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Home My WebLink AboutCOW 2017-11-13 Item 5G - Public Safety Plan - Due Diligence Contracts: Environmental, Geotech and SurveyCOUNCIL AGENDA SYNOPSIS nitials--------------------------------- I ITEM NO. Aleelingo Date Pre,pared by Mayor - revue Council review 11/13/17 RB 11/20/17 RB ❑ Resolution Mtg Date ❑ Ordinance All g Date ❑ BidAward Altg Date ❑ Public Hearing Altg Date ITEM INFORMATION 5.G. 315 SPONSOR: RACHEL BIANCHI ORIGIN.\L,AGI3NI)AD,ATI: 11/13/17 AGI?ND,A I'll "N Trrl,>: Due diligence contracts for the Public Safety Plan C,A'I'L;CiORY ® Discussion Altg Date 11/13/17 ® Motion Alt Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance All g Date ❑ BidAward Altg Date ❑ Public Hearing Altg Date ❑ Other Altg Date SPONSOR ❑Council ®Mayor 01 -IR ❑DCD ❑Finance ❑Fire 07-S ❑P&-IZ ❑Police ❑PIY� ❑Cour SPONSOR'S Authorize the Mayor to sign environmental, geotech and survey contracts for services SUN -I\ 1;1RY associated with the Public Safety Plan. REVIL:Wl3D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ "Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/6/17 COMMITTEE CI --LAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADYIIN. Mayor's Office COVIMI"I'll'': Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NDITURF' REQUIRI3D AMOUNT BUDGETED APPROPRIATION REQUIRED $229,337 $ $229,337 Fund Source: PUBLIC SAFETY BONDS, GENERAL AND ENTERPRISE FUNDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 (Updated after PS Com.) Contracts 11/20/17 315 316 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager BY: D.J. Baxter, Shiels Obletz Johnsen CC: Mayor Ekberg DATE: November 6, 2017 SUBJECT: Public Safety Plan, Due Diligence Consulting Services (Updated after PS Com.) ISSUE Execute contracts to provide due diligence consulting services for the selected properties selected to implement the Public Safety Plan. BACKGROUND The City has identified its preferred sites for each of the facilities to be built under the Public Safety Plan. These include the Justice Center, the Public Works Shops, and Fire Stations 52 and 54. The location for Fire Station 51 was previously determined. The following services are needed to support the investigation and acquisition of properties for each of these facilities: 1. Survey 2. Geotechnical Analysis 3. Environmental Analysis To select consulting firms who could perform these services for the Public Safety Plan, the City requested proposals from 2-3 firms from its consulting services roster for each type of service. In the cases of Survey and Environmental Analyses, the City received only one response from providers in each of the named categories. In lieu of an evaluation of multiple firms based on qualifications and price, the City timelines dictate contracting with the responsive consultant in these categories. In addition to being listed on the City's consultant rosters, the City has confirmed that each of these firms is well known in the community, and is well qualified to conduct the work requested. These firms have all worked on behalf of public agencies, and consultation with the City's project management team confirms that each of these firms is known for producing high-quality, reliable, and cost-effective work. Given the brisk timeline for property acquisition, the project management team recommends proceeding with each of the responsive consultants. In the case of Geotechnical Analysis we requested proposals from three firms, and received proposals from two. At the time of the Public Safety Committee meeting we had only received one proposal, and requested the Committee's permission to allow one additional day to allow the other firms to respond and then take the recommended proposal directly to COW for consideration. In order to provide the City with the most options, the Public Safety Committee agreed. Since the time of the Public Safety Committee meeting we received one additional proposal. The proposal provides a bid for a preliminary evaluation that can begin immediately and a rough scope and cost estimate for more detailed work that can be conducted once we have access to the properties. The consultant is highly qualified and provided the lower cost of the two proposals. We recommend engaging this proposer on a phased basis with the preliminary work to start immediately, and the additional work if needed, to commence 317 INFORMATIONAL MEMO Page 2 at the City's further direction. We request authorization for the full cost of this work now to enable the City to move quickly into the more detailed work if needed. The table below identifies the firms contacted for each type, the name of the responding consultant, the scope of work that consultant will conduct, and the proposed price for those services. DISCUSSION Each of the consultants will execute the city's standard agreement for contracted services, to provide the services described above. Locations of Properties to be Evaluated: Justice Center — 9 parcels along the west side of Tukwila International Boulevard, on the north and south sides of 150th. Public Works Facility — 3 Parcels between E. Marginal Way and Tukwila International Boulevard, south of 112th. Fire Station 52 —1 parcel north of Tukwila City Hall and west of 65th (survey only) Fire Station 54 —1 parcel east of 42nd Avenue, between 139th and 140th. FISCAL IMPACT: The cost estimate for these Due Diligence Services is $209,337. This is a reduction from the estimate amount provided to the Public Safety Committee. Services on the Justice Center and Fire Station properties will be billed to the Public Safety Bond, while the work performed on the Public Works site will be equally divided between the General and Enterprise Funds. RECOMMENDATION: Council is being asked to approve the Due Diligence services contracts for scopes of work and associated fees as described above and consider this item on at the November 13, 2017 Committee of the Whole meeting and subsequent November 20, 2017 Regular Meeting. ATTACHMENTS: Draft Contract for Geotechnical Services with Scope of Work Draft Contract for Environmental Services with Scope of Work Draft Contract for Survey Services with Scope of Work 318 WA2017 Info MemosTue Diligence Services 11-06-17.docx Recommended Service T e Firms Contacted Consultant Work Scope Price Survey BRH BRH ALTA Surveys for JC, PW, $57,400 Baseline FS52 and 54 GeoTech Hart Crowser Shannon & Wilson Geotechnical Analysis for JC,4$ 0,000 Shannon & Wilson PW AESI Environmental Sound Earth Sound Earth Phase 1 Reports for PW, FS54; $111,937 Kane Phase 2 Reports for PW, JC Environmental Total Due Diligence Approvals Requested $209,337 DISCUSSION Each of the consultants will execute the city's standard agreement for contracted services, to provide the services described above. Locations of Properties to be Evaluated: Justice Center — 9 parcels along the west side of Tukwila International Boulevard, on the north and south sides of 150th. Public Works Facility — 3 Parcels between E. Marginal Way and Tukwila International Boulevard, south of 112th. Fire Station 52 —1 parcel north of Tukwila City Hall and west of 65th (survey only) Fire Station 54 —1 parcel east of 42nd Avenue, between 139th and 140th. FISCAL IMPACT: The cost estimate for these Due Diligence Services is $209,337. This is a reduction from the estimate amount provided to the Public Safety Committee. Services on the Justice Center and Fire Station properties will be billed to the Public Safety Bond, while the work performed on the Public Works site will be equally divided between the General and Enterprise Funds. RECOMMENDATION: Council is being asked to approve the Due Diligence services contracts for scopes of work and associated fees as described above and consider this item on at the November 13, 2017 Committee of the Whole meeting and subsequent November 20, 2017 Regular Meeting. ATTACHMENTS: Draft Contract for Geotechnical Services with Scope of Work Draft Contract for Environmental Services with Scope