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HomeMy WebLinkAbout19-027 - Mayes Testing Engineers - Public Safety Plan Construction Testing and Inspection for Justice Center and Fire Station 51City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 19-027 (b) CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and Mayes Testing Engineers, Inc. That portion of Contract No. 19-027 between the City of Tukwila and Mayes Testing Engineers, Inc. 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, Fire Station 52 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 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 $139,453.50 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $4,000. All other provisions of the contract shall remain in full force and effect. Dated this 19th day of June , 2020 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor -9 / ?,07t, Printed Name: Timothy Beckerle, Principal CA Revised December 2016 _1,4Z Page 1 of 1 EXHIBIT A AYES TESTING ENGINEERS - SUPPLEMENT TO AGREEMENT FOR SERVICES CHANGE TO SCOPE OF SERVICES AND FEES Reference Number: M8181387 This SUPPLEMENT to AGREEMENT FOR SERVICES to the original Agreement for Services (original Agreement dated 02/25/2019, Agreement reference number 18549T) is between Shiels Obletz Johnsen, Inc ("Client") and Mayes Testing Engineers, Inc. ("Consultant") for additional or changed Services to be provided by Consultant for Client on the Project, as described in the Agreement for Services. This Supplement is incorporated into and part of the Agreement for Services. Scope of Services. The scope of the additional or changed Services are described in the Scope of Services section of the Consultant's Supplemental Proposal, unless Services are otherwise described below or in Exhibit B to this Supplement (which section or exhibit are incorporated into the Supplement). Justice Center Site Walls — It is anticipated that at least 8 more Specital Inspections will be necessary for reinforcing steel and concrete. . Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Supplemental Proposal unless fees are otherwise stated below or in Exhibit C to this Supplement (which section or exhibit are incorporated into the Supplement). Current Contract Amount = $80,328.50 Requested Supplement = $4,000.00 New Contract Amount = $84,328.50 All terms and conditions of the Agreement Coyr Services shall continue in full force and effect. This Supplement is accepted and Consultant is authorized to proceed. Consultant: By: Name/Title: Address: 10029 S Tacoma Way Ste E2 Maye Pf Client: Shiels Obletz Johnsen, Inc Date: 5/15/2020 By: Paul D Davis, P.E. / Office Manager 1 Name/Title: Ethan Bernau Date: Address: 800 5th Ave Tacoma, WA 98499-4686 Seattle, WA 98104-3176 Phone: (253) 573-9939 Fax: (253) 573-9959 Phone: (206) 838-3705 Fax: Email: Paul.Davis@terracon.com Email: ethanb@sojsea.com Page 1 of 1 Rev. 8-12 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 19-027(a) Agreement Number: Council Approval 11/18/19 CONTRACT FOR SERVICES Amendment No. 1 Between the City of Tukwila and Mayes Testing Engineers, Inc. That portion of Contract No. 19-027 between the City of Tukwila and Mayes Testing Engineers, Inc. is hereby amended as follows: Section 1 Pro.e t D-si.nation: The Consultant is retained by the City to perform Geotechnical Construction Services in connection with the project titled Tukwila Public Safety Plan, Fire Station 52 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 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 $135,453.50 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $78,378.50 ($43,228.50 + $35,150.00). All other provisions of the contract shall remain in full force and effect. Dated this •-•6'.1111. day of Wokteil" , 2019 CITY OF UKWI A Allan Ekberg, Mayor ATTEST/AUT TICATED itt! PI hristy O'Flaherty, MMC, City Clerk CONTRACTOR Printed Name: Timothy Beckerle, Principal APPROVFJ AS TO FORM Office of the City Attorney 0-7( / 6 /A/,'IL CA Revised December 2016 Page 1 of 1 EXHIBIT Matt Strutvnski From: To: Ethan8ernau Thursday, September 1G\2O19 1:34PK4 K4aUStnutynski FVV: Change Order for the Tukwila Justice Center From: Sanborn Dennb<Dsanbmrn@»k8ayestesting.cnm> Sent: Monday, September 16,2O192:34PK4 To: Ethan Bernau<ethanb@soiseacom» Cc: Davis, Paul D<PauiDavis@terraconzom>;Rix, Belinda M«Be|inda.Rix@1erracon.com> Subject: RE: Change Order for the Tukwila Justice Center Ethan :| have had achance noreview the original bidding documents and the current approved documents. There were many factors that influenced our costs the largest being where the Fab Shop was located. Undah|was located in Franklin Idaho, we serviced the project from our other offices in Salt lake LIT and Boise Idaho. There was also a larger change from the preliminary drawing which did not show the complete joint penetration welds (C]P)inthe column base plates for example, in the production drawings all BF columns are C_JP and required more inspections and NDE examinations in the approved drawing this added greatly to the cost as well. We needed to verify fit up and welding and then perform NDEtesting (UT). | can dig deeper and break the costs down Kyou would like but those are the Zbiggest factors. See some comments Please let me if you need this broken down Dennis Private and confidential as detailed here (wvvw Ionpmocut 'vdiscia.rner).xyou cannot access hypmrlinxplease e-mail sender , Please consider the environment before printing this email '.P From: Ethan Bernau<ethanb@ooisea.cnmp Sent: Thursday, September 12'2O199:46AK8 To: Sanborn, Dennis «DsanbornpoKxavestestine.com> Cc: Davis, Paul D«PaoiDavis (cDterraconzom»;Rix, Belinda M<Be|ioda.Rixptenacoozom> Subject: RE: Change Order for the Tukwila Justice Center Dennis, Can you provide more detail on why the hours for steel fabrication shop inspections increased so significantly?