shannon & Wilson. The installation, construction, alteration, or repair of any object or structure by
Shannon & Wilson performed in a good and workmanlike manner in accordance with general industry standards, and conform to the specifications contained
in the Task Order.
Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken, at the time they are taken. Actual
conditions at other locations of the Project site, including those inferred to exist between the sample points, may differ significantly from conditions that exist
at the sampling locations. The passage of time or intervening causes may cause the actual conditions at the sampling locations to change as well.
Interpretations and recommendations made by Shannon & Wilson shall be based solely upon information available to Shannon & Wilson at the time the
interpretations and recommendations are made.
Shannon & Wilson shall be responsible for the technical accuracy of its Services, data, interpretations, and recommendations resulting therefrom, and Client
shall not be responsible for discovering deficiencies therein. Shannon & Wilson shall correct any substandard Services without additional Compensation,
except to the extent that such inaccuracies are directly attributable to deficiencies in Client - furnished information.
Warranties
Shannon & Wilson makes no guarantees or warranties, express or implied, under this Agreement or otherwise, about Shannon & Wilson's professional
Services. Shannon & Wilson warrants for one (1) year from substantial completion of its Services, all goods delivered hereunder shall be new and free from
defects in material or workmanship, and shall conform to the specifications, drawings, or sample(s) specified or furnished, if any, and shall be merchantable
and fit for their intended purpose(s). Shannon & Wilson warrants that Shannon & Wilson has good and marketable title to all goods delivered hereunder, and
that all goods delivered hereunder shall be free and clear of all claims of superior title, liens, and encumbrances of any kind.
Client - Furnished Documents
Shannon & Wilson may use requirements, programs, instructions, reports, data, and information furnished by Client to Shannon & Wilson in performing its
Services under each Task Order. Shannon & Wilson may rely on the accuracy and completeness of requirements, programs, instructions, reports, data, and
other information furnished by Client to Shannon & Wilson. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon &
Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including
reasonable attorneys' fees and costs) arising from Shannon & Wilson's reliance on Client - furnished information, except to the extent of Shannon & Wilson's
and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Site Damage
Shannon & Wilson shall take reasonable precautions to minimize damage to the Project site, but it is understood by Client that, in the normal course of
Shannon & Wilson's Services, some Project site damage may occur, and the correction of such damage is not part of Shannon & Wilson's services unless so
stated in the Task Order. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and
indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs)
arising from any Project site damage caused by Shannon & Wilson, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongful
acts, errors, omissions, or breach of contract.
Buried Structures
If there are any buried structures and/or utilities on the Project site where subsurface explorations are to take place, Client shall provide Shannon & Wilson
with a plan showing their existing locations. Shannon & Wilson shall contact the one - number locator service to request that they identify any underground
utilities. Shannon & Wilson shall use reasonable care and diligence to avoid contact with buried structures and/or utilities as shown. Shannon & Wilson shall
not be liable for any loss or damage to buried structures and/or utilities resulting from inaccuracy of the plans, or lack of plans, or errors by the locator service
relating to the location of buried structures and /or utilities. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon &
Wilson and its subcontractors, and indemnify, and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including
reasonable attorneys' fees and costs) arising from damage to buried structures and/or utilities caused by Shannon & Wilson's sampling, except to the extent of
Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Aquifer Cross - Contamination
Despite the use of due care, unavoidable contamination of soil or groundwater may occur during subsurface exploration when drilling or sampling tools are
advanced through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of
spreading contaminants off the Project site. Because Shannon & Wilson is powerless to totally eliminate this risk despite use of due care, and because
sampling is an essential element of Shannon & Wilson's Services, Client shall, only to the fullest extent permitted by law, waive any claims against Shannon
& Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including
reasonable attorneys' fees and costs) arising from cross - contamination caused by Shannon & Wilson's sampling, except to the extent of Shannon & Wilson's
and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Opinions of Probable Construction Costs
If opinions of probable construction costs are included in the Task Order, Shannon & Wilson's opinions of probable construction costs shall be made on the
basis of its experience and qualifications and represent its judgment as a professional generally familiar with the industry. Opinions of probable construction
costs are based, in part, on approximate quantity evaluations that are not accurate enough to permit contractors to prepare bids. Further, since Shannon &
Wilson has no control over: the cost of labor, materials, equipment, or Services furnished by others; the contractor's actual or proposed construction methods
or methods of determining Compensations; competitive bidding; or market conditions, Shannon & Wilson cannot and does not guarantee that proposals, bids,
or actual construction cost shall not vary from opinions of the components of probable construction cost prepared by Shannon & Wilson. If Client or any
contractor wishes greater assurance as to probable construction cost, Client or contractor shall employ an independent cost estimator.
SEA -GH -2015
(1/2015)
Page 2 of 6
SHANNON & WILSON, INC.
Review of Contractor's Shop Drawings and Submittals
If review of a contractor's shop drawings and submittals are included in the Task Order, Shannon & Wilson shall review and take appropriate action on the
contractor's submittals, such as shop drawings, product data, samples, and other data, which the contractor is required to submit, but solely for the limited
purpose of checking for general overall conformance with Shannon & Wilson's design concept. This review shall not include a review of the accuracy or
completeness of details, such as quantities; dimensions; weights or gauges; fabrication processes; construction means, methods, sequences or procedures;
coordination of work with other trades; or construction safety precautions, all of which are the sole responsibility of the contractor. Shannon & Wilson's
review shall be conducted with reasonable promptness while allowing sufficient time, in Shannon & Wilson's judgment, to permit adequate review. Review
of a specific item shall not be construed to mean that Shannon & Wilson has reviewed the entire assembly of which the item is a component. Shannon &
Wilson shall not be responsible for any deviations by the contractor in the shop drawings and submittals from the construction documents, which are not
brought to the attention of Shannon & Wilson in writing by the contractor.
Construction Observation
If construction observation is included in the Task Order, Shannon & Wilson shall visit the Project site at intervals Shannon & Wilson deems appropriate, or
as otherwise agreed to in writing by Client and Shannon & Wilson, in order to observe and keep Client generally informed of the progress and quality of the
work. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of any contractor's work, but rather are to allow
Shannon & Wilson, as a professional, to become generally familiar with the work in progress in order to determine, in general, whether the work is
progressing in a manner indicating that the work, when fully completed, shall be in accordance with Shannon & Wilson's general overall design concept.
Shannon & Wilson's authority shall be limited to observing, making technical comments regarding general overall compliance with Shannon & Wilson's
design concept, and rejecting any work which it becomes aware of that does not comply with Shannon & Wilson's general overall design concept. Shannon
& Wilson's acceptance of any non - conforming work containing latent defects or failure to reject any non - conforming work not inspected by Shannon &
Wilson shall not impose any liability on Shannon & Wilson or relieve any contractor from complying with their contract documents. All construction
contractors shall be solely responsible for construction site safety, the quality of their work, and adherence to their contract documents. Shannon & Wilson
shall have no authority to direct any contractor's actions or stop any contractor's work.
