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HomeMy WebLinkAboutSpecial 2020-02-24 Item 2E - Contract - Public Works Fleet and Facilities Building Geotechnical Engineering with Hart Crowser for $80,000COUNCIL AGENDA SYNOPSIS ----------------------------------Initial& Meefingo Date Prepared by M or's review Council review 02/24/20 GL ITEM INFORMATION ITEMNO. Spec 2.E. STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 02/24/20 AGENDA ITEM TITLE Public Works Fleet & Facilities Building Geotechnical Engineering Consultant Selection and Agreement CATEGORY ❑ Dismssion Mtg Date ® Motion Mtg Date 02/24/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R []Police ®PW [:]Court SPONSOR'S This contract is for geotechnical engineering services for the Public Works Fleet and SUMMARY Facilities Building. This geotechnical engineering soil exploration and design services agreement will support the seismic improvements to the Heiser building. Council is being asked to approve the geotechnical engineering agreement with Hart Crowser, Inc. for a not to exceed amount of $80,000.00. REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/2020 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000.00 $36,200,000.00 $0.00 Fund Source: 306 FUND - PUBLIC WORKS SHOPS Comments: page 59, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 01/31/2020 (revised after 2/3/2020 TIC) Photos Consultant Agreement Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 235 236 City of Tukwila Allan Ekberg, Mayor Public Works Deportment- HenryHosh, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Hari Ponnekanti, Deputy PW Director CC: Mayor Allan Ekberg DATE: January 31, 2020 (revised after 21312020 TIC) SUBJECT: Public Works Fleet & Facilities Building & Minkler Improvements Project Nos. 91630601, 91930606 Project Update and Consultant Agreement ISSUE Approve a gee -test} geotechnical consultant contract and provide an update on the PW Fleet and Facilities tenant improvements and Minkler Shop Upgrades. BACKGROUND On 12/2/19, Council approved the PW Fleet and Facilities tenant improvements project budget in the amount of $9.5 million dollars and the Minkler Interim Improvements budget in the amount of $500,000. The total budget for PW Fleet and Facilities is $35,700,000.00 with funding split 50/50 with the General Fund and Water/Sewer/ SWM Utilities. FlWin'$-ll"i7L1 PW Fleet and Facilities Tenant Improvement 1. Demolition of the two outbuildings is complete. See attached progress pictures. 2. Approve the attached geotechnical contract for evaluating seismic design for tenant improvements with Hart Crowser, Inc. in the amount not to exceed $80,000. Minkler Shops Interim Improvements 3. Saybr's (JOC) re-evaluating the project scope and cost estimates. PHASE 1 FINANCIAL IMPACT Expenditures 2019/2020 Budget Land & Master Plan (2017-2019) $ 26,102,880.84 SHKS Design Am No. 2 570,768.00 Geotechnical Services 80,000.00 Estimate - Soft Costs 2,229,232.00 Estimate - Construction 6,700,000.00 Funding - General Fund $17,850,000.00 Funding - Utilities 17,850,000.00 Estimate Minkler Interim Improvements 500,000.00 500,000.00 Total $ 36,182,880.84 $ 36,200,0 00.00 RECOMMENDATION Council is being asked to approve the contract with Hart Crowser, Inc. for geotechnical engineering soil exploration services in the amount not to exceed $80,000.00 for the Public Works Fleet and Facilities Building and consider this item on the Consent Agenda at the February 24, 2020 Special Meeting. Attachments: Photos Consultant Agreement WAPW EngTROJECTSW BG ProjectM01 Public Safety PlanTW Shops First Phase (91630601)Vnfo Memo for PW F & F Update 02042020.docz 237 238 Demolition Pictures N W CO 240 City of Tukwila Contract Number: • , 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Hart Crowser, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform geotechnical engineering soil exploration services in connection with the project titled City Of Tukwila Public Works Fleet and Facilities Building Tenant Improvements Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December, 31, 2020 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December, 31, 2020 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A, provided that the total amount of payment to the Consultant shall not exceed $80,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers, to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 241 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 242 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Page 3 243 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Hart Crowser, Inc. 3131 Elliott Avenue, Ste 600 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. Page 4 244 DATED this CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty day of 120 CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 245 246 EXHIBIT N— Geotechnical Engineering Services for Tukwila Seismic Update Prepared for City of Tukwila January20, 2020 A HA. RTCROWSB? 