|vviU need help justifying the amendment. For example: • Location ofsteel fabrication shop increased costs: u Mayes assumed steel fabrication in Washington. Awarded steel fab shop is in Idaho, increasing hours for travel time and mileage costs? Added costs due toLocation wea|vvaysaovmelocal fabrication. ° Quantity ofinspections increased: 1 EXHIBIT Did Mayes assume periodic inspections and is now performing full time inspections at the shop? Change from the hid documents to the production docomeotschanged from fillet welds to []P vv0din8and NDE testing asvve|L o Any increase due toVVABOnrAQ[certification issues? o Any increase due to City of Tukwila building official requirements (beyond what was assuni Change from the bid docurnents to the production docurrients changed frorn fillet welds to CJP welding and NDE testing asweU. o Any increase due tostructural engineer's requirements (beyond what was assumed)?»vcperformed the required inspecdunsand teshnQper A|SCand code requirements, Any explanation like this will help the owner understand the cost increase. EtMmmBwrwmw et1uanb0sp ���olO zOzvoderWay 3uite6O6 1 Seattle, wA98zV« Shiels|Obletz IJwhmmew Project Focused. Community Driven. From: Sanborn, Dennis <DsanhornpK8avestesting.com> Sent: Tuesday, September10, 201913:09PM To: Ethan Bernau<ethanb(ci)sojseazonn> Cc: Davis, Paul D<Ppu|.Davis(Wter/aconcom>�Rix, Belinda M <8e|inda,RixPterraconzon?> Subject: Change Order for the Tukwila Justice Center Ethan: Here bthe change to the scope of services for the Tukwila Justice Center project for the out of state fabrication shop inspections and added scope ofservices. Please see the attached document. Thank You. Dennis Dennis Sanborn Senior Project Manager 8xAYESTESTING ENGINEERS, INC. ATwnaconCompany 1OU29STacoma Way, STEE'2yTacoma, Washington S84S9 Cell: zsx.uz*.a7ooOffice: ue.xo*.arzo dnanbomAmayesteshnqcom ) muvosteotinno*m |\mrmcnozum Private and confidential as detailed here fwww.Aerrac�n corn/disdainei).oyou cannot access hyperlink, please e-mail sender. "T Please consider the environment before printing this email �P Ternaoon provides envronmenta|, fon|itieo, geohsohnica, and mahaha|n consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Private and confidential as detailed here (www,terracoti.com/disclaimer). Ifyou cannot access the h}perlink, please e-mail 2 EXHIBIT A $0/11/2019 City of Tukwila Tukwila Justice Center Testing and Inspection Services Mayes Testing Engineers, Inc. M8181387/185497 - Change Order No. 1 Contract Budget Billed Items as of 9128719 New Prii pc)sed Budg it (Includes es from Invoices ui to 9/28 and servic0 9/30,.e0d of pr jecti Item Estimated No. of Units Unit Price Total No. of Units Billed as of 9/28/2019 Unit Price Total No, of Llnits Unit Price Total Inspection Services Reinforced Concrete inspection (96 hours) 96 $ 75.00 $ 7,200.00 131.50 $ 75,00 $ 9,862.50 151,50 $ 75,00 $ 11.362.50 Foundations: Estimate 6 inspections at 4 hrs. Resteel: Estimate 5 inspections at 4 hrs. Slab on Grade: Estimate 4 inspections at 4 hrs. Slab on Deck: Estimate 4 inspections at 4 hrs. Misc/Site: Estimate 5 inspections at 4 hrs. Overtime 7.50 $ 1'12.50 843.75 7.50 5 112.50 $ 843.7.5 Base Plate Grout Inspection (8.0 hours) 8 $ 75.00 $ 600.00 14.50 5 75.00 S 1.087.50 22.50 $ 75,00 $ '1,687.50 Estimate 2 inspections at 4 hrs. Ultrasonic Testing (20 hours) 20 $ 95.00 $ 1,900.00 8.00 $ 95.00 8 760.00 8.00 $ 95.00 $ 760.00 Estimate 5 inspections at 4 hrs. Overtime 1.50 $ 142.50 0 213.75 1.50 $ 142.50 $ 213.75 Structural Steel Fabrication Inspection (40 hours) 40 $ 90.00 $ 3,600.00 '182.50 $ 90.00 $ 16,425.00 '162.50 $ 99.00 $ 16,425.00 Estimate 10 inspections at 4 hrs. Overtime 32.25 $ '135.00 $ 4,353,75 32.25 S 135 00 7 4,353,75 Structural Steel Erection Inspection (200 hours) 200 $ 90.00 $ 18,000.00 166.50 $ 90.00 $ 14,985.00 205.00 $ 90,00 $ 18,450,00 Estimate 5 weeks at 40 hrs per week. Overtime 8.50 $ 135.00 $ 1,147,50 '11.00 S 135,00 $ 1,485.00 Project Management 30 $ 105.00 $ 3,150.00 19.00 $ 105.00 $ 1,995.00 30.00 $ '105.00 $ 3.150.00 Laboratory Services Concrete Compressive Strength Cylinder Tests 100 $ 25.00 $ 2 500.00 112.00 $ 25.00 $ 2,800.00 132.00 $ 25.00 $ 3,300.00 Masonry Grout Compressive Strength Test 6 $ 25.00 150.00 15.00 $ 25.00 0 375.00 18.00 5 25.00 $ 450.00 Additional Services Performed as Requested: Per Diem for Lundahl Ironworks($140/full day for meals & Lodging) 15.00 $ 140.00 $ 2,100.00 15.00 $ 140,00 5 2,100,00 Per Diem for Lundahl Ironworks($40/half day for meals 5.00 $ 40.00 200.00 5.00 $ 40,00 5 200.00 Mileage (.65/m1) 4615.00 8 0.65 $ 2,999.75 4615.00 S 0,65 $ 2,999,75 Asphalt Inspection 5.50 $ 85.00 8 467.50 13.50 $ 85.00 $ 1,147,50 Asphalt Rice Density Test, each 1.00 $ 100.00 '100.00 2.00 $ 100,00 $ 200,00 Geotechnical Engineer (FF/FL) 11.00 $ 150.00 $ 1,650.00 11.00 $ 150.00 $ 1,550.5)0 Geotechnical Field Engineer (FP/FL) 31.50 $ '100.00 $ 3;150.00 31.50 $ 100.00 $ 3,150.0C) Firestopping o oo $ 75.00 $ 20.00 $ '75.00 2 500,00 Fireproofing 0 00 $ 75.00 :i) 20.00 $ 75.00 $ 1,500.00 Fireproofing Density Test 0.00 $ 80.00 $ 20.00 $ 80.00 2 1.600.00 Lateral Framing 4.90 $ 75.00 300.00 24.00 $ 75,00 $ 1.800.00 Total Contract Budget $ 37 100.00 Total: $ 65,816.00 Total New Costs: $ 80,328.50 Total Over Original Budget: $ (28,716,00) Total New Budget Increase: $ 43,228.50 EXHIBIT MAYES TESTING ENGINEERS., INC ' wmkrracowCOMPANY October 21.3D1S Ms. Justine Kim Shieha[}bkatz Johnsen, Inc 8OOFifth Avenue, Suite 413O Seattle, WA 98104 Re: Testing and Inspection Services City ofTukwila Fire Station 52 1544705mAve G.Tukwila, VVA Mayes Testing Engineers Proposal No. 19642T Dear Ms. Kim, Seadeoffice Av&oedErwa%ymoad mLiL.1m nommmfte 10029GTaomavmay SLibsu nama,WA98499 PbrfandOffice nm1wssmo*e lz� Ap 1oo ph 5032B1.7515 Mayes Testing Engineers has anexcellent track record ofsuccessful projectswhich means you will have fewer demands on your time, reduced risk, and the likelihood of completing on or under budget. The attached cost estimate for the City ofTukwila Fire Station 52project iobaoedon careful review ofthe plans dated 9/27/2018. No construction schedule iaavailable atthis time. Once o schedule becomes available it would benefitGhie|a [)b|ebzJohneen. Inc to provide us the opportunity to review and revise this estimate based on updated schedule information. The inspection and testing scope ofwork includes: * Reinforced Concrete * Lateral Framing * Bmmep|oteGrout * Proprietary Anchor ° Masonry • Structural Steel Fabrication ° Structural Steel Erection • Ultrasonic Testing We assume all soils related testing and inspection will be performed by the geotechnical engineer of record. \8eassume structural steel members will come from olocal Puget Sound mvPortland area fabrication