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HomeMy WebLinkAboutPS 2019-11-04 Item 2C - Public Safety Plan - Contract Amendment #1 for Justice Center / Fire Station 52 Construction Testing and Inspection with Mayes Testing EngineersAllan Ekberg, Mayor Administrative Services Department — Rachel /Bianchi, Deputy inistrotpr TO: Public Safety Committee FROM: Rachel Bianchi, Deputy City Administrator BY: Justine Kim, Senior Program Manager, Ghiels ObletzJohnsen CC: Mayor Allan Ekberg DATE: November 1.2O1s SUBJECT: Public Sayeb/Plan — Justice Center and Fire Station 52 Project Nos. B183U5U1 (JC)and yUH30405(PS 52),Contract 1S'027 Mayes Testing Engineers, Amendment No. 1 ISSUE Execute Amendment No. 1toContract 19-027toprovide additional construction testing and inspection services for the Public Safety Plan — Justice Center and Fire Station 52projects. BACKGROUND The City of Tukwila hired Mayes Testing Engineers to perform the services of a testing and inspections firm for the construction of the Justice Center and Fire Station 51projects 1nthgamnuntOf$57.O75.ThenenomiCmSho|ponoure that the p 'eCCSnoDstrUdionmater|@|s and methods adhere to the design specifications and meet all applicable codes. ANALYSIS Mayes Testing Amendment No. Iiobeing requested due torevisions tnthe scope ofservices for the Justice Center project to accommodate out of state fabrication shop inspections and added inspections. For the purposes of submitting a scope and fee proposal during consultant procurement, it is typical and prudent for testing and inspections firms to make reasonable assumptions prior to the design and bidding process to be completed. The consultant's initial proposal assumed that steel fabrication would occur aAalocal Washington State shop. However, to increase subcontractor competition and reduce construction costs, steel bidders are not limited toin- state tobrioaUonuhopo.|nthiscmse.theowardodU|dder|s performing steel fabrication in Franklin, Idaho, The consultant is providing shop inspections from their other offices in Salt Lake City and Boise, closer than their Seattle office, but this still requires additional inspection hours and travel expenses. In addition, as structural engineering details were finalized during the production shop drawing process, the steel welding method requirements changed, which required more inspections and non-destructive testing examinations by the Secondly, wgare also now requesting authorization to amend the contract for the iconstruction testing and inspection services for the Fire Station 52 project. |nthe memo for the original contract, we included anallowance for Fire Station 52project of $30,000.which was already approved byCouncil. Because the proposed fee was an estimate and may vary based on actual services required during construction, o10%contingency ($8.707)was also added. FISCAL IMPACT Mayes Testing has provided a proposal of $43,228.50 to complete the Justice Center scope of work and $35,150 for the Fire Station 52. The total amount for Amendment No, 1 is $78.378.5O.The contract amount iowell within the project budoeds.Project Management Quality Assurance (PMOA)consultant has .reviewed these documents and provided his concurrence. Mayes Testing Contract Amount — Justice Center and Fire Station 51 Amendment No. 1— Justice Center —Added Scope F352—Testing &. Inspection Services New Contract Amount $78,378.50 RECOMMENDATION Council iSbeing asked 10approve Amendment No. 1for $78.378.5UblContract No. 1g-027for enew total contract amount of $135,453.5Uwith Mayes Testing and Voconsider this item onthe Consent Agenda sdthe November 18.2018Regular Meeting. attachments: Mayes Amendment No. 1 Mayes Proposal o[Services with scope ofwork and fee Monthly Budget Report Summary 45 46 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 19-027 (a) 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'ect Desi• 