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Home My WebLink AboutPS 2019-05-20 Item 2B - Public Safety Plan - Contract Amendment #4 for Fire Station 52 Stormwater Detention Vault Design with Weinstein AU29013 Administrative Services Department- Rachel Bianchi, Deputy City Administrator INFOR ATIONAL E ORANDU Allan Ekberg, Mayor TO: Public Safety Committee FROM: Rachel Bianchi, Deputy City Administrator BY: Justine Kim, Senior Project Manager, Shiels Obletz Johnsen, Inc. CC: Mayor Allan Ekberg DATE: May 17, 2019 SUBJECT: Public Safety Plan — Fire Station 52 Project No. 90830405, Contract 17-068 Weinstein Architectural Design & Planning Amendment No. 4 ISSUE Execute contract amendment No. 4 to provide Stormwater Detention Vault Design, Shoring and Retaining Wall Design and an Inadvertent Discovery Plan for Public Safety Plan - Fire Station 52. BACKGROUND In April 2017, the Council approved an initial not to exceed contract for design services with Weinstein AU in the amount of $2,089,717.00. This is well within the combined design budget for the three stations of $3,275,000.00. In September 2018, Council approved Amendment No 1. for $395,537.00 due to modified budgets, and eliminated FS 54 from Weinstein AU contract. In December 2018, Council approved Amendment No 2 for $383,462.00, for design of the driveway. In April 2019, Council approved Amendment No 3 for $20,950, for acoustical analysis and final driveway design, bringing the new contract amount to $2,889,666. FISCAL IMPACT Amendment No. 4 is in the amount of $20,840 ($5,250 + $6,670 +$8,920). The amount is well within the project budgets. The following table shows the original contract amount, all previous amendments, the new contract amount, the owner's contingency and the total. The Project Management Quality Assurance (PMQA) consultant has reviewed these documents and provided his concurrence. Original Contract Amount — $2,089,717.00 Amendment No. 1 $395,537.00 Amendment No. 2 $383,462.00 Amendment No. 3 $20,950.00 Amendment No. 4 $20,840.00 New Contract Amount $2,910,506.00 Owner Contingency (10%) $2,084.00 Contingency from Amendment No 3 $6,285.00 Total $2,918,875.00 RECOMMENDATION The Council is being asked to approve Weinstein AU's Amendment No. 4 to Contract No. 17-068 in the amount of $20,840 and to consider this item at the June 3, 2019 Regular Meeting Consent Agenda. ATTACHMENTs Weinstein AU contract amendment, scope of work and fee W:12019 Info Memos1Weinsteln Amd 4.docx 79 80 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-068(d) CONTRACT FOR SERVICES Amendment No. 4 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning 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 $2,910,506 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $20,840. ($5,250 + $6,670 + $8,920). All other provisions of the contract shall remain in full force and effect. Dated this day of , 2019 CITY OF TUKWILA WEINSTEIN AU, LLC Allan Ekberg, Mayor By: Printed Name: Title: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 81 82 El STE! A+U ARCHITECTS + URBAN DESIGNERS May 1, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations —F552 Stormwater Detention Vault Design Dear Justine: Additional Services Request 25 requests additional fee to cover the design of the cast -in -place concrete stormwater detention vault on the FS52 site. The design of these vaults is usually delegated to the subcontractor responsible for the work, but the tight schedule of this project demands earlier design and permitting of this scope. Swenson Say Faget, the structural engineer for the project, has agreed to design the vault. Please refer to the attached proposal for more detail on their scope of services. WAU fees include the coordination of SSF's work. Fee requested for the above services is as follows: Task Description SSF Structural Engineer Weinstein A&U Architect Total Additional Service 25 $4,500.00 $300.00 $4,800,00 10% Markups $450.00 $0 $450.00 AS 25 subtotals $4,950.00 $300.00 $5,250.00 As this work will be included in the first phase of permitting for F552, which has a critical review timeline, we will be releasing SSF to proceed with this work immediately. We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in Contract Amendment 4. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAtl.com T 206 4.43 8606 F 206 443 1218 83 84 Swenson Say Faget STRUCTURAL ENGINEERING Proposal for Additional Services TO Emma Nowinski Weinstein A+U 2200 Western Ave, Suite 300 Seattle, WA 98121 DATE April 17, 2019 PROJECT Tukwila Fire Station 52 Detention Vault PROJECT NO. BY Dan Morrow This letter serves as our proposal to provide additional structural engineering consultation services for the design of the proposed storm water detention vault at the proposed new Tukwila Fire Station 52 site in Tukwila, Washington. The project scope involves design of an approximately 60' x 40' concrete vault structure that would be adjacent to visitor and administrative parking on the southeast side of the site. The structural scope of work would involve design of the concrete vault structure based on the basic vault configuration provided by the project's civil engineer and on the soil parameters provided by the project geotechnical engineer. It is anticipated that the vault structure would be cast in place concrete walls and floor and precast, pretensioned concrete planks for the vault roof structure. We would provide CAD drafted structural framing plans along with related details for inclusion in the project drawings. We would also provide structural calculations for the work for permit submittal. It is anticipated