shop. K8oxeo Testing Engineers has been performingtesting and inspection services inthe Pacific Northwest since 1884. You will find wahave the trust and respect ofthe local building department. We are fully certified and perform all tests in accordance with ASTM and IBC standards. With the largest staff of WABO registered inspectors in the State, we have ample capacity to staff this project with multi -licensed inspectors. Washington State Professional Engineers directly supervise all inspection activities. Asmnintegral part of the project team, we work with our clients to provide realistic testing and inspection budgets. Our clients will only beinvoiced for actual work performed.Afour-hour minimum will apply to all inspections. Time will be charged portal-to-portal from our Tacoma office. A premium rate of 1.5 times the regular rate will be charged for all work outside of normal working hours or in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 3Odays from date oninvoice. This proposal ievalid for QOdays from the date ofthis letter. Final costs may vary up or down depending on the contractor's scheduling of the work. All services will bebilled inaccordance with the attached fee schedule. EXHIBIT If you have any questions or if we may be of further assistance, please do not hesitate to call. If you find this proposal acceptable, please sign andreturnVne copy b»our office. We look forward to your favorable response. Respectfully Submitted, MAYES TESTING ENGINEERS, INC. 7lmothxG. Beckerha P.E. Principal Attachments: Cost Estimate Accepted By: Printed Name: Title: EXHIBIT A Item City of Tukwila Fire Station 52 Testing and Inspection Services Mayes Testing Engineers, Inc. Cost Estimate No. 19642T Estimated No. of Units Extended Unit Price Total Inspection Services Reinforced Concrete Inspection Foundations: Walls: Resteel: Slabs on grade: Slabs on deck: Vault lid: Miscellaneous: Estimate Estimate Estimate Estimate Estimate Estimate Estimate 10 inspections at 8 inspections at 8 inspections at 5 inspections at 2 inspections at 1 inspection at 4 inspections at 4 hours per inspection 4 hours per inspection 4 hours per inspection 4 hours per inspection 4 hours per inspection 4 hours per inspection 4 hours per inspection Lateral Framing Inspection (Includes shearwalls, holddowns and diaphragms) Light gauge: Estimate 5 inspections at 4 hours per inspection Baseplate Grout Inspection Estimate 2 inspections at 4 hours per inspection Estimate 10 inspections at 4 hours per inspection Masonry Inspection Veneer Estimate 5 inspections at Structural Steel Fabrication Inspection Estimate 5 inspections at 4 hours per inspection Structural Steel Erection Inspection Estimate 15 inspections at 4 hours per inspection Ultrasonic Testing 40 Hours 95.00 /hr Estimate 10 inspections at 4 hours per inspection Project Management (Includes project set up, meetings, report review, closeout services and misc. consultation) Proprietary Anchor Inspection 152 Hours 75.00 /hr 11,400.00 Laboratory Services Concrete Compressive Strength Cylinder Test Grout Compressive Strength Test Miscellaneous Services Cylinder Pick-up Mileage Administrative Services (Types reports, mail, postage, etc.) 4 hours per inspection 20 Hours 75.00 /hr 8 Hours 75.00 /hr 40 Hours 75.00 /hr 75.00 /hr 90.00 /hr 90.00 /hr 20 Hours 20 Hours 60 Hours 150 Each 12 Each 1,500.00 600.00 3,000.00 1,500.00 1,800.00 5,400.00 3,800.00 20 Hours 105.00 /hr 2,100.00 25.00 ea 3,750.00 25.00 ea 300.00 No Charge No Charge No Charge Total Estimated Costs: $35,150.00 A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. This estimate is valid for 90 days. MA YES TESTING ENGINEERS, INC. EXHIBIT A MAYES TESTING ENGINEERS, /NC P2 Fee Schedule INSPECTION SERVICES Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Ohobcmaha Augercast Grout, Grout, Post Tension Concrete Inspection (includes placement and stressing) Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) Masonry Inspection (Includes cmuand brick veneer) Lateral Framing Inspection (includes wood and light gauge) Seismic Resistance 8ymbnmn Inspection Fireproofing Inspection |nturneacentPaint Inspection Soils Technician (includes nuclear denaonxebyM Asphalt Technician (includes nuclear d*nou/neker) Asphalt orConcrete Coring Technician Laboratory Technician Lead Inspector Structural Steel/Welding Inspection (includes bolting) Non'DestructiweTemting Dye Penetrant Testing K8agnadn Particle Testing Ultrasonic Testing 75.00/hour 75.00/hour 75.OU/hour 75.00/hour 75.O0/hour 75.OD/hour 75.UU/hour 85.0O/hour 85.O0/hour 85.DO/hour 85.DO/hour 85.00/hour 9O.DO/hour S0.00/hour S5.00/hour BS.00/hour S5.00/hour LABORATORY SERVICES Concrete Testing Air Dry Unit Weight Test Concrete Absorption, Unit Weight and Moisture Content Test Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking and report) Concrete Compressive High Strength Cylinder Test (over Y88O0psi) Concrete Core Compressive Strength Test (includes bn, �iand testing) Concrete Flexural Strength Beam Test Concrete Shrinkage Test (48TMC/57-set of3) Length ofConcrete Core Test (43T7NCY74) K8\x Design 1 Point Verification & 3 Point Water Cement Curve Modulus of Elasticity Test 8hotunabaPanel Test (includes 4cores) Voids and Density ofHardened Concrete Test (43TMCO42) Masonry Testing Brick Absorption Test (24hour soak) Brick Absorption Test /5hour boil) Brick orMasonry Efflorescence Test (set of5) Brick orConcrete Paver Compression Test Masonry Absorption, Unit Wt. And Moisture Content Test Masonry Unit Compression Test Masonry Drying Shrinkage Test (set of3) Masonry Grout orMortar Compressive Gb*ngthTest Masonry Prism Test (grouted orung/oub*c) Retaining VVaU Unit Absorption Test Retaining Wall Unit Compression Test Asphalt Testing Asphalt Marshall Mix Design Test (5poinb) Asphalt Core Density Test Asphalt Ignition & Gradation Test Asphalt Marshall Set Test (flow, stability, voids) Asphalt Oil Content Test Asphalt Rice Density Test Asphalt Stripping Test Asphalt 8uperpomaSet Test (KMA'VFAand VA) 40.00aooh 45.00 each 25.00each 30.00ooch OG.00eanh 5U.00aooh 3OU.O0aaoh 3O.00amch quoted onrequest 1O8.00each 100.00oaoh 75.0Oeanh 45.00aach 7O.00eouh 85.00eaoh 45.OUeanh 45.DOeach 55.DO000h 3OO.0Oeaoh 25.00amch 11O.OUeach 45.00aanh 110.00each 3500.00eauh 35.03each 25O.0Oeach 44U.UDeenh 8O.ODeoch 