If Shannon & Wilson is not retained to provide construction observation of the implementation of its design recommendations, Client shall, only to the fullest
extent permitted by law, waive any claims against Shannon & Wilson, and indemnify and hold Shannon & Wilson harmless from any claims, liability, or
expenses (including reasonable attorneys' fees and costs) arising from the implementation of Shannon & Wilson's design recommendations, except to the
extent of Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
No Responsibility for Site Safety
Except for its own subcontractors and employees, Shannon & Wilson shall not: supervise, direct, have control over, or authority to stop any contractor's work;
have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by any contractor; be responsible
for safety precautions and programs incident to any contractor's work; or be responsible for any failure of any contractor to comply with laws and regulations
applicable to the contractor, all of which are the sole responsibility of the construction contractors. This requirement shall apply continuously, regardless of
time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the Project site performing his/her duties.
Notwithstanding anything to the contrary, Shannon & Wilson shall never be deemed to have assumed responsibility for the Project's site safety by either
contract or conduct. No act or direction by Shannon & Wilson shall be deemed the exercise of supervision or control of any contractor's employees or the
direction of any contractor's performance. Any direction provided by Shannon & Wilson shall be deemed solely to ensure the contractor's general overall
compliance with Shannon & Wilson's design concept.
No Responsibility for Contractor's Performance
Except for its own subcontractors and employees, Shannon & Wilson shall not be responsible for safety precautions, the quality of any contractor's work, or
any contractor's failure to furnish or perform their work in accordance with their contract documents.
Except Shannon & Wilson's own employees and its subcontractors, Shannon & Wilson shall not: be responsible for the acts or omissions of any contractor,
subcontractor or supplier, or other persons at the Project site, or otherwise furnishing or performing any work; or for any decision based on interpretations or
clarifications of Shannon & Wilson's design concept given without the consultation and concurrence of Shannon & Wilson.
Approval of Contractor's Applications for Payment
If approval of a contractor's applications for payment are included in the Task Order, Shannon & Wilson shall review the amounts due the contractor and
issue a recommendation about payment to Client. Shannon & Wilson's review and approval shall be limited to an evaluation of the general progress of the
work and the information contained in the contractor's application for payment and a representation by Shannon & Wilson that to the best of the Shannon &
Wilson's knowledge, the contractor has performed work for which payment has been requested, subject to further testing and inspection upon substantial
completion. The issuance of a recommendation for payment shall not be construed as a representation that: Shannon & Wilson has made an exhaustive check
or a detailed or continuous inspection check of the quality or quantity of the contractor's work; approved the contractors means, methods, sequences,
procedures, or safety precautions; or that contractor's subcontractors, laborers, and suppliers have been paid.
ARTICLE 6 — CONFIDENTIALITY AND USE OF DOCUMENTS
Confidentiality
Shannon & Wilson agrees to keep confidential and to not disclose to any person or entity (other than Shannon & Wilson's employees and subcontractors),
without the prior consent of Client, all information furnished to Shannon & Wilson by Client or learned by Shannon & Wilson as a result of its Services on the
Project; provided however, that these provisions shall not apply to information that: is in the public domain through no fault of Shannon & Wilson; was
previously known to Shannon & Wilson; or was independently acquired by Shannon & Wilson from third - parties who were under no obligation to Client to
keep said information confidential. This paragraph shall not be construed to in any way restrict Shannon & Wilson from making any disclosures required by
law. Client agrees that Shannon & Wilson may use and publish Client's name and a general description of Shannon & Wilson's Services with respect to the
Project in describing Shannon & Wilson's experience and qualifications to others.
Copyrights and Patents — Shannon & Wilson shall indemnify, hold harmless, and defend Client from any and all actions, damages, demands, expenses
(including reasonable attorneys' fees and costs), losses, and liabilities arising out of any claims that any goods or Services furnished by Shannon & Wilson
infringe any patent, trademark, trade name, or copyright.
SEA -GH -2015
(1/2015)
Page 3 of 6
SHANNON & WILSON, INC.
Use of Documents
All documents prepared by Shannon & Wilson are instruments of service with respect to the Project, and Shannon & Wilson shall retain a copyrighted
ownership and property interest therein (including the right of reuse) whether or not the Project is completed.
Shannon & Wilson grants to Client a non- exclusive, irrevocable, unlimited, royalty-free license to use any documents prepared by Shannon & Wilson for
Client. Client may make and retain copies of such documents for their information and use. Such documents are not intended or represented to be suitable for
reuse by Client, or others, after the passage of time, on extensions of the Project, or on any other Project. Any such reuse without written verification or
adaptation by Shannon & Wilson, as appropriate for the specific purpose intended, shall be at Client's sole risk, and Client shall, only to the fullest extent
permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors
harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from such reuse, except to the extent of Shannon &
Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract. Any verification or adaptation of the documents for
extensions of the Project or for any other project by Shannon & Wilson shall entitle Shannon & Wilson to additional Compensation to be agreed upon by
Client and Shannon & Wilson.
Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Shannon &
Wilson. Text, data, or graphics files in electronic media format are furnished solely for the convenience of Client. Any conclusion or information obtained or
derived from such electronic files shall be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party
receiving an electronic file agrees that it shall perform acceptance tests or procedures within 60 days after its receipt, after which, unless notice of any errors
are given in writing to the delivering party, the receiving party shall be deemed to have accepted the data thus transferred. Any errors reported within the 60-
day acceptance period shall be corrected by the party delivering the electronic files at their sole expense. Shannon & Wilson shall not be responsible for
maintaining documents stored in electronic media format after acceptance by Client.
When transferring documents in electronic media format, neither Client nor Shannon & Wilson makes any representations as to long -term compatibility,
usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those
used for the document's creation.
ARTICLE 7 - INSURANCE
Shannon & Wilson shall purchase and maintain during the term of this Agreement, the following insurance coverage at its sole expense:
Commercial General Liability - $1,000,000 each occurrence /$2,000,000 annual aggregate Bodily Injury/Property Damage Combined Single Limit including
Blanket Contractual Liability, Broad Form Products and Completed Operations, Explosion /Collapse /Underground (XCU) Exposures, and Washington Stop
Gap coverage.
Auto Liability - $1,000,000 Bodily Injury/Property Damage Combined Single Limit including Owned, Hired, and Non -Owned Liability coverage.
Umbrella Liability - $10,000,000 Bodily Injury/Property Damage combined Single Limit in excess of Commercial General Liability, Auto Liability, and
Employers' Liability.