of Work Draft Contract for Survey Services with Scope of Work 318 WA2017 Info MemosTue Diligence Services 11-06-17.docx City of Tukwila Agreement Number: • �+ 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Sound Earth Strategies, Inc. That portion of Contract No. 17-167 between the City of Tukwila and Sound Earth Strategies, Inc. is hereby amended as follows: 1. Proiect Designation. The Consultant is retained by the City to perform environmental evaluation services for three selected sites referred to as the Justice Center Site (JC7NL), Public Works Site (PW), and Fire Station 54 Site (FS54), in connection with the project titled Tukwila Public Safety Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits "A," "B," and "C" 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 December 31, 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 March 31, 2018 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $126,937 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 W CONTRACTOR Printed Name: APPROVED AS TO FORM Office of the City Attorney Page 1 of 1 319 320 Exhibit A Sound Earth Strategies, Inc. 2811 Fairview Avenue East, Suite 2000 Seattle, VVashington 98102 Sound I IStrategfes October 17, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT FS54 Property 13916 42nd Avenue South, Tukwila, Washington Proposal Number: PROP -172-59 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct a Phase I Environmental Site Assessment (ESA) of the property located at the address listed above in Tukwila, Washington (the Property). According to the available online assessor's records, the Property consists of a single tax parcel (King County Parcel No. 152304-9263) that covers approximately 1.7 acres. The Property is developed with a 1966 -vintage, one-story, wood -framed single-family residence. The Property is currently occupied by Star Nursery. If this is not accurate, or if you have additional useful information, please inform us as soon as possible. PHASE I ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES The objective of a Phase I ESA is to identify potential environmental liabilities or risks associated with a specific piece of real estate referred to as recognized environmental conditions', as outlined in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Assessment Process (ASTM E1527-13). Risks commonly evaluated during a Phase I ESA include: ■ The potential for the presence of contaminated soil and/or groundwater. ■ The potential for on -Property migration of contaminants from off -Property sources. ■ The potential for off -Property migration of on -Property contaminants by air emissions, groundwater, and other media. Technical Approach In accordance with ASTM E1527-13, which was developed by ASTM to provide a standardized method of conducting Phase I ESAs, SoundEarth's work on this project will consist of several elements: 'Recognized Environmental Conditions are defined by ASTM E1527-13 as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." The term includes hazardous substances or petroleum products even under conditions of compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." _ �cti �uru�� t n l� a .. ri �� t ,� ri.��yral, vn; ...;JU!i,10.'rIt!I'll" sill � }.�ut_f�'�i3.�,hr, j IZl-td�, _ �(fl �.yh., jhi :"M q {. 321 City of Tukwila October 17, 2017 ■ Review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the Property and adjoining properties back to 1940 or when the Property was initially developed, whichever is earlier. This will include interviews with persons having some knowledge of current and past use of the Property; review of historical aerial photographs and topographic maps of the Property and surrounding area; review of city directories, Sanborn Fire Insurance Maps, county assessor's records, building department records, and information at various local agencies, as available. Prior environmental reports, permits and registrations, geotechnical reports, Property title search information, and environmental lien information will be reviewed if provided by the client. ■ Review of current state and federal databases that list the registered sites with known or potential releases of toxic substances within a 0.5- to 1 -mile radius from the Property. ■ Reconnaissance of the Property and vicinity to observe current Property conditions and practices. The Property reconnaissance provides an opportunity to search for evidence of possible contamination in the form of soil discoloration, odors, vegetative stress, discarded drums, discarded industrial debris, building construction materials, underground storage tanks, etc. ■ Preparation of a written report documenting our methods and findings, including Property photographs, a map showing the locations of the Property and potential sources of contamination within a 1 -mile radius, a Property plan, and copies of supporting documents. Additional Services Not Included The following services, although not specifically required by ASTM E1527-13, may also be performed concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an evaluation of specific business environmental risks at the Property. At your direction, these services have not been included as part of the scope of services for this ESA. Please note that this list is not all- inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. ■ Visual Asbestos Survey ■ Asbestos Survey in Soil ■ Visual Observations for Lead -Based Paint ■ Asbestos Survey (prior to renovation/demolition) ■ Visual Observations for Mold ■ Mold Sampling (bulk or air) ■ Radon Testing ■ Lead -Based Paint Survey ■ Lead in Drinking Water Sampling ■ Wetland Review ■ Threatened/Endangered Species Review SoundEarth Strategies, Inc. Page 1 2 S:\Proposals\1017 Proposal Numbers\PROP-172-59 F554, PW5, and JUNE Properties Phase I & II (CON FIDE NTIAL)\PROP-173-59_F554_F.d- 322 City of Tukwila October 17, 2017 ■ Historic Properties/Archaeological Resources Review ■ Stormwater System Inspections ■ Permit and Regulatory Compliance Audits RELIANCE The report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and SoundEarth. If, in the future, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Master Consulting Services Agreement (and sections of this proposal incorporated therein), the Reliance Letter, and the report. COST ESTIMATE Phase I Environmental Site Assessment....................................................................................... $3,500 The estimated fee listed above includes the reconnaissance time, reporting, travel time, equipment, as well as reimbursable expenses. SoundEarth has assumed one mobilization to the Property. SoundEarth anticipates completion of the Phase I ESA report within 15 business days, assuming written authorization to proceed and Property access are provided within 3 days. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. Sound Earth will not be responsible for delays caused by factors beyond SoundEarth's control and which could not have been reasonably foreseen or prevented. Furthermore, at the request of the client, SoundEarth will observe the Properties and the current uses from vantage points that are accessible to the general public. SoundEarth will not communicate with the current property owners, nor reveal information regarding the identity of the client. All information provided to and generated by SoundEarth will remain confidential. SoundEarth is committed to preserving the environment. Therefore, the client will be provided with a PDF version of the final report. If, however, the client would like hard copies of the report, SounclEarth is happy to provide up to three copies at no charge. Additional copies will be charged to the client at $50 a copy. SclundEarth Strategies, Inc. Page 1 3 5:\Proposals\2017 Proposal Numbers\PROP-172-59 F554, PW5, and 1C7NL Properties Phase I & II ICON FI D ENTIAL)\PROP-172-59 FS54_F.dorx 323 City of Tukwila October 17, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Ryan Bixby, LG President RKB:dnm SoundEarth Strategies, Inc. Page 1 4 5:\Proposals\2017 Proposal Numbers\PROP-172-59 F554, PW5, and 1C7N1- Properties Phase 1& II ICON FIDE NTIAL)\PROP-172-59_F554 F.doex 324 Exhibit B SoundEartli Strategies, Irrc. 2811 Fairview Avenue East, Suite 2000 Seattle, VVashington 9810'2 Sound Strategies October 20, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT JC7NL Property 14845 to 15035 Tukwila International Boulevard, 15006 to 15022 Military Road South, and 3415 South 150th Street Tukwila, Washington Proposal Number: PROP -172-67 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct a Phase II Environmental Site Assessments (ESA) for the JC7NL Property (the Property) listed above. The Property is located at 14845 to 15035 Tukwila International Boulevard, 15006 to 15022 Military Road South, and 3415 South 150th Street in Tukwila, Washington, as shown in Figure 1. Figure 1 depicts a plan view/layout of the Property, which consists of eight irregularly shaped tax parcels (King County Parcel Nos. 004100-0335, 004100-0514, 004100-0515, 004100-0517, 004100- 0480, 004100-0516, 004100-0513, 004100-0494, and 004100-0330 [Parcels A through I, respectively]) that cover a total of approximately 161,914 square feet (3.73 acres) of land in Township 23N/Range 4E/Section 22. BACKGROUND SoundEarth completed a Phase I ESA of eight of the nine parcels in September 2017. King County Tax Parcel No. 004100-0330 was not included in the Phase I ESA. The Phase I ESA identified ten recognized environmental conditions (RECs) for the Property. These included: On -Property RECs ■ The historical operation of a retail gasoline service station on the Property (Parcel D). ■ The historical operation of an automotive repair facility on the Property (Parcel C). ■ The historical use and storage of heating oil on the Property, Multiple on -Property buildings were historically heated by oil -burning furnaces (Buildings 4, 5, 7, 9, and 10 located on Parcels C, E, F, and G). Off -Property RECs ■ The historical operation of a retail gasoline service station was constructed north of the northernmost portion of the Property (Parcel A). ...;,, 7Ci1;;]! ill; tS.,{r �)r,_ l �� t tVi �. ! r.- .,t'• i I ql._ : �tl_ „ u'.� I , 11 "I C. � C;�7 _ ,,, '< .., i I'} � IYi. ._ � I .. � ,. 325 City of Tukwila October 20, 2017 ■ The historical operation of a retail gasoline service station north of Parcel D and southeast of Parcel A. ■ The historical operation of an automotive repair and service station facility northeast of the Property (northeast of Parcel D). ■ The historical operation of a vehicle maintenance garage, welding facility, and print shop north of the Property (Parcel C). ■ The historical operation of a dry cleaner and a cabinet shop on the west -adjoining properties (Building 10 and Building 5, respectively). ■ The historical operation of a retail gasoline service station on the east -adjoining property (east of Parcel D). Two groundwater monitoring wells (MWs) were observed at this location during the Phase I Property reconnaissance. ■ The historical operation of a dry cleaner southwest of the Property (290 feet southwest of Parcel H). The dry cleaning solvent tetrachloroethylene (PCE) has been detected in the soil and groundwater beneath the former dry cleaner site. PCE -contaminated groundwater has migrated off-site to the east, northeast, and southeast. The lateral extent of the PCE plume has not been determined. Although not identified as a REC, the use and storage of heating oil on adjoining properties was identified as an issue of potential environmental concern for the Property. Buildings on the north-, south-, east-, and west -adjoining properties were historically heated by oil -burning furnaces. Heating oil releases are generally limited in nature and extent. Acknowledging the relatively small scale of use and limited mobility of heating oil in the subsurface, the use and storage of heating oil on adjoining properties did not constitute a REC. The purpose of the Phase II ESA is to evaluate potential soil and groundwater impacts associated with the widespread RECs for the Property. The Phase II ESA will be conducted in general accordance with American Society for Testing and Materials E1903-11, Standard Practice for Phase 11 ESAs (ASTM -1903- 11). PHASE II ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES Scope of Services The following scope of work is proposed for the Phase II ESA. Please note that per ASTM -1903-11, all of the RECs identified in a Phase I ESA must be evaluated in order for a Phase II ESA to be considered complete. However SounclEarth recognizes that certain RECs (e.g., the former on -Property gasoline station) present a greater risk of significant impacts than others (e.g., the former use and storage of heating oil) If a more robust or limited investigation of the Property is desired by the client, we would be happy to adiust the scope of work to accommodate your risk tolerances and budget limitations. Task 1, Pre -Field Activities Pre -field activities include the development of a scope of work for the Property, coordination of internal staff and subcontractors, development of a work plan summary, and the development of a site-specific health and safety plan, which is a required and important part of any subsurface investigation. SOUndEarth Strategies, Inc. Page 1 2 5APrnposals\2017 Proposal Numbers\PROP-172-67 JC7NL Property Phase I & II (CON FIDE NTIAL)\PROP-172-67_JC7NL\Proposal Documents\PROP-172-67_JC7NL_F.doa 326 City of Tukwila October 20, 2017 Task 2, Field Activities This task includes the field activities associated with the Phase II ESA at the Property. Field activities include performing a private utility locate and ground penetrating radar survey, drilling and installing 11 push -probe borings and four hollow -stem auger borings, completing the hollow -stem auger borings as groundwater MWs, collecting environmental soil samples from each of the borings, and collecting groundwater samples from each of the four MWs. Four locations for the installation of MWs have been identified in the vicinity or in inferred downgradient hydrologic positions relative to the RECs identified during the Phase I ESA research. Each MW will be drilled up to an anticipated depth of 40 feet below ground surface (bgs). Drilling depths are estimated based on a 2015 Maul Foster Alongi subsurface investigation conducted at the Betty Brite dry cleaner facility at 15247 Pacific Highway South, where groundwater was encountered at depths of 20 to 33 feet bgs. Proposed drilling locations are presented in Figure 1. Soil samples will be collected at the soil/groundwater interface at all four MW locations. Additionally, soil samples will be collected at 10 feet bgs f om boring MW02, and at 5 and 15 feet bgs from boring MW03 to evaluate the potential risk of shallow impacts from on -Property RECs. Each boring will be logged by a professional geologist with soil classified using the Unified Soil Classification System. Soil from each drilling location will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Groundwater is anticipated to be encountered and sampled at all four MW locations. Groundwater samples will be submitted for the following analyses: ■ Gasoline -range petroleum hydrocarbons (GRPH) by Northwest Total Petroleum Hydrocarbon (NWTPH) Method NWTPH-Gx ■ Diesel- and oil -range petroleum hydrocarbons (DRPH and GRPH, respectively) by Method NWTPH-Dx ■ Volatile organic compounds (VOCs), including benzene, toluene, ethylbenzene, and xylenes (BTEX) by U.S. Environmental Protection Agency (EPA) Method 8260C Sampling of soil or groundwater from depths greater than 40 feet bgs is not planned in this scope of work. Soil samples collected from the MWs will be tested for the following analytes: ■ NiW01— GRPH and VOCs (soil sample from the soil/water interface) ■ MW02 — GRPH, DRPH, GRPH, and VOCs (soil samples from 10 feet and from the soil/water interface) ■ MW03 — GRPH, DRPH, GRPH, and VOCs (soil samples from 5 and 15 feet