247 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project HART CROMER - OUR BACKGROUND AND EXPERIENCE This document presents our proposed scope and costs to provide geotechnical engineering soil exploration and design services supporting the Tukwila Seismic Update Project located at 11210 Tukwila International Blvd. Hart Crowser is a 120-person geotechnical and environmental engineering firm that has been supporting new development and redevelopments in the Puget Sound area since 1974. We specialize in geotechnical design and construction of buildings and environmental construction management in the Pacific Northwest. Our staff are available to begin work immediately and help meet your project schedule. Hart Crowser is familiar with the subsurface conditions and issues affecting site development. Recently, under contract to King County (County), Hart Crowser provided third -party review of another geotechnical consultant's work on the Chinook Wind property, immediately south of the project site. The County was so pleased with our quality of work that they replaced their geotechnical engineer with Hart Crowser. Based on our work on the adjacent site, we have access to nearby soil exploration and have already performed liquefaction assessment and slope stability analyses for conditions that are expected to be very similar at your project site. Doug Lindquist, PE, LEED AP will lead the Hart Crowser team. He is an award -winning Geotechnical and Seismic Engineer with over 20 years of local experience on hundreds of projects. Doug has the unique ability to convey complicated technical issues understandably and works tirelessly with developers and their teams to optimize foundation and structural systems to improve safety and lower costs. Doug is an expert on seismic design and soil -structure interaction. His experience includes liquefaction assessment, site -specific seismic hazard analysis, basin effects evaluation, ground motion selection, spectral matching of ground motions, and conditional mean spectrum analysis. His role on the project will include achieving and maintaining a high level of client and team satisfaction with Hart Crowser's work while leading our team of engineers and scientists. The engineering work will be performed by Hart Crowser staff. We will retain subcontractors to provide specialty contractor services for the soil exploration program. We will retain a drilling subcontractor to perform the soil borings, cone penetration test (CPT) subcontractor for the CPT probes, and a utility locating firm to mark and check for utilities near the exploration locations. FEE PROPOSAL Project Understanding We understand that the project will consist of completing a seismic evaluation of the existing Heiser Building. In addition, soil explorations will be performed around the site with a focus on the southern property boundary for future site development. The site is bound by South 112th Street to the north and Tukwila International Boulevard to the west in Tukwila, Washington. The site also includes a one-story commercial building in the southwest corner, which was recently demolished and is part of this project to be considered for future development of a metal -framed building. The existing grade of the site is relatively flat with a slight east -west slope resulting in an elevation change of about 5 feet. rur H RTOWII&SER Page I 'I NM Geotechnical Engineering Design Services for The Tukwila Seismic Update Project The seismic evaluation will focus on the older western wing of the Heiser building. The Heiser building is currently supported on a shallow foundation system with a thickened edge. Following evaluation, we will prepare recommendations for the seismic update of the building using a code -based response spectrum. We will also provide recommendations for foundation support and assess liquefaction potential and its effects. Our understanding of subsurface conditions is based on nearby soil borings, many of which are not located on the site. Based on these explorations, the subsurface materials in the project vicinity likely consist of less than about 10 feet of fill soils over alluvial deposits. The alluvium generally consists of layers of loose silty sand, clean sand, and silt. Many of these layers are susceptible to liquefaction in a seismic event. Below the alluvium deposit, glacial till was generally encountered at a depth ranging between 100 and 120 feet. The glacial till consists of very dense silty sand with gravel. The regional groundwater table is anticipated to be encountered at a depth of about 10 to 15 feet below the adjacent grades. Based on these conditions, we anticipate the groundwater