HomeMy WebLinkAbout17-218 - Shannon & Wilson - Public Safety Plan: Geo-Technical Consulting ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number
17-218(d)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment No. 4
Between the City of Tukwila and Shannon & Wilson.
That portion of Contract No. 17-218 between the City of Tukwila and Shannon & Wilson is
hereby amended as follows:
Section 1 Proiect De nation: The Consultant is retained by the City to perform
Geotechnical Construction Services in connection with the project titled Tukwila Public Safety
Plan, Justice Center site.
Section 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.
Section 4 Payment: The Consultant shall be paid by the City for co pleted work and for
services rendered under this Agreement as follows:
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
$105,208 (including estimated expenses) without express written modification of the
Agreement signed by the City. The total amount for this amendment is $35, 428 ($20,428 +
$15,000)
All other provisions of the contract shall remain in full force and effect.
Dated this day of 0Oc-r
Allan Ekberg, Mayor
, 2019
Printed Name: Martin Page, Vice President
CA Revised December 2016
Page
EXHIBIT A
Ism' II SHANNON 6W1LSON
GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS
September 9, 2019
Mr. Ethan Bemau
Shiels Obletz Johnsen
101 Yesler Way, Suite 606
Seattle, WA 98101
RE: BUDGET AMENDMENT FOR GEOTECHNICAL CONSTRUCTION OBSERVATION
SERVICES, CITY OF TUKWILA JUSTICE CENTER PROJECT, TUKWILA, WASHINGTON
Dear Ethan:
This letter presents our request for additional geotechnical construction observation services
for the City of Tukwila justice Center Project. We h ve been working with the design team
on peLinitting (plans review) and providing geotechnical construction observation for the
project since February 2019. The number and duration of site visits required by the project
has exceeded our original estimate and, therefore, we have exhausted our authorized
budget for construction observation.
Our currently authorized remaining budget for construction is $31,175. The attached invoice
for $31,033.42 covers the cost of our services up through June 17, 2019. Our unbilled services
between June 17th and September 71h are approximately $20,428.
Based on the discussions with BN Builders, our services at the project site will likely be
required on a part-time, on -call basis through the end of construction in September 2020. We
estimate that our fees from now through the end of construction will be approximately $15,000.
Thus, we currently have a projected budget shortage of approximately $$35,428. This does not
include the remaining unused Public Works budget amount of $8,481.70,
We would appreciate it if you could provide a contract amendment to cover the additional
services. Please me at (206) 695-6875 with any questions or concerns.
Sincerely,
Martin Page, PE, LEG/Vice President
Geotechnical Engineer
Enclosure: Invoice 110357
400 North 34th Street • Suite 00 111 PO Box 300303 • Seattle, Washington 98103 IN 206 632-8020 im Fax 206 95-6777
TTY 1 800 833 6388 • www.shannonwilson.com
Invoice Payment Review
Tukwila Public Safety Program
Overall: S69,780
Project: X Justice Ctr City Shops nFS 51
n FS 52
Firm: Shannon & Wilson, Inc.
Date: 9/18/2019
nFS 54
CONTRACT # :17-218 Invoice # :
This Request ($):
$31,033.42
Balance Remaining ($):
$8,101.71
110357
Previous to Date:
Pay Requested by:
$30,644.87
Reviewed by (PM):
Comments:
GL Code: Geotechnical Investigations
Invoice Fee Breakdown
This Period
Justice Center $ 31,033.42 $
FS 54 $
City Shops $
TOTAL
Previous Remaining
25,704.95 $ 141.63
4,939.92
31,033.42 $ 30,644.87
7,960.08
8,101.71
Approved by (Proj. Director):
Comments:
Date:
Date:
Budget Account Code:
=IIISHANNON &WILSON, INC
Geotechnical and Environmental Consultants
Seattle, Washington
400 N 34th Street, Suite 100. Seattle, WA 98103
Fed. ID 91-0745357 Tel (206) 632-8020 Fax (206) 695-6777 PO Box 300303, Seattle, WA 98103
Attention: IVA SARNOVA
CITY OF TUKWILA
C/O SHIELS OBLETZ JOHNSEN
SUITE 606
101 YESLER WAY
SEATTLE, WA 98104
United States
For Professional Services Rendered Through 6/17/2019
Your Project: CONTRACT NO.:17-218
GEOTECHNICAL ENGINEERING SERVICES
PUBLIC SAFETY PLAN / PROPERTY ACQUISITION
TUKWILA, KING COUNTY, WASHINGTON
JUSTICE CENTER
PA: 91630501.2000.100
GL: 305.98.594.210.62.00
Email Invoices to (no hard copy):
Iva Sarnova (ivad@sojsea.com)
Encl: Billing Detail (By Phase)
Subcontractor Invoice Copy
001 - JC - DUE DILIGENCE REVIEWc
004 - JC - DESIGN PHASEc
005 - JC - INFILTRATION TESTING
006 - JC Construction Phase
Multiplier Labor
Expenses
Total Expense
30,676.23
357.19
357.19
Please remit to:
Invoice : 110357
Invoice Date : 8/31/2019
Project : 21130071
Project Name: TUKWILA PROPERTY ACQUISITION
Bill Term : 01
Billin.....................................................................................WWWWWWWWWW.
1,460.57 1,460.57 Current
To Date Previous
13,133.86 13,133.86 1 0.00
11,110.52 11,110.52 " 0.00
31,033.42 0.00 I 31,033.42
Project: 21130071 - TUKWILA PROPERTY ACQUISITION Invoice: 110357
Total Fee :
To Date Billings :
Total Remaining :
56,880.00
56,738.37
141.63
Current Billings
Amount Due This Bill
31,033.42
31,033.42
Project: 21130071- TUKWILA PROPERTY ACQUISITION
Invoice: 110357
4.70 V
Total 11-Professional IV 62.00
006 - JC Construction Phase
Multiplier Labor
Class / Employee
04-Vice President
MARTIN W. PAGE
Total 04-Vice President
11-Professional IV
ANDREW TANGSOMBATVISIT 5/14/2019 10.00 38.94 3.3000 1,285.02
BRENDAN W. CIOTO
Date
Hours
Cost Rate Multiplier Amount
4/23/2019 0.50 67.79 3.3000 111.85
4/24/2019 2.00 67.79 3.3000 447.41
5/7/2019 0.50 67.79 3.3000 111.85
5/8/2019 0.20 67.79 3.3000 44.74
6/4/2019 1.00 67.79 3.3000 223.71
6/5/2019 0.50 67.79 3.3000 111.85
1,051.41 "'
2/20/2019 2.00 39.42 3.3000 260.17
2/21/2019 1.50 39.42 3.3000 195.13
2/22/2019 1.00 39.42 3.3000 130.09
2/23/2019 2.50 39.42 3.3000 325.22
2/24/2019 2.00 39.42 3.3000 260.17
2/25/2019 1.00 39.42 3.3000 130.09
4/22/2019 3.50 39.42 3.3000 455.30
4/24/2019 3.00 39.42 3.3000 390.26
4/26/2019 2.00 39.42 3.3000 260.17
4/30/2019 1.00 39.42 3.3000 130.09
5/1/2019 0.50 39.42 3.3000 65.04
5/6/2019 1.00 39.42 3.3000 130.09
5/7/2019 1.50 39.42 3.3000 195.13
5/8/2019 0.50 39.42 3.3000 65.04
5/21/2019 1.00 39.42 3.3000 130.09
5/22/2019 3.00 39.42 3.3000 390.26
5/24/2019 5.00 39.42 3.3000 650.43
5/28/2019 4.00 39.42 3.3000 520.34
5/29/2019 2.50 39.42 3.3000 325.22
5/30/2019 2.00 39.42 3.3000 260.17
5/31/2019 1.00 39.42 3.3000 130.09
6/3/2019 1.00 39.42 3.3000 130.09
6/4/2019 1.00 39.42 3.3000 130.09
6/5/2019 1.00 39.42 3.3000 130.09
6/6/2019 1.00 39.42 3.3000 130.09
6/7/2019 1.00 39.42 3.3000 130.09
6/10/2019 1.00 39.42 3.3000 130.09
6/11/2019 1.00 39.42 3.3000 130.09
6/12/2019 0.50 39.42 3.3000 65.04
6/13/2019 1.00 39.42 3.3000 130.09
6/14/2019 1.00 39.42 3.3000 130.09
6/17/2019 1.00 39.42 3.3000 130.09
8,049.55 /
Page: 1
Project: 21130071 - TUKWILA PROPERTY ACQUISITION
Invoice: 110357
006 - JC Construction Phase
Multiplier Labor
Class / Employee
13-Professional II
Katazyna M Park
Kevin William Szubrych
Total 13-Professional II
14-Profession& I
Mashayla Angalique Combs
Travis M Gallatin