and from the soil/water interface) ■ MW04—GRPH, DRPH, GRPH, and VOCs (soil sample from the soil/water interface) SoundEarth Strategics, Inc. Page 13 5:\Proposals\2017 Proposal Numbers\PROP-172-67 JC7NL Property Phase l& II ICON FIDE NTIAL)\PROP-172-67 JC7NL\Proposa l Documents\PROP-172.67 )C7NL_F.docx 327 City of Tukwila October 20, 2017 Additionally, 11 additional locations will be investigated using a push probe. Push probe borings are not expected to encounter groundwater and will be advanced to 15 feet bgs or refusal, whichever is deeper. Soil from each boring location will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Two discrete soil samples from each of the push -probe locations will be submitted for the following analytes: ■ B01 through B03 — DRPH ■ B04 through B08 — GRPH, DRPH, ORPH, and BTEX ■ B09 and B10—GRPH, DRPH, ORPH, VOCs, and polychlorinated biphenyls (PCBs) ■ 1311—GPRH, DRPH, ORPH, and BTEX Additionally, one of the soil samples from borings B09 and B10 will be analyzed for the presence of PCBs and four composite soil samples collected from the drums of soil cuttings will be submitted for analysis of total metals, including arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver by EPA Methods 200.8/245.1, in order to profile the soil cuttings for future disposal. Soil samples will be placed on ice in laboratory -supplied sample containers and shipped under chain -of -custody protocol to the analytical laboratory for analysis of appropriate chemicals of concern. The field activities associated with the Phase II ESA at the Property are anticipated to take four days to complete and will require one or two field personnel per day. Depending on the results of the investigation, additional follow-up sampling may be required to further define the extent of contamination (if encountered). A scope of work and cost estimate for any additional investigation will be provided based on conditions encountered during the investigation proposed here. SoundEarth assumes that all areas of the Property will be accessible for the GPR survey and drilling activities. The results of the field activities and laboratory analytical results will be provided in the reports described in Task 3. Task 3, Data Evaluation and Reporting The results of the Phase II ESA will be presented in a summary report for the City of Tukwila. The report will include a summary of field activities, logs of the soil borings, logs of MW construction, a site plan showing boring locations, data tables of the soil and groundwater results, and a discussion summarizing the findings and conclusions. Task 4, Project Management and Communication This task includes the project management and communication activities that are essential to the success of achieving client objectives. Project management activities include project coordination, contracting, and client meetings and other communication. Contingency Project contingency allows for conditions that at the project onset are not immediately known, but if present, experience shows will likely result in additional costs. A 10% project contingency has been SclundEarth Strategies, Inc. rage 14 5:\Proposals\2017 Proposal Numbers\PROP-172-671C7NL Property Phase 1 & II (CON FIDENTIAL)\PROP-172-67_1C7 N L\Proposal Documents\PROP-172-67_1C7NL F.doa 328 City of Tukwila October 20, 2017 added for Tasks 1-4 to address these unanticipated conditions, which may include access delays, difficult drilling conditions, etc. If such conditions are not encountered, the contingency will not be necessary; however, including a modest contingency is frequently helpful in avoiding the need for change orders and project delays to address what would otherwise be minor issues. ESTIMATED PROJECT BUDGET The anticipated total for the scope of work is $56,751. The details of the estimated costs are provided in the attached cost estimate (Table 1). The estimated fees include travel time, equipment, subcontractor costs with markup, including laboratory fees, as well as reimbursable expenses. The costs associated with the disposal of soil and water generated during the investigation are not included in this estimate, but can be provided after the results of laboratory testing are provided. SoundEarth proposes to conduct the Phase II ESA investigation on a time and material contractual basis. Our cost estimate will not be exceeded without your written authorization. ASSUMPTIONS Time budgeted for field work assumes that boring locations at the Property will be cleared of obstructions by the client prior to the start of any field work, SounclEarth has full access to the drilling locations, there will be no overhead obstacles at boring locations, and that field work will be completed during normal weekday work hours. Failure to provide access will result in delays, inability to drill at certain locations, and an increase in timing and cost of the investigation. PROJECT SCHEDULE SoundEarth anticipates that the pre -field, soil, and groundwater sampling activities will require approximately 2 weeks to complete from the date we are authorized to proceed, assuming access to the Property can be provided quickly and that drillers are available. Soil and groundwater analytical results will be provided by the laboratory approximately 2 weeks from the date the samples are submitted, and a draft report summarizing our findings and conclusions at the Property will be prepared approximately 3 weeks from the date the laboratory results are received. SoundEarth is available to begin this scope of work as soon as authorized by the client. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will not be responsible for delays caused by factors beyond the consultant's control and which could not have been reasonably foreseen or prevented. RELIANCE The Phase II Environmental Site Assessment report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and Sound Earth. If, in the future, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Consulting Agreement for Site Survey Services (and sections of this proposal incorporated therein), the Reliance Letter, and the report. SoundEarth Strategies, inc. Pale 15 5:\Proposals\2017 Proposal Numbers\PROP-172-671C7NL Properly Phase) & II (CON FIDENTIAL(\PROP- 172.67 1C7 NL\Proposal Documents\PROP-172-67 1C7NL_F.doa lT J City of Tukwila October 20, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Attachments: Figure 1, Proposed Exploration Plan Table 1, Phase II ESA Cost Estimate ASW/RKB:hsb SoundEarth Strategies, Inc. Page 1 6 5:\Proposals\2017 Proposal Numbers\PROP-172-G71C7NL Property Phase l& II (CONFIDE NTIAL)\PROP- 172-67_1C7NL\Proposa l Documents\PROP-172-67 JC7NL_F,docx 330 331 Table I Phase 11 ESA Cost Estimate fr JC7NL PropertyL I If 11 PropertyBoulevard, oole 14845 to 15035 Tukwila International — Id, 5006 to 15022 Military Road South, and 3415 South 150th Street Tukwila, Washington PROP -172-67 Assumptions to Cost Estimate • S—d—h Ilf h n.—I --g h—, th� `222-�- d" S—dE—h Ili b, 11 - ted Client -11 --Id —els agre encs I T- 2 2d y .1 fillb, I— ger dr 11 -ng for on for ng ' • Task 2 push probe work .... — 2 days of Held work at 1l locations to T. I.' feet bgs or refusal. I C- --- doe I — —1,d, disposal f —luill-I de —d .