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 day of , 2019 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: Timothy Beckerle, Principal 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 47 48 EXHIBIT A aMatt tr i From: Sent: To: Subject: Ethan Bernau Thursday, SeptemberT9, 2019 1:34 PM Matt Strutynski FW: Change Order for the Tukwila Justice Center From: Sanborn, Dennis<Dsanborn@Mayestesting.com> Sent: Monday, September 16, 2019 2:34 PM To: Ethan Bernau <ethanb@sojsea.com> Cc: Davis, Paul D <Paul.Davis@terracon.com>; Rix, Belinda M <Belinda.Rix@terracon.com> Subject: RE: Change Order for the Tukwila Justice Center Ethan : I have had a chance to review 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. Lindahl was located in Franklin Idaho, we serviced the project from our other offices in Salt lake UT and Boise Idaho. There was also a larger change from the preliminary drawing which did not show the complete joint penetration welds (CJP)in the column base plates for example, in the production drawings all BF columns are CJP 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 NDE testing (UT). I can dig deeper and break the costs down if you would like but those are the 2 biggest factors. See some comments below listed in red. Please let me if you need this broken down Dennis Sanborn Senior Project Manager MAYES TESTING ENGINEERS, INC. A Terracon Company 10029 S Tacoma Way, STE E-2 I Tacoma, Washington 98499 Cell: 253.224.2760 Office: 253.584.3720 dsanborn ma estestin :com I mayestest nq corn 1 terracon.com Private and confidential as detailed here Lumierracpri,cornd`sciairoor). If you cannot access hyperlink, please e-mail sender. Please consider the environment before printing this email ' From: Ethan Bernau <ethanb solsea.corn> Sent: Thursday, September 12, 2019 9:46 AM To: Sanborn, Dennis <Dsanbornc Mayestesting.com> Cc: Davis, Paul D <Paul.Davis@terraconwcom>j Rix, Belinda M <Belinda.Rix 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? I will need help justifying the amendment. For example: + Location of steel fabrication shop increased costs: o Mayes assumed steel fabrication in Washington. Awarded steel fab shop is in Idaho, increasing hours for travel time and mileage costs? Added costs due to Location we always assume Vocal fabrication. Quantity of inspections increased: EXHIBIT A Did Mayes assume periodic inspections and is now performing full time inspections at the shop? Change trorm the bid documents to the production documents changed from °[Wet welds to CJP welding and I°ODE testing as wcli. o Any increase due to WABO or AISC certification issues? Any increase due to City of Tukwila building official requirements (beyond what was assumed)? Change from thebid documents to the production documents changed frolm fillet welds to (. JP" welding and NDE testing as well, o Any increase due to structural engineer's requirements (beyond what was assumed)? We perfor°rmed the required inspections and testing per AISC and code requirements, Any explanation like this will help the owner understand the cost increase. Thanks, Ethan Bernau etkhanbsseaecom 101 Yesler Way ( Suite 606 Seattle, WA 98104 T 206.838.37051C 206.715.5558 1 sojsea.com Shiels I Obletz I Johnsen Project Focused. Community Driven. From: Sanborn, Dennis <Dsanborn@Mayestesting.com> Sent: Tuesday, September 10, 2019 12:09 PM To: Ethan Bernau <ethanb@sojsea.com> Cc: Davis, Paul D <Paul.Davis@terracon.com>. Rix, Belinda M <Belinda.Rixerracon.com> Subject: Change Order for the Tukwila Justice Center Ethan: Here is the change to the scope of services for the Tukwila Justice Center project fo inspections and added scope of services. Please see the attached document. Thank You. Dennis Dennis Sanborn Senior Project Manager AYES TESTING ENGINEERS, INC, A Terracon Co 10029 S Tacoma Way, STE E-2 1 Tacoma, Washington 98499 Cell: 253.224.2760 Office: 253.584.3720 dsanborn(a mayestestinq.com 1 mayestestrnq;com I terracon.com Private and confidential as detailed here (www.terraGQn c¢amidosclaimer . If you cannot access hyperlink, please email sender. Please consider the environment before printing this email Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Priva e and confidential as detailed here www erracon comldisclaimer . /f you cannot access the hyperlink, please a - mail sender. 