Workers' Compensation - Statutory in monopolistic states and $500,000 per accident/$500,000 per disease /$500,000 disease policy aggregate Employers'
Liability in non - monopolistic including if applicable, U.S. Longshore & Harbor workers' coverage.
Professional Liability - $5,000,000 per claims /$5,000,000 annual aggregate for professional errors and omissions including Pollution Liability coverage.
If requested in writing by Client, Shannon & Wilson shall name Client as an additional insured on its Commercial General Liability policy.
if requested in writing by Client, Shannon & Wilson shall deliver to Client certificates of insurance evidencing such coverage. Such certificates shall be
furnished before commencement of Shannon & Wilson's Services.
Client shall cause Shannon & Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by
Client that is applicable to the Project.
Client shall require the Project owner to require the general contractor on the Project to purchase and maintain Commercial General Liability, Automobile
Liability, Workers' Compensation, and Employers Liability insurance, with limits no less than set forth above, and to cause Shannon & Wilson and its
subcontractors to be listed as additional insureds on that Commercial General Liability insurance. Client shall require the Project owner include the substance
of this paragraph in the prime construction contract.
All insurance policies shall contain a waiver of subrogation.
ARTICLE 8 - HAZARDOUS ENVIRONMENTAL CONDITIONS
Disclosure of the Existence of Hazardous Environmental Conditions
Client has disclosed to Shannon & Wilson all data known to Client concerning known or suspected hazardous environmental conditions, including but not
limited to, the existence of all asbestos, PCBs, petroleum, hazardous waste, or radioactive material, if any, located at or near the Project site, including its
type, quantity, and location, or has represented to Shannon & Wilson that, to the best of Client's knowledge, no hazardous environmental conditions exist at
or near the Project site.
If any hazardous environmental condition is encountered or believed to exist, Shannon & Wilson shall notify Client and, to the extent required by applicable
laws and regulations, the Project site owner, and appropriate governmental officials.
Disposal of Non - Hazardous Samples and Hazardous or Toxic Substances
All substances on, in, or under the Project site, or obtained from the Project site as samples or as byproducts (e.g., drill cuttings and fluids) of the sampling
process are the Project site owner's property. Shannon & Wilson shall preserve such samples for forty-five (45) calendar days after Shannon & Wilson's
issuance to Client of the final instrument of service that relates to the data obtained from them. Shannon & Wilson shall dispose of all non - hazardous samples
and sampling process byproducts in accordance with applicable law; provided however, any samples or sampling process byproducts that are, or are believed
to be, affected by regulated contaminants shall be packaged by Shannon & Wilson in accordance with applicable law, and turned over to Client or left on the
Project site. Shannon & Wilson shall not transport store, treat, dispose of, or arrange for the transportation, storage, treatment, or disposal of, any substances
known, believed, or suspected to be affected by regulated contaminants, nor shall Shannon & Wilson subcontract for such activities.
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SHANNON & WILSON, INC.
Shannon & Wilson shall, at Client's request (and for additional Compensation, if not already included the Task Order), help Client or the Project site owner
identify appropriate alternatives for transportation, storage, treatment, or disposal of such substances, but Shannon & Wilson shall not make any independent
determination about the selection of a transportation, storage, treatment, or disposal facility.
Client or the Project site owner shall sign all manifests for the transportation, storage, treatment, or disposal of substances affected by regulated contaminants;
provided however, notwithstanding any other provisions of this Agreement to the contrary if Client directs Shannon & Wilson, its employees, or agents to
sign such manifests and/or to hire for Client or the Project site owner a contractor to transport store, treat, or dispose of the contaminated substances, Shannon
& Wilson shall do so only as Client's disclosed agent.
Contaminated Equipment and Consumables
Client shall reimburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is contaminated by regulated materials
encountered at the Project site and for the cost of disposal and replacement of contaminated consumables. In some instances, the cost of decontamination may
exceed the fair market value of the equipment, were it not contaminated, together with the cost of properly transporting and disposing of the equipment. In
such instances, Shannon & Wilson shall notify Client and give Client the option of paying for decontamination or purchasing the equipment at its fair market
value immediately prior to contamination. If Client elects to purchase equipment, Client and Shannon & Wilson shall enter into a specific agreement for that
purpose. Any equipment that cannot be decontaminated shall be considered a consumable.
Client's Liability for Hazardous or Toxic Materials
Except to the extent caused by Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract, and only to the
maximum extent permitted by law, Client shall: indemnify and hold harmless Shannon & Wilson, its subcontractors and their partners, officers, directors,
employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory
liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage (including bodily injury, death, or
property damage to Shannon & Wilson's own employees), or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs,
damages (including without limitation, economic, non- economic, general, special, incidental, consequential), demands, expenses (including, but not limited
to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the arrangement for
and/or ownership, operation, generation, labeling, transportation, storage, disposal, treatment, release, or threatened release of any hazardous or toxic
materials, as defined by CERCLA, MTCA, or similar federal, state, or local environmental laws, on and/or from the Project site.
ARTICLE 9 - ALLOCATION OF RISK
Indemnification of Client
To the maximum extent permitted by law, Shannon & Wilson shall: indemnify and hold harmless Client, its appointed and elected officials, partners, officers,
directors, employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied),
statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily
injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental
laws), costs, damages (including without limitation, economic, non - economic, general, special, incidental, consequential), demands, expenses (including, but
not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the
negligent or wrongful acts, errors, or omissions, or breach of contract or warranty express or implied, by Shannon & Wilson or any of its subcontractors; but
only to the extent of Shannon & Wilson's and its subcontractor's relative degree of fault. In furtherance of these obligations, and only with respect to Client,
its appointed and elected officials, partners, officers, directors, employees and agents, Shannon & Wilson waives any immunity it may have or limitation on
the amount or type of damages imposed under any industrial insurance, Workers' Compensation, disability, employee benefit, or similar laws. Shannon &
Wilson acknowledges that this waiver of immunity was mutually negotiated.
Limitation on Shannon & Wilson's Liability for Damages
A. Total Liability for Damages Limited to Insurance Proceeds
Notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by law, the total liability for damages under this
Agreement of Shannon & Wilson, its subcontractors, and their partners, officers, directors, employees, agents and, or any of them, to Client and/or anyone
claiming by, through, or under Client, for any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory
liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury, death,
or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs,
damages (including without limitation, economic, non- economic, general, special, incidental, consequential), demands, expenses (including, but not limited
to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever, arising out of, resulting from, or
in any way related to the Project or this Agreement, shall be limited to the insurance proceeds payable on behalf of or to Shannon & Wilson by any insurance
policies applicable thereto. If you are unwilling or unable to limit our liability for damages in this manner, we shall negotiate this limitation and its associated
impact on our approach, Services, Schedule, and Compensation, with you. You must notify us in writing before we commence any Services under this
Agreement of your intention to negotiate this limitation and its associated impact on our approach, Services, Schedule, and Compensation. Absent your prior
written notification to the contrary, we shall proceed on the basis that our total liability for damages are limited as set forth above.