that this work would be part of an early site development permit for the project. Construction administration services for this portion of the work are included in our proposal and would include the review of submittals and shop drawings, answering contractor questions, and visiting the site, if necessary, for periodic observation. Based on the scope of work outlined above, we propose our structural consulting work on an hourly not -to - exceed basis. We estimate that a fee of $4,500 will be required for the work. This is an estimate only for budgetary purposes based on the current plans and scope however we will not exceed this fee without prior approval of Weinstein A+U and the owner. Limit of liability and other contract particulars are as given in the original memorandum of professional engagement for the project. If this proposal is acceptable please sign this letter indicating that you have read and agreed with it. If you authorize us to proceed prior to receiving a signed copy, we will do so, assuming agreement with this document. We look forward to our continued work with you on the project. Regards, Dan Morrow, PE Principal Swenson Say Faget For Weinstein A+U 2124 3Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 85 86 El STEI A+U ARCHITECTS + URBAN DESIGNERS May13,2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS52 Inadvertent Discovery Dear Justine: Additional Services Request 26 requests additional fee to cover the services of an Environmental Scientist (ESA) to prepare an Inadvertent Discovery Plan for the Fire Station 52 construction phase. ESA has proposed to develop the plan and lead an orientation with the Contractor and any other parties involved in site work for a set fee. They have also included a not -to - exceed contingency in the event that something is discovered on site, which will enable them to move quickly to assist the contractor without having to request extra fee beforehand. Please refer to their attached proposal for more detail. WAU fees include the coordination of ESA's work, both in the development of their plan and in the event a discovery is made on site. Fee requested for the above services is as follows: Task Description ESA Environmental Scientist Weinstein A&U Architect Total Additional Service 26 Proposed Fee $1,700,00 $500.00 $2,200.00 Contingency $3,000.00 $1,000.00 $4,000.00 10% Markups $470.00 $0 $470.00 AS 26 subtotals $5,170.00 $1,500.00 $6,670.00 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 4. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAtl,com T 206 443 8606 F 206 4431218 87 88 Jt, _At 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206,789.9658 phone 206,789,9684 fax City of Tukwila Fire Station 52 Project Cultural Resources Services Scope of Work (May 10, 2019) wwmesassog.corn Project Description: On behalf of the City of Tukwila (City), Weinstein A+U is proposing to develop a fire station, located at 15447 65th Avenue South, in the City of Tukwila, in King County. The proposed project consists of constructing a two-story fire station building to include administrative offices, apparatus bay, and support spaces, as well as an entryway, parking, driveway, and a memorial garden. The project is subject to the State Environmental Policy Act (SEPA) and a SEPA checklist has been prepared. Weinstein A+U/City has requested cultural resources services for the proposed project to meet SEPA requirements. Scope of Work: The Scope of Work to be conducted by ESA includes three (3) tasks: Task 1: Inadvertent Discovery Plan (IDP). ESA will prepare an inadvertent discovery plan (IDP) for City personnel and contractors to use during construction of the Project. This assumes the SEPA Responsible Official will not require archaeological monitoring or a preconstruction survey. Deliverables: Inadvertent Discovery Plan (draft and final; submitted as pdf) — one round of edits on draft. Budget: $1,400 flat fee Task 2: Orientation with Contractor. ESA will conduct one pre -construction orientation onsite in Tukwila with the construction project manager, contractor, and leads of any subcontractors that will be engaged in ground disturbing work. The orientation is expected to last approximately 30 minutes; scheduling and travel are included. Deliverables: Meeting attendance. Budget: $300 flat fee Task 3: Inadvertent Discovery Assistance (Contingent). Task 3 is an IDIQ (not to exceed $3,000) to assist in the event of an inadvertent discovery. Use of funds for Task 3 will require notice to proceed (NTP) from Weinstein A+U/City, and will be billed on a time and materials basis. Additional services in excess of $3,000 will require an amendment to the contract. Task 3 will be used as a contingency in the instance of inadvertent discoveries only. If no inadvertent discoveries are reported, then no funds will be used from this task. Schedule: Schedule will be determined once NTP has been received. Budget: $3,000 (contingent) Cost Proposal: ESA estimates that the sum of $1,700 will be required to complete Tasks 1 and 2 as described above; an additional $3,000 is proposed as a contingency in Task 3. Extra services will be initiated by ESA only after agreement by both ESA and Weinstein A+U/City concerning revisions to the scope of work and additional compensation, if necessary. 