to have an effect on the seismic evaluation as well as the liquefaction potential of the alluvial deposits. Design Scope of Work We anticipate the geotechnical engineering design requirements for the above -described overall approach will consist of the following components: ■ Task 1. Geotechnical Explorations and Laboratory Testing ■ Task 2. Geotechnical Engineering Design Services We understand environmental services for the site are not included in this scope of work. Hart Crowser can provide environmental services, as needed, under a separate scope of work. We will note observations of environmentally impacted soil in our geotechnical borings. Our scope of work for this proposal ends with the delivery of our Geotechnical Engineering Design Study. Post -report services can be an added service at a later date. Task 1 — Geotechnical Explorations and Laboratory Testing Our philosophy for performing subsurface explorations and testing is to collect sufficient data to optimize the reduction in risk for construction change orders and the cost of collecting the data. Subtask 1.1 — Soil Explorations We have existing borings available from our geotechnical engineering design support for the adjacent property to the south of the proposed development. However, there are no existing historical boring explorations within the site. Exploration borings will be required for development of our geotechnical and seismic design recommendations. We propose drilling four borings and pushing three CPTs at the site. Three of the four borings will be approximately 80 feet deep in order complete a design -level geotechnical study for foundation stabilization and deep foundation recommendations. The fourth boring will be drilled to approximately to Page K4RTO?OWSCR 249 Geotechnica! Engineering Design Services for The Tukwila Seismic Update Project 130 feet deep to obtain data within the glacial till at depth. In addition, we propose that the three CPT probes be pushed to refusal, which is estimated to occur in the glacial till at depths of 100 to 120 feet. At one of the CPT boring locations, we propose to perform a seismic shear wave velocity test to better characterize the subsurface soils, evaluate the seismic site classification, and for use in the site -specific seismic response analysis, if required. The borings will be coordinated in the field by Hart Crowser personnel. All explorations will be observed by a geotechnical engineer or geologist from our firm who will collect samples and prepare continuous logs of the soil and groundwater conditions encountered. Samples will be retrieved from the borings and returned to our laboratory for further evaluation and limited index testing. Our work and cost for this task is based on these assumptions: We will be given right -of -entry to the site to perform our work during normal business hours. We will mark the soil exploration locations in the field with paint. We will be provided with maps showing the accurate locations of all underground utilities on the private property. ♦ We will retain a utility locate service and perform a one -call utility locate. ♦ The site soil is environmentally clean and can be placed in drums and disposed of as clean waste. ♦ Traffic control other than cones is not required. ♦ Site restoration is not required other than standard clean-up and patching of pavement. ♦ Refusal may occur in dense soil or gravels. s Field work will be performed uninterrupted until it is completed. Limitations of Utility Locates. We are required by State Law to call a Utility Location Center (811) before performing subsurface explorations. This "one -call system" prompts multiple utility owners to clear exploration locations in the public right-of-way. Location of utilities on private property is the responsibility of the property owner or facility operator. Hart Crowser conducts research for private properties, including hiring a private firm that uses specialized equipment to locate conducting underground utilities and reviewing plans provided by the owner and city utility maps available online. Such services by the Consultant or its Subconsultant will be performed in a manner consistent with the ordinary standard of professional care. The Client acknowledges that such research may not identify all utilities, such as plastic water and gas lines, plastic or tile sewer lines, concrete or plastic drain lines, or fiber optic lines, and that the information upon which Hart Crowser reasonably relies may contain errors or be incomplete. Hart Crowser cannot be held responsible for damages, including consequential damages, related to striking underground utilities that are not shown on plans or made of a conducting material, and that could not be reasonably detected. Subtask 1.2 — Laboratory Testing Our laboratory testing program will focus on