B. Professional Liability for Damages Limited to $50,000 or 10% of Fee
With respect to professional errors or omissions only, notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by
law, the total professional liability for damages, in the aggregate, under this Agreement of Shannon & Wilson, its subcontractors, and their partners, officers,
directors, employees, agents, or any of them, to Client and/or anyone claiming by, through, or under Client, for any and all actions (whether sounding in tort,
contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for
bodily injury, death, property damage (including bodily injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA,
MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non - economic, general, special,
incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens,
liabilities, and penalties of any kind whatsoever, arising out of, resulting from, or in any way related to the professional errors or omissions of Shannon &
Wilson, its subcontractors, or their partners, officers, directors, employees, agents or, or any of them, shall be capped in the aggregate total amount of
$50,000.00, or ten percent (10 %) of the total Compensation actually paid to Shannon & Wilson under this Agreement, whichever is greater. If you are
unwilling or unable to limit our professional liability for damages to these sums, we shall negotiate the amount of this limitation and its associated impact on
our approach, Services, Schedule, and Compensation, with you. You must notify us in writing before we commence any Services under this Agreement of
your intention to negotiate the amount of this limitation and its associated impact on our approach, Services, Schedule, and Compensation. Absent your prior
written notification to the contrary, we shall proceed on the basis that our total professional liability for damages under this Agreement in the aggregate is
limited to $50,000.00 or ten percent (10 %) of the total Compensation actually paid to Shannon & Wilson under this Agreement, whichever is greater.
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SHANNON & WILSON, INC.
ARTICLE 10 — MISCELLANEOUS
Termination
This Agreement may be terminated without further obligation or liability by either party, with or without cause (for convenience), upon 30 days prior written
notice to the other. Shannon & Wilson shall be entitled to Compensation for all Services performed prior to the termination of this Agreement. This
Agreement may be terminated by the non - breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party
by the non - breaching party. Upon payment of all amounts due Shannon & Wilson, Client shall be entitled to copies of Shannon & Wilson's files and records
pertaining to Services performed prior to the termination of this Agreement.
Successors, Assigns, and Beneficiaries
This Agreement shall be binding upon each party's assigns, successors, executors, administrators, and legal representatives.
Neither Client nor Shannon & Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other. No
assignment shall release or discharge the assignor from any duty or responsibility under this Agreement.
Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or Shannon & Wilson to any third party. All duties
and responsibilities undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon & Wilson. There are no intended
third -party beneficiaries. Notwithstanding the foregoing, should a court find a third party to be a beneficiary of this Agreement, it is the intent of the parties
that the judicially created third -party beneficiary be bound by and subject to all of the terms and conditions of this Agreement.
Jurisdiction, Venue, and Choice of Law
Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew, or should have known, of the facts giving
rise to their claims, but in no event later than the date of substantial completion of Shannon & Wilson's Services under the Task Order. To the maximum
extent permitted by law, as a condition precedent to commencing a judicial proceeding, a party shall give written notice of their claims, including all amounts
claimed, and the factual basis for their claims, to the other party within one (1) year of when the claimant knew, or should have known, of the facts giving rise
to their claims, but in no event later than one (1) year from the date of substantial completion of Shannon & Wilson's Services under the Task Order. As a
condition precedent to commencing a judicial proceeding, a party shall first submit their claims to non - binding mediation through and in accordance with the
rules of the American Arbitration Association.
This Agreement shall be construed in accordance with and governed by the laws (except choice and conflict of law provisions) of the state in which the
Project is located.
Any judicial action shall be brought in the state in which the Project is located.
Attorneys' Fees
Should any dispute or claims arise out of this Agreement, whether sounding in tort, contract (express or implied), warranty (express or implied), statutory
liability, strict liability, or otherwise, the prevailing party shall be entitled to an award of their reasonable attorneys' fees and costs, including upon appeal and
in the enforcement of any judgment. Should neither party prevail on all of their claims or receive all of the relief they sought, then the substantially prevailing
party shall be awarded their reasonable attorneys' fees and costs, including upon appeal and in the enforcement of any judgment.
Waiver
A waiver of any of the terms and conditions or breaches of this Agreement shall not operate as a subsequent waiver.
Headings
The headings used in this Agreement are for general ease of reference only. They have no meaning and are not part of this Agreement.
Integration
This Agreement, together with the Task Order, are incorporated by reference into each other, and supercede all prior written and oral discussions,
representations, negotiations, and agreements on the subject matter of the Task Order and represent the parties' complete, entire, and final understanding of
the subject matter of the Task Order.
Survival
Notwithstanding completion or termination of this Agreement for any reason, all representations, warranties, limitations of liability, and indemnification
obligations contained in this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled.
Severability
If any of the terms or conditions of this Agreement are found to be void or unenforceable for any reason, the remainder of this Agreement shall continue in
full force and effect, and the court shall attempt to judicially reform the void or unenforceable provisions to the maximum extent possible, consistent with the
original intent expressed in the provisions, to render it valid and enforceable. If the court is unable to reform the provisions to render it valid and enforceable,
the court shall strike only that portion which is invalid or unenforceable, and this Agreement shall then be construed without reference to the void or
unenforceable provisions.
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171
SHANNON & WILSON, INC.
Geotechnical and Environmental Consultants
Attachment to and part of Proposal 21 -2- 62281 -001
Date: June 9, 2015
To: Mr. Ronnie Bennett
Parametrix
IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL /ENVIRONMENTAL
PROPOSAL
More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and
observations are offered to help you manage your risks.
HAVE REALISTIC EXPECTATIONS.
If you have never before dealt with geotechnical or environmental issues, you should recognize that site exploration identifies actual
subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the
consultant, who then applies judgment to render an opinion about overall subsurface conditions; their reaction to construction activity;
appropriate design of foundations, slopes, impoundments, recovery wells; and other construction and /or remediation elements. Even
under optimal circumstances, actual conditions may differ from those inferred to exist, because no consultant, no matter how qualified,
and no subsurface program, no matter how comprehensive, can reveal what is hidden by earth, rock, and time.
DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE.
The nature of subsurface explorations —the types, quantities, and locations of procedures used —in large measure determines the
effectiveness of the geotechnical /environmental report and the design based upon it. The more comprehensive a subsurface
exploration and testing program, the more information it provides to the consultant, helping to reduce the risk of unanticipated
conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered.