89 90 El STE A+U ARCHITECTS+ URBAN DESIGNERS May 1, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations —F552 Shoring and Retaining Wall Design Dear Justine: Additional Services Request 24 requests additional fee to cover the design associated with the shoring and retaining walls on the FS52 site. The design of these elements is usually delegated to the subcontractors responsible for the work, but the tight schedule of this project demands earlier design and permitting of this scope. Swenson Say Faget, the structural engineer for the project has agreed to design the shoring walls and WAU has enlisted Robinson Noble to design the concrete block retaining walls. Please refer to the attached proposals from both firms for more detail on their respective scopes of services. WAU fees include the coordination of both subconsultants' work. Fee requested for the above services is as follows: Task Description SSF Structural Engineer Robinson Noble Geotechnical Engineer Weinstein A&U Architect Total Additional Service 24 $5,000.00 $2,200.00 $1,000,00 $8,200.00 10% Markups $500.00 $220.00 $0 $720.00 AS24subtotals $5,500.00 $2,420.00 $1,000.00 $8,920.00 As this work will be included in the first phase of permitting for FS52, which has a critical review timeline, we will be releasing SSF and Robinson Noble to proceed with this work immediately. We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in Contract Amendment 4. Sincerely. Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 Wein.steinAU.com T 206 443 8606 F 206 443 1218 91 92 Swenson Say Faget STRUCTURAL ENGINEERING Proposal for Additional Services TO Emma Nowinski Weinstein A+U 2200 Western Ave, Suite 300 Seattle, WA 98121 DATE April 17, 2019 PROJECT Tukwila Fire Station 52 Site Shoring PROJECT NO BY Dan Morrow This letter serves as our proposal to provide additional services for the design of permanent site shoring walls for soil excavation and construction of the proposed new Tukwila Fire Station 52 and adjoining fire station apron and parking areas. This proposal is based on project team discussions of the site and wall construction strategies and architectural and civil site and grading plans. The permanent shoring would consist of a section that would also serve as the north wall of the new station structure and a section that would shore excavation cuts for fire station parking on the west side of the building. Shoring at the building would retain up to approximately 12 feet of soil and up to 15 feet would be retained at the west parking area. Based on the anticipated excavation depths, the shoring will consist of cantilevered soldier pile shoring and possible cantilevered soldier pile with tie -backs. The tied -back shoring may be required depending on actual excavation depth and surcharge loading due to adjacent roadway, etc. The current geotechnical report for the site included site shoring design recommendations including design soil pressures and other recommended shoring design parameters and it appears that the report contains all necessary infonnation for design purposes. Our scope of work includes the structural design for the shoring systems along with drafted construction documents. We will also provide stamped structural calculations for building permit submission. It is anticipated that site shoring would be part of an early site development permit submittal. We will coordinate our design with civil and architectural designs as required. This proposal assumes that we will be provided with a topographical survey drawing showing all buried and overhead utilities so these elements can be shown on the shoring plan and located in shoring elevations. Construction administration services for this portion of the work are included in our proposal and would include the review of submittals and shop drawings, answering contractor questions, and visiting the site, if necessary, for periodic observation. Based on the scope of work outlined above, we propose our structural consulting work on an hourly not -to - exceed basis. We estimate that a fee of $5,000 will be required for the work. This is an estimate only for budgetary purposes based on the current plans and scope however we will not exceed this fee without prior approval of Weinstein A+U and the owner. Limit of liability and other contract particulars are as given in the original memorandum of professional engagement for the project. If this proposal is acceptable please sign this letter indicating that you have read and agreed with it. If you authorize us to proceed prior to receiving a signed copy, we will do so, assuming agreement with this document. We look forward to our continued work with you on the project. Regards, 2124 3rd Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 93 Tukwila FS52 Site Shoring Page 2 Dan Morrow, PE Principal Swenson Say Faget For Weinstein A+U 2124 3rd Ave, Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 94 ROBINSON NOBLE 4oh|1O 3018 Ms. Emma NowinSki Weinstein A+U 22QOWestern Avenue, Suite #301 Seattle, Washington 88121 This agreement is between Weinstein A + U (Client) and Robinson Noble, Inc. (Consultant), for g8OteohniC8|engineering endConaultotinDforthe projectloCated at63OOSDuthcen18r Boulevard, Tukwila, Washington. Project Description The site is currently developed with an asphalt -covered parking lot with landscaping,\&e understand the site will be regraded to accommodate a fire station and associated parking.Part ofthe regrading will consist offilling inepond near the approximate center ofthe Mechanically stabilized earth (MSE) retaining Vva||s with block facing approximately 4to 8-feet high are planned tosupport the proposed driv8oiS|gsandparkiOg,Thevva||ovyi||befacingcuta oOthe north side ofthe site and fill cmthe south side ofthe site and west ofthe filled -in pond. You have requested we provide design services for the MSE walls, including typicalvyaU dStai|S, specifications and