50 EXHIBIT A 10/11/2019 City of Tukwila - Tukwila Justice Center Testing and Inspection Services Mayes Testing Engineers, Inc. M8181387/18549T - Change Order No. 1 Contract Budget Billed Items as of 9/28(19 New Proposed Budget (includes invoices u 3 to 9/2.8 and services from 9.30-end of project) Item Estimated No. of Units Unit Price Total No, of Units Billed as of 9/28/2019 Unit Price Total No. of Units Unit Price Total Inspection Services Reinforced Concrete Inspection (96 hours) 96 $ 75.00 $ 7,200.00 131.50 $ 75.00 $ 9,862.50 'I51.50 $ 75.00 $ 11,362.50 Foundations: Estimate 6 inspections al 4 hrs. Resteel: Estimate 5 inspections at 4 hrs. Slab on Grade: Estimate 4 inspections at 4 hrs. Slab on Deck: Estimate 4 inspections al 4 hrs. Misc/Site: Estimate 5 inspections al 4 hrs. Overtime 7.50 $ 112.50 843.75 7.50 $ 112,50 843.75 Base Plate Grout Inspection (0.0 hours) 8 $ 75.00 600.00 14,50 $ 75.00 $ 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 $ 95.00 760.00 8.00 $ 95.00 760,00 Estimate 5 inspections at 4 hrs. Overtime 1.50 $ 142.50 213.75 1.50 $ 142.50 213.75 Structural Steel Fabrication Inspection (40 hours) 40 $ 90.00 $ 3,600.00 182.50 $ 90.00 $ 16,425.00 182,50 $ 90.00 $ 16,425.00 Estimate 10 inspections at 4 hrs. Overtime 32.25 $ 135,00 $ 4,353.75 32.25 $ 135.00 $ 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 $ 10,450.00 Estimate 5 weeks al 40 hrs per week. Overtime 8.50 $ 135,00 $ 1,147.50 11.00 $ 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 $ 25.00 375,00 18.00 $ 25.00 450.00 Additional Services Performed as Requested: Per Diem for Lundahl Ironworks($140/full day for meals 8 Lodging) 15.00 $ 140.00 $ 2,100.00 15.00 $ 140.00 $ 2,100,00 Per Diem for Lundahl Ironworks($40/half day for meals 5.00 $ 40.00 200.00 5,00 $ 40.00 200,00 Mileage (.65/mi) 4615.00 0.65 $ 2,999.75 461(5.00 0.65 $ 2,999.75 Asphalt Inspection 5.50 $ 85.00 467.50 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 $ 1,650,00 Geolechnical Field Engineer (FF/FL) 31,50 $ 100,00 $ 3,150,00 31.50 $ 100.00 $ 3,150.00 Firestopping 0.00 $ 75.00 ( 20.00 $ 75.00 $ 1,500.00 Fireproofing 0.00 $ 75.00 ( 20.00 $ 75.00 $ 1,500.00 Fireproofing Density Test 0.00 $ 80,00 ( 20.00 $ 80.00 $ 1,600.00 Lateral Framing 4.00 $ 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 51 52 EXHIBIT A AYES TEST NG ENGINEERS, I . October 21, 2019 Ms. Justine Kim Shiels Obletz Johnsen, Inc 800 Fifth Avenue, Suite 4130 Seattle, WA 98104 Re: Testing and Inspection Services City of Tukwila Fire Station 52 15447 65th Ave S, Tukwila, WA Mayes Testing Engineers Proposal No. 19642T Dear Ms. Kim, Seattle Office 20225 CedarValley Road Sum 110 Lynn ood,WA98036 ph 425.742.9360 fax425.745.1737 Tacoma Office 10029S. Tacoma Way Suite E-2 Tacoma, WA98499 ph 253.584.3720 fax253.584.3707 Portland Office 7911 NE 33rd Drive Sub 190 Portland, OR 97211 ph 503.281.7515 fax503.281.7579 Mayes Testing Engineers has an excellent track record of successful projects which 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 of Tukwila Fire Station 52 project is based on careful review of the plans dated 9/27/2019. No construction schedule is available at this time. Once a schedule becomes available it would benefit Shiels Obletz Johnsen, Inc to provide us the opportunity to review and revise this estimate based on updated schedule information. The inspection and testing scope of work includes: • Reinforced Concrete • Lateral Framing • Baseplate Grout • 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. We