Developing a proper subsurface exploration plan is a basic element of geotechnical /environmental design, which should be
accomplished jointly by the consultant and the client (or designated professional representatives). This helps the parties involved
recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface
exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for
the plan's adequacy.
READ GENERAL CONDITIONS CAREFULLY.
Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly
employed is to limit the consulting firm's liability. Known as a "risk allocation" or "limitation of liability," this approach helps prevent
problems at the beginning and establishes a fair and reasonable framework for handling them, should they arise.
Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion
and misunderstandings, thereby helping all parties recognize who is responsible for different tasks. In all cases, read your consultant's
general conditions carefully and ask any questions you may have.
HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS.
Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report.
To help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the
geotechnical /environmental report. This allows a consultant to explain report implications to design professionals affected by them,
and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may
be familiar with geotechnical /environmental concerns, none knows as much about them as a competent consultant.
Page 1 of2 1 /2015
OBTAIN CONSTRUCTION MONITORING SERVICES.
Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the
construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated
conditions, to conduct additional tests if required, and when necessary, to recommend alternative solutions to problems. The
consultant can also monitor the geotechnical /environmental work performed by contractors. It is essential to recognize that the
construction recommendations included in a report are preliminary, because they must be based on the assumption that conditions
revealed through selective exploratory sampling are indicative of actual conditions throughout a site.
Because actual subsurface conditions can be discerned only during earthwork and /or drilling, design consultants need to observe those
conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the
background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the
report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to
observe construction.
REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED.
If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of
contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site
reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services
needed to perform that function are not being provided.
ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE
PUBLIC.
A geotechnical /environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health,
property, or welfare of the public. Your consultant may be obligated under rules of professional conduct, or statutory or common law,
to notify you and others of these conditions.
RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE.
Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to
a construction project, from design through construction. Ask your consultant, not only about geotechnical and environmental issues,
but others as well, to learn about approaches that may be of genuine benefit.
The preceding paragraphs are based on information provided by the
ASFE /Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland
Page 2 of 2 1/2015
Materials Testing & Consulting, Inc•
Geotechnical Engineering & Consulting • Special Inspection • Materials Testing • Environmental Consulting
June 5, 2015
Ronnie Bennett
Parametrix
Construction Services Manager
206.394.37151 desk
425.877.7013 I cell
rbennett@parametrix.com
RE: Duwamish Gardens
Dear Mr. Bennett
Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to
provide materials testing and special inspection services during construction of the above - referenced project. All services will be
provided on a time and materials basis. Although dependent on the actual construction schedule and sequencing, MTC will only bill
for actual work performed, regardless of the amounts estimated. Our project manager will review weekly budget status reports, and
invoices will be sent on a monthly basis. No work will be performed beyond the scope and cost estimate without your prior
authorization.
Each of MTC's laboratories are regularly audited by the American Association for Laboratory Accreditation (A2LA) as well as the
Washington Association of Building Officials (WABO). We are specifically recognized to meet the requirements of ASTM C1077,
D3666, D3740, E329, and AASHTO R -18 standards for agencies engaged in construction materials testing. Our proposed inspection
team includes WABO certified senior special inspectors with decades of collective experience and together have worked on thousands
of projects throughout the Northwest totaling over $4 Billion in construction costs.
In order to provide cost reductions and more efficiency to your project, and to reduce our global footprint, MTC provides the
advantage of electronic reporting, distribution, and storage of all the inspection reports produced for your project(s) through our
secure, online system called the Digital Paper Route (DPR). The DPR is an online report distribution and project management tool
which not only enables full -time, web -based access to all of our testing and inspection reports, but also provides daily updates of the
project budget allowing our clients to review both overall contract amounts and "drill down" within a project to further evaluate
specific inspection or lab tasks. The DPR service is provided free of charge to all our clients and their appointed project team.
Additional information and further illustration of this service is included in this proposal.
In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our
local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We
look forward to working with you.
Respectfully Submitted,
Deane Ramsdell
Senior Project Manager
Attachment(s): Bid Form, Bid Assumptions,
Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980
SW Region • 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779
NW Region • 805 Dupont St, Suite 5 • Bellingham, WA 98226 • Phone 360.647.6061 • Fax 360.647.8111
Kitsap Region • 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787
Visit our website: www.mtc- inc.net
Materials Testing & Consulting, Inc.
Geotechnical Engineering & Consulting• Materials Testing • Special Inspection • Environmental Consulting
Project Name - Duwamish Gardens Habitat Project
Project Location - 11269 East Marginal Way South, Tukwila WA 98168
Bid Form Estimate for Services
Prepared: 6 -3 -2015
(01) Earthwork & Asphalt Services
Item Visits Unit Quantity Rate Total
IPD -S - Utility Trench Compaction 3 Hour 12 $ 50.00 $ 600.00
IPD -S - Roadway / Sidewalk Subgrade & Rock Course 6 Hour 24 $ 50.00 $ 1,200.00
IPD -S - Wall / Foundation Subgrade & Backfill Compaction 4 Hour 16 $ 50.00 $ 800.00
IPD -S - Sample Retrieval Hour 4 $ 50.00 $ 200.00
IPD -A - Asphalt Paving 2 Hour 8 $ 50.00 $ 400.00
IPD -A - Plant Sampling 2 Hour 4 $ 50.00 $ 200.00
Subtotal - Earthwork & Asphalt Services: $ 3,400.00
(02) Laboratory Testing for Earthwork & Asphalt
Item Unit Quantity Rate Total
Moisture Density Relationship /Proctor with Sieve Each 4 $ 225.00 $ 900.00
Sieve Analysis with #200 Wash/Combined Gradation Each 4 $ 95.00 $ 380.00
Sand Equivalent Each 3 $ 80.00 $ 240.00
Fracture Percentage Each 3 $ 50.00 $ 150.00
Uncompacted Void Content Each 2 $ 90.00 $ 180.00
Asphalt Extraction with Gradation Each 2 $ 225.00 $ 450.00
Rice Density Each 2 $ 75.00 $ 150.00
Subtotal - Laboratory for Earthwork & Asphalt: $ 2,450.00
(03) Special & Construction Inspection
Item
RC - Site Concrete
Visits Unit Quantity Rate Total
4 Hour 24 $ 50.00 $ 1,200.00
Subtotal - Special & Construction Inspection: $ 1,200.00
(04) Laboratory Testing - Special & Construction Inspection
Item Unit Quantity Rate Total
Concrete Compression Test Cylinders - 4" x 8" - Sets of 5 Each 20 $ 20.00 $ 400.00
Subtotal - Special & Construction Inspection: $ 400.00
(30) Project Management & Consulting Services
Item
Project Manager
Visits Unit Quantity Rate Total
Hour 9 $ 75.00 $ 675.00
Subtotal - Project Management & Consulting Services: $ 675.00
Budget Estimate for Services - Total: S
8,125.00
Materials Testing & Consulting, Inc.