1D8.00eonh 30.00aooh 55O.ODaoch EXHIBIT A MAYES TESTING ENGINEERS, INC P2 Fee Schedule LABORATORY SERVICES Soils and Aggregate Testing AfterbergLimits Tests Liquid Limit Only Test Plastic Limit Only Test California Bearing Ratio Test (CBR- with proctor) Clay Lumps and Friable Particles Test Degradation Test Flat and Elongated Particles Test Fractured Face Count Test LAAbrasion Test Lightweight Pieces inAggregate Test (coal and lignite) Organic Impurities Test Organic Matter Analysis (loss onignition byweight) R4a/ueTeot Sand Equivalent Test Sieve Analysis Test (includes wash over #2OO) Sieve Analysis Test (percentage passing #3OOonly) Sodium Sulfate Soundness Test Soil Hydrometer Analysis Test (includes particles finer than #20{) Soil Moisture Content Test /nobxa0 Soil Moisture Density Relationship Test (pnochor) Soil Relative Density Test Soil Specific Gravity Test Specific Gravities Coarse Aggregate Test Specific Gravities Fine Aggregate Test Unit Weight Test VVG[)CJTT8OO Teat Miscellaneous Testing Fiber -Reinforced Polymer Tensile Test (set of5) Fireproofing Density Test Machining Tensile Test N1acnoetchTest (evaluation only orsample preparation) Moisture Emission Test Kits Reinforcing Steel #1D-#18Tensile Test Reinforcing Steel #3 -#QTenai|eTeot Splitting Tensile Test Stressing Strand Tensile Test (breaking strength only) Tensile Test onCoupon Assembly (with slippage #3-#Q) Tensile Test onCoupon Assembly (with slippage #YD-#Y6V Universal Test Machine &Operator Weld Fracture Test ENGINEERING SERVICES NDE Level III Consultation Principal Engineer Staff Engineer PachmnvebenlGFR,Floor Flatness, Fiber -Reinforced Polymer Inspection, Impact Echo, Load Testing & Concrete Moisture Testing) Engineering Technician Project Manager 12OUDeaoh 75.00emoh 55.00eooh O5O.00eoch SO.O0eaoh 135.DOeech 8O.00aaoh 75.00eauh 15O.00emoh 8D.00eoch 45.00aaoh 6D.00eonh 325.00eauh 6D.00eooh 225.00eoch 1OD.UOeooh 275.00eeoh 25D.UOeoch 3U.00each 225.O0eooh 225.00eoch 85.00eooh 55.00eooh 85.00eaoh 45.00eooh 55U.00each 75D.00egoh 8O.00maoh Cost+ 15% 5O.00eooh 3O.00eaoh 1OO.00eoch 75.00eooh 8O.O0eooh 8O.00each 8O.DDeaoh 1O5.00eooh 135.00/hour 8O.00each 175.80/hour 175.00/hour 140.00/hour 105.00/hour 105.00/hour OTHER Mileage only outside our regular service area) Subsistence (lower 48ababax) Reimbursable Expenses (commercial travel, rentals, cnnaurnmbAeo ebnj 8uboonau|tonha 0.G5Amile Federal GSA Rate Coot+ 15% Coet+ 15% *A four hour minimum charge applies to all inspections. Overtime rate ofY.5times the regular rate applies to all work performed outside ufnormal working hours, weekends and holidays. MAYES TESTING EkeAEA INC, General Conditions AWMWMmommmummmmommo,,,,,,: , AlkfraGNICOMPANY These General Conditions apply to the Services to be provided by Mayes Testing Engineers, Inc. ("Consultant") for Shiels Obletz Johnsen, Inc ("Client") on the City of Tukwila Fire Station 52 project (Project"), as described in Consultant's proposal above ("Proposal"). By its signature above, Client acknowledges and accepts these General Conditions as governing the Services and the relationship of the parties for this Project. The Proposal and General Conditions may collectively be referred to as the "Agreement". 1. Scope of Services. The scope of Consultant's services is described in the Proposal (Services"). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer the Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal. If not stated in the Proposal, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall not hold retainage on any invoice. Client understands that no final letter of compliance will be issued to the building department for the Project until all outstanding invoices have been paid. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANTS FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANTS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANTS SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. EXHIBIT A 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Washington law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate govemmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or an-ange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans fumished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 19-027 Council Approval 2/14/19 CONSULTANT AGREEMENT FOR CONSTRUCTION TESTING AND INSPECTION SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Mayes Testing Engineers, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform construction testing and inspection services in connection with the projects titled Tukwila Safety Plan — Fire Station 51 and Justice Center. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the end December 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 Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020, unless an extension of such time is granted in writing by the City. 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" within the proposal attached hereto, provided that the total amount of payment to the Consultant shall be on a time and materials basis, not to exceed $19,975 for the Fire Station 51 project and $37,100 for the Justice Center project, including all miscellaneous Services. The contract amount will not be changed without express written modification of the Agreement signed by the City. The total contract amount will be $57,075, excluding Washington State Sales Tax. 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. 