calculations. The walls will be faced with either Be|oe[d Anchor Diamond Pro or Basalite Geowall Plus. We have extensive experience in designing MSE walls using the Basalite Geowall Pro with Stratagrid and have designed tens of thousands of square feet ofwalls inthe Puget Sound area, The stamped details and specifications will beincluded in the civil engineer's plans to augment the plan sheets that show the wall height and locations. For our use iO preparingthis proposal you have provided Uswith 3 topographicsurvey bvBush, � Roed&Hitohingedated yMay 21,2018,agrading plan LPID dated March 21,2O1Band a geotechnical engineering design report by Hart Crowser dated October 11, 2018. The geoteohniCa|report provides recommendations for wall design including the equivalent fluid weight ofthe undisturbed soil and bedrock for the active, @t'Feet,passive and short-term seismic conditions. Scope VƒWork The scope of services tob8provided byRobinson Noble, Inc. iafor Qeotechnica|engineering services, Our design and details will be based on LPD's 100% Design Development plans, Our services will include the following: = Review available geoteDhnica|data for the project. ° Prepare design for the planned MSEvvaUa, IN Prepare construction profile drawings for the MSE walls. 2105 South Street Tacoma, Washington 98402 l7nes13nmAvenue NE, Suite 1ox Woodinville, Washington 98072 95 Tukwila Fire Station Walls TUkvvUa, Washington April16, 2018 Page 2 of 2 Services Agreement Our services will bg idadine000rdunoevvidlourTERMSAN[)CDND|T|ON3.vvhiohana attached to this services agreement. The cost of our services for the retaining wall design tasks described above will beTwo Thousand Two Hundred Dollars ($2.200), based on our understanding Ofthe project 8ndtheoOndhionooudinedjnthianoppe./\nyedditione|S8rViOes will be provided on a time and expense basis in accordance with our GENERAL FEE SCHEC)ULE. This 8StiFnet8 will remain valid for 80 days from the date ofthis scope, We appreciate the opportunity to submit this agreement and are looking forward to working with you onthis project. |fthis agreement meets with your approval, pleasesign inthe spaces provided below and return one copy ofthis agreement 1Oserve aayour authorization for Ds to prooeed. The parties hereto execute this Agreement by signature of their respective authorized officers or representatives. Si Robinson Noble, Inc. C|ient/DvYnerAuthmizod Signature Rk:kB. Powell, PE Principal Engineer / \ Iq Dote: � ` ~~ / ` ' Date: (typed or printednonle) Billing Address Phone No, Attachments: General Fee Schedule and Terms and Conditions 96 Robinson Noble, Inc. FROB(NS(—)N~ NOBLE General Fee Schedule januan/1'2O19 Professional Positions Fee per Hour Principal Engineer, HydvoOeo|o3istorEnvironmental Scientist Associate Engineer, Hydrogoo|ogbtcvEnvironmental Scientist Senior Engineer, Hydrogao|ngiotorEnvironmental Scientist Senior Project Engineer, Hydrogoo|ogistorEnvironmental Scientist Project Engineer, Hydnogoo|ogiotorEnvironmental Scientist Staff Engineer, Hydrogao|mgiotorEnvironmental Scientist Senior Field Staff Field Staff Legal Support/Expert Witness Sen/ioea[Testinnony $787 $171 $146 $126 $113 $102 $93 $80 l5O96ofabove rates Support Positions Senior G|S/C4OSpecialist Senior Technician Senior Administrator G/S/CADSpedoUat Technician Administrator Clerical Support $95 $95 $83 $83 $83 $72 $72 Other Fees and Costs Subcontracts/ Professional services Management Fee Outside laboratory services Construction subcontracts Other Costs Travel (auto) Travel (other) Per diern � Other direct expenses Field and |abooatorytesdng/equipmont rental 1596 15Y6 15% $O.84/mi|e Cuat+1OY6 Prevailing State rate +lO96 Coat+lOV6 See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions, Robinson rates effective January 1,2019 97 Geotechnical Field and Labo'ratory Testing Schedule Test Fen Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Perdoy $250 Direct Shear Point $200 K8oiotune'OenoityRo|mhonohip Curves: Each 7 pt$J20 Each Multiple ptu8225 Sieve Analyses (Grodotiona-WetSieve) Each $150 Bulk Sieve (if gravelly nr>1[Ub) Add $70 200VVanh Each $80 Hydrometer Analysis Each $175 Falling Head Permeability Each $165 AtmrbergLimitu Each $220 (Liquid Limit and Plastic Limit) Moisture Content Each $12 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4'poirtGauge Day $300 Hand Auger Per day Q50 Consolidation Test Incremental Loading Shelby Tube Extrusion/Sample Description Single -Ring Infiltrometer $550 $5O/oachadditional load This fee schedule is subject to change according ocontract orProfessional Services Agreement conditions, Robinson Noble, Inc. rates effective January t2D19 98 TERMS AND CONDITIONS 1. Protect and Relationship of the Parties: Client engages Consultant to perform the professional services as described in the scope of work, herein re- ferred to as the "Project,' to which these Terms and Conditions are attached. Consultant's services under this Agreement include only those specified in the scope of work, Client expressly releases any claim against Consultant relating to any additional services that Consultantrecommended, but that Client either did not authorize or instruct Consultant not to perform. Consultant may retain subcontractors for Client as Consultant considers necessary for services not pro- vided by Consultant. Any other assignment or transfer of an interest in the Agreement by either party without the written consent of the other shall be void, This Agreement shall inure to the benefit of and be binding upon the successors, assigns, and legal representatives of each of the parties hereto. This Agree- ment shall