Geotechnical Engineering & Consulting • Special Inspection • Materials Testing • Environmental Consulting
Project Name — Duwamish Gardens Habitat renewal
Project Location — Tukwila, Washington
Estimate Assumptions & Service Agreement - Page 1 of 3
Estimate Assumptions
1) The Bid Form Estimate for Services (when applicable), incorporated herein by reference, is provided for Clients use to determine and/or
approximate the cost for MTC's services; the document SHALL NOT guarantee a maximum, or not -to exceed (NTE) cost for MTC's services.
2) The quantities detailed on the Bid Form Estimate for Services are estimated and compiled from documents provided by Client, which may
include project plans, specifications, construction schedules, and other information made available by Client to MTC at the time of proposal
preparation. Scheduling, performance, production, and changes are under the sole direction and control of Client or their designee; therefore
any additions or alterations will be considered in excess of the Budget Estimate Proposal. The total price does not include re- inspections or
additional inspection required due to negative or deficient conditions requiring correction, standby time, show -up time, same -day request for
inspection time, overtime or double -time charges.
3) Estimate Basis & Assumptions
This proposal was generated from drawings retrieved from the BXWA dated 3 -16 -2015
General Terms & Conditions
1) Materials Testing & Consulting, Inc. (MTC) will provide professional services to Client, as defined by the scope of work, with that degree of
care and skill ordinarily exercised under similar circumstances by members of MTC's profession. This representation is in lieu of any
warranties or other representations, either expressed or implied. If conditions differ from what was reported by MTC during inspection, the
Client shall immediately contact MTC to make MTC aware of the changes, and authorize further and appropriate evaluation. It is also
understood and agreed to that statements made in MTC reports are independent opinions, based on professional judgment, and should not be
construed to be conclusive representations of fact.
2) Client agrees to indemnify, defend, and hold MTC, its officers, employees, agents, and independent contractors harmless from any and all
claims, suits, losses, costs, and expenses, including but not limited to, court costs and reasonable attorneys fees arising or alleging to have risen
out of the performance of MTC's work. In the event that Client or a third -party shall bring any suit, cause of action, claim or counterclaim, that
shall involve work performed by MTC, the Client shall pay to MTC the costs and expenses incurred by MTC to answer and/or appear in any
such suit, cause of action, claim or counterclaim, including reasonable attorneys fees, and the hourly rate of manpower required for response.
MTC's limit of liability shall in no event exceed the contract amount.
3) Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge
of one and one -half (11/2%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the
date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date
rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the
collection of any unpaid invoice(s), including collection fees, actual attorneys' fees, and costs for legal counsel. Furthermore, Client
acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all
outstanding invoices and/or fees have been paid in full.
4) Unless otherwise stated in writing, Client assumes sole responsibility for determining the quantity and nature of required work, and that it is
adequate for it's intended purpose. Client shall communicate these general conditions to each third -party to whom Client conveys any part of
MTC's work. MTC shall have no obligation greater than that set forth in MTC's proposal to any of Client's third parties. Client shall cause all
tests and inspection of the site, materials, and work performed by MTC or others, to be timely and properly performed, in accordance with
project plans, specifications, contract documents, and Design Professionals' recommendations.
5) MTC's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences, or procedures of
construction. MTC shall not be responsible for evaluating, reporting, or affecting job conditions concerning health, safety, or welfare. MTC's
work, or failure to perform same, shall not in any way excuse the contractor(s), subcontractor(s), and/or supplier(s) from performance of their
work in accordance with the contract documents.
6) MTC will not provide any manner of recommended solution or `fix' for any site conditions or installed work that differ from project documents.
In such instances, MTC's field report outlining the deviation from project documents will be provided to the Contractor and / or Client for
clarification from the appropriate design professional.
Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980
SW Region • 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779
NW Region • 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111
Kitsap Region • 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787
Visit our website: www.mtc- inc.net
Materials Testing & Consulting, Inc.
Geotechnical Engineering & Consulting • Special Inspection • Materials Testing • Environmental Consulting
Project Name — Duwamish Gardens Habitat renewal
Project Location — Tukwila, Washington
Estimate Assumptions & Service Agreement - Page 2 of 3
7) MTC does not employ any type of craftspeople, tradesmen, mechanics or laborers, and has proposed a scope limited to Quality Control / Quality
Assurance testing and inspection. MTC excludes all services pertaining to direct construction, reconstruction, maintenance or repair. As such,
MTC assumes itself exempt from prevailing wage requirements and filings described in RCW 39.12.
8) MTC carries in- excess of the standard insurance required by law in the State of Washington. If additional insurance is required by Client, the
Client agrees to pay a minimum fee of $250.00, and any additional fees plus 20 %, incurred by MTC to fulfill Clients request for such insurance.
Minimums & Travel Charges
1) Field inspection services are subject to a four (4) hour minimum charge per call, with services in excess of four (4) hours subject to half hour
increments. Professional services are subject to a two (2) hour minimum for "in - house" work, and a four (4) minimum for field work. A
premium rate of one and one -half (1 'A) times the regular rate will be charged for all work in excess of eight (8) hours per day, for night work
(work prior to 6:00AM, and after 6:00PM), and for Saturday work. Sundays and legal holidays will be charged at two (2) times the regular rate.
2) Sample pickup services are subject to a one (1) hour minimum charge, (or actual duration for projects in excess of 50 miles from an MTC
location). Services scheduled same -day will be charged at the rate listed on MTC's fee schedule.
3) A show -up or cancellation without four (4) hours notice is subject to a four (4) hour minimum charge plus applicable mileage and travel.
Remote jobs shall incur additional charges for subsistence, and will be billed to the Client at cost plus 15 %; the minimum per diem rate for
subsistence is $100.00. Travel charges for site visits will be charged as quoted on the Bid Form Estimate for Services.
4) if onsite parking is not available, MTC will bill costs for parking as a reimbursable expense subject at cost plus 15 %.
Geotechnical, Civil & Earthwork Inspection & Testing
1) Unless specifically noted otherwise, proposed quantities for earthwork are limited to compaction testing and associated laboratory acceptance
testing only, and do not constitute a proposal to provide geotechnical engineering or consulting services, nor are these services intended to
relieve the Geotechnical Engineer of Record from Construction Observation and Design Administration services.