Date
Hours Cost Rate Multiplier Amount
5/6/2019 4.50 26.44 3.3000 392.63
5/10/2019 5.00 26.44 3.3000 436.26
5/13/2019 1.50 26.44 3.3000 130.88
5/15/2019 9.00 26.44 3.3000 785.27
5/16/2019 1.00 26.44 3.3000 87.25
5/21/2019 1.00 32.21 3.3000 106.29
5/22/2019 10.00 32.21 3.3000 1,062.93
5/23/2019 10.00 32.21 3.3000 1,062.93
5/24/2019 5.50 32.21 3.3000 584.61
5/28/2019 10.00 32.21 3.3000 1,062.93
5/29/2019 10.00 32.21 3.3000 1,062.93
5/30/2019 10.00 32.21 3.3000 1,062.93
5/31/2019 10.00 32.21 3.3000 1,062.93
6/3/2019 9.00 32.21 3.3000 956.64
6/4/2019 9.50 32.21 3.3000 1,009.78
6/5/2019 9.00 32.21 3.3000 956.64
6/6/2019 4.00 32.21 3.3000 425.17
6/7/2019 9.00 32.21 3.3000 956.64
6/10/2019 9.00 32.21 3.3000 956.64
6/11/2019 4.50 32.21 3.3000 478.32
6/13/2019 8.00 32.21 3.3000 850.34
6/14/2019 4.50 32.21 3.3000 478.32
154.00 15,969.26 ,,
5/7/2019 5.00 27.88 3.3000 460.02
5/13/2019 1.00 27.88 3.3000 92.00
2/25/2019 0.70 23.56 3.3000 54.42
4/22/2019 3.00 23.56 3.3000 233.24
4/23/2019 5.90 23.56 3.3000 458.71
4/24/2019 1.80 23.56 3.3000 139.95
4/25/2019 7.70 23.56 3.3000 598.66
4/26/2019 3.30 23.56 3.3000 256.57
4/29/2019 3.50 23.56 3.3000 272.12
4/30/2019 1.70 23.56 3.3000 132.17
5/1/2019 4.80 23.56 3.3000 373.19
5/2/2019 5.40 23.56 3.3000 419.84
5/6/2019 5.80 23.56 3.3000 450.94
5/7/2019 6.00 23.56 3.3000 466.49
5/22/2019 0.50 23.56 3.3000 38.87
5/23/2019 4.00 23.56 3.3000 310.99
5/28/2019 2.00 23.56 3.3000 155.50
Page: 2
Project: 21130071 - TUKWILA PROPERTY ACQUISITION Invoice: 110357
006 - JC Construction Phase
Multiplier Labor
Coss/ Employee Dote Hours Cost Rote Multiplier Amount
62.10 ,,f 4,913.68
Total 14-Professional I
18-Technical Services III
JUSTIN J. MORROW
Total 18-Technical Services III
23-Senior Office Services
LORI K. NELSON
Expenses
Account / Vendor
DC - Travel &Subsistance
Kevin William Szubrych
Total Kevin William Szubrych
Travis M Gallatin
Total DC - Travel & Subsistance
Total Bill Task: 006 - JC Construction Phase
5/21/2019 8.50 21.15 3.3000 593.26
5/23/2019 1.00 21.15 3.3000 69.80
9.50 / 663.06 41
2/25/2019 0.30 29.57 3.3000 29.27 ,
Total Multiplier Labor 30,676.23 re/
Doc Number
Dote Cost
Multiplier Amount
VO0000029137 5/28/2019 55.68 ✓ 1.1500 64.03
VO0000029485 6/3/2019 78.88 1.1500 90.71
VO0000030085 6/11/2019 94.54 1.1500 108.72
229.10 263.46 V
VO0000027612 4/29/2019 81.50 I 1.1500 93.73 /
310.60 357.19
Total Expenses 357.19 /
31,033.42
Total Project: 21130071 - TUKWILA PROPERTY ACQUISITION 31,033.42
Page: 3
EXPENSE REPORT (project -billable expenses only)
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EMPLOYEE NAME: Travis G
PROJECT NAME: Tukwila Justice Center
EMPLOYEE NUMBER: 10039
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 17-218
CONTRACT FOR SERVICES
Amendment No. 3
Between the City of Tukwila and Shannon & Wilson.
That portion of Contract No. 17-218 between the City of Tukwila and Shannon & Wilson is
hereby amended as follows:
Section 1 Project Designation: The Consultant is retained by the City to perform
Geotechnical Construction Services in connection with the project titled Tukwila Public Safety
Plan, Justice Center site.
Section 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.
Section 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, 2020,
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
duration of the contract is now through December 31, 2020, unless modified by supplemental
agreement.
Section 4 Payment: The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
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
$69,780 (including estimated expenses) without express written modification of the
Agreement signed by the City. The total amount of this amendment is $21.080.00.
All other provisions of the contract shall remain in full force and effect.
day of .._ ,,��, w .............. 2019
Dated this
Allan Ekberg, Mayor,..... ...
ATTEST/AUTHENTICATED
Christy O'FlS erty, MMC, City Clerk
Printed Name: Martin Page, Vice President
APPROVED AS TO FORM
Office of the City Attorney
CA Revised December 2016
Page 1 of 1
flj SHANNON &WILSON
GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS
February 14, 2019
Mr. Ethan Bernau
Shiels Obletz Johnsen
101 Yesler Way, Suite 606
Seattle, WA 98101
RE: PROPOSAL FOR GEOTECHNICAL CONSTRUCTION OBSERVATION SERVICES,
CITY OF TUKWILA JUSTICE CENTER PROJECT, TUKWILA, WASI-IINGTON
Dear Ethan:
We understand that the City of Tukwila Justice Center Project will be starting construction
this spring. This letter presents our proposed scope of services and fees to provide the
following services:
Provide additional geotechnical recommendations for temporary shoring
Construction document review
Construction observation
Project management and field supervision
The following sections provide a summary of our recommended scope of services. Our
estimate is based on our conversations with Shiels Obletz Johnsen (SOJ) and a preliminary
schedule from BNBuilders.
PROPOSED SCOPE OF SERVICES
The following sections provide our recommended scope of services based on the review of
the project schedule and our understanding of the project elements.
Task 1 - Additional Geotechnical Recommendations for
Temporary Shoring
Our first task will be to provide additional geotechnical recommendations for shoring as
needed for the project. We understand that shoring may be needed for the excavation of the
contaminated soils on the site. Our geotechnical recommendations will include shoring
alternatives, lateral earth pressure recommendations, and construction considerations.
Design of the shoring system will be provided by others.
400 North 34th Street • Suite 100 • PO Box 300303 • Seattle, Washington 98103 • 206 632-8020 • Fax 206 695-6777
TTY 1 800 833 6388 • www.shannonwilson.com
Mr. Ethan Bernau
Shhiels Obletz Johnsen
February 14, 2019
Page 2 of 4
Deliverables
=111 SHANNON &WILSON
The deliverables for Task 1 will include the following:
• A letter summarizing our additional recommendations. This letter will include:
- A summary of shoring alternatives
- Lateral earth pressure diagrams
- Shoring construction considerations
Estimated Fee
We are prepared to undertake this task and the services described above on a time -and -
materials basis for a fee of $4,520. Our fee estimate for this task is detailed in the enclosed
Table 1.
Schedule
At this time, we are under the assumption that SOJ and BNBuilders would like to begin this
work immediately. We are prepared to begin this work within one week of receiving a
notice to proceed on the project.
Assumptions
For this task, we assume the following:
• The design team will provide us with approximate locations and depths of shoring.
• The shoring contractor will hire a shoring wall designer.
Task 2 - Construction Document Review
During this phase, we will review documents (e.g., drawings, specifications, calculations,
etc.) as needed. We will review geotechnical and hydrogeological components of the design
to make sure they are in accordance with our recommendations.
Deliverables
Our deliverables for Task 2 will include the following:
• Responses via letter or email to SOJ and design team as needed with comments
regarding design documents.
• A review letter present our opinions on final design documents.