the index properties of the soils, including water contents, grain size, and Atterberg limits. The grain size and Atterberg limit characteristics will allow correlation with liquefaction and lateral spreading methods of evaluation of site soils. Moisture content of the soil samples can give an indication of the groundwater table. These tests will be performed in Hart Crowser's geotechnical laboratory in Seattle, Washington. K4RTCROWSM Page 250 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project Task 2 — Geotechnical Engineering Design Services Subtask 2.1 — Geotechnical Engineering Analyses and Evaluations Seismic Evaluation. Lund Opsahl, the structural engineer, estimated that the current Heiser building has a period of less than one-half second. This will allow use of a code -based response spectrum. If this estimate changes, we included an optional task 2.3 to perform additional seismic analyses that would be required by the building code. We will also assess liquefaction potential of the site soils as well as the hazard potential of lateral spreading. Because of the building code change occurring July 1, 2020, we will provide code -based design parameters for both ASCE 7-10 and ASCE 7-16 as part of our work. Foundations. We expect new foundations to be required to support seismic bracing of the Heiser building. We will prepare shallow and deep foundation design recommendations and discuss ground improvement options. Deep foundations may include augercast piles, micropiles, and helical piles. Subtask 2.2 — Meetings and Reporting We expect that we may participate in up to two team meetings. Upon completion of our exploration work, we recommend an interim design review meeting at which we will present our recommendations and findings to date, and discuss ways to further optimize our results. We see this meeting, as well as subsequent team meetings, as an opportunity to take part in critical value engineering of the geotechnical aspects of the project. Our final report will present our findings, our field and laboratory data, detailed design and construction recommendations, and recommendations for further studies, if needed. We expect the report to be a usable document, with specific design and construction criteria. Subtask 2.3 — Optional: Site -Specific Seismic Analysis If the building period is greater than one-half second, then a site -specific seismic analysis will be needed to properly complete the seismic evaluation. Our seismic team is very familiar with the requirements of the International Building Code (IBC) and American Society of Civil Engineers (ASCE) 7 seismic design and will work with our staff and the team's seismic engineers to identify appropriate dynamic spring constants, the IBC site coefficients, and other criteria as needed. Hart Crowser will be responsible for developing the site - specific seismic hazard and selecting and scaling earthquake ground motion records of acceleration for input to the structural engineer's seismic analysis. Fees We will perform the scope of work presented herein for a lump sum fee shown below. The detail below is presented for informational purposes to illustrate the relative costs of the various work tasks to develop an appropriate total fee. Individual tasks may take more or less effort than shown. Task 1 - Field Explorations and Laboratory Testing Subtask 1.1 Subcontract Drilling (four SPT and three CPT borings) $27,000 Hart Crowser Field Services $12,500 Subtask 1.2 Laboratory Testing $3,500 TASK 1 SUBTOTAL $43,000 Page l Arm Y I MTCROWSME 251 Task 2 — Geotechnical Engineering Design Services Subtask 2.1 Geotechnical Engineering Analysis and Evaluations Subtask 2.2 Meetings and Reporting (Optional) Subtask 2.3 Optional: Site -Specific Seismic Analysis Task 2 Subtotal Geotechnical Engineering Design Services for The Tukwila Seismic Update Project $16, 000 $6,000 15 000 $22,000 to $37,000 DESIGN TOTAL (Task 1 + Task 2) $65,000 to $80,000 Post -Report Services (not included in this proposal) Our consulting services after the geotechnical report has been submitted to the design team are often some of the most valuable time we spend on the project. It is during this phase of the work that most of the actual building and site design takes place. During this time, specific value engineering concepts are offered, evaluated, incorporated, or rejected. Sometimes the needs of the owner change, the nature of the building evolves, or the performance requirements are modified. Geotechnical consultation on items such as these is important to maintaining a tight schedule, the success of the design, and the performance of the construction. During this time, our engineers will interact with the design team, participate in team meetings, conduct design checks, and modify recommendations as needed to adapt to the changing