2) As stated elsewhere in this document, MTC does not propose to provide any manner of recommendation or guidance for issues and problems
arising in earthwork construction. All non - conforming work and differing site conditions will be referred to the Geotechnical Engineer of
Record for resolution. Upon Client request, MTC will assume the role of Geotechnical Engineer of Record based on the following procedure:
a) A Professional Engineer will conduct a review of the project Geotechnical Report, and will issue a letter that either concurs or deviates
from the conclusions drawn in the original report.
b) Additional field exploration and testing may be required in order to resolve underlying questions if MTC does not agree with the
conclusions and recommendations of the original soils report.
c) All time and materials related to the review of the original soils report and subsequent investigation and testing will be billed at the unit
rates quoted in Exhibit A — Fee Schedule.
3) Pile installation observation does not include Pile Driving Analysis services. MTC assumes all PDA and associated testing will be provided by
the Geotechnical Engineer of Record. MTC proposes to observe pile driving work and document whether pile driving criteria generated by the
Engineer has been met.
4) Settlement monitoring services includes installation of monitoring points and production of monthly report only. MTC assumes the Contractor's
Surveyor will transmit related data to MTC in a timely fashion for analysis and report preparation.
5) When the scope of MTC's services includes excavation of test pits or borings, MTC will contact One -Call Locating to locate public utilities in
adjacent public rights -of -way. The client assumes all responsibility for physical and/or monetary damages resulting from the proposed
exploration activities encountering underground utilities or structures. We assume that the client will provide private utility locate services if
public utility locating is not sufficient to meet the needs of the project.
Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980
SW Region • 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779
NW Region • 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111
Kitsap Region • 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787
Visit our website: www.mtc - inc.net
Materials Testing & Consulting, Inc•
Geotechnical Engineering & Consulting • Special Inspection • Materials Testing • Environmental Consulting
Project Name — Duwamish Gardens Habitat renewal
Project Location — Tukwila, Washington
Estimate Assumptions & Service Agreement - Page 3 of 3
6) Unless otherwise noted, MTC assumes footing and slab subgrade suitability will be determined by determining density of structural fill or re-
compacted native materials, and / or proof -roll witnessed by MTC personnel.
7) Laboratory testing for soil, aggregate and asphalt are quoted using WSDOT acceptance requirements and testing frequencies, unless otherwise
noted or specified; refer to WSDOT Construction Manual.
8) Most soil, aggregate and asphalt tests are complete within 48 hours of delivery to MTC's laboratory. Additional charges will apply for rush
results.
9) Unless other arrangements are made, all samples will be disposed of (30) days after MTC's receipt of material.
Reinforced & Site Concrete
1) MTC assumes that all precast concrete shall be fabricated by a PCI- approved fabricator, or `State- Stamped' as appropriate, and precast concrete
sampling will not be required.
1) Project management charges reflect the background work required to initiate and manage the testing and inspection program required for the
project. Such tasks included in project management include the labor required to manage report distribution, as well as for ongoing report and
budget review, project meetings and generation of the final inspection report upon closeout. Typically, one (1) hour per sixteen (16) field hours
are required, though few projects require less than four (4) hours of Project Management due to set -up and close -out requirements.
2) Agreement
Materials Testing & Consulting thanks you for this opportunity. Every effort has been made to ensure that this proposal is consistent with the
requirements set forth by the design documents, proposal request and applicable building code. Additionally, where construction schedules are
unavailable or incomplete, we have attempted to employ a logical conceptualization for the construction sequence for estimating site visits,
inspection durations and required sample quantities. Actual quantities will vary based upon actual construction sequence.
The undersigned accepts this bid proposal and the exclusions and assumptions therein, and agrees to retain Material Testing & Consulting, Inc. for
the scope of services outlined in this proposal.
For: Materials Testing & Consulting, Inc. For: Client
Authorized Rep., Printed Name & Title Authorized Rep., Printed Name & Title
Name of Company
Signature & Date
Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980
SW Region • 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779
NW Region • 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111
Kitsap Region • 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787
Visit our website: www.mtc- inc.net
ESA
June 15, 2015
Ronnie Bennett
Parametrix
5309 Shilshole Avenue NW
Suite 200
Seattle, WA 98107
206.789.9658 phone
206.789.9684 fax
RE: Duwamish Gardens Construction — Archaeological Support (REVISED 06/15/15)
Dear Ronnie:
www.esassoc.com
ESA is pleased to provide the enclosed proposed scope of work and cost estimate to provide Archaeological
Support during construction of the City of Tukwila's Duwamish Garden project. I have developed these
materials based on information that you and I have discussed.
Please contact me (206.789.9658, clockwood@esassoc.com) if you have any questions or need additional
information. Thank you.
Sincerely,
Chris Lockwood
Principal Investigator
Northwest Cultural Resources Group
r ESA
Attachment A
City of Tukwila
Duwamish Gardens Construction — Archaeological Support
Project Description: The City of Tukwila is constructing a habitat restoration project along the
Duwamish River. The project location includes an archaeological site which was delineated during
permitting. The project is subject to compliance with Section 106 of the National Historic Preservation
Act; the US Army Corps of Engineers (USACE) is the lead federal agency for Section 106. In order to
secure a permit from USACE and to comply with Section 106, a Memorandum of Agreement (MOA)
and Mitigation and Monitoring Plan (MMP) were developed in consultation with the Section 106
Consulting Parties. The City has retained Parametrix to provide construction management services.
Parametrix has requested ESA to develop a scope of work to implement the Mitigation and Monitoring
Plan.
Scope of Work: The Scope of Work to be conducted by ESA includes eight tasks:
Task 1. Client Coordination and Communication. Under this task, ESA will participate in
meetings and communications with consulting parties per the terms of the MOA and MMP. Under
this task, ESA will also oversee project schedule and budget.
• Subtask la. Review Final Construction Plans. ESA will review the\ final construction
plans and summarize the results of the review in an email to the USACE Archaeologist.
• Subtask lb. Construction Meeting and Orientation. ESA will conduct a preconstruction
meeting with Tribes, Contractor, and City personnel. The purpose of the meeting is to
review the MMP and discuss the collaboration of archaeologists and contractor personnel.
• Subtask lc. Tribal Preconstruction Site Visit. If requested by the Tribes, ESA will
attend the Tribal preconstruction site visit.
• Subtask ld. Tailgate Orientation. ESA will conduct up to three tailgate orientations for
construction workers; the first will be prior to the beginning of work. Additional
orientations will be conducted as new construction personnel join the project. Orientations
will be conducted within the course of normally scheduled site visits /on -site monitoring.
• Subtask le. Weekly Progress Summaries. ESA will email weekly progress summaries to
consulting parties.
• Subtask lf. Attend Weekly Construction Meetings. ESA will attend weekly
construction meetings through the end of major excavation within the Archaeologically
Sensitive Area.