2i -2-6 r5- C L.G:iGUwC;
21-2-65115-001
Mr. Ethan Bernau
Shhiels Obletz Johnsen
February 14, 2019
Page 3 of 4
Estimated Fee
WSHANNON bWILSON
We are prepared to undertake this task and the services described above on a time and
materials basis for a fee of $2,500. Our fee estimate for this task is detailed in the enclosed
Table 1.
Task 3 - Construction Observation
We will provide construction observation for geotechnical and hydrogeological aspects of
construction. We will observe:
• Footing subgrade and slab subgrade
• Backfill and compaction
Stormwater vault construction
Installation of subsurface drainage
• Pavement subgrade
Contaminated soil excavation and shoring installation
During the construction phase of the project, we will also provide project management and
field supervision. Our services will include:
Making visits to the site to review unusual conditions
• Performing compaction laboratory testing on potential fills soils
• Attending meetings
• Reviewing field reports
a Providing additional geotechnical recommendations as needed
We will also provide additional laboratory compaction testing as needed for fill materials.
Deliverables
Our deliverables for Task 3 will include the following:
e Field Activity Reports documenting the geotechnical and hydrogeological activities
happening on site during our visit and providing additional recommendations to the
owner if needed.
21-2-65115-001
Mr. Ethan Bernau
Shhiels Obletz Johnsen
February 14, 2019
Page 4 of 4
Estimated Fee
=1II SHANNON &WILSON
We are prepared to undertake this task and the services described above on a time and
materials basis for a fee of $24,060. Our fee estimate for this task is detailed in the enclosed
Table 1.
Schedule
We understand that the project will start construction this spring and continue throughout
the summer.
Assumptions
For this task, we assume the following:
Our field personnel maybe required on a full-time or part-time basis.
The contractor will be responsible for notifying us when we need to be onsite. We
would appreciate a 24-hour advance notice for site visits.
CLOSURE
Shannon & Wilson has prepared the enclosed "Important Information About Your
Geotechnical/Environmental Proposal" to assist you and others in understanding the use
and limitations of our proposals.
If this proposal is acceptable to you, please provide an amendment to our existing contract
with the City of Tukwila.
We are pleased to have the opportunity to assist you with this project. Please me at
(206) 695-6735 with any questions or concerns.
Sincerely,
SHANNON & WILSON
r. i_2019.02.14
14:59:23-08'00'
Brendan W. Cioto, PE
Geotechnical Engineer
BWC:MWP/mwp
Enc: Table 1 — Cost Estimate
L'',:_,_ ; ,p, <n
21-2-65115-001
Table 1 - Cost Estimate
Task N
1
Task:,_
Additional Geotechnical Recommendations
Principal -in- Project Field
Charge Manager : Engineer
250 : . 120 $ 1
City of Tukwila
J islice Center Project
Geo'fechnic al Construction Observation Services
Geotechnical Analyses
2
16
Prepare Geotechnical Letter
8
18 $ 2,420
14 $ 2,100
$ 4,520 Task 1 Total
Construction Document Review
Review of Documents
10
11 $ 1,450
Prepare Plans Review Letter
4 1
7 $ 1,050
$ 2,500 Task 2 Total
3 Construction Observation and Project Management
Footing Subgrade and Slab Subgrade
10 20
30 $ 3,200
Back Filling and Compaction
6 30 36 $ 3,720
Stormwater Vault Construction
6 30 36 $ 3,720
Installation of Subsurface Drainage
1 5 6 $ 620
Pavement Subgrade
Contaminated Soil Excavation and Shoring Installation
3 10 13 $ 1,360
15 30 45 $ 4,800
Geotechnical Recommendations and Project Management 8 22 $ 4,640
Direct Cost - Mileage and Equipment
Direct Cost - Laboratory Testing
$ 1,000
$ 1,000
$ 24,060 Task Total
Total Hours
17 101 125 3 216
2.1-2-6 51 5-001
$ 31,080 Total Project Cost
/-^
°
v�x
��t� �
��o�� Tukwila
620OSouthomntorBoulevard, Tukwila VVAAD1OO
Agreement Number: 17-218()
Council vGd N/A
CONTRACT FOR SERVICES
Amnendmmmnt#2
Between the City of Tukwila and Shannon and Wilson, Inc.
That portion Of CODt[@[t NO. 17-218 between the City of Tukwila and ShGDD0D and Wilson
Inc. is hereby amended as follows:
3. Duration of Aqreernent; Time for Performance. This Agreement shall be in full force
and effect for a period oornrn8ndOg upon execution and ending December 31. 2019.
uD|aSS sooner terminated under the provisions hereinafter specified. Work Under this
Agreement shall COOurnenoe Upon written notice by the City to the Consultant to proceed.
The Consultant shall per -form all services and provide all work product required pursuant to
this Agreement nolater than December 31.2O19unless extension ofsuch time isgranted
by writing by the City.
The duration Of the contract is now through December 31. 2019. unless modified by
supplemental agreement.
All other provisions of the contract shall remain in full force and effect.
Dated this
CITY OF TUKWILA
Allan Ekberg, Mayor
day of
ATTEST/AUTH E NT|CATE[}
�
-
Christy � O'Flah�rty, M^Clerk/
CONTRA,
/
Printed Name:
APPROVED ASTOFORM
~
ice of the
City - Attorney�
L
' *r
�
mRevised December 2016
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number. t
17-218(a)
Council Approval 3/19/18
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Shannon & Wilson
That portion of Contract No. 17-218 between the City of Tukwila and Shannon & Wilson is
hereby amended as follows:
1. Project Designation. The Consultant is retained by the City to perform geotechnical
services for the 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, identified on Exhibits
"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 July 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 $48,700 (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 2 (o day of Y &ircha-'_. , 20 1 S
CITY OF TUKWILA
• VtenA Se
61-
t — may or Para Teen pore—
_
ATTEST/AUTHENTICATED
Christy O'FIahert 'MMC, City C erk
CA Revised December 2016
CONSULTANT
Printed Name: /07,41/Z7?4, PAGE
APPROVED AS TO FORM
Office of the City Attorney
O(6/1V' S
Page 1 of 1
hb4 A
DJ Baxter
From: Martin Page <MWP@shanwil.com>
Sent: Friday, February 23, 2018 10:25 AM
To: DJ Baxter
Cc: Brendan Cioto
Subject: RE: Tukwila Due Diligence
Hi DJ
The additional mobilization costs for drilling the remaining soil boring will be approximately $1000 which includes $500
for the driller, $250 for S&W staff and $250 for the utility locate subcontractor.
-Martin
From: D1 Baxter [mailto:baxter@sojsea.com]
Sent: Thursday, February 22, 2018 6:47 PM
To: Martin Page <MWP@shanwil.com>
Cc: Carrie Holmes (choimes@axispnd.com) <cholmes@axispnd.com>
Subject: Tukwila Due Diligence
Hi Martin,
We're doing some contract amendments for our other due diligence contractors, and want to capture any foreseeable
costs (beyond your original scope) in this round of amendments.
Have you had, or do you expect to have, extra costs due to the staggered access to properties on the Justice Center
site? If so, could you estimate those costs for me?
Thanks,
DJ
D.J. Baxter 1 baxter(,soisea.com
101 Yesler Way 1 Suite 606 !Seattle, WA 98104
T 206.838.3700 1 C 801.414.32041 sojsea.com
Shiels Obletz I Johnsen
Project Focused. Community Driven.
1
35
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:17-218
Contract Approval 11/20/17
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.
1 Project 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." Each Phase
shall 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.
/5761 d G%k//rcl, -S
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, to the extent arising out of or resulting from the
negligent or wrongful acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no Tess 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.
CA revised : 1-2013
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; Attornev'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
Page 4
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CITY OF TUKWILA CONSULTANT
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CA revised : 1-2013
Page 5
EXHIBIT A
1
DGEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS
SHANNON &WILSON, INC.
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. 150th 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. 112th 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.
400 NORTH 34TH STREET, SUITE 100
P.O. BOX 300303
SEATTLE, WASHINGTON 98103-8636
206-632-8200 FAX: 206-695-6777
www.shannonwilson.com
21-2-65115-001
Ms. Carrie Holmes
Axis Planning & Development, LLC
November 7, 2017
Page 2 of 3
SHANNON FiWILSON, 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 MWP@shanwil.com 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-LI/wp/Ikn
21-2-65115-001
Ms. Carrie Holmes
Axis Planning & Development, LLC
November 7, 2017
Page 3 of 3
SHANNON 6WILSON. INC.
I accept the above conditions and authorize the above work to proceed.