needs of the project. The goal is a set of final geotechnical recommendations that are specific, useful, and cost- effective. As part of this task, we can also review the contract plans and specifications to verify that our recommendations have been properly incorporated into the plans and contract documents. In addition, we support responses to any city questions or comments on the project drawings. Because of the unquantified scope and duration of work, we recommend that these services be performed on a time and materials basis in accordance with an initial $3,000 budgeted as a placeholder amount for these services. We expect these services would be authorized around the time of completion of our design study. Terms and Conditions The design scope of work outlined above will be billed on a lump sum basis at the end of each month as a percent of project completed. Our services will be performed in accordance with the standard of care of our profession. If project requirements change, requiring additional work, we will notify you and seek your approval for an addendum to the lump sum cost. The attached Terms and Conditions and any exhibits or attachments referenced herein are incorporated into our agreement with you, and, by your authorization to proceed, you are agreeing to these Terms and Conditions. Please acknowledge your acceptance of this work by having this letter agreement properly signed and returning a signed copy to us. Any changes to our agreement must be in writing and mutually agreed to. We intend to use the attached example Contract Change form to effectively implement and document any changes. We suggest any future work performed for you be completed as an amendment to this contract. This proposal is valid for up to 90 days. Services are to be completed within one year of contract execution or the rates may be renegotiated. MRTCROWSFR Page 252 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project We appreciate this opportunity to submit our proposal and look forward to your favorable consideration. If we may provide any additional information or clarification of this proposal, please call us. Sincerely, HART CROWSER, INC. S': �'- o DOUGLAS D. LINDQUIST, PE, LEED AP EAMAAN TABATABAI, PE Principal, Geotechnical Engineer Project, Geotechnical Engineer Attachments: HC Terms and Conditions (November 2019) Contract Change Form Initial here to authorize the optional Subtask 2.3: ACCEPTED FOR CITY OF TUKWILA BY: Signature Name/Title - Please Print Date \\seafs\Projects\Noteboo ks\20S1140011_TukwiIa_Seismic_Upgrade\Deliverables\Proposal\Tukwila Seismic Update Proposal.docx Page A LI H/ RTCROWSER 253 254 TERMS AND CONDITIONS 1. SERVICES TO BE PROVIDED AND STANDARD OF CARE. HART CROWSER, INC. (hereinafter "HART CROWSER"), agrees to provide CLIENT (as identified in attached Proposal), for its sole benefit and exclusive use, consulting services set forth in the Proposal. HART CROWSER's offer to perform shall terminate if not accepted within one hundred twenty (120) days of the date of the Proposal. HART CROWSER's services shall be performed in accordance with the standard of care of its profession, which means generally accepted professional practices, in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed. HART CROWSER MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ITS SERVICES, including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose. Both parties agree that no third -party beneficiaries are intended by this AGREEMENT, which is defined to include these Terms and Conditions, the attached Proposal, and attachments referenced in the Proposal. 2. PAYMENT. HART CROWSER will submit invoices to CLIENT for the preceding month's services, and a final bill upon completion of services rendered according to the AGREEMENT. Invoices will be in a format consistent with the attached example marked Exhibit A. Payment is due within thirty (30) days of the invoice date, unless CLIENT notifies HART CROWSER in writing, within ten (10) days of the invoice date, of any dispute with the invoice. CLIENT and HART CROWSER vrill in good faith attempt to promptly resolve any disputed invoice amounts. All undisputed invoice amounts will be considered delinquent if not received by HART CROWSER within thirty (30) days after the invoice date. Any action, claim, lien, or legal disputes arising from such delinquent amounts and initiated by HART CROWSER are not subject to the requirements set forth in Paragraph 14 of this AGREEMENT. Interest will be added to delinquent amounts at the rate of one and one-half percent (1.5%) per month of the total arrearage, or the maximum rate allowed by law. Payments received for delinquent amounts will be applied first against interest and then against principal. HART CROWSER may suspend or terminate services under this AGREEMENT for CLIENT's failure to make timely payments after tendering seven (7) days written notice to CLIENT, and all reasonable demobilization and other suspension costs will be paid by CLIENT. Failure to make payment within the time limits set forth in this paragraph is a material breach and excuses HART CROWSER from any performance under this AGREEMENT. CLIENT shall pay HART CROWSER for all time spent and all costs, expenses, and fees incurred (including attorney fees) in connection with perfecting liens or collecting any delinquent amount(s). 