-, M 332 Exhibit C SoundEarlh StrateWies, Inc. 2811 1 akview nvenUe East, Suite 2000 Sound', Seattle. I%iashington 98102 October 30, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE 1/II ENVIRONMENTAL SITE ASSESSMENT PWS Property 11210 and 11234 Tukwila International Boulevard and 11231 East Marginal Way South Tukwila, Washington Proposal Number: PROP -172-66 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct Phase I and Phase II Environmental Site Assessments (ESA) of the property located at the addresses listed above in Tukwila, Washington (the Property). According to the available online assessor's records, the Property consists of five tax parcels (King County Parcel Nos. 092304-9411, 092304-9152, 102304-9059, 092304-9387, and 102304-9056) that cover a total of approximately 13.6 acres. The Property is developed with a 1959 -vintage, one-story, wood -framed warehouse; a 1974 - vintage, one-story, prefabricated steel -framed service repair garage; a 1975 -vintage, one-story, prefabricated steel -framed transit warehouse; a 1975 -vintage, one-story, prefabricated steel -framed storage garage; and a 2002 -vintage, steel -framed manufacturing building. An espresso stand is also located on the western portion of the Property. The Property is currently occupied by a shipping company, George Heiser Body Co., Jet Fuel Espresso, and offices. If this is not accurate, or if you have additional useful information, please inform us as soon as possible. TASK 1, PHASE I ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES The objective of a Phase I ESA is to identify potential environmental liabilities or risks associated with a specific piece of real estate referred to as recognized environmental conditions, as outlined in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase 1 Environmental Assessment Process (ASTM E1527-13). Risks commonly evaluated during a Phase I ESA include: ■ The potential for the presence of contaminated soil and/or groundwater. ■ The potential for on -Property migration of contaminants from off -Property sources. 'Recognized Environmental Conditions are defined by ASTM E1527-13 as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." The term includes hazardous substances or petroleum products even under conditions of compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." i4tA, .,aIIiI1 ,,.7`i (,.,,,.i,'�L.1� 111 I"Al, hIv2i „ ly., do I qh; �. i;l.lff ..,'Il[, �),.-I I . ;.I1.I .:'ii.h fhc� Ii I . 11;1, I , i) , i 333 City of Tukwila October 30, 2017 ■ The potential for off -Property migration of on -Property contaminants by air emissions, groundwater, and other media. Technical Approach In accordance with ASTM E1527-13, which was developed by ASTM to provide a standardized method of conducting Phase I ESAs, SoundEarth's work on this project will consist of several elements: ■ Review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the Property and adjoining properties back to 1940 or when the Property was initially developed, whichever is earlier. This will include interviews with persons having some knowledge of current and past use of the Property; review of historical aerial photographs and topographic maps of the Property and surrounding area; review of city directories, Sanborn Fire Insurance Maps, county assessor's records, building department records, and information at various local agencies, as available. Prior environmental reports, permits and registrations, geotechnical reports, Property title search information, and environmental lien information will be reviewed if provided by the client. ■ Review of current state and federal databases that list the registered sites with known or potential releases of toxic substances within a 0.5- to 1 -mile radius from the Property. ■ Reconnaissance of the Property and vicinity to observe current Property conditions and practices, The Property reconnaissance provides an opportunity to search for evidence of possible contamination in the form of soil discoloration, odors, vegetative stress, discarded drums, discarded industrial debris, building construction materials, underground storage tanks, etc. ■ Preparation of a written report documenting our methods and findings, including Property photographs, a map showing the locations of the Property and potential sources of contamination within a 1 -mile radius, a Property plan, and copies of supporting documents. Additional Services Not Included The following services, although not specifically required by ASTM E1527-13, may also be performed concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an evaluation of specific business environmental risks at the Property. At your direction, these services have not been included as part of the scope of services for this ESA. Please note that this list is not all- inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. ■ Visual Asbestos Survey ■ Asbestos Survey in Soil ■ Visual Observations for Lead -Based Paint ■ Asbestos Survey (prior to renovation/demolition) ■ Visual Observations for Mold ■ Mold Sampling (bulk or air) ■ Radon Testing SoundEarth Strategies, Inc. 5:\Proposals\7017 Proposal Num bers\PROP-177-66 PW5 Ptoperly Phase 1& II (CONFIDENTIAL(\PROP-172-66_PW5_F,docx 334 Page 1 2 City of Tukwila October 30, 2017 ■ Lead -Based Paint Survey ■ Lead in Drinking Water Sampling ■ Wetland Review ■ Threatened/Endangered Species Review ■ Historic Properties/Archaeological Resources Review ■ Stormwater System Inspections ■ Permit and Regulatory Compliance Audits Scheduling and Reporting SoundEarth anticipates completion of the Phase I ESA report within 15 business days, assuming written authorization to proceed is provided within 3 days. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will not be responsible for delays caused by factors beyond SoundEarth's control and which could not have been reasonably foreseen or prevented. Sound Earth has assumed one mobilization to the Property, Furthermore, at the request of the client, SoundEarth will observe the Property and the current uses from vantage points that are accessible to the general public. SounclEarth will not communicate with the current property owners, nor reveal information regarding the identity of the client. All information provided to and generated by Sound Earth will remain confidential. PHASE II ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES At the request of the City of Tukwila, costs for a subsurface investigation to evaluate the current soil and groundwater quality at the Property are included in this proposal. Task 2, Pre -Field Activities Pre -field activities include the development of a scope of work for the Property, coordination of internal staff and subcontractors, development of a work plan summary, and the development of a site-specific health and safety plan. Task 3, Phase II ESA Field Activities Field activities will include conducting public and private utility locates, advancing up to 15 direct -push soil borings, collecting environmental soil samples from each of the borings, and collecting environmental groundwater samples from each of the borings, if applicable. Prior to drilling activities, a private utility locate will be performed in order to clear the proposed boring locations of any underground features or utilities on the Property that are not identified by the public one -call locate. Drilling activities include advancing approximately 15 direct -push soil borings in suspect areas or in the inferred downgradient hydrologic position of suspect areas, as identified during the Phase I ESA research. Each boring will be advanced to a maximum depth of 15 feet below ground surface (bgs). Soil samples will be collected at 4- to 5 -foot depth intervals. Each boring will be logged by a professional geologist with soil classified using the Unified Soil Classification System. Soil from each boring will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will SoundEarth Strategies, Inc. Page 13 5:\Proposals\2017 Propose l Num be rs\PROP-172-66 PW5 Property Phase l&11 (CONFIDE NTIAL)\PROP-172-66 PW5_F.doa 335 City of Tukwila October 30, 2017 be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Approximately two samples from each soil boring will be submitted for one or more of the following analyses: ■ Gasoline -range petroleum hydrocarbons (GRPH) by Northwest Total Petroleum Hydrocarbon (NWTPH) Method NWTPH-Gx ■ Diesel -range petroleum hydrocarbons (DRPH) and oil -range petroleum hydrocarbons (ORPH) by Method NWTPH-Dx ■ Full volatile suite (VOCs) by U.S. Environmental Protection Agency (EPA) Method 8260C ■ Washington State Model Toxics Control Act (MTCA) 5 metals (arsenic, cadmium, chromium, lead, and mercury) by EPA Method 200.8 Additional analyses may be added based on the findings