By Signature
(print)
Date
Organization
21-2-65115-001-LI.docx/wp/Ikn
21-2-65115-001
=II
ISHANNON & WILSON, INC.
Geotechnical and Environmental Consultants
Attachment to and part of our Proposal: 21-2-65115-001
Date:
November 7, 2017
Ms. Carrie Holmes
To: Axis Planning & Development, LLC
Re:
City of Tukwila Property Acquisition, Washington
STANDARD GENERAL TERMS AND CONDITIONS
ARTICLE 1 — SERVICES OF SHANNON & WILSON
Shannon & Wilson's scope of work (Work) shall be limited to those services expressly set forth in its Proposal and is subject to the terms and conditions set
forth herein.
Shannon & Wilson shall procure and maintain all business and professional licenses and registrations necessary to provide its services. Upon Client's request
(and for additional compensation, if not already included in Shannon & Wilson's Proposal), Shannon & Wilson shall assist Client in attempting to obtain, or on
behalf of Client and in Client's name attempt to obtain, those permits and approvals required for the project for which Shannon & Wilson's services are being
rendered.
Client acknowledges, depending on field conditions encountered and subsurface conditions discovered, the number and location of borings, the number and
type of field and laboratory tests, and other similar items, as deemed necessary by Shannon & Wilson in the exercise of due care, may need to be increased or
decreased; if such modifications are approved by Client, Shannon & Wilson's compensation and schedule shall be equitably adjusted.
If conditions actually encountered at the project site differ materially from those represented by Client and/or shown or indicated in the contract documents, or
are of an unusual nature which materially differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the
services provided for in Shannon & Wilson's scope of work, Shannon & Wilson's compensation and schedule shall be equitably adjusted.
Without increasing the scope of work, price, or schedule contained in Shannon & Wilson's Proposal, Shannon & Wilson may employ such subcontractors as
Shannon & Wilson deems necessary to assist in furnishing its services.
If Shannon & Wilson's scope of work is increased or decreased by Client, Shannon & Wilson's compensation and schedule shall be equitably adjusted.
ARTICLE 2 — TIMES FOR RENDERING SERVICES
Shannon & Wilson shall perform its services in accordance with the schedule set forth in its Proposal.
If Shannon & Wilson's Proposal sets forth specific periods of time for rendering services, or specific dates by which services are to be completed, and such
periods of time or dates are extended or delayed through no fault of Shannon & Wilson, Shannon & Wilson's compensation and schedule shall be equitably
adjusted.
If Shannon & Wilson's schedule is increased or decreased by Client, Shannon & Wilson's compensation shall be equitably adjusted.
ARTICLE 3 — FEES AND EXPENSES FOR RENDERING SERVICES
Fees for Professional Services
Fees for Shannon & Wilson's services are based on the actual time expended on the project, including travel, by our personnel and will be computed by
multiplying the actual number of hours worked times the employees direct salary rate times 3.3. The hourly rates for the services of our staff will be doubled
for time spent actually providing expert testimony in court or depositions.
Reimbursable Expenses
Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include, but
are not limited to, expenses for out-of-town travel and living, information processing equipment, instrumentation and field equipment rental, special fees and
permits, premiums for additional or special insurance where required, telecommunication charges, local mileage and parking, use of rental vehicles, taxi,
reproduction, local and out-of-town delivery service, express mail, photographs, laboratory equipment fees, shipping charges, and supplies.
ARTICLE 4 — PAYMENTS TO SHANNON & WILSON
Invoices shall be prepared in accordance with Shannon & Wilson's standard invoicing practices and shall be submitted to Client by Shannon & Wilson monthly.
The amount billed in each invoice shall be calculated as set forth in Shannon & Wilson's Proposal.
Unless Shannon & Wilson's Proposal contains a fixed lump -sum price, Shannon & Wilson's actual fees may exceed the estimate contained in its Proposal.
Shannon & Wilson shall not exceed the estimate contained in its Proposal by more than ten percent (10%) without the prior written consent of Client; provided
however, unless the Client authorizes additional funds in excess of the estimate contained in Shannon & Wilson's Proposal, Shannon & Wilson shall have no
obligation to continue work on the project.
Invoices are due and payable within 30 days of receipt. If Client fails to pay Shannon & Wilson's invoice within 30 days after receipt, the amounts due Shannon
& Wilson shall accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate of interest permitted by law, if less) after the 30`s
day. In addition, Shannon & Wilson may, after giving seven (7) days written notice to Client, suspend services under this Agreement until Shannon & Wilson
has been paid in full.
If Client disputes Shannon & Wilson's invoice, only the disputed portion(s) may be withheld from payment, and the undisputed portion(s) shall be paid.
Records of Shannon & Wilson's direct and indirect costs and expenses pertinent to its compensation under this Agreement shall be kept in accordance with
generally accepted accounting practices and applicable federal, state, or local laws and regulations. Upon request, such records shall be made available to Client
for inspection on Shannon & Wilson's premises and copies provided to Client at cost.
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ARTICLE 5 — CLIENT'S RESPONSIBILITIES
Client shall grant or obtain free access to the project site for all equipment and personnel necessary for Shannon & Wilson to perform its services.
ARTICLE 6 — STANDARD OF CARE I ABSENCE OF WARRANTIES / NO RESPONSIBILITY FOR SITE SAFETY OR CONTRACTOR'S
PERFORMANCE
Standard of Care
The standard of care for all professional services performed or furnished by Shannon & Wilson under this Agreement shall be the skill and care ordinarily
exercised by other members of Shannon & Wilson's profession, providing the same or similar services, under the same or similar circumstances, at the same
time and locality as the services were provided by Shannon & Wilson. The construction, alteration, or repair of any object or structure by Shannon & Wilson
shall be performed in a good and workmanlike manner in accordance with general industry standards, and conform to this Agreement. Shannon & Wilson
warrants for one (1) year from substantial completion of the Work, all goods delivered hereunder shall be new and free from defects in material or workmanship,
and shall conform to the specifications, drawings, or sample(s) specified or furnished, if any, and shall be merchantable and fit for their intended purpose(s).
Shannon & Wilson warrants that Shannon & Wilson has good and marketable title to all goods delivered hereunder, and that all goods delivered hereunder shall
be free and clear of all claims of superior title, liens, and encumbrances of any kind.
Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken, at the time they are taken. Actual
conditions at other locations of the project site, including those inferred to exist between the sample points, may differ significantly from conditions that exist
at the sampling locations. The passage of time or intervening causes may cause the actual conditions at the sampling locations to change as well.
Interpretations and recommendations made by Shannon & Wilson shall be based solely upon information available to Shannon & Wilson at the time the
interpretations and recommendations are made.
Shannon & Wilson shall be responsible for the technical accuracy of its services, data, interpretations, and recommendations resulting therefrom, and Client
shall not be responsible for discovering deficiencies therein. Shannon & Wilson shall correct any substandard work without additional compensation, except
to the extent that such inaccuracies are directly attributable to deficiencies in Client -furnished information.
No Warranties
Shannon & Wilson makes no guarantees or warranties, express or implied, under this Agreement or otherwise, about Shannon & Wilson's professional services.
Client -Furnished Documents
Shannon & Wilson may use requirements, programs, instructions, reports, data, and information furnished by Client to Shannon & Wilson in performing its
services under this Agreement. Shannon & Wilson may rely on the accuracy and completeness of requirements, programs, instructions, reports, data, and other
information furnished by Client to Shannon & Wilson. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson
and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable
attorneys' fees and costs) arising from Shannon & Wilson's reliance on Client -furnished information, except to the extent of Shannon & Wilson's and its
subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Site Damage
Shannon & Wilson shall take reasonable precautions to minimize damage to the project site, but it is understood by Client that, in the normal course of Shannon
& Wilson's services, some project site damage may occur, and the correction of such damage is not part of this Agreement unless so stated in Shannon &
Wilson's Proposal. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify
and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from
any project site damage caused by Shannon & Wilson, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors,
omissions, or breach of contract.