3. RIGHT OF ENTRY, PROPERTY RESPONSIBILITY, AND HAZARDOUS SUBSTANCES OR CONDITIONS. CLIENT shall provide HART CROWSER legal access to and/or obtain permission for HART CROWSER to enter upon all property, whether or not owned by CLIENT, as required by HART CROWSER to perform and complete its services. CLIENT warrants that, prior to HART CROWSER beginning the work, it shall provide HART CROWSER with all information known or which should reasonably be known by CLIENT concerning the past or present use of the property, including the nature and existence of any hazardous substances, or hazardous or ultrahazardous conditions on, in, under, adjacent to, or near the property. HART CROWSER has responsibility for its own activities on the property including the safety of its employees; it does not assume control of, nor responsibility for, the property, the person in charge of the property, nor the safety or control of persons not in HART CROWSER's employ. CLIENT agrees that HART CROWSER has no responsibility as a handler, generator, operator, treater, storer, transporter, disposer, or arranger of the transportation and/or disposal of hazardous substances found or identified at the project property. CLIENT further agrees that it shall be responsible for arranging for the transportation and/or disposal of hazardous substances found or identified at the project property. 4. LIMITATION OF LIABILITY. CLIENT expressly agrees that to the fullest extent permitted by law, HART CROWSER's maximum liability to CLIENT for any and all claims by CLIENT and any other person or entity, arising from HART CROWSER's professional acts, errors, or omissions, shall be the amount of HART CROWSER's fee for professional services or $50,000, whichever is greater. The foregoing limit is in the aggregate for any and all claims asserted against HART CROWSER. In the event CLIENT desires a higher limitation of liability, HART CROWSER may increase this limit for a higher fee commensurate with the increased risk to HART CROWSER, and this paragraph will be amended by separate written agreement. As used in this paragraph, the term "liability" means liability of any kind, whether in contract (including breach of warranty), in tort (including negligence), in strict liability, or otherwise, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to HART CROWSER's services or the services of HART CROWSER's subcontractors, consultants, agents, officers, directors, and employees from any cause(s). HART CROWSER shall not be liable for any claims of loss of profits or any other indirect, incidental, or consequential damages of any nature whatsoever. Further, no officer, director, shareholder or employee of Hart Crowser shall bear any personal liability to CLIENT for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided by Hart Crowser on this project. 5. INDEMNIFICATION. CLIENT shall indemnify, defend, and hold harmless HART CROWSER and its subcontractors, consultants, agents, officers, directors, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney fees and court costs arising out of or in any way related to the services or work of HART CROWSER, HART CROWSER's presence on the project property, or the presence, release, or threatened release of asbestos, hazardous substances, or pollutants on or from the project property; provided that such indemnification shall not apply to such claims, damages, losses, or expenses that arise out of bodily injury to persons or damage to property to the extent they are caused by HART CROWSER's sole negligence or willful misconduct; and provided further that CLIENT shall indemnify HART CROWSER against liability for damages, losses, or expenses arising out of bodily injury to persons or damage to property, and caused by or resulting from the concurrent negligence of (a) CLIENT, its subcontractors, consultants, agents, or employees and (b) HART CROWSER, its subcontractors, consultants, agents, or employees, only to the extent of CLIENT's negligence or the negligence of CLIENT's subcontractors, consultants, agents, or employees. To the fullest extent permitted by law, such indemnification shall apply regardless of the breach of contract, negligence, or strict liability of HART CROWSER. 