become effective when signed by Client. This Agreement constitutes the full and only agreement between the parties, there being no promises, agreements of understandings, written or oral, except as herein set forth and this Agreement supersedes all prior agreements or understandings regarding this Project, 2, Changes in Project: Client may request changes in the Project's scope of work. Any such changes, including a change in Consultant's compensation or time of performance will be incorporated in written amendments to this Agreement, No change will be effective unless it is in writing and signed by Client and Consultant, or if made orally, confirmed by the parties in writing within 15 days. 3. Payment: Consultant will perform the Project for an estimated cost as specified in scope of work, A cost estimate or "not -to -exceed" limitation indicates that Consultant will not invoice fees and expenses in excess of the estimate or limitation amount without obtaining Client's agreement to do so, but is not a guarantee that the services will be completed for that amount. For circumstances involving changed conditions not foreseeable by Consultant at the time of execution of this Agreement, or if additional time and/or expenses are required to fulfill the Project's scope beyond the estimate, additional charges will be invoiced. Payment by Client for professional services and expenses provided by Consultant shall be based on the Fee Schedule in effect at the time of the invoice date, The fee schedule in effect as of the date of this Agreement is attached. Certain projects may require payment of a retainer depending on the value of professional services, expenses, and subcontracts. 4. Payment Conditions: Consultant shall periodically submit invoice(s) for this Project and/or other previously contracted projects, Client shall pay each in- voice promptly upon receipt. If Client objects to all or any portion of any invoice, Client shall so notify Consultant within seven (7) days from the date on the invoice, give reasons for the objection, and pay that portion of the invoice that is not in dispute. Client shall pay an additional monthly interest charge of one and one half percent (1.5%) or the maximum percentage allowed by law, whichever is less, of any undisputed amount of all account balances remaining un- paid for more than thirty (30) days from the date of receipt of the invoice. If an invoice is not paid within thirty (30) days, a late fee of $150 shall be assessed. In the event that an invoice for payment for this Project and/or other previously contracted projects remains unpaid for thirty (30) days from the date of invoice, Consultant has the right to cease performance of the services contracted herein, Consultant will not incur any liability for damages of any type or nature due to the delay of the Project as a result of justifiably stopping performance of services due to the failure of the Client to pay for services, In the event Consultant brings legal action against Client for unpaid invoice amounts, the prevailing party shall be entitled to recover lien fees, attorney's fees, court costs, arbitration costs and other related expenses. 5, General Client Responsibilities: Client shall provide complete and accurate information regarding its requirements for the Project and circumstances known to Client that would hinder or make more difficult or expensive Consultant's performance than would ordinarily be expected. Client shall furnish any required information and services and shall render approvals and decisions expeditiously. If Client observes or otherwise becomes aware of any fault or defect in the Projector in the performance of Consultant's services, Client shall give prompt written notice thereof to Consultant, Failure of Client to provide such written notice, however, shall not excuse Consultant of any performance deficiency or breach, nor eliminate its liability hereunder. 6. Permission to Access Subject Propertylies): If Client is the owner of the subject property, Client expressly gives permission for Consultant to access the subject property for the purposes of conducting the Project. If Client is not the owner of the subject property, Client shall provide documentation accept- able to Consultant that provides permission to access the subject property for the purposes of conducting the Project, Consultant will take reasonable precau- tions to minimize damage to the land or utilities from use of equipment, but Client understands that use of exploratory equipment may cause some damage and that correction of such damage is not part of this agreement, Securing permission for installing soldier piles, tieback anchors, or soil nails into adjoining properties of the project site will be Client's responsibility. Client will be responsible for obtaining permission to cross property lines with an open excavation: 7. Changed Conditions: If Consultant discovers conditions or circumstances that it did not contemplate ("Changed Conditions") at the time of this Agree- ment, it will give Client written notice of the Changed Conditions. Client and Consultant will then negotiate an appropriate amendment to this Agreement within 30 days after the notice. This includes delays beyond the control of Consultant. 