1 ✓(,//,%~ LS 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Mayes Testing Engineers, Inc. Attn: Timothy G. Beckerie 20225 Cedar Valley Road Suite 110 Lynnwood, WA 98036 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 DATED this ter day of , 20 (1 CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: ity Clerk, rist y O'Flaherty CONSULTANT By: Printed Name: Title: r/n Approved as to Form: Offte of the it ` ttor- ey CA revised : 1-2013 Page 5 t) tiIUI I A MAYES TESTING ENGINEERS, INC. A lferr COMPANY December 6, 2018 Ms. Paige Premselaar Shiels Obletz Johnsen Inc. paigem@sojsea.com Re: Request for Proposal - Construction Testing and Inspection Services City of Tukwila Public Safety Plan Projects Including but not limited to: Fire Station 51 and 52 Project and Justice Center Mayes Testing Engineers Proposal No. 18549T Seattle once 20225 Cedar Wiley toad Su1e110 LyrrMood, WA98036 ph425.7429360 fax 425.745.1737 Tacoma Office 10029 S. Taxrna Way Suite E-2 Taarra, WA98499 ph 253.584.3720 fax 253.5E4.3707 Portland Office 7911 NE 33rd Drive Suite 193 Portland, OR 97211 ph 503281.7515 fax 503.281.7579 Dear Ms. Premselaar We are pleased to submit our qualifications and estimates for the City of Tukwila Public Safety Plan Projects — Fire Station 51 and 52 and the Justice Center. Our firm is known for the experience of our inspectors, our active participation with project teams, and our materials engineering expertise. Please find attached our qualifications and estimates. The point of contact for this RFQ will be: Paul D. Davis, P.E., Office Manager 10029 S. Tacoma Way, Suite E-2 I Tacoma, WA 98499 D (253) 573 9939 I F (253) 573 9959 I M (253) 327 3410 pauLdavis;e,terracon.com We have experience working with members of the project teams including Weinstein A+U, Swenson Say Faget, Lydig Construction, DLR Group, KPFF and BNBuilders. Projects with Weinstein A+U include 2220 East Union, 1012 First Avenue Renovation, and State Hotel Renovation. Projects with Swenson Say Faget include Ballard Park, YWCA Family Village at Issaquah and UW Hall Health Primary Care Center. Lydig projects include Seattle SD Wilson Pacific Middle School, Seattle SD Pinehurst School and GSA Building 7 Structural Renovation. DLR Group projects include Boeing NBF Customer Delivery Center, U Place Phase 1 Building and Beaverton SD Kaiser K5. KPFF projects include SeaTac Airport International Arrivals Facility, Expedia Headquarters Seattle and Third and Lenora Tower. BNBuilders projects include 1818 Fairview Avenue East Life Sciences Building, SEA113 BE Meyers and MultiCare Allenmore Behavioral Health. We can provide a sample certificate of insurance upon request. If you have any questions or if we may be of further assistance, please do not hesitate to call. Thank you for your consideration. Respectfully Submitted, MAYES TESTING ENGINEERS, INC. Timothy G. Beckerle, P.E. Principal Firm Qualifications: Firm Profile, Organizational Structure & Staff Certifications Project Experience Proposed Personnel Fee Proposal: Estimates & Fee Schedule Exceptions Memo uW Ualffications: Fir *moffle Corporate Headquarters 18001 VK 106th 3t. 8ba3OO Olathe, Kansas 00001 14O+Branch Offices Nationwide 4000+Ennp|oyees ENR Top 50 Design Firm Mayes Testing Engineers Mission Statement "We create loyal clients by providing thenwith professional solutions that uband^ Mayes Testing Engineers stands behind our clients by providing professional solu- tions, which include quality inspection, testing and materials engineering nep vioes, that contribute to safe, economical and enduring structures, Mayes Testing Engineers stands behind our employees hyoffering personal growth, continuous training and ereward- ing oamorpathinepmhosaiona|envimn' Mayes Testing Engineers stands for a healthy, growing, profitable company that rewards its employees and supports the community. KNAYES TESTING ENGINEERS PROVIDES PROFESSIONAL SOLUTIONS THAT STAND. Mayes Testing Engineers was founded in 1884 and has offices in Lynnwood, Tacoma and Portland with ocombined staff of over 12Uemployees. |nAugust 2O16.Mayes joined Terrmcon which not only brings additional local Staff to our team, but provides resources ofanational company with over 4U0O employees. Quality service and client satisfaction have helped Mayes Testing Engineers become one nfthe largest and best- known providersofconntructinnqua|ityasnuranonserviconin the Pacific Northwest. Our services indude� Special Inspections Construction Materials Testing Condition Surveys Nondestructive Testing Materials Engineering and Consulting Seismic Welding (Jun|itvAssunanceKQua|ity Control Plans � Our commitment toexcellence includes hiring and retaining the most qualified staff in the industry. Among our manage- ment staff, including ten Professional Engineera, are some of the most experienced materials experts inthe Pacific Nnrth' west. They provide valuable support to the projectbaann.Our project management structure isdesigned toensure clients re- ceive exceUen1cornnnuniradnn.technica|supportandeffnotive cost control for large and srna|| projects from start to finish. Mayes Testing Engineers continues todevelop new and im- proved servicenfnrourdients.VVestrivatoprovide the most cornpetont, knowledgeable inspectors in the field. Our Training Program provides numerous lab and field opportunities tohelp all employees further their skills within the company. Mayes Testing Engineers isproud nfthe client relationships we have built. Our client list includes-, ° � State of Washington Port ofSeattle University of Washington Microsoft Boeing Amazon Portland State University City ofTacoma State of Alaska Kemper Development Many schools and hospitals MAYES TESTING ENGINEERS, INC. ^~` ' A COMPANY C a ;cations: anizationalStructure Mayes Testing Engineers, Inc. has fully accredited laboratories in Washington and Oregon. The firm's principals are full-time Registered Professional Engineers. Project Managers and Inspection Managers have more than 15 years of experience in testing, inspection, and consulting. The firm has materials engineers in welding, concrete, soils, masonry, asphalt, fiber reinforced polymer, and nondestructive testing. To insure high quality and consistent performance, the Quality Control Man- ager performs periodic audits on all inspectors and laboratory personnel. Afundamental element of Mayes Testing Engi- neers' structure is easy access to principals and managers by field personnel and clients. FIRM NAME: Mayes Testing Engineers, Inc. a Terracon Company WEBSITE: www.mayestesting.com FOUNDED: 1984 as Boss Testing, Inc., 1991 as Boss & Mayes Testing Engineers, Inc., 1996 as Mayes Testing Engi- neers, Inc., 2016 merged with Terracon Consultants, Inc. FEDERAL ID: 81-3376917 DUNS: 782464481 WA UBI: 602-362-795 OWNERSHIP STRUCTURE: Terracon is 100 percent employee - owned. No single employee owns more than five percent of over- all company shares. The single largest shareholder is a Terracon employee ESOP program. MAYES TESTING ENGINEERS, INC. ORGANIZATIONAL CHART Mathee, Mayes. PE. President - FIRM LOCATIONS Seattle Office 20225 Cedar Valley Road Suite 110 Lynnwood, WA 98036 Ph: 425.742.9360 