6. DISPOSAL OF SAMPLES, MATERIALS, OR EQUIPMENT, AND WELL ABANDONMENT. Any non -hazardous samples will be discarded ninety (90) days after sampling unless different arrangements are agreed to in writing. Samples, materials, or equipment containing hazardous substances that are regulated under federal, state, or local environmental laws shall be returned to CLIENT at CLIENT's expense. Alternatively, CLIENT may request in writing, pay, arrange, and assume responsibility for the contaminated samples, materials, or equipment to be transported to a disposal site in compliance with all applicable laws; HART CROWSER will act as a bailee and will not be arranging for the transportation or disposal of the contaminated samples, materials, or equipment. Any wells installed as part of HART CROWSER's work may later need to be properly abandoned and recorded in accordance with applicable law. Unless expressly provided for in the Proposal, proper well abandonment and recording, and associated costs, are not included in this AGREEMENT. 7. UNFORESEEN OCCURRENCES, SUBSURFACE RISKS, AND SITE DAMAGE. If any unforeseen conditions or occurrences are encountered which, in HART CROWSER's judgment, significantly affect or may affect the recommended scope of work, HART CROWSER will notify CLIENT. After such notification, HART CROWSER will complete the original scope of work, if appropriate, or agree with CLIENT to modify the AGREEMENT, or terminate the AGREEMENT pursuant to Paragraph 10 if the parties are unable to reach agreement. CLIENT recognizes that special risks occur and .,guarantees" cannot be expected whenever professional consulting services are applied to determine the composition or makeup of a site's subsurface, or the existence or non-existence of particular man-made or natural subsurface conditions, features, or substances, including but not limited to hazardous substances. CLIENT has the duty to disclose to HART CROWSER any such known or suspected conditions, substances, or features in writing or by notation on plans or drawings provided by CLIENT. Even with adequate disclosure by CLIENT, HART CROWSER can only minimize these risks by applying the standard of care of its profession, and CLIENT agrees to accept this level of risk. When HART CROWSER is providing field HC T&C (November 2019) Sheet 1 of 2 255 services, CLIENT recognizes that the use of exploration and test equipment may unavoidably damage or alter the project property surface or subsurface, and CLIENT agrees to assume responsibility for such unavoidable damages or alterations. Finally, CLIENT agrees to assume responsibility for personal and property damages caused by HART CROWSER's interference with subterranean structures, including but not limited to pipes, tanks, utility lines, passageways, tunnels, openings, or other such conditions, substances, or features that are not called to HART CROWSER's attention in writing or correctly shown on plans or drawings provided by CLIENT. 8. REPORTS, RECOMMENDATIONS, OWNERSHIP OF DOCUMENTS, AND ELECTRONIC DATA. Reports, recommendations, electronic data, and other materials resulting from HART CROWSER's efforts are intended solely for the CLIENT, for the purposes of this AGREEMENT; any reuse by CLIENT or others for purposes outside of this AGREEMENT, or any failure to follow HART CROWSER's recommendations without HART CROWSER's written permission, shall be at the user's sole risk. CLIENT shall furnish such reports, data, studies, plans, specifications, documents, and other information deemed necessary by HART CROWSER for proper performance of its services. HART CROWSER may rely upon CLIENT -provided documents in performing the services required under this AGREEMENT; however, HART CROWSER assumes no responsibility or liability for their accuracy. CLIENT -provided documents will remain property of CLIENT. After use by HART CROWSER, CLIENT -provided documents will be kept or disposed of at HART CROWSER's sole discretion, unless return to the CLIENT has been previously agreed to by HART CROWSER. All proposals, reports, field notes, calculations, estimates, electronic data, and other documents that are prepared as instruments of service, shall remain HART CROWSER's property, and HART CROWSER shall retain copyrights to these materials. All proposals, reports, field notes, calculations, estimates, electronic data, and other documents prepared by HART CROWSER are not Works Made for Hire as defined under the 1976 Copyright Act. HART CROWSER will retain all pertinent records relating to services performed in accordance with HART CROWSER's normal records retention policy (copy available upon request) unless HART CROWSER agrees to other arrangements. At CLIENT's expense and at CLIENT's request, CLIENT may obtain copies of records retained by HART CROWSER. If CLIENT requests and HART CROWSER agrees to provide any information in electronic format, use of all such