8. Ownership of Hazardous Waste: Consultant will not create or contribute to the creation or existence of hazardous waste or hazardous substances as those terms are defined under the Model Toxic Control Act, Comprehensive Environmental Response Compensation and Liability Act, and the Resource Con- servation and Recovery Act ("Hazardous Wastes"). In the performance of the services, Consultant will not assume the obligations or liability as the generator, owner, operator, or arranger for the treatment, storage or disposal of Hazardous Wastes under the Model Toxic Control Act, the Comprehensive Environ- mental Response Compensation and Liability Act, and the Resource Conservation and Recovery Act, or any other state or federal statute regulating the han- dling of Hazardous Waste. Consultant will not arrange or otherwise be responsible for the disposal of any Waste associated with the services, either directly or indirectly through its subcontractors or others. 9, Samples: All soil, rock, water and other samples obtained from the Project site(s) are Client's property. Unless other arrangements are mutually agreed upon in writing, or unless otherwise required, Consultant will preserve, or make arrangements to preserve, such samples for no longer than 30 calendar days following the issuance of Consultant's report to Client or the specific phase relating to the samples has been deemed as concluded by Consultant. Upon re- quest, Consultant will deliver samples to Client with shipping charges collected on delivery or Consultant will store them for Client for an agreed upon charge. 10. Biological Pollutants: Unless specifically referenced in the scope of work, Consultant's scope of work does not include the investigation or detection of the presence or absence of any Biological Pollutants. The term"Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and the byproducts of any such biological organisms. Client agrees that Consultant will have no liability for any claim regarding bodily injury or property dam- age alleged to arise from or be caused by the presence or exposure to any Biological Pollutants. Client will defend, indemnify, and hold Consultant harmless from any third -party claim for damage alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants, except for damages aris- ing from or caused by Consultant's sole negligence. 11, Insurance: Consultant hereby agrees to maintain the following insurance: comprehensive general liability insurance in the amounts of $1,000,000 per oc- currence and $2,000,000 aggregate; automotive liability insurance in the amount of $1,000,000; and Workers' Compensation Coverage within statutory limits. Consultant waives subrogation against Client as to said policies. 12, Indemnity: Subject to the terms and limitations of this Agreement, Consultant will indemnify and hold harmless Client, its shareholders, officers, direc- tors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and defense costs) and other losses (collectively "Losses") only to the extent caused by the Consultant's negligence in the performance of this Agreement. Client will indemnify and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, licensed professionals, employees, and agents (collectively "Consultant Entities") from and against any and all Losses except to the extent caused by the sole negli- gence of Consultant Entities. Client and Consultant intend that Consultant's services will not subject Consultant's individual employees, officers or directors to any personal liability. There- 99 fore, and notwithstanding any other provisions of this Agreement, Client agrees as its sole and exclusive remedy to director assert any claim, demand or suit only against the business entity identified as "Consultant". The provisions of this Section 12 will survive the expiration or termination of this Agreement. If Consultant provides services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 12 will apply to such services as if the parties had executed an amendment. The parties have mutually negotiated the provisions contained in this Section and it is the intent of both parties that this section provide the broadest scope of indemnity permitted by R.C.W. 4.24.115. 13. Limitation of Remedies: In consideration for Client obtaining a lower fee from Consultant and other valuable consideration, Client agrees that to the fullest extent permitted by law its total cumulative remedies from Consultant, its subconsultants and subcontractors, and all of their respec- tive shareholders, directors, officers, licensed professionals, employees, and agents is limited to the fee charged to Client under this Agreement or $50,000, whichever is higher, for any and all of Client's injuries, damages, claims, losses, expenses, disputes, or claimed expenses arising out of this Agreement from any cause or causes, including but not limited to, Consultant's negligence, errors, omissions, breach of contract, breach of war- ranty, strict liability, negligent misrepresentation, statutory liability, or other acts giving rise to liability based on contract, tort or statutory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount or waive this provision in exchange for a negotiated increase in Consultant's fee. This provision takes precedence over any conflicting provisions of this Agreement. 