Buried Structures
If there are any buried structures and/or utilities on the project site where subsurface explorations are to take place, Client shall provide Shannon & Wilson with
a plan showing their existing locations. Shannon & Wilson shall contact a utility locator service to request that they identify any public utilities. Shannon &
Wilson shall use reasonable care and diligence to avoid contact with buried structures and/or utilities as shown. Shannon & Wilson shall not be liable for any
loss or damage to buried structures and/or utilities resulting from inaccuracy of the plans, or lack of plans, or errors by the locator service relating to the location
of buried structures and/or utilities. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors,
and indemnify, and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and
costs) arising from damage to buried structures and/or utilities caused by Shannon & Wilson's sampling, except to the extent of Shannon & Wilson's and its
subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Aquifer Cross -Contamination
Despite the use of due care, unavoidable contamination of soil or groundwater may occur during subsurface exploration when drilling or sampling tools are
advanced through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading
contaminants off the project site. Because Shannon & Wilson is powerless to totally eliminate this risk despite use of due care, and because sampling is an
essential element of Shannon & Wilson's services, Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson and its
subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable
attorneys' fees and costs) arising from cross -contamination caused by Shannon & Wilson's sampling, except to the extent of Shannon & Wilson's and its
subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
Opinions of Probable Construction Costs
If opinions of probable construction costs are included in Shannon & Wilson's Proposal, Shannon & Wilson's opinions of probable construction costs shall be
made on the basis of its experience and qualifications and represent its judgment as a professional generally familiar with the industry. Opinions of probable
construction costs are based, in part, on approximate quantity evaluations that are not accurate enough to permit contractors to prepare bids. Further, since
Shannon & Wilson has no control over: the cost of labor, materials, equipment, or services furnished by others; the contractor's actual or proposed construction
methods or methods of determining prices; competitive bidding; or market conditions, Shannon & Wilson cannot and does not guarantee that proposals, bids,
or actual construction cost will not vary from opinions of the components of probable construction cost prepared by Shannon & Wilson. If Client or any
contractor wishes greater assurance as to probable construction cost, Client or contractor shall employ an independent cost estimator.
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SHANNON & WILSON, INC.
Review of Contractor's Shop Drawings and Submittals
If review of a contractor's shop drawings and submittals are included in Shannon & Wilson's Proposal, Shannon & Wilson shall review and take appropriate
action on the contractor's submittals, such as shop drawings, product data, samples, and other data, which the contractor is required to submit, but solely for the
limited purpose of checking for general overall conformance with Shannon & Wilson's design concept. This review shall not include a review of the accuracy
or completeness of details, such as quantities; dimensions; weights or gauges; fabrication processes; construction means, methods, sequences or procedures;
coordination of the work with other trades; or construction safety precautions, all of which are the sole responsibility of the contractor. Shannon & Wilson's
review shall be conducted with reasonable promptness while allowing sufficient time, in Shannon & Wilson's judgment, to permit adequate review. Review of
a specific item shall not be construed to mean that Shannon & Wilson has reviewed the entire assembly of which the item is a component. Shannon & Wilson
shall not be responsible for any deviations by the contractor in the shop drawings and submittals from the construction documents, which are not brought to the
attention of Shannon & Wilson by the contractor in writing.
Construction Observation
If construction observation is included in Shannon & Wilson's Proposal, Shannon & Wilson shall visit the project site at intervals Shannon & Wilson deems
appropriate, or as otherwise agreed to in writing by Client and Shannon & Wilson, in order to observe and keep Client generally informed of the progress and
quality of the work. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of any contractor's work, but rather are to
allow Shannon & Wilson, as a professional, to become generally familiar with the work in progress in order to determine, in general, whether the work is
progressing in a manner indicating that the work, when fully completed, will be in accordance with Shannon & Wilson's general overall design concept.
Shannon & Wilson's authority shall be limited to observing, making technical comments regarding general overall compliance with Shannon & Wilson's design
concept, and rejecting any work which it becomes aware of that does not comply with Shannon & Wilson's general overall design concept. Shannon & Wilson's
acceptance of any non -conforming work containing latent defects or failure to reject any non -conforming work not inspected by Shannon & Wilson shall not
impose any liability on Shannon & Wilson or relieve any contractor from complying with their contract documents. All construction contractors shall be solely
responsible for construction site safety, the quality of their work, and adherence to their contract documents. Shannon & Wilson shall have no authority to
direct any contractor's actions or stop any contractor's work.
If Shannon & Wilson is not retained to provide construction observation of the implementation of its design recommendations, Client shall, only to the fullest
extent permitted by law, waive any claims against Shannon & Wilson, and indemnify and hold Shannon & Wilson harmless from any claims, liability, or
expenses (including reasonable attorneys' fees and costs) arising from the implementation of Shannon & Wilson's design recommendations, except to the extent
of Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract.
No Responsibility for Site Safety
Except for its own subcontractors and employees, Shannon & Wilson shall not: supervise, direct, have control over, or authority to stop any contractor's work;
have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by any contractor; be responsible
for safety precautions and programs incident to any contractor's work; or be responsible for any failure of any contractor to comply with laws and regulations
applicable to the contractor, all of which are the sole responsibility of the construction contractors. This requirement shall apply continuously, regardless of
time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the project site performing his/her duties.
Notwithstanding anything to the contrary, Shannon & Wilson shall never be deemed to have assumed responsibility for the project's site safety by either contract
or conduct. No act or direction by Shannon & Wilson shall be deemed the exercise of supervision or control of any contractor's employees or the direction of
any contractor's performance. Any direction provided by Shannon & Wilson shall be deemed solely to ensure the contractor's general overall compliance with
Shannon & Wilson's design concept.
No Responsibility for Contractor's Performance
Except for its own subcontractors and employees, Shannon & Wilson shall not be responsible for safety precautions, the quality of any contractor's work, or
any contractor's failure to furnish or perform their work in accordance with their contract documents.
Except Shannon & Wilson's own employees and its subcontractors, Shannon & Wilson shall not: be responsible for the acts or omissions of any contractor,
subcontractor or supplier, or other persons at the project site, or otherwise furnishing or performing any work; or for any decision based on interpretations or
clarifications of Shannon & Wilson's design concept given without the consultation and concurrence of Shannon & Wilson.
Approval of Contractor's Applications for Payment
If approval of a contractor's applications for payment are included in Shannon & Wilson's Proposal, Shannon & Wilson shall review the amounts due the
contractor and issue a recommendation about payment to Client. Shannon & Wilson's review and approval shall be limited to an evaluation of the general
progress of the work and the information contained in the contractor's application for payment and a representation by Shannon & Wilson that to the best of the
Shannon & Wilson's knowledge, the contractor has performed work for which payment has been requested, subject to further testing and inspection upon
substantial completion. The issuance of a recommendation for payment shall not be construed as a representation that: Shannon & Wilson has made an
exhaustive check or a detailed or continuous inspection check of the quality or quantity of the contractor's work; approved the contractors means, methods,
sequences, procedures, or safety precautions; or that contractor's subcontractors, laborers, and suppliers have been paid.
ARTICLE 7 — CONFIDENTIALITY AND USE OF DOCUMENTS
Confidentiality
Shannon & Wilson agrees to keep confidential and to not disclose to any person or entity (other than Shannon & Wilson's employees and subcontractors),
without the prior consent of Client, all information furnished to Shannon & Wilson by Client or learned by Shannon & Wilson as a result of its work on the
project; provided however, that these provisions shall not apply to information that: is in the public domain through no fault of Shannon & Wilson; was
previously known to Shannon & Wilson; or was independently acquired by Shannon & Wilson from third -parties who were under no obligation to Client to
keep said information confidential. This paragraph shall not be construed to in any way restrict Shannon & Wilson from making any disclosures required by
law. Client agrees that Shannon & Wilson may use and publish Client's name and a general description of Shannon & Wilson's services with respect to the
project in describing Shannon & Wilson's experience and qualifications to others.
Copyrights and Patents — Shannon & Wilson shall indemnify, hold harmless, and defend Client from any and all actions, damages, demands, expenses
(including reasonable attorneys' fees and costs), losses, and liabilities arising out of any claims that any goods or services furnished by Subcontractor infringe
any patent, trademark, trade name, or copyright.
Use of Documents
All documents prepared by Shannon & Wilson are instruments of service with respect to the project, and Shannon & Wilson shall retain a copyrighted ownership
and property interest therein (including the right of reuse) whether or not the project is completed.
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SHANNON & WILSON, INC.
Shannon & Wilson grants to Client a non-exclusive, irrevocable, unlimited, royalty -free license to use any documents prepared by Shannon & Wilson for Client.