Fax: 425.745.1737 mdolder@mayestesting.com Portland Office 7911 NE 33rd Drive Suite 190 Portland, OR 97211-1960 Phone: 503.281.7515 Fax: 503.281.7579 trevor.tickner@terracon.com Tacoma Office 10029 S Tacoma Way Suite E2 Tacoma WA 98499 Phone: 253.584.3720 Fax: 253.584.3707 paul.davis@terracon.com der -lode! Hempel Marketing Ghent Seances Manager Adoerp Marketin g Staff 1 ei DM,ier. F.EEntepai Staff Technicians Manage revor T i %ort am PAa� PE; Chuck Schneider !. acrr.rytor y Manager' Porttnnd Senior Paul Davis. PE Tacoma Branch Mauer er Mark Gordon ay Manger Taco iserguis Aitanucers K hr Portala!,d Inspectors aC O:na Inspectors y 8eckere. P E. Principal Trip Edgerton Business Development MAYES TESTING ENGINEERS, INC. A , an,coma* Firm Qualifications: Staff Certifications MAYES TESTING ENGINEERS, INC. A irV3-.Q,--On COMPANY CONCRETE STEE SIC 1 SI ISCELLANEOUS EMPLOYEE Brett Adam Joe L. Allen Edward Bauman Tim Beckerle Bruce Berger Dave Bernier Andrew Bontrager Shannon Burgess Tom Cain Ahmed Alnazary Tom Callea Danielle Candelaria Raymond Carter Stuart Carter John Chebul Steve Collins Ilir Dardania Paul Davis Heath Defoor Lloyd Detterich John Dizon Keith Dohrman Randy Dohrman Mike Dolder Trip Edgerton Beorn Edmonds Bob Gardner Mark Gordon Kevin Graham Ryan Green Brad Gross Biniyam Hailemariam Carl Harrington Jeffery Helton Kevin Hill Aaron Hisel-Ritz Matt Howey Brody Humphrey lan Janeczko Kelly Johnson ACI Grade 1 WABO - Batch/Placement ICC - Concre WABO - Reinforced Concrete ICC - Prestressed Concrete WABO - Prestressed m Ln c 0 ICC- Structural Steel Ultrasonic Level II Magnetic Particle Level I/II Penetrant Level I/II ICC - Fireproofing WABO - Fireproofing WABO - Fire Resistant Pen WABO Shotcrete ICC -Structural Masonry WABO - Structural Masonry Asphalt Testing Soils Compaction NICET Certificate Soil Bearing Capacity WABO - Lateral Wood Proprietary Anchors Class • WABO - Proprietary Anchors Firm Qualifications: Staff Certifications MAYES TESTING ENGINEERS, INC A 'zz=:"r'n-rz, COMPANY CONCRETE',: STEEL FiP isle CELL.ANEOUS EMPLOYEE Jesse Kane Jim Kay Jacob Keas Alex Keyzers Samuel Larson Joseph Long Nicholas Leede Anas Mandi Zachary Mamlock Marco Martinez Mike Mattox Mike Mayes Joel Morder D. Bruce Morgan Lonny Morrison Samuel Owens Karl Pauly Chris Putnam Zen Revilla Carl Reynolds Patrick Rice Dennis Sanborn David Schmutzler Keenan Schulz Ed Smith Kyle Smith Charles Solway Skip Szurek Carl Tacker Erik Tichenor Barry Tuttle Earl Uy Jeffrey VanBlaricom Aaron VanderPol Mark Vassallo Wally Wagner Jeffrey Ward Craig Williams Todd Wirtz ACI Grade 1 WABO - Batch/Placement ICC - Concrete WABO - Reinforced Concrete ICC - Prestressed Concrete WABO - Prestressed w C 0 U ICC- Structural Steel WABO - Structural U_ N a Ultrasonic Level II Magnetic Particle Level I/II -J v Q. ICC - Fireproofing WABO - Fireproofing WABO - Fire Resistant Penetr WABO Shotcrete tural Masonry U U WABO - Structural Masonry Asphalt Testing Soils Compaction NICET Certificate WABO- Cold -Formed Steel 81 c E LL Soil Bearing Capacity WABO - Lateral Wood Proprietary Anchors Class WABO - Proprietary Anchors SNOHOMISHCOUP! COURTHOUSE RENOVATION Everett, WA REFERENCES: Owner: Snohomish County — Jeff Hencz (206) 499-0747 DATE: 2018 — Present FEES: $313,442 DESCRIPTION: This $72 million project consists of a five level (plus partial basement) structural steel addition totaling 30,214 gross square feet as Phase I. Phase II will consist of the renovation of approximately 47,229 gross square feet of the existing Courthouse which will remain operational during the renovation. PORT OF TACOMA-PIEFt. 4 PHASE 2 REcoH F Tacoma. WA DATE: Sep 2016 — Apr 2018 FEES: $209,294 DESCRIPTION: This $83 million project is part of a $250 million terminal improvement project to strengthen and realign the existing berth to handle new cranes capable of serving ultra large container ships. Scope of work involves demolition, wharf construction, dredging, and construction of a two-story structural steel framed marine building. REFERENCES: Owner: Port of Tacoma — Mike Kisak (253) 383-5841 POS SNAG AIRPCIRT INTERNATIONAL ARRIVALS FACILITY SeaTac, WA DATE: Sep 2017 — Present FEES: $925,870 DESCRIPTION: This $766 million project is a new expanded arrivals facility at SeaTac Airport. The facility includes a multi- level, 450,000 square -foot building located east of the current Concourse A. An iconic aerial walkway spans 900 feet across and 85 feet above the existing taxi lane and connects arriving international passengers from the South Satellite across the top of Concourse A to the new facility. REFERENCES: Owner: Port Construction Services — Sara Mitchell (206) 604-7390 MAYES TESTING ENGINEERS, INC. Project Experience SEATT E OPERA AT T IE CENTER Seattle, WA DATE: Jun 2017 — Present FEES: $163,188 DESCRIPTION: This $60 million project consists of a four-story, 105,000-square-foot facility on the site of the vacant Mercer Arena at Seattle Center. The public will be able to watch rehearsals, see sets assembled and attend community and educational events. A big window along Mercer Street will give passersby a view into the rehearsal and community spaces. REFERENCES: Owner Rep: Shiels Obletz Johnsen, Inc — Mike Tihista (206) 396-9059 WASHINGTON STATE CONVENTION CENTER Seattle, WA DATE: Aug 2018 — Present FEES: $2,242,990 DESCRIPTION: This $1.6 billion project consists 1.5-million square foot addition to the convention center. The schedule will be very fast paced. The buildings are supported on concrete mat footings, large trusses, brace frames and seismic demand critical welding. The concrete floor quality will be critical. The facility incorporates 1,250,000 square feet of convention space and 250,000 square feet of parking and retail in an innovative program including stacked exhibit halls — located both above and below grade — two stacked meeting room levels and an industry leading 60,000 square foot ballroom. The project also includes two adjacent blocks of mixed - use co -development towers to the north, planned as a 542,000 square foot office tower and a 404-unit residential tower. Both rise over street -level podiums with retail opportunities and sit above the convention center's below -grade loading docks. REFERENCES: Owner: Pine Street Group, LLC — Sam Russell (206) 340-9897 t