14, Standard of Performance; Disclaimer of Warranties: Services provided by Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the location of the Project. No warranty, expressed or implied, is included or intended by this Agreement. Consultant offers different levels of services to suit the desires and needs of different clients. Although the possibility of an error can never be eliminated, more detailed and extensive services yield more information and re- duce the possibility of an error, but at an increased cost. Client must determine the level of service adequate for its purposes. Client warrants it has reviewed the scope of work and has determined it does not need or want a greater level of services than is being provided, 15. Conseauential Damages: Client and Consultant mutually agree to waive any and all claims for consequential damages for all claims, losses, disputes, breaches, or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement in accordance with the termination provisions in this Agreement, 16. Suspension or Termination: Client may, upon ten days written notice, suspend Consultant's services. Consultant may terminate this Agreement if Client suspends the services for more than 60 days, in which case Client shall pay Consultant for all costs of services performed to the date of termination. If Client suspends Consultant's services, or if Client or others delay Consultant's services, then Client and Consultant agree to equitably adjust the time for completion of services and Consultant's compensation for the additional labor, equipment, and other charges associated with maintaining Consultant's workforce forCli- ent's benefit during the delay or suspension, and any charges incurred by Consultant for demobilization and subsequent remobilization. Either party may terminate this Agreement or an amendment, without, cause, with ten days written notice; provided, however, Client shall pay Consultant for all cost of services performed through the date of termination, In the event Client requests termination of this Agreement prior to completion of work, Con- sultant reserves the right to complete such analyses and records as may be necessary to protect Consultant's professional reputation and to complete a re- port of work performed to -date. A termination fee to cover the costs incurred thereof —equal to as much as 10% of the charges incurred up to the termination date —maybe charged at the Consultant's discretion and added to the cost of services performed through the termination date. In the event of a material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach with- in ten days following delivery of the non -breaching party's written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the ten-day period. 17. Construction Procedures: Consultant shall not manage or supervise construction, or implement or be responsible for health and safety procedures nor be responsible for the health and safety of persons other than its own employees or agents on or about the construction/subject site; shall not be responsible for the acts or omissions of contractors or other parties working on the Project; and shall not have control or charge of and shall not be responsible for con- struction means, methods, techniques, sequences or procedures, or for safety precautions and programs, Consultant's testing, observations, or evaluations on the Project, shall not relieve other parties from their responsibility for performing their work in accordance with applicable plans, specifications, and regula- tions. 18. Construction Costs: Statements of probable cost prepared by Consultant represent Consultant's best judgment as a design professional familiar with the industry. It is recognized, however, that neither Consultant nor Client has control over the cost of labor, materials or equipment, over other contractors' meth- ods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Consultant cannot and does not warrant or represent that proposals, bids, or actual costs will not vary from statement of probable costs or evaluations prepared by Consultant, 19. Ownership and Use of Documents; The statements, conclusions, and recommendations provided by Consultant are to be exclusively used within the context of the Project. They will be based upon generally accepted geotechnical practices and will be the result of analysis by the Consultant. The project re- port, and its attachments, will be for the exclusive use of Client. Unless specifically stated elsewhere in this Agreement, no warranty, expressed or implied, will be made. All documents and information prepared by Consultant, (collectively known as "Documents"), but not including Samples, will remain the property of Consult- ant. Consultant has sole discretion to dispose of or retain Documents, provided Consultant will retain pertinent summaries and reports relating to services per- formed for Client under this Agreement for five years following submission of Consultant's report. During this five-year period, copies of said summaries or reports will be available to Client for the reasonable cost of their reproduction and delivery. Consultant retains the right to use Documents for any purpose, All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity without Consultant's prior written consent and receipt of additional compensation. Client has the right to reuse the Documents for purposes reasonably connected with the Project. However, any reuse, or adaptation for other than the specific purpose intended, by Client, or any party obtaining Documents through Client, without written verification by Consultant will be at Client's sole risk and without liability to Consultant. Client agrees to defend, indemnify and hold harmless Consultant, its officers, employees and shareholders from and against all claims, damages, losses and expenses, including attorney's fees, arising from any person or entity claiming to rely upon information or opinions contained in Documents without first having obtained Consultant's prior written consent. 