Task 2. Archaeological Mitigation and Archaeological Monitoring. ESA will provide up to
350 hours of archaeological mitigation and monitoring. Activities will include on -site and check -in
archaeological monitoring, inadvertent discovery response, mapping, documentation of features
and artifacts, downloading of photos /notes /sketches, travel, procurement of any necessary field
P" ESA
Attachment A
City of Tukwila
Duwamish Gardens Construction — Archaeological Support
supplies, observation of movement and replacement of the Archaeologically Sensitive Area (ASA)
fence (per terms of the MMP).
Task 3. Survey of Enhancement Area. ESA will survey the new enhancement area and conduct
up to 5 shovel /auger probes.
Task 4. Sample Intake. If cultural features are identified, ESA. will intake, catalog, and stabilize
all field samples. Field samples will be temporarily stored at ESA.
Task 5. Interim Report. At the conclusion of construction monitoring, ESA will summarize
results and make recommendations regarding appropriate analytical techniques for addressing
project research questions. These recommendations may include an analysis of artifacts recovered
and /or features identified during monitoring (including use of third -party services), and
preparation of a final mitigation and monitoring report.
Task 6. Analyses. Artifact and /or feature analysis will be conducted based on agreement from
consulting parties. Analyses may require use of third -party services.
Task 7. Final Mitigation and Monitoring Report. Results of analyses will be used to
supplement the interim report to produce a Final Mitigation and Monitoring Report.
Task 8. Oral Histories. ESA will collect oral histories from up to three (3) members of the
Carrossino family, and two (2) members of the Ray family, and will transcribe the digitally -
recorded interviews.
Deliverables: Email memo summarizing review of construction plans
Weekly summaries via email
Draft and Final Interim Report submitted as pdf.
Draft and Final Mitigation and Monitoring Report.
Digital and transcribed Oral Histories
Assumptions:
• Project will be active for 5 months.
• Major ground disturbance will be complete within 13 weeks.
• Up to 10 archaeological features will be documented and subject to archaeological treatment
according to the terms of the mitigation and monitoring plan.
• Only one round of revisions will be required for the interim report.
• Preparation of samples for permanent curation, if required by consulting parties, is not within
this scope.
Cost Proposal: ESA has estimated the cost for the Duwamish Gardens Archaeological Support during
Construction based on the hours and rate schedule included in Table 1. ESA estimates that the sum of
$97,175 will be required to complete Tasks 1 through 8 as described above. Extra services will be
r ESA
Attachment A
City of Tukwila
Duwamish Gardens Construction — Archaeological Support
initiated by ESA only after agreement by both ESA and the Client concerning revisions to the scope of
work and additional compensation, if necessary.
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Task 1 Client Coordination /Meetings
Task 2 Mitigation and Monitoring
Task 3 Survey of Enhancement Area
Task 4 Sample Intake
Task 5 Interim Report
Task 6 Analyses
Task 7 Final Mitigation /Monitoring Report
Task 8 Oral Histories
Subtotal Hours
Task Reimbursable Expenses:
99999
File: ESA DuwamishG archy support BUDGET20150615.xls
June 9, 2015
Mr. Ronnie Bennett, P.E.
Parametrix Inc.
719 2nd Avenue, Suite 200
Seattle, WA 98104
Re: Landscape Architectural
Construction Administration Support services
Duwamish Gardens Construction Phase
Dear Mr. Bennett,
j.a. brennan
associates ri.ic
Landscape Architects & Planners
100 S. King Street, Suite 200, Seattle, WA 98104
t. 206.583 -0620 f. 206.583.0623
www.jabrennan.com
Thank you for the opportunity to present the following proposal to assist Parametrix (Client) with
landscape architectural subconsultant services for the City of Tukwila's Duwamish Garden Project
Implementation Phase. J.A. Brennan Associates, PLLC will support Parametrix and the City of Tukwila
with landscape finishes for site improvements at the project site, to ensure the intent of the site design and
associated features are being met.
Please refer to Exhibit B for specific product deliverables and associated fee.
Scope of Work
Task 1 - Project Management/ Contract Administration
Work will include administrative support, design team correspondence and coordination, setting up
project contract and files, scheduling, management, and invoicing.
Products:
• None
Task 2 - Construction Administration Support
This task includes participating in a pre- construction meeting. During construction, we will attend
weekly construction progress meetings, review submittals, review a limited number of change orders and
respond to requests for information "RFI's ". We will visit the site, to observe the work, issue field
reports after each visit, and prepare a punch list or statement of final acceptance.
This task will also include the production of record drawings at the time of physical completion.
Products:
Meetings:
• See exhibit B
• Pre -con meeting
• Bi- weekly progress meetings during construction period (See Exhibit B for quantity)
J.A. Brennan Associates, PLLC 1
• Site observation meetings (Select CM and Client team meetings at site) (See Exhibit for
quantity.)
Fee
The work described in the Scope of Work above, will be invoiced monthly at the billable rates on the
attached Fee Proposal plus reimbursable expenses. The level of effort for each task, and anticipated
reimbursable expenses are indicated on the Fee Proposal.
The fee for the Base Scope of Work will be time and materials and will not exceed $ 14,781.00 plus
$110.00 in reimbursable expenses without prior authorization. Total Fee $14,891.00
Schedule
Work will begin upon receipt of an executed contract. Construction is assumed to begin June 2015 and
may extend until summer of 2016.
This scope assumes site visits based on critical milestones and anticipated site review of landscape related
finishes. We will work with the client to confirm what is most appropriate for the timing of the site
observations.
Scope Assumptions:
1. City of Tukwila will be responsible for distribution of all documents.
2. The fee is based on the number of site visits identified in the Scope of Work. Additional site visits
will require additional fee.
3. J.A. Brennan does not provide contaminated soils remediation services.
4. J.A. Brennan Associates will not be responsible for working with adjacent landowners.
5. J.A. Brennan will prepares field notes from individual field observations. Team progress
meeting notes will be prepared by others.
6. Record drawings are included in the scope of work.
7. Archeological services by others.
J.A. Brennan Associates, PLLC 2
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512.00
494.00
2,261.00
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1,490.00
1,090.00
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DESCRIPTION
Task 1 Project Management/ Administration
Administration / Coordination/
Correspondence and meeting coordination
Scheduling & management
Contract administration
Total
Task 2 Construction Administration
Construction Support
Pre -Con Meeting
Submittal review (up to9)_
RFI review and respond (up to 6)
Assist with Modification Proposal or Change Order (up to 4)
Attend Up to 8 site observation visits - include field notes
Attend Up to 6 progress meetings - meeting notes by others review meeting notes
Punch List and close out
Prepare Record Drawings I
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Duwamish Garden CM -fee proposal.xlsx,J.A. Brennan 6/10/2015
1