assume structural steel members will come from a local Puget Sound or Portland area fabrication shop. Mayes Testing Engineers has been performing testing and inspection services in the Pacific Northwest since 1984. You will find we have the trust and respect of the 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. As an integral part of the project team, we work with our clients to provide realistic testing and inspection budgets. Our clients will only be invoiced for actual work performed. A four-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 30 days from date on invoice. This proposal is valid for 90 days from the date of this letter. Final costs may vary up or down depending on the contractor's scheduling of the work. All services will be billed in accordance with the attached fee schedule. 53 EXHIBIT A 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 and return one copy to our office. We look forward to your favorable response. Respectfully Submitted, MAYES TESTING ENGINEERS, INC. Accepted By: Printed Name: Title: Date: Attachments: Cost Estimate Fee Schedule "P2" and General Conditions 54 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 152 Hours 75.00 /hr 11,400.00 20 Hours 75.00 /hr 8 Hours 75.00 /hr Proprietary Anchor Inspection 40 Hours 75.00 /hr Estimate 10 inspections at 4 hours per inspection Masonry Inspection Veneer Estimate 5 inspections at 4 hours per inspection 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) 20 Hours 105.00 /hr Laboratory Services Concrete Compressive Strength Cylinder Test Grout Compressive Strength Test 20 Hours 75.00 /hr 20 Hours 90.00 /hr 60 Hours 90.00 /hr 150 Each 12 Each 25.00 ea 25.00 ea 1,500.00 600.00 3,000.00 1,500.00 1,800.00 5,400.00 3,800.00 2,100.00 3,750.00 300.00 Miscellaneous Services Cylinder Pick-up No Charge Mileage No Charge Administrative Services (Types reports, mail, postage, etc.) 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. T T/ 55 56 P2 Fee Schedule EXHIBIT A MAYES TESTING ENGINEERS, INC. A lrefraald1 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 Fireproofing Inspection Intumescent Paint Inspection Soils Technician (includes nuclear densometer) Asphalt Technician (includes nuclear densometer) Asphalt or Concrete Coring Technician Laboratory Technician Lead Inspector Structural Steel/Welding Inspection (includes bolting) Non -Destructive Testing Dye Penetrant Testing Magnetic Particle Testing Ultrasonic Testing 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 75.00 /hour 85.00 /hour 85.00 /hour 85.00 /hour 85.00 /hour 85.00 /hour 90.00 /hour 90.00 /hour 95.00 /hour 95.00 /hour 95.00 /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 10,000 psi) Concrete Core Compressive Strength Test (includes trimming and testing) Concrete Flexural Strength Beam Test Concrete Shrinkage Test (ASTM C157 - set of 3) Length of Concrete Core Test (ASTM C174) Mix Design 1 Point Verification & 3 Point Water Cement Curve Modulus of Elasticity Test Shotcrete Panel Test (includes 4 cores) Voids and Density of Hardened Concrete Test (ASTM C642) Masonry Testing Brick Absorption Test (24 hour soak) Brick Absorption Test (5 hour boil) Brick or Masonry Efflorescence Test (set of 5) Brick or Concrete Paver Compression Test Masonry Absorption, Unit Wt. And Moisture Content Test Masonry Unit Compression Test 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 Retaining Wall Unit Compression Test Asphalt Testing Asphalt Marshall Mix Design Test (5 points) 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 Superpave Set Test (VMA, VFA and VA) 40.00 each 45.00 each 25.00 each 30.00 each 66.00 each 50.00 each 300.00 each 30.00 each quoted on request 100.00 each 160.00 each 75.00 each 45.00 each 70.00 each 85.00 each 45.00 each 45.00 each 55.00 each 300.00 each 25.00 each 110.00 each 45.00 each 110.00 each 3500.00 each 35.00 each 250.00 each 440.00 each 