CO P T R E& SCIENCEN IN ERIN�G EXPANSION t Seattle, WA DATE: Jan 2017 — Present FEES: $156,910 DESCRIPTION: This $110 million project consists of a new 5 floor, 135,000 square -foot building. The expansion building features a two-sided curving form that responds to the topography and flow of campus circulation. The site design reaches beyond the boundaries of the building with a shared plaza, improving pedestrian connections across Stevens Way and embracing the Mechanical Engineering and Civil Engineering buildings to either side. REFERENCES: Owner: University of Washington — Bryan Elion (206) 897-1868 MAYES TESTING ENGINEERS, INC. Our proposed team has extensive experience with on -call testing projects, successfully completing hundreds of projects. The varied and complex nature of this project requires expertise in every facet of construction. PROJECT MANAGER — Dennis Sanborn We propose Dennis Sanborn as the Project Manager. Mr. Sanborn has 28 years of inspection experience. He holds WABO licenses for all inspection disciplines and has extensive soils and asphalt testing experience. He has successfully managed several public projects including SeaTac Airport, Rental Car Facility, Pierce Transit Parking Garage, Tacoma Art Museum, Tacoma Community College Expansion and Southcenter Mall Parking Garages. He will provide preconstruction services, coordinate inspections, provide cost management and technical support as well as coordinate project closeout services. Education: Reinforced Concrete I & II, Structural Steel I & II, Seattle Central Community College Registrations/Certifications: WABO Certified Inspector In: Reinforced Concrete, Prestressed Concrete, Structural Steel and Bolting, Structural Welding, Spray Applied Fireproofing, Shotcrete, Structural Masonry, Proprietary Anchors WABO Certified Field Supervisor for Reinforced Concrete, Prestressed Concrete, Spray Applied Fireproofing, Shotcrete, Structural Masonry, Proprietary Anchors ICC Certified Inspector In: Reinforced Concrete, Prestressed Concrete, Structural Steel/Welding, Spray Applied Fireproofing, Structural Masonry ACI Certified Level I Concrete Field Inspector Troxler Certified for Nuclear Densometer LEAD INSPECTOR — Carl Tacker Our proposed Lead Inspector for these projects is Carl Tacker. Mr. Tacker has 27 years of experience in the welding and structural steel industry with extensive knowledge of all aspects of steel fabrication and construction. He possesses great problem solving abilities. Projects he has worked on include POS SeaTac International Arrivals Facility, Port of Tacoma Pier 4 Phase 2 Reconfiguration, Boeing Renton Bldg 4-86 Dinol Booths, MultiCare Allenmore Behavioral Health, and Southport Office Buildings. He is responsible for materials testing and inspection, report preparation and communication with the project team. References: Boeing — Russ Bates (206) 218-9475 russell.h.bates@boeing.com Boeing — Katrina Toole (206) 651-1694 katrina.m.toole@boeing.com Boeing — Oana Wilson (206) 259-1005 oana.o.wilson@boeing.com Registrations/Certifications: WABO Certified Inspector in: Reinforced Concrete, Structural Steel and Bolting, Structural Welding, Proprietary Anchors ICC Certified Inspector in: Reinforced Concrete, Structural Steel/Bolting, Structural Welding AWS/CWI Certified Welding Inspector, No. 07110471 ASNT Level II Certified UT and MT MAYES TESTING ENGINEERS, INC. The below estimate for the Fire Station 51 project is based on review of the 60% CD Set dated 11/1/18. A detailed construction schedule was not available for our review. Additionally, documents for Fire Station 52 were not available. We assume that Station 52 will be of similar construction to Station 51 and therefore the estimate for Station 51 can be used as a ROM cost for Station 52. Once additional information becomes available it would benefit the City of Tukwila to provide us the opportunity to review and revise these estimates based on the updated information. We assume all soils related testing and inspection will be performed by the geotechnical engineer of record. We assume structural steel members will come from a local Puget Sound or Portland area fabrication shop. Tukwila Fire Station 51 Testing and Inspection Services Mayes Testing Engineers, Inc. Cost Estimate No. 18549T Estimated No. Item of Units Extended Unit Price Total Inspection Services Reinforced Concrete Inspection Foundations: Estimate 4 Slabs on grade: Estimate 3 Misc/Sitework: Estimate 4 inspections at 4 inspections at 4 inspections at 4 44 Hours hours per inspection hours per inspection hours per inspection 75.00 /hr 3,300.00 Cold Form Metal Framing Inspection 16 Hours 75.00 /hr Estimate 4 inspections at 4 hours per inspection Masonry Veneer Inspection Estimate 4 inspec tions at 5 hours per inspection Structural Steel Fabrication Inspection Estimate 5 inspections at 4 hours per inspection Structural Steel Erection Inspection Estimate 10 inspections at 8 hours per inspection Ultrasonic Testing Estimate 5 inspections at 4 hours per inspection Project Management (Includes meetings, site visits, report review, mix design review, and misc. consultation) Laboratory Services Concrete Compressive Strength Cylinder Test Miscellaneous Services Cylinder Pick-up Mileage Secretarial Services (Types reports, mail, postage, etc.) 1,200.00 20 Hours 75.00 /hr 1,500.00 20 Hours 90.00 /hr 1,800.00 80 Hours 90.00 /hr 7,200.00 20 Hours 95.00 /hr 1,900.00 15 Hours 105.00 /hr 1,575.00 60 Each 25.00 ea 1,500.00 Total Estimated Costs: No Charge No Charge No Charge $19,975.00 A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. This estimate is valid for 90 days. AYES TESTING ENGINEERS, INC. The below estimate for the Justice Center is based on review of the plans dated 10/5/18. A detailed construction schedule was not available for our review. Once additional information becomes available it would benefit the City of Tukwila to provide us the opportunity to review and revise these estimates based on the updated information. We assume all soils related testing and inspection will be performed by the geotechnical engineer of record. We assume structural steel members will come from a local Puget Sound or Portland area fabrication shop. Item Tukwila Justice Center Testing and Inspection Services Mayes Testing