Client may make and retain copies of such documents for their information and use. Such documents are not intended or represented to be suitable for reuse by
Client, or others, after the passage of time, on extensions of the project, or on any other project. Any such reuse without written verification or adaptation by
Shannon & Wilson, as appropriate for the specific purpose intended, shall be at Client's sole risk, and Client shall, only to the fullest extent permitted by law,
waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any
claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from such reuse, except to the extent of Shannon & Wilson's and its
subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract. Any verification or adaptation of the documents for extensions of the project
or for any other project by Shannon & Wilson shall entitle Shannon & Wilson to additional compensation to be agreed upon by Client and Shannon & Wilson.
Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Shannon &
Wilson. Text, data, or graphics files in electronic media format are furnished solely for the convenience of Client. Any conclusion or information obtained or
derived from such electronic files shall be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving
an electronic file agrees that it shall perform acceptance tests or procedures within 60 days after its receipt, after which, unless notice of any errors are given in
writing to the delivering party, the receiving party shall be deemed to have accepted the data thus transferred. Any errors reported within the 60-day acceptance
period shall be corrected by the party delivering the electronic files at their sole expense. Shannon & Wilson shall not be responsible for maintaining documents
stored in electronic media format after acceptance by Client.
When transferring documents in electronic media format, neither Client nor Shannon & Wilson makes any representations as to long-term compatibility,
usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those
used for the document's creation.
ARTICLE 8 - INSURANCE
Shannon & Wilson shall purchase and maintain during the term of this contract, the following insurance coverage at its sole expense:
Commercial General Liability - $1,000,000 each occurrence/$2,000,000 annual aggregate Bodily Injury/Property Damage Combined Single Limit including
Blanket Contractual Liability, Broad Form Products and Completed Operations, Explosion/Collapse/Underground (XCU) Exposures, and Washington Stop
Gap coverage.
Auto Liability - $1,000,000 Bodily Injury/Property Damage Combined Single Limit including Owned, Hired, and Non -Owned Liability coverage.
Umbrella Liability - $10,000,000 Bodily Injury/Property Damage combined Single Limit in excess of Commercial General Liability, Auto Liability, and
Employers' Liability.
Workers' Compensation - Statutory in monopolistic states and $500,000 per accident/$500,000 per disease/$500,000 disease policy aggregate Employers'
Liability in non -monopolistic including if applicable, U.S. Longshore & Harbor Workers coverage.
Professional Liability - $5,000,000 per claims/$5,000,000 annual aggregate for professional errors and omissions including Pollution Liability coverage.
If requested in writing by Client, Shannon & Wilson shall name Client as an additional insured on its Commercial General Liability policy.
If requested in writing by Client, Shannon & Wilson shall deliver to Client certificates of insurance evidencing such coverage. Such certificates shall be
furnished before commencement of Shannon & Wilson's services.
Client shall cause Shannon & Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by Client
that is applicable to the project.
Client shall require the project owner to require the general contractor on the project to purchase and maintain Commercial General Liability, Automobile
Liability, Workers Compensation, and Employers Liability insurance, with limits no less than set forth above, and to cause Shannon & Wilson and its
subcontractors to be listed as additional insureds on that Commercial General Liability insurance. Client shall require the project owner include the substance
of this paragraph in the prime construction contract.
All insurance policies shall contain a waiver of subrogation.
ARTICLE 9 - HAZARDOUS ENVIRONMENTAL CONDITIONS
Disclosure of the Existence of Hazardous Environmental Conditions
Client has disclosed to Shannon & Wilson all data known to Client concerning known or suspected hazardous environmental conditions, including but not
limited to, the existence of all asbestos, PCBs, petroleum, hazardous waste, or radioactive material, if any, located at or near the project site, including its type,
quantity, and location, or has represented to Shannon & Wilson that, to the best of Client's knowledge, no hazardous environmental conditions exist at or near
the project site.
If any hazardous environmental condition is encountered or believed to exist, Shannon & Wilson shall notify Client and, to the extent required by applicable
laws and regulations, the project site owner, and appropriate governmental officials.
Disposal of Non -Hazardous Samples and Hazardous or Toxic Substances
All substances on, in, or under the project site, or obtained from the project site as samples or as byproducts (e.g., drill cuttings and fluids) of the sampling
process are the project site owner's property. Shannon & Wilson shall preserve such samples for forty-five (45) calendar days after Shannon & Wilson's
issuance to Client of the final instrument of service that relates to the data obtained from them. Shannon & Wilson shall dispose of all non -hazardous samples
and sampling process byproducts in accordance with applicable law; provided however, any samples or sampling process byproducts that are, or are believed
to be, affected by regulated contaminants shall be packaged by Shannon & Wilson in accordance with applicable law, and turned over to Client or left on the
project site. Shannon & Wilson shall not transport store, treat, dispose of, or arrange for the transportation, storage, treatment, or disposal of, any substances
known, believed, or suspected to be affected by regulated contaminants, nor shall Shannon & Wilson subcontract for such activities.
Shannon & Wilson shall, at Client's request (and for additional compensation, if not already included in Shannon & Wilson's Proposal), help Client or the
project site owner identify appropriate alternatives for transportation, storage, treatment, or disposal of such substances, but Shannon & Wilson shall not make
any independent determination about the selection of a transportation, storage, treatment, or disposal facility.
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Client or the project site owner shall sign all manifests for the transportation, storage, treatment, or disposal of substances affected by regulated contaminants;
provided however, notwithstanding any other provisions of this Agreement to the contrary if Client directs Shannon & Wilson, Shannon & Wilson's employees,
or Shannon & Wilson's agents to sign such manifests and/or to hire for Client or the project site owner a contractor to transport store, treat, or dispose of the
contaminated substances, Shannon & Wilson shall do so only as Client's disclosed agent.
Contaminated Equipment and Consumables
Client shall reimburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is contaminated by regulated materials encountered
at the project site and for the cost of disposal and replacement of contaminated consumables. In some instances, the cost of decontamination may exceed the
fair market value of the equipment, were it not contaminated, together with the cost of properly transporting and disposing of the equipment. In such instances,
Shannon & Wilson will notify Client and give Client the option of paying for decontamination or purchasing the equipment at its fair market value immediately
prior to contamination. If Client elects to purchase equipment, Client and Shannon & Wilson will enter into a specific agreement for that purpose. Any
equipment that cannot be decontaminated shall be considered a consumable.
Client's Liability for Hazardous or Toxic Materials
Except to the extent caused by Shannon & Wilson's and its subcontractor's negligent or wrongful acts, errors, omissions, or breach of contract, and only to the
maximum extent permitted by law, Client shall: indemnify and hold harmless Shannon & Wilson, its subcontractors and their partners, officers, directors,
employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory
liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage (including bodily injury, death, or
property damage to Shannon & Wilson's own employees), or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs,
damages (including without limitation, economic, non -economic, general, special, incidental, consequential), demands, expenses (including, but not limited to,
reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the arrangement for
and/or ownership, operation, generation, labeling, transportation, storage, disposal, treatment, release, or threatened release of any hazardous or toxic materials,
as defined by CERCLA, MTCA, or similar federal, state, or local environmental laws, on and/or from the project site.
ARTICLE 10 - ALLOCATION OF RISK
Indemnification of Client
To the maximum extent permitted by law, Shannon & Wilson shall: indemnify and hold harmless Client, its appointed and elected officials, partners, officers,
directors, employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied),
statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury,
death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws),
costs, damages (including without limitation, economic, non -economic, general, special, incidental, consequential), demands, expenses (including, but not
limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the negligent
or wrongful acts, errors, or omissions, or breach of contract or warranty express or implied, by Shannon & Wilson or any of its subcontractors; but only to the
extent of Shannon & Wilson's and its subcontractor's relative degree of fault. In furtherance of these obligations, and only with respect to Client, its appointed
and elected officials, partners, officers, directors, employees and agents, Shannon & Wilson waives any immunity it may have or limitation on the amount or
type of damages imposed under any industrial insurance, worker's compensation, disability, employee benefit, or similar laws. Shannon & Wilson
acknowledges that this waiver of immunity was mutually negotiated.
Limitation of Shannon & Wilson's Liability
A. Total Liability Limited to Insurance Proceeds
Notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by law, the total liability, in the aggregate, of Shannon &
Wilson, its subcontractors, and their partners, officers, directors, employees, agents and, or any of them, to Client and/or anyone claiming by, through, or under
Client, for any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or
otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury, death, or property damage to
Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including
without limitation, economic, non -economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys'
fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever, arising out of, resulting from, or in any way related to the
project or this Agreement, shall be limited to the insurance proceeds payable on behalf of or to Shannon & Wilson by any insurance policies applicable thereto.