80.00 each 100.00 each 30.00 each 550.00 each 57 P2 Fee Schedule EXHIBIT A MAYES TESTING ENGINEERS, INC. A lrefraald1 COMPANY LABORATORY SERVICES Soils and Aggregate Testing Atterberg Limits 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 LA Abrasion Test Lightweight Pieces in Aggregate Test (coal and lignite) Organic Impurities Test Organic Matter Analysis (loss on ignition by weight) R-Value Test Sand Equivalent Test Sieve Analysis Test (includes wash over #200) Sieve Analysis Test (percentage passing #200 only) Sodium Sulfate Soundness Test Soil Hydrometer Analysis Test (includes particles finer than #200) Soil Moisture Content Test (natural) Soil Moisture Density Relationship Test (proctor) Soil Relative Density Test Soil Specific Gravity Test Specific Gravities Coarse Aggregate Test Specific Gravities Fine Aggregate Test Unit Weight Test WSDOT T606 Test Miscellaneous Testing Fiber -Reinforced Polymer Tensile Test (set of 5) Fireproofing Density Test Machining Tensile Test Macroetch Test (evaluation only or sample preparation) Moisture Emission Test Kits Reinforcing Steel #10 - #18 Tensile Test Reinforcing Steel #3 - #9 Tensile Test Splitting Tensile Test Stressing Strand Tensile Test (breaking strength only) 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/GPR, Floor Flatness, Fiber -Reinforced Polymer Inspection, Impact Echo, Load Testing & Concrete Moisture Testing) Engineering Technician Project Manager 120.00 each 75.00 each 55.00 each 650.00 each 90.00 each 135.00 each 90.00 each 75.00 each 150.00 each 80.00 each 45.00 each 60.00 each 325.00 each 60.00 each 225.00 each 100.00 each 275.00 each 250.00 each 30.00 each 225.00 each 225.00 each 85.00 each 55.00 each 85.00 each 45.00 each 550.00 each 750.00 each 80.00 each Cost + 15% 50.00 each 30.00 each 100.00 each 75.00 each 80.00 each 60.00 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 OTHER 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 58 performed outside of normal working hours, weekends and holidays. General Conditions MAYES TESTING ENG VEERS, INC. A ireTraCOO COMPANY 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 CONSULTANT'S 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 CONSULTANT'S 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. 59 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 Toss 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 governmental 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 arrange 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 furnished 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. 60 City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs as of October 24, 2019 (reconciled u/aectg than Sep I I, 2019 GL) COUNCIL REPORTING SUM M.4RI' - Original Bridget JUSTICE CENTER Budget Trans rs Current Budget Conr,nined Budget Life to Date Cos R,,nnin'g Co,n,iaa I Remaining Budge, Carr ar Curnpleliun A/E Services (both Design & CA) $ 3,278,125 $ 221,875 $ 3,500,000 $ 3,195,000 $ 2,555,976 $ 639,024 $ 305,000 $ - Permits/Fees $ 700,000 $ 50,000 $ 750,000 $ 455,215 $ 455,215 $ - $ 294,785 $ - Construction (Pre -Con, Const & Tax) $ 38,738,678 $ (102,066) $ 38,636,612 $ 38,636,611 $ 12,993,629 $ 25,642,982 $ 1 $ - Construction Related Costs (incl Band) $ 2,112,639 $ (2,921) $ 2,109,718 $ 631,307 $ 462,727 $ 168,580 $ 1,478,411 $ - PM Services (incl Other Professional Svcs) $ 1,815,875 $ 266,721 $ 2,082,596 $ 1,988,766 $ 1,227,524 $ 761,242 $ 93,830 $ - Contingency (incl Construction & Project) Contingency for Site Contamination (soils,hazmat) $ 6,507,731 $ - $ (2,358,527) $ 550,000 $ 4,149,204 $ 550,000 $ - $ - $ - $ - $ - $ - $ 4,149,204 $ 550,000 $ $ - Land Acquisition $ 14,133,295 $ (416,714) $ 13,716,581 $ 13,716,007 $ 13,692,053 $ 23,954 $ 574 $ - Contingency for Land Acquisition $ 1,250,000 $ 250,000 $ 1,500,000 $ 1,491,500 $ 1,491,500 $ - $ 8,500 $ - ';; TOTAL :, $ 68,536,343 $ (1,541,632) $ 