20. Dispute Resolution: If a dispute arises out of or relates to this Agreement, or the breach thereof, and the dispute cannot be settled through negotiation, Consultant may compel the parties to participate in a mediation administered by the American Arbitration Association under its Construction Industry Media- tion Procedures. If mediation is not successful, Consultant may compel any matter to arbitration by filing and serving a written notice of arbitration on all of the parties no later than ninety days after the later of filing and service of the complaint or the conclusion of the mediation. The arbitration shall be administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by therarbitratorls) may be en- tered in any court having jurisdiction. 21. Governing Lavin This Agreement shall be governed by the laws of the State of Washington and venue shall be in Pierce County, Washington. 22. Precedence: This Agreement takes precedence over any inconsistent or contradictory provisions contained in any Exhibits to this Agreement, or any pro- posal, purchase order, requisition, notice to proceed, or other document regarding Consultant's services. Robinson Noble, inc. Paget oft 100 City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs .ry U/ np,rr z >, ZVI, (IC-CUI,Crrrn IIYUCC'Ig Innl,Apr 1U.:UIS' (IL) COUNCIl, REPORTING SUMMARY - JUSTICE CENTER 0rigirat nudge! Midget Tom felx ()avid [Mika Committed Budget fife n, Date Co. Remn(n6 Committed Remaining Budget Cod at Completion AlE Services(both Design & CA) Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Contingency for Site Contamination (soils,hazmat) Land Acquisition Contingency for Land Acquisition S 3,278,125 $ 700,000 $ 38,738,678 $ 2,112,639 $ 1,815,875 $ 6,507,731 $ - 5 14,133,295 $ 1,250,000 $ 221,875 $ - $ (958,082) $ 212,800 $ 266,721 $ (1,712,213) 5 550,000 $ (422,733) $ 300,000 S 3,500,000 $ 700,000 $ 37,780,596 $ 2,325,439 S 2,082,596 $ 4,795,518 $ 550,000 $ 13,710,562 $ 1,550,000 $ 3,141,729 $ 354,103 $ 12,547,575 $ 565,198 $ 1,986,390 $ - $ - $ 13,709,987 $ 1,525,384 $ 2,180,300 $ 354,103 $ 549,916 $ 266,896 $ 942,506 $ - $ - S 13,683,561 $ 1,525,384 $ 961,429 $ - $ 11,997,658 $ 298,302 $ 1,043,884 $ - $ - $ 26,427 $ - $ 358,271 $ 345,897 $ 25,233,021 $ 1,760,241 $ 96,206 $ 4,795,518 $ 550,000 $ 575 $ 24,616 $ - $ $ - $ - $ - $ - $ - $ - $ - ..TOTAL.. ,:- 3 68,536,343 $ (1,541,632) $ 66,994,711 $ 33,830,365 $ 19,502,665 $ 14,327,700 $ 33,164,346 S - COUNC71. REPORTING SUILIIARY- FIRE STATION SI A/BServices(both Design&CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Original Rudgrl $ 1,070,000 $ - $ 234,000 $ 9,396,000 $ 931,000 $ 526,000 $ 1.116,000 trinket Trurfen $ 222,781 $ - $ - $ 1,315,046 $ - $ - $ 3,806 Correnr❑udget $ 1,292,781 $ - $ 234,000 $ 10,711,045 $ 931,000 $ 526,000 $ 1,119,806 Committed Badger Life MOWCoss Ran,nink Cmnmirr,t l Remaining Rinker CoCompletionCompletional at Completion $ 1,236,572 $ - $ 102,042 $ 10,711,045 $ 133,726 $ 360,917 $ - $ 811,755 $ $ 92,042 $ 99,273 $ 85,523 S 134,591 $ - $ 424,816 S - $ 10,000 $ 10,611,773 $ 48,203 $ 226,326 $ - S 56,209 S - $ 131,958 $ - $ 797,274 S 165,083 $ 1,119,806 $ - S - $ - $ - $ - $ - $ - " TOTiiT,� ,.� :- i- ' > ,I;� ,.,;: $ 13,273,000 S 1,541,633 $ 14,814,632 $ 12,544,302 S 1,223,184 S 11,321,118 S 2,270,331 $ COUNCII. REPORTING SOLI IARY- FIRESTATION 52 Originnlltudgel Midget lion.. Owen, (lodger Committed Lif.• In hate ('cols Rrnrnin' Committed Remaining Ilnlget Cad at ....... A/E Servicos(b(rth Design&CA)... ..... Land Acquisition ...... ... _..$ Pennits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ I,415,000 -.. .. 16,000 $ 353,000 5 13,298,000 S 1,398,000 $ 787,000 $ 1,343,000 S 255,172 $ 9,160 $ - $ 469,000 $ (9,160) $ - $ (74,172) $ 1,670,172 $ 25,160 $ 353,000 $ 13,767,000 $ 1,388,840 5 787,000 $ 1,268,828 $ l,601,813 $ 17,157 $ 72,688 $ 137,500 $ 401,815 $ 546,029 $ - $ 553,O1t $ 17,157 $ 12,511 $ - $ 16,258 $ 207,649 $ - $ 1,048,802 $ 0 $ 60,177 $ 137,500 $ 385,557 $ 338,380 $ - $ 68,359 $ 8,003 $ 280,312 $ 13,629,500 $ 987,025 $ 240,971 $ 1,268,828 $ - $ - 5 - $ - 5 - $ - S - ,. eTOTAL --,' ., , „ , , S 18,610,000 $ 650,000 $ 19,260,000 $ 2,777,001 $ 806,584 S 1,970,417 $ 16,482,999 $ - CYl(I,\'Cll. REPORTING SUMMARY ()rigiuN nudger FIRE STATION S! nudger Trailsf.•r. Current Midget Committed Ruder g Li( Li to Date CLnc Reurnirr Committed k Remaining rainL,g Rodger Can at ('aurptrrian A/R Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 150,000 $ 902,668 $ 20,000 $ 230,000 S 50,000 $ 107,500 $ 41,832 $ (7,000) $ 31,206 $ - $ (5,610) $ 9,875 $ - $ (28,471) $ 143,000 $ 933,874 $ 20,000 $ 224,390 $ 59,875 $ 107,500 $ 13,361 $ 132,995 $ 933,875 $ 1,908 $ 106,700 $ 41,802 $ 106,665 5 - S (31,495 $ 933,775 $ 1,908 $ 67,856 $ 22,798 $ 86,066 $ - $ 1,500 $ 100 S - $ 38,844 $ 19,004 $ 20,599 $ - $ 10,005 $ (1) $ 18,092 $ 117,690 $ 18,073 $ 835 S 13,361 5 $ - $ - $ - $ - $ - $ - _OTAL .�� 1 .- $ 1,502,000 $ - S 1,502,000 $ 1,323,945 S 1,243,898 $ 80,047 S 178,055 S - C'OUNCl1. REPORTING SUMMARY - P(IR(-((, WORKSOriginal Midget nudger Tnm..n' Current MagerCinrrnritrerl nudger I Li/ to Owe Ca.Renmin 6 C'onnnitted Remaining Midget Coif at Compinimr A/E Services (troth Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 767,385 $ 22,000,046 $ 110,000 $ 4,950,000 S 529,036 $ 668,426 $ 975,107 $ 15,000 $ 3,374,913 S (20,000) $ (1,895,000) $ (404,793) $ (348,426) $ (721,694) $ 782,385 $ 25,374,959 $ 90,000 $ 3,055,000 $ 124,243 $ 320,000 $ 253,413 $ 318,882 $ 25,347,193 $ - $ - $ 77,143 $ 279,832 S - $ 139,806 S 25,344,993 $ - $ - $ 50,471 $ 139,845 $ - $ 179,076 $ 2,200 $ - $ - $ 26,672 $ 139,987 $ - $ 463,503 $ 27,766 $ 90,000 $ 3,055,000 $ 47,100 $ 40,168 $ 253,413 $ - $ - $ - $ - $ - $ - $ - `a.TOTetL. _ .= 5 30,000,000 $ - $ 30,000,000 $ 26,023,050 S 25,675,115 5 347,935 $ 3,976,950 S -