If you are unwilling or unable to limit our liability in this manner, we will negotiate this limitation and its associated impact on our approach, scope of work,
schedule, and price, with you. You must notify us in writing before we commence our work of your intention to negotiate this limitation and its associated
impact on our approach, scope of work, schedule, and price. Absent your prior written notification to the contrary, we will proceed on the basis that our total
liability is limited as set forth above.
B. Professional Liability Limited to $50,000 or 10% of Fee
With respect to professional errors or omissions only, notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by
law, the total liability, in the aggregate, of Shannon & Wilson, its subcontractors, and their partners, officers, directors, employees, agents, or any of them, to
Client and/or anyone claiming by, through, or under Client, for any and all actions (whether sounding in tort, contract (express or implied), warranty (express
or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage (including
bodily injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local
environmental laws), costs, damages (including without limitation, economic, non -economic, general, special, incidental, consequential), demands, expenses
(including, but not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever, arising
out of, resulting from, or in any way related to the professional errors or omissions of Shannon & Wilson, its subcontractors, or their partners, officers, directors,
employees, agents or, or any of them, shall not exceed the aggregate total amount of $50,000.00, or ten percent (10%) of the total compensation actually paid
to Shannon & Wilson under this Agreement, whichever is greater. If you are unwilling or unable to limit our professional liability to these sums, we will
negotiate the amount of this limitation and its associated impact on our approach, scope of work, schedule, and price, with you. You must notify us in writing
before we commence our work of your intention to negotiate the amount of this limitation and its associated impact on our approach, scope of work, schedule,
and price. Absent your prior written notification to the contrary, we will proceed on the basis that our total professional liability is limited to $50,000.00 or ten
percent (10%) of the total compensation actually paid to Shannon & Wilson under this Agreement, whichever is greater.
SEA-SM-2017
(1/2017)
Page 5 of 6
SHANNON & WILSON, INC.
ARTICLE 11 — MISCELLANEOUS
Termination
This Agreement may be terminated without further obligation or liability by either party, with or without cause (for convenience), upon 30 days prior written
notice to the other. Shannon & Wilson shall be entitled to compensation for all services performed prior to the termination of this Agreement. This Agreement
may be terminated by the non -breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party by the non -
breaching party. Upon payment of all amounts due Shannon & Wilson, Client shall be entitled to copies of Shannon & Wilson's files and records pertaining to
services performed prior to the termination of this Agreement.
Successors, Assigns, and Beneficiaries
This Agreement shall be binding upon each party's assigns, successors, executors, administrators, and legal representatives.
Neither Client nor Shannon & Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other. No
assignment shall release or discharge the assignor from any duty or responsibility under this Agreement.
Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or Shannon & Wilson to any third -party. All duties and
responsibilities undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon & Wilson. There are no intended third -party
beneficiaries. Notwithstanding the foregoing, should a court find a third -party to be a beneficiary of this Agreement, it is the intent of the parties that the
judicially created third -party beneficiary be bound by and subject to all of the terms and conditions of this Agreement.
Jurisdiction, Venue, and Choice of Law
Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew, or should have known, of the facts giving rise
to their claims, but in no event later than the date of substantial completion of Shannon & Wilson's services under this Agreement. To the maximum extent
permitted by law, as a condition precedent to commencing a judicial proceeding, a party shall give written notice of their claims, including all amounts claimed,
and the factual basis for their claims, to the other party within one (1) year of when the claimant knew, or should have known, of the facts giving rise to their
claims, but in no event later than one (1) year from the date of substantial completion of Shannon & Wilson's services under this Agreement. As a condition
precedent to commencing a judicial proceeding, a party shall first submit their claims to non -binding mediation through and in accordance with the rules of the
American Arbitration Association.
This Agreement shall be construed in accordance with and governed by the laws (except choice and conflict of law provisions) of the state in which the Project
is located.
Any judicial action shall be brought in the state in which the Project is located.
Attorneys' Fees
Should any dispute or claims arise out of this Agreement, whether sounding in tort, contract (express or implied), warranty (express or implied), statutory
liability, strict liability, or otherwise, the prevailing party shall be entitled to an award of their reasonable attomeys' fees and costs, including upon appeal and
in the enforcement of any judgment. Should neither party prevail on all of their claims or receive all of the relief they sought, then the substantially prevailing
party shall be awarded their reasonable attorneys' fees and costs, including upon appeal and in the enforcement of any judgment.
Waiver
A waiver of any of the terms and conditions or breaches of this Agreement shall not operate as a subsequent waiver.
Headings
The headings used in this agreement are for general ease of reference only. They have no meaning and are not part of this Agreement.
Integration
This Agreement, together with all attachments hereto, are incorporated by reference into each other, and supercede all prior written and oral discussions,
representations, negotiations, and agreements on the subject matter of this Agreement and represent the parties' complete, entire, and final understanding of the
subject matter of this Agreement.
Survival
Notwithstanding completion or termination of this Agreement for any reason, all representations, warranties, limitations of liability, and indemnification
obligations contained in this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled.
Severability
If any of the terms or conditions of this Agreement are found to be void or unenforceable for any reason, the remainder of this Agreement shall continue in full
force and effect, and the court shall attempt to judicially reform the void or unenforceable provisions to the maximum extent possible, consistent with the
original intent expressed in the provisions, to render it valid and enforceable. If the court is unable to reform the provisions to render it valid and enforceable,
the court shall strike only that portion which is invalid or unenforceable, and this Agreement shall then be construed without reference to the void or
unenforceable provisions.
SEA-SM-20 17
(1/2017)
Page 6 of 6
SHANNON & WILSON, INC. Attachment to and part of Proposal 21-2-65115-001
Geotechnical and Environmental Consultants
Date: November 7, 2017
To: Ms. Carrie Holmes
Axis Planning & Development, LLC
IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL/ENVIRONMENTAL
PROPOSAL
More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations
are offered to help you manage your risks.
HAVE REALISTIC EXPECTATIONS.
If you have never before dealt with geotechnical or environmental issues, you should recognize that site exploration identifies actual
subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the
consultant, who then applies judgment to render an opinion about overall subsurface conditions; their reaction to construction activity;
appropriate design of foundations, slopes, impoundments, and recovery wells; and other construction and/or remediation elements. Even
under optimal circumstances, actual conditions may differ from those inferred to exist, because no consultant, no matter how qualified,
and no subsurface program, no matter how comprehensive, can reveal what is hidden by earth, rock, and time.
DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE.
The nature of subsurface explorations —the types, quantities, and locations of procedures used —in large measure determines the
effectiveness of the geotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration
and testing program, the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the
attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered.
Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design, which should be accomplished
jointly by the consultant and the client (or designated professional representatives). This helps the parties involved recognize mutual
concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the
involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy.
READ GENERAL CONDITIONS CAREFULLY.
Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly
employed is to limit the consulting firm's liability. Known as a "risk allocation" or "limitation of liability," this approach helps prevent
problems at the beginning and establishes a fair and reasonable framework for handling them, should they arise.
Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and
misunderstandings, thereby helping all parties recognize who is responsible for different tasks. In all cases, read your consultant's
general conditions carefully and ask any questions you may have.
HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS.
Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To
help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the geotechn-
ical/environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review
their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar
with geotechnical/environmental concerns, none knows as much about them as a competent consultant.
Page 1 of 2 1/2017
OBTAIN CONSTRUCTION MONITORING SERVICES.
Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the
construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated
conditions, to conduct additional tests if required, and when necessary, to recommend alternative solutions to problems. The consultant
can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction
recommendations included in a report are preliminary, because they must be based on the assumption that conditions revealed through
selective exploratory sampling are indicative of actual conditions throughout a site.
Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those
conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background
information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot
assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction.
REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED.
If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of
contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site
reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services
needed to perform that function are not being provided.
ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE
PUBLIC.
A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health,
property, or welfare of the public. Your consultant may be obligated under rules of professional conduct, or statutory or common law,
to notify you and others of these conditions.
RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE.
Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to
a construction project, from design through construction. Ask your consultant, not only about geotechnical and environmental issues,
but others as well, to learn about approaches that may be of genuine benefit.
The preceding paragraphs are based on information provided by the
ASFE/Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland
Page 2 of 2 1/2017
EXHIBIT B
1•
1
1
SHANNON iWILSON, INC.
GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS
November 8, 2017
Mr. D. J. Baxter
Shiels Obletz Johnsen
800 5th Avenue, Suite 4130
Seattle, WA 98101
RE: PROPOSAL FOR DESIGN -PHASE GEOTECHNICAL STUDY, CITY OF
TUKWILA PROPERTY ACQUISITION, TUKWILA, WASHINGTON
Dear DJ:
This letter presents our scope of services and cost estimate for performing geotechnical
explorations and engineering services to aid in design of two new facilities for the City of
Tukwila. Our proposal is based on our discussions with you and our understanding of the two
properties. One property, the future Justice Center site, is located on Tukwila International Blvd.
at So. 150th Street and is identified by the following King County parcel numbers 0041000515,
0041000514, 0041000480, 0041000494, 0041000513, 0041000516, 0041000517, 0041000335,
and 0041000330. The second property, the future Public Works site, is located on Tukwila
International Blvd. adjacent to So. 112th Street and is identified by the following King County
parcel numbers 0923049411, 0923049152, 1023049059, 0923049387, and 1023049056.
While the actual dimensions and locations of the future facilities are not known at this time, our
proposed subsurface exploration plan will include a sufficient number of borings that, when
combined with existing data, will be adequate for design of the facilities at both properties.
GEOTECHNICAL SCOPE OF SERVICES
Our geotechnical scope of services for this phase of the project will include performing one deep
soil boring at the Public Works site and three shallow borings on the Justice Center site. We will
perform laboratory testing and geotechnical engineering analyses following completion of the
soil borings.
Shannon & Wilson completed a deep boring in 1999 approximately 400 feet west of the Public
Works (PW) site. This boring encountered dense sand and gravel at 80 feet deep and bedrock at
140 feet deep. Based on these findings, we recommend drilling one boring at the PW site to a
400 NORTH 34TH STREET, SUITE 100
P.O. BOX 300303
SEATTLE, WASHINGTON 98103-8636
206-632-8200 FAX: 206-695-6777
www.shannonwilson.com
21-2-65115-002
Mr. D.J. Baxter
Shiels Obletz Johnsen
November 8, 2017
Page 2 of 4
SE1YLVON &lV.'SOK !XC.
depth of 100 feet to confirm the depth to bearing soils (dense sand and gravel). This deep boring
will be located near the center of the proposed building footprint.
Three borings will be drilled at the Justice Center site to depths of approximately 20 feet. These
borings will also be located to coincide with the building center and two ends.
The boring will be performed by a driller under subcontract to Shannon & Wilson. The
fieldwork will be coordinated and observed by an engineer or geologist from our firm. We will
coordinate the field exploration activities with the City of Tukwila. We will obtain subsurface
utilities clearance using the public utility locate service and private locating if necessary. We
estimate the boring at the PW site can be completed in one day and the three shallow borings can
be completed in one day.
Soil samples will be collected from the exploration to evaluate the composition of the subsurface
materials and to perform laboratory testing. Laboratory tests will be performed, as appropriate,
for classification and correlation purposes.
We anticipate that any laboratory testing will consist of natural water content determinations,
Atterberg limit testing, and grain size analyses. We have assumed that no contaminated soil will
be encountered during drilling.
We will prepare a design geotechnical report for the design team within four weeks after the soil
borings have been completed. This report will include the results of the explorations and our
geotechnical design recommendations. Our geotechnical report will include conclusions and
recommendations concerning mitigation of geologic hazards, foundation design, seismic design,
lateral earth pressures, estimated settlements, earthwork, wet weather construction, use of on -site
soils, and construction considerations. Pavement design will also be performed, provided we
receive traffic loading information from the City of Tukwila.
ESTIMATED COSTS FOR DESIGN -PHASE GEOTECHNICAL SERVICES
We are prepared to undertake the services described above on a time -and -expense basis using the
terms and conditions and contract provided by the City of Tukwila. A summary of the estimated
costs for our services is as follows:
21-2-65115-002-LI.docx/wp/Ikn
21-2-65115-002
Mr. D.J. Baxter
Shiels Obletz Johnsen
November 8, 2017
Page 3 of 4
Justice Center
Public Works
SHANNON bWILSON,
Task Cost
Subsurface borings with well installation (subcontract) $5,000
Field logging and coordination 2,000
Laboratory testing 1,000
Engineering analyses and report preparation 5,000
Expenses (mileage, copies, and equipment) 100
TOTAL $13,100
Task Cost
Subsurface boring (100 feet) with well installation $9,000
Field logging and coordination 2,500
Laboratory testing 2,000
Engineering analyses and report preparation 8,000
Expenses (mileage, copies, and equipment) 100
TOTAL $21,600
SCHEDULE FOR GEOTECHNICAL SERVICES
We anticipate we can begin these services within two weeks of receiving your notice to proceed.
We estimate that the fieldwork for this project could be accomplished in two days. A
geotechnical report will be completed within five weeks following completion of the field
explorations; however, design recommendations for pertinent geotechnical items can be provided
to the design team orally as they are developed.
CLOSURE
If this proposal is acceptable, please provide a Professional Services Agreement from the City of
Tukwila and a Task Order or Purchase Order to serve as a contract.
Our report will be prepared on behalf of and for the exclusive use of the Shiels Obletz Johnsen
and City of Tukwila and its design representatives.
The scope of our services does not include any environmental assessment or evaluation
21-2-65115-002-LI.docx/wp/]kn
21-2-65115-002
Mr. D.J. Baxter
Shiels Obletz Johnsen
November 8, 2017
Page 4 of 4
SHANNON ,WILSON, INC.
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 MWP@shanwil.com if you have any
questions.
Sincerely,
SHANNON & WILSON, INC.
Martin W. Page, PE, LEG
Vice President
MWP:KAP/mwp
Ene: Important Information About Your Geotechnical/Environmental Proposal
21 -2-6511 5-002-LIAvp/Ikn
21-2-65115-002
:I I
IISHANNON & WILSON, INC.
Geotechnical and Environmental Consultants
Attachment to and part of Proposal 21-2-65115-002
Date: November 8, 2017
To: Mr. D.J. Baxter
Shiels Obletz Johnsen
IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL/ENVIRONMENTAL
PROPOSAL
More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations
are offered to help you manage your risks.
HAVE REALISTIC EXPECTATIONS.
If you have never before dealt with geotechnical or environmental issues, you should recognize that site exploration identifies actual
subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the
consultant, who then applies judgment to render an opinion about overall subsurface conditions; their reaction to construction activity;
appropriate design of foundations, slopes, impoundments, and recovery wells; and other construction and/or remediation elements. Even
under optimal circumstances, actual conditions may differ from those inferred to exist, because no consultant, no matter how qualified,
and no subsurface program, no matter how comprehensive, can reveal what is hidden by earth, rock, and time.
DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE.
The nature of subsurface explorations the types, quantities, and locations of procedures used —in large measure determines the
effectiveness of the geotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration
and testing program, the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the
attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered.
Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design, which should be accomplished
jointly by the consultant and the client (or designated professional representatives). This helps the parties involved recognize mutual
concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the
involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy.
READ GENERAL CONDITIONS CAREFULLY.
Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly
employed is to limit the consulting firm's liability. Known as a "risk allocation" or "limitation of liability," this approach helps prevent
problems at the beginning and establishes a fair and reasonable framework for handling them, should they arise.
Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and
misunderstandings, thereby helping all parties recognize who is responsible for different tasks. In all cases, read your consultant's
general conditions carefully and ask any questions you may have.
HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS.
Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To
help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the geotechn-
ical/environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review
their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar
with geotechnical/environmental concerns, none knows as much about them as a competent consultant.
Page 1 of2 1/2017
OBTAIN CONSTRUCTION MONITORING SERVICES.
Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the
construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated
conditions, to conduct additional tests if required, and when necessary, to recommend alternative solutions to problems. The consultant
can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction
recommendations included in a report are preliminary, because they must be based on the assumption that conditions revealed through
selective exploratory sampling are indicative of actual conditions throughout a site.
Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those
conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background
information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot
assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction.
REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED.
If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of
contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site
reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services
needed to perform that function are not being provided.
ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE
PUBLIC.
A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health,
property, or welfare of the public. Your consultant may be obligated under rules of professional conduct, or statutory or common law,
to notify you and others of these conditions.
RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE.
Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to
a construction project, from design through construction. Ask your consultant, not only about geotechnical and environmental issues,
but others as well, to learn about approaches that may be of genuine benefit.
The preceding paragraphs are based on information provided by the
ASFE/Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland
Page 2 of 2 1/2017