66,994,711 $ 60,114,406 $ 32,878,623 $ 27,235,783 $ 6,880,305 $ - COUNCIL REPORTING SUM M.1RI' - Original Bridget FIRE STATION 51 Budget Trans .s Current Budget Conr,ninrd Budget Life to Dane Cos B,,nain'g C,,,n,in d Ref II Budge, Carr ar Curnpleliun A/E Services (both Design & CA) $ 1,070,000 $ 322,781 $ 1,392,781 $ 1,299,917 $ 998,788 $ 301,129 $ 92,864 $ - Land Acquisition $ - $ - $ - $ - $ - $ - $ - $ - Permits/Fees $ 234,000 $ 100,000 $ 334,000 $ 151,939 $ 136,151 $ 15,788 $ 182,061 $ - Construction (Pre -Con, Const & Tax) $ 9,396,000 $ 1,315,046 $ 10,711,045 $ 10,711,045 $ 2,241,189 $ 8,469,857 $ - $ ConstructionRelatedCosts (incl Bond) $ 931,000 $ (300,000) $ 631,000 $ 167,917 $ 103,304 $ 64,613 $ 463,083 $ - PM Services (incl Other Professional Svcs) Contingency (Mel Construction & Project) $ 526,000 $ 1,116,000 $ (50,000) $ 153,806 $ 476,000 $ 1,269,806 $ 363,412 $ - $ 193,304 $ - $ 170,108 $ - $ 112,588 $ 1,269,806 $ $ - TOTAL ,,;; $ 13,273,000 $ 1,541,633 $ 14,814,632 $ 12,694,230 $ 3,672,736 6 9,021,495 $ 2,120,402 $ - COUNCIL REPORTING SUM M.1RI' - Original Bridget Budget Trans rs Current Budge, Conr,ninrd Budget FIRE STATION 52 Life to Onfe C'tavr R,,nnin'g C,,,n,ilt I Ref II Budge, Carr ar Curnpleliun A/E Services (both Design & CA) Land Acquisition $ 1,415,000 $ 16,000 $ 355,172 $ 9,160 $ 1,770,172 $ 25,160 $ 1,622,653 $ 17,157 $ 1,176,398 $ 17,157 $ 446,255 $ - $ 147,519 $ 8,003 $ $ - Permits/Fees $ 353,000 $ 50,000 $ 403,000 $ 183,627 $ 123,450 $ 60,177 $ 219,373 $ - Construction (Pre -Con, Const & Tax) $ 13,298,000 $ 4,409,676 $ 17,707,676 $ 7,619,567 $ 588,596 $ 7,030,971 $ 10,088,109 $ Construction Related Costs (incl Bond) $ 1,398,000 $ (307,160) $ 1,090,840 $ 403,374 $ 33,564 $ 369,810 $ 687,466 $ - PM Services (incl Other Professional Svcs) $ 787,000 $ (50,000) $ 737,000 $ 549,751 $ 292,376 $ 257,375 $ 187,249 $ - Contingency(incl Construction & Project) $ 1,343,000 $ 413,152 $ 1,756, 152 $ - $ - $ - $ 1,756,152 $ - TOTAL „ „ $ 18,610,000 $ 4,880,000 $ 23,490,000 $ 10,396,128 $ 2,231,541 $ 8,164,587 $ 13,093,872 $ - COUNCIL REPORTING SUM M.1RI' - Original Budget Budget Trans .s Current Budge, Commit.' Budget FIRE STATION 54 Life to Date Cos B,,nain'g Carmine I Ref II Budge, Cos vat Completion A/E Services (both Design & CA) $ 150,000 $ (17,005) $ 132,995 $ 134,495 $ 132,995 $ 1,500 $ (1,500) $ - Land Acquisition $ 902,668 $ 31,206 $ 933,874 $ 933,875 $ 933,775 $ 100 $ (1) $ - Permits/Fees $ 20,000 $ (12,827) $ 7,173 $ 4,100 $ 4,100 $ - $ 3,073 $ - Construction (Pee -Con, Const & Tax) $ 230,000 $ (123,300) $ 106,700 $ 106,700 $ 67,856 $ 38,844 $ - $ Construction Related Costs (incl Bond) $ 50,000 $ (2,698) $ 47,302 $ 42,302 $ 28,825 $ 13,477 $ 5,000 $ - PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 107,500 $ 41,832 $ (835) $ 125,459 $ 106,665 $ 167,291 $ 106,665 $ - $ 86,066 $ - $ 20,599 $ - $ - $ 167,291 $ $ - ' TOTAL $ 1,502,000 $ - $ 1,502,000 $ 1,328,137 $ 1,253,617 $ 74,520 $ 173,863 $ - COUNCIL REPORTING SUM M.1RI' - Original Bridget Budget Trans .s Current Budge, Co,a,ninrd Budget PUBLIC B ORNS Life to Dane Cos B,,nain'g CarnnrineA Ref II Budge, Carr ar Curnpleliun A/E Services (both Design & CA) $ 767,385 $ 15,000 $ 782,385 $ 335,382 $ 264,039 $ 71,343 $ 447,003 $ - Land Acquisition $ 22,000,046 $ 3,374,913 $ 25,374,959 $ 25,372,634 $ 25,370,434 $ 2,200 $ 2,325 $ - Permits/Fees $ 110,000 $ (20,000) $ 90,000 $ - $ - $ - $ 90,000 $ - Construction (Pre -Con, Const & Tax) $ 4,950,000 $ (1,895,000) $ 3,055,000 $ - $ - $ - $ 3,055,000 $ - ConstructionRelatedCosts (incl Bond) $ 529,036 $ (404,793) $ 124,243 $ 77,643 $ 61,632 $ 16,010 $ 46,600 $ - PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 668,426 $ 975,107 $ (348,426) $ (721,694) $ 320,000 $ 253,413 $ 279,832 $ - $ 174,884 $ - $ 104,948 $ - $ 40,168 $ 253,413 $ $ - 1 TOTAL :;;, $ 30,000,000 $ - $ 30,000,000 $ 26,065,491 $ 25,870,990 $ 194,501 $ 3,934,509 $ -