Engineers, Inc. Cost Estimate No. 18549T Estimated No. Extended of Units Unit Price Total Inspection Services Reinforced Concrete Inspection Foundations: Estimate 6 inspections at 4 hours per inspection Resteel: Estimate 5 inspections at 4 hours per inspection Slabs on grade: Estimate 4 inspections at 4 hours per inspection Slabs on deck: Estimate 4 inspections at 4 hours per inspection Misc/Site: Estimate 5 inspections at 4 hours per inspection 96 Hours 75.00 /hr 7,200.00 Structural Steel Fabrication Inspection 40 Hours 90.00 /hr 3,600.00 Estimate 10 inspections at 4 hours per inspection Structural Steel Erection Inspection 200 Hours 90.00 /hr 18,000.00 Estimate 5 weeks 40 hours per week Ultrasonic Testing 20 Hours 95.00 /hr 1,900.00 Estimate 5 inspections at 4 hours per inspection Baseplate Grout Inspection 8 Hours 75.00 /hr 600.00 Estimate 2 inspections at 4 hours per inspection Project Management (Includes meetings, site visits, report review, mix design review, and misc. consultation) 30 Hours 105.00 /hr 3,150.00 Laboratory Services Concrete Compressive Strength Cylinder Test Grout Compressive Strength Test 100 Each 6 Each 25.00 ea 25.00 ea 2,500.00 150.00 Miscellaneous Services Cylinder Pick-up No Charge Mileage No Charge Secretarial Services (Types reports, mail, postage, etc.) No Charge Total Estimated Costs: $37,100.00 A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. This estimate is valid for 90 days. AYES TESTING ENGINEERS, INC. P2 Fee Schedule MAYES TESTING ENGINEERS, INC. A Ilf,t ,?Cd: COMPANY INSPECTION SERVICES Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Shotcrete, Augercast Grout, Grout, Batchplant) Post Tension Concrete Inspection (includes placement and stressing) Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) Masonry Inspection (Includes cmu and brick veneer) Lateral Framing Inspection (includes wood and light gauge) Seismic Resistance System Inspection Fiber -Reinforced Polymer Inspection Fireproofing Inspection Laboratory Technician Lead Inspector Structural Steel/Welding Inspection (includes bolting) Non -Destructive Testing Dye Penetrant Testing Magnetic Particle Testing Ultrasonic Testing LABORATORY SERVICES Concrete Testing Concrete Absorption, Unit Weight and Moisture Content Test Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking and report) Concrete Compressive High Strength Cylinder Test (over 10,000 psi) Concrete Core Compressive Strength Test (includes trimming and testing) Shotcrete Panel Test (includes 4 cores) Voids and Density of Hardened Concrete Test (ASTM C642) Masonry Testing Masonry Drying Shrinkage Test (set of 3) Masonry Grout or Mortar Compressive Stength Test Masonry Prism Test (grouted or ungrouted) Retaining Wall Unit Absorption Test 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 85.00 /hour 90.00 /hour 90.00 /hour 95.00 /hour 95.00 /hour 95.00 /hour 45.00 each 25.00 each 30.00 each 66.00 each 160.00 each 75.00 each 300.00 each 25.00 each 110.00 each 45.00 each 80.00 each 80.00 each 105.00 each 135.00 /hour 80.00 each 175.00 /hour 175.00 /hour 140.00 /hour 105.00 /hour 105.00 /hour LABORATORY SERVICES Miscellaneous Testing Fireproofing Density Test Tensile Test on Coupon Assembly (with slippage #3 - #9) Tensile Test on Coupon Assembly (with slippage #10 - #18) Universal Test Machine & Operator Weld Fracture Test ENGINEERING SERVICES NDE Level III Consultation Principal Engineer Staff Engineer (includes Pachometer Testing, Floor Flatness Testing, Impact Echo Testing, Load Testing & Moisture Emissions Testing) Engineering Technician Project Manager Mileage (charged only outside our regular service area) Subsistence (lower 48 states) Reimbursable Expenses (commercial travel, rentals, consumables, etc.) Subconsultants 0.65 /mile Federal GSA Rate Cost + 15% Cost + 15% *A four hour minimum charge applies to all inspections. Overtime rate of 1.5 times the regular rate applies to all work performed outside of normal working hours, weekends and holidays. Exceptions TO: The City of Tukwila FROM: Terracon Consultants, Inc. DATE: November 28, 2018 RE: Request for Proposal Construction Testing and Inspection Services — Fire Station 51 and 52 Project and Justice Center Terracon Consultants, Inc. ("Terracon") has reviewed the Consultant Agreement for Services provided by the City of Tukwila ("City") as part of the RFP, and respectfully requests the following modifications: 1. Section 7 Indemnification — please revise the section as follows: 7. Indemnification. The Consultant shall indemnify and hold the City. its officers, officials, and employees harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees and costs of defense._ to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Terracon's professional liability insurance covers claims that result from any negligence and errors or omissions to the extent committed by our professionals. Requiring an indemnification which is not limited to negligence or willful acts is beyond what is covered by Terracon's Professional Liability insurance and would expose Terracon to the potential of uninsurable claims. By making the requested changes, Terracon ensures that its Professional Liability insurance will be available in the unlikely event of a claim, which benefits both Terracon and the City. Additionally, the carrier under the Professional Liability policy does not provide coverage for an upfront defense obligation due to the requirement of the engineering professional to provide a defense regardless of whether or not it was determined to be liable. Terracon requests to have the affirmative defense obligation restated as a calculation of defense costs as part of the overall damages. This avoids the situation where Terracon is required to take on the City's litigation costs in the event Terracon is ultimately determined not at fault. The remainder of the terms are acceptable. Terracon's agreement to perform the services requested in this Agreement is not contingent upon the City's acceptance of each requested modification. Terracon is willing to enter in to good faith negotiations regarding these terms and conditions. Any questions or concerns regarding these requested changes can be directed to Anish Patel at anish.patel@terracon.com or by phone at (913) 202- 7558. 10841 S. Ridgeview Road, Olathe, KS 66061