of the Phase I ESA research. Soil samples will be placed on ice in laboratory -supplied sample containers and shipped under chain -of - custody protocol to the analytical laboratory for analysis of appropriate chemicals of concern. If groundwater is encountered in the soil borings, reconnaissance groundwater samples will be collected from each of the 15 borings. Reconnaissance groundwater samples will be submitted for one or more of the following analyses: ■ GRPH by Method NWTPH-Gx ■ DRPH and ORPH by Method NWTPH-Dx ■ VOCs by EPA Method 8260C ■ MTCA 5 metals by EPA Method 200.8 Sampling of soil and groundwater from depths greater than 15 feet bgs is not envisioned in this scope of work. The field activities associated with the Phase II ESA at the Property, including the private utility locate, drilling, and soil and groundwater sampling, are anticipated to take 2 days to complete. Depending on the results of the investigation, additional follow-up sampling may be required to further define the extent of contamination (if encountered). SounclEarth assumes that all areas of the properties will be accessible during the assessments. The results of the field activities and laboratory analytical results will be provided in the reports described in Task 4. Costs for profiling and disposal of investigation -derived waste are not included in this proposal and cost estimate. Task 4, Data Evaluation, Tabulation, and Reporting Following completion of the soil and groundwater sampling activities and receipt of the laboratory analytical results, a summary letter will be prepared and will include the following: Sound1Earth Strategies, Inc. Page 1 4 5:\Proposals\2017 Prop osa l Numbers\PROP-172-66 PW5 Property Phase l& 11 (CONFIDE NTIAQ\PROP-172-66 PW5_F.dou 336 City of Tukwila October 30, 2017 ■ A description of subsurface conditions encountered during the subsurface investigation, including detailed soil boring logs and a site and exploration plan. ■ Tabulated analytical results with comparisons to applicable state cleanup levels, and discussion of results and potential environmental liabilities or concerns associated with the Property. Task 5, Project Management This task includes the project management activities that are essential to the success of achieving client objectives. Project management activities include project coordination, contracting, and client meetings and other communication. Schedule SoundEarth is available to begin this scope of work as soon as authorized by the client, The standard Phase I ESA report preparation is about 2 to 3 weeks, but may be expedited since the Ecology files have already been requested. The Phase II ESA will include 2 days in the field, 2 weeks for laboratory analysis, and 2 weeks for reporting. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will proceed with Task 2 activities following identification of any additional recognized environmental conditions during the Phase I ESA (Task 1). SounclEarth will not be responsible for delays caused by factors beyond the consultant's control and which could not have been reasonably foreseen or prevented. RELIANCE The Phase I ESA report and Phase II report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and SounclEarth. If, in the fiture, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Consulting Services Agreement (and sections of this proposal incorporated therein), the Reliance Letter, and the report. ESTIMATED COSTS The estimated total cost to conduct the Phase I ESA and the Phase II ESA described above is $51,686. The costs associated with the disposal of investigation -derived waste are not included in this estimate. The details of the estimated costs are provided in the attached table. SoundEarth proposes to conduct the subsurface investigation on a time and material contractual basis. Our cost estimate will not be exceeded without your written authorization. SounclEarth is committed to preserving the environment. Therefore, the client will be provided with a PDF version of the final report. If, however, the client would like hard copies of the report, SoundEarth is happy to provide up to three copies at no charge. Additional copies will be charged to the client at $50 a co py. SoundEarth Strategies, Inc. Page 1 5 5;\Proposals\3017 Proposal Numbers\PROP-172-66 PW5 Property Phase l& 11 JCONFIOENTIHL)\PROP-172-66 PWS F.doa 337 City of Tukwila October 30, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Ryan Bixby, LG President Attachments: Table 1: Phase I and II Environmental Site Assessment Cost Estimate RKB:dnm/slf 5oundEarth Strategies, Inc. 5:\Proposals\2017 Proposal Numbers\PROP-172-66 PW5 Properly Phase I & II CONFIDE NTIAL)\PROP-172-66_PW5_F.doa 338 Page 1 6 ypg Ph— I and 11 Environmental Sit. A€--- C— Estirrat, PW 11210 and 11234 T,k,ll, Int .... tl,I Sopuml,pv2d and 11231 E.. Marginal Way South I' a C C (1, i T.k,ll- , Washington PROP -172-66 Assumptions to Cost Btirruft,e a SoundEarth will leave access to Ilse properties durin8 no mai working hours. • -1, 2 —u— 2 days pf drilling t, M-- 15 soil b.,im,, 1. 15 f— W.. ground surface. • A flf the provided asathe deliverable W T.k A. I C— -hn- d... - include dfilp—I of —i -d —11, Ta $23,170 $695 $7,659 $20,162 1 $51,686 IM� SoundEarth Labor.Categorl,s, was, and Hours Unor I Projem I to I Enlil ... r/ Enghn..T/ Erigl ... ri S.0 or C Manning Geologist/Geologist/(i Geologist/ l C*GIS d $..lot P,.J. Soun,]Eitth ODCs, SoundEarth '.Task Princij,al Sclaritht Scientist klentist Speciallat I Writer/ Editor Coordinator Clerical SoundEarth Communication Subcontractors, and Laboratory, No. Desalption 7225--7 --TI85— —$0 —$ —$ —$9 $70 Labor F— Flald Equipiniunt 11apa— T.,kTM.1 I Ph— I ESA 3 3 32 4 4 $6,370 $191 $439 $7,000 2 P—Fl,ld Activities 2 6 8 4 2 $2,890 $97 3 Ph— 11 ESA Flak! Acllvltles 2 4 24 $3,870 $116 $7,220 $20,162 $31,368 a Data Evaluation, Tabulation, and Reporting 4 12_ 24 8 4 2 1 57.000 $210 $7,210 5 P'.h. Management 4 1 12 1 1 1 4 1 2 1 S3.040 1 591 1 1 $3,131 Assumptions to Cost Btirruft,e a SoundEarth will leave access to Ilse properties durin8 no mai working hours. • -1, 2 —u— 2 days pf drilling t, M-- 15 soil b.,im,, 1. 15 f— W.. ground surface. • A flf the provided asathe deliverable W T.k A. I C— -hn- d... - include dfilp—I of —i -d —11, Ta $23,170 $695 $7,659 $20,162 1 $51,686 IM� 340 City of Tukwila Contract Number: • �� 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR SITE SURVEY SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Bush Roed & Hitchings, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform survey services for four selected site referred to as the Justice Center Site (JC7NL), Public Works Site (PW), Fire Station 52 Site (FS52), and Fire Station 54 Site (FS54), in connection with the project titled Tukwila Public Safety Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 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 31, 2018 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 Exhibits "A," "B," "C," and "D" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $57,400 (including estimated expenses) 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. 341 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: CA revised : 1-2013 342 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $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. Page 2 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 terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, 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. CA revised : 1-2013 Page 3 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. 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: Thomas Carner, P. L.A. Bush Roed & Hitchings, Inc. 2009 Minor Avenue East, Seattle, WA 98102-3513 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. CA revised : 1-2013 344 Page 4 DATED this day of CITY OF TUKWILA Allan Ekberg, Mayor CA revised : 1-2013 CONSULTANT By: Printed Name: Title: 20 Page 5 ZR 346 Exhibit A BRH Bush Roed & Hitchings, Inc. 1y1►_IV0A►eUI October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site FS52 Parcel no.: 3597000320 Vicinity of 65th Avenue S & Southcenter Blvd. Tukwila, WA 98188 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7bl, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com ZrA AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $5,800. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. i Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable AL T A/NSPS Standards and Washington State law. Z. Exhibit "A" King County Ma The nfamation included on Ibis map has been compled by iGng County stafffrom a variety of sources andis sul act to change without notice. IGng County makes no representations or wawa Mies, express orim p/letl, as to accuracy, completeness, thalness, or rights to the useof such information. This document s not intended for use as a survey product. Kng County stall not be lade for any general. special, ndrect, incidental, or consequential damages inclucing, but not Ihniled to, lost revenues or lost profits reaulirig from the use or misuse of the Information contained on the map. Any sale of the map or infe mation on this map is prohoited except by written pennssion of Kng County, Date: 1 012 412 01 7 Notes. 350 W King County GIS CENTER TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of: _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. _X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 351 AMERICAN LAND I]ILL N5 PS ASSOCIATION 351 the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5. E. iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Page 2 of 3 a � Copyright 2016. All rights reserved. nnacalCAN _—_ LAND I i I LF American Land Title Association andN J(" PS ASSOCIATION National Society of Professional Surveyors r:. af.! u 352 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W., Suite 300S, Washington, D.C. 20036-5828. www.alta.org Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.com/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors nn+r:rslcnN LAND IIrLI: NS PS ASSOCIATION .11 353 BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site FS54 Parcel no.: 1523049263 13916 42nd Avenue S Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com 354 Exhibit B AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $7,900. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 355 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. 356 Exhibit "A" King County Map The information included on this map has been compied by Ion g County staff from a variety of sources and is su lbect to change N Wthout notice. Kng Comdy makes no representations orvananlies, express orim pied, as to accuracy, competeness, time Ihess, 'e King County or rights to the use of such information. This document is not intended for use as a survey product. lung County shall not be lade to,amy gen era!,spacral ,hdrec(incidental, orconsectuentla damages inclucing, but not limitedto, lostreverwes or lost profits GIS CENTER reslufing from the use or r ruse of the inform alon contained on this map. My sale of the map orinfotmaton on this map is prohibited except bywriften permssion of lung County. Date: 10/24/2017 Notes: 357 TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of. - _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 358 Page 1 of 3 e, AMERICAN IANU IIILEA : NS PS ASSOCIAIION the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Page 2 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors ;+W AMERICAN LAND IIfLI NS PS A110CIA1I1IN ;+W 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _ X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www.alta.orq Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.com/ Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 360 Page 3 of 3 ,.. AMERICAN LAND 1111.6 NS P5 ASSOCIADOId BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site JC7NL Parcel no's: 0041000515, 0041000514, 0041000480, 0041000494, 0041000513, 0041000516, 0041000517, 0041000335 & 0041000330 Vicinity of International Blvd & S 150th Street Tukwila, WA 98188 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com Exhibit C 361 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $15,700. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 362 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH. Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. ON Exhibit "A" King Coun The 'nformation included on this map las been compied by lyng County staff from a variety of sources and is su gect to change Wthoutnotice. Kng County makes no representations or vanarrties, express orimpied, sale accuracy, canpsteness,tirneiness, King County or rights to the use of such information. The document's net intended for use as a survey product. King County shall not be fade fa cry generd, special, indract, incidental, orconseWential damages mcludng, but not limitedlo, lostreve.ce or bstprofits GIS CENTER resdting from the use or msuse dM the information contained on this map. y sale of Ins map orinformase nonthis map is prehbited except bywrid. pe'ns'ion of `mg County. Date: 10/24/2017 Notes: 364 LWA TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii. (g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is .desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage ok _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. _X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 Copyright 2016. All rights reserved.AMI RICAN fir' LAND III I.1: American Land Title Association and NS PS A110CIAHON National Society of Professional Surveyors r, the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by `et al." Page 2 of 3 Copyright 2016. All rights reserved.e e� fit AMIi HICAN .� "' LAND 11 ILE American Land Title Association and PS ^' N S SO"ATION National Society of Professional Surveyors f 366 EXHIBIT B 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www. alta.org Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.corn/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 1M 8- AMERICAN LAND II I I. t: NS PS All"CIAI,ON BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site PW5 Parcel no's: 0923049411, 0923049152, 1023049059, 0923049387 & 1023049056 Vicinity of International Blvd & E Marginal Way Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com Exhibit D O AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $28,000. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 30 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 370 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. 371 Exhibit "A" King County Ma �i, lilll I f ' �✓ �� ' t { 111 tcru l� � x,• ,,0x923 0 49 15 2 w '�"�� n t.1��4��I � �lul rl it ,�ki3 Pci The nformadon included on this map has been compied by King County stafffrom a variety of sources and is subject to change vithout notice. Kng County makes ro relxesentabons or vena hires, express o r implied, as to accura cy, completeness, timeliness, or rights to the use of such information. Tins document is rot intended for use as a survey produd. Kng County shall not be lahle far any general, special, ndrect, incidental, or consequential damages treludng, but not limited to, lost revenues or lost profits rest, ting from the use or msuse of the information contained on this map.My sale d this map orinformatian on this map is prohioRed _a rpt b/ written perrrission of King County. Dale: 10/24/2017 Notes: 372 LQ King County GIS CENTER EXHIBIT B TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: T. e twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of., _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. X_ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 P `'n Copyright 2016. All rights reserved. V AMERICAN LAND 1111.1: American Land Title Association and NS PS A1SOCIA(loN National Society of Professional Surveyors 373 WAC : the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 374 Page 2 of 3 ICAN AN L,ANI I I Lli LD NSPS AS50CINION 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. IT _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www. alta. orq Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015, National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us. com/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 375 AMERICAN LAND I I I L1. N5 PS A SOCIA ON r-- 375 376 City of Tukwila Contract Number: • ' , 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR GEOTECHNICAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Shannon & Wilson, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Proiect Designation. The Consultant is retained by the City to perform geotechnical evaluation services for two selected sites referred to as the Justice Center Site (JC7NL), and Public Works Site (PW), in connection with the project titled Tukwila Public Safety Plan. 2. Scope of Services. The Consultant agrees to perform the services, including the provision of all labor, materials, equipment and supplies. The services would be performed in two phases. Phase 1, a preliminary geotechnical evaluation, identified on Exhibit "A," and Phase 2, a more detailed "feasibility" geotechnical evaluation, identified in Exhibit "B." Phase shall services may be initiated only by written request of the City. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 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 March 31, 2018 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 "A" and Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000 (including estimated expenses) 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. 377 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: CA revised : 1-2013 378 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $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. Page 2 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 terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, 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. CA revised : 1-2013 Page 3 379 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. 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: Martin Page, Vice President Shannon & Wilson, Inc. 400 N. 34th Street, STE 100 Seattle, WA 98103 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. CA revised : 1-2013 DATED this day of 20 CITY OF TUKWILA Allan Ekberg, Mayor CA revised : 1-2013 CONSULTANT By: Printed Name: Title: Page 5 381 SHANNON k. -Fo"! �1� ;u0t ( GFi ,;ir�,i.� e)Ni) E I�VIf<)�d ,.- N IAL C''"NS(u1(JAIi? November 7, 2017 Ms. Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 RE: PROPOSAL FOR PRELIMINARY GEOTECHNICAL REVIEW FOR DUE DILIGENCE STUDY, CITY OF TUKWILA PROPERTY ACQUISITION, WASHINGTON Dear Carrie: This letter presents our scope of services and cost estimate for performing geotechnical data review, site reconnaissance, and conceptual geotechnical evaluation to develop preliminary recommendations to aid the City of Tukwila in evaluating two properties for future development as City -owned facilities. Our proposal is based on our discussions with you and our understanding of the two properties. One property is located on Tukwila International Blvd. at So. 150t" Street and is identified by the following King County parcel numbers 0041000515, 0041000514,0041000480,0041000494,0041000513,0041000516,0041000517,0041000335, and 0041000330. The second property is located on Tukwila International Blvd. adjacent to So. I I2t" Street and is identified by the following King County parcel numbers 0923049411, 0923049152, 1023049059, 0923049387, and 1023049056. Our services for the project will include the following: ■ Review geologic maps and existing geotechnical subsurface data, ■ Visit the subject properties to perform a reconnaissance and visual evaluation, ■ Provide and assessment of geotechnical design issues and geologic hazards, ■ Provide preliminary conceptual recommendations regarding design of foundations for future structures, and ■ Prepare a letter that summarizes our findings and recommendations. We are prepared to undertake the services described above on a time -and -expense basis in accordance with the enclosed Standard General Terms and Conditions. The total cost of our services is estimated to be $3,000. .grin MOR 1`� f 34 1 Sl I- T SU11, E 00 (,'X. 3' )"M3 206-632 8200 FAK 2:tr vg G777 ikI a 1.^. 0 f 1 N1; 1s 0.' 1. C o 1 21-2-65115-001 Ms. Carrie Holmes Axis Planning & Development, LLC November 7, 2017 Page 2 of 3 FA,4ANNON b, WILSON, INC. We anticipate we can complete these services within two weeks of receiving your notice to proceed. CLOSURE If this proposal is acceptable, please sign in the space provided below and return a signed copy of this proposal to serve as our contract. Alternatively, we will accept a Professional Services Agreement from the City of Tukwila and a Task Order to serve as a contract. Our report will be prepared on behalf of and for the exclusive use of the Axis Planning & Development, LCC and City of Tukwila and its design representatives. The scope of our services does not include any environmental assessment or evaluation regarding the presence or absence of wetlands, or hazardous or toxic materials in the soil, surface water, groundwater, or air on or below or around this site. However, if these conditions are suspected, Shannon & Wilson maintains a staff of engineers, geologists, and hydrogeologists that are qualified and experienced in the wetlands and hazardous waste fields. We are available to discuss these services if they are necessary. Additional general information is provided in the enclosed "Important Information About Your Geotechnical/Environmental Proposal." We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact me at (206) 695-6875 or NPX 1'(ir,,shanyvil.coin if you have any questions, Sincerely, SHANNON & WILSON, INC. Martin W. Page, PE, LEG Vice President Geotechnical Engineer MWP:KAP/mwp Enc: Standard General Terms and Conditions, SEA -SM -2017 (1/2017) Important Information About Your Geotechnical/Environmental Proposal 21-2-65115-001-1,IAvpl1k❑ 21-2-65115-001 m: Ms. Carrie Holmes Axis Planning & Development, LLC November 7, 2017 Page 3 of 3 SHANNON &WILSON, INC. I accept the above conditions and authorize the above work to proceed. (print) Organization 21-2-65 115-001 -L1.docx/wp/1kn - Signature Date 21-2-65115-001 Exhibit B Tuesday, November 7, 2017 at 9:11:44 PM Pacific Standard Time Subject: RE: Tukwila Property Acquisition_ Geotechnical Services Proposal Date: Tuesday, November 7, 2017 at 3:25:05 PM Pacific Standard Time From: Martin Page To: DJ Baxter CC: Kathryn Petek Hi DJ As I mentioned on the phone a moment ago, the scope and fee for a design -phase geotechnical study will depend on the building dimensions, depth of excavation, location, etc. Typical costs for geotechnical engineering reports for these projects would probably be as follows: 1. Justice Center Site ( Glacial till site) a. Subsurface borings with well installation (subcontract) - $4K to 6K [Note that these borings would be relatively shallow ] b. Field logging and coordination $1k to $2K c. Laboratory testing $1K d. Engineering and Report Preparation - $4K to $5K Public Works Site (Duwamish River alluvium/bedrock site) a. Subsurface borings with well installation (subcontract) - $8K to 10K [Note that these brings would be relatively deep because this site is underlain by thick deposits of soft alluvial sediments and bedrock at depth, based on nearby Shannon & Wilson borings done for Sound Transit] b. Field logging and coordination $2k to $3K c. Laboratory testing $2K d. Engineering and Report Preparation - $6K to $8K I hope that helps with preliminary budgeting Best regards -Martin From: Martin Page Sent: Tuesday, November 07, 2017 2:12 PM To: DJ Baxter <baxter@sojpdx.com> Cc: Kathryn Petek <KAP@shanwil.com> Subject: RE: Tukwila Property Acquisition_ Geotechnical Services Proposal Hi DJ Can you give me a call to talk about specific scope of service? -Martin SHMNON 6WILS N, INC. Martin Page, PE, LEG Vice President / Direct: (206) 695-6875 Page 1 of 2 385