information shall be at CLIENT's sole risk. Because of the possibility that electronic information and data delivered in machine readable form may be altered, inadvertently or otherwise, HART CROWSER reserves the right to retain the original tapes and disks. HART CROWSER also reserves the right to retain hard copy originals of all project documentation delivered to the CLIENT in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. HART CROWSER MAKES NO WARRANTIES REGARDING REPORTS, 9. FORCE MAJEURE. It shall be deemed that neither party to this AGREEMENT will be in default under the terms of this AGREEMENT if performance of services is suspended or is prevented or prohibited by law; by inability to obtain permits or licenses; by scarcity or inability to obtain equipment, material, power, fuel, data, or information from parties not under the express control of HART CROWSER; by strike, lockout, or industrial disturbance; by failure of carriers to transport or furnish facilities for transportation; by operation of force majeure (including, without limitation, fire, lightning, earthquake, storm, eruption, flood, washout, cave-in, slides), breakage, or accident to machinery or facilities; or by any cause or action of third parties beyond HART CROWSER's control; provided, however, that HART CROWSER shall exercise reasonable diligence to resume services. 10. TERMINATION. This AGREEMENT may be terminated by either party upon receipt of written notice for (1) convenience, or (2) for substantial or material failure to perform in accordance with terms hereof through no fault of the terminating party. Except for termination arising out of delinquency in payment for HART CROWSER's services, such termination shall not be effective unless: (i) no less than seven (7) calendar days notice of intent to terminate has been provided; (ii) the notice specifies "for convenience" or the nature of the substantial or material failure; and (iii) the notified party has had an opportunity to consult with the terminating party to discuss the termination "for convenience" or cure the substantial failure before expiration of the period specified in the written notice, which shall not be less than seven (7) calendar days. In the event of termination, HART CROWSER shall be paid for services performed up to the termination date, and reasonable termination expenses, including all direct costs and all expenses incurred or committed to that cannot be canceled without penalty. If CLIENT terminates for convenience, a termination charge of five percent (5%) of HART CROWSER's total fee earned to date or $500, whichever is greater, will be immediately due and payable, in addition to the above costs. 11. CERTIFICATION. HART CROWSER shall not be required to execute any certification with regard to work or services performed, tested, or observed under this AGREEMENT unless: i) HART CROWSER believes that sufficient work has been performed by HART CROWSER to provide an adequate basis to issue the certification; ii) HART CROWSER believes that the work performed, tested, or observed meets the criteria of the certification; and iii) the form of such certification has been approved by HART CROWSER, in writing, prior to execution of this AGREEMENT. Unless expressly provided for otherwise in writing by HART CROWSER, a certification fee of $1,500 will be due and payable for the first certification HART CROWSER has agreed to perform on this project and $750 for each additional certification. 12. SEVERABILITY AND SURVIVAL. Any element of this AGREEMENT later held to violate a law shall be deemed void, and all remaining provisions shall continue in force. All Terms and Conditions of this AGREEMENT allocating liability between CLIENT and HART CROWSER, including in particular Paragraphs 4 and 5, shall survive the completion of the services and the termination of this AGREEMENT. 13. INTERPRETATIONS AND TIME BAR TO LEGAL ACTION. Interpretations and enforcement of this AGREEMENT shall be governed by the laws of the State of Washington. All legal actions of any kind by either party against the other related to this AGREEMENT (except actions for non-payment), shall be barred after one (1) year has passed from the time the claimant knew or should have known of its claim, and under no circumstances shall be initiated after two (2) years have passed from the date by which HART CROWSER completes its services. 14. DISPUTES RESOLUTION. Except as provided in the provisions for Payment, Paragraph 2, in the event of any dispute, claim, cause of action, or other disagreement arising from or relating to this AGREEMENT, the parties shall in good faith use their best efforts to settle such dispute, claim, cause of action, question, or disagreement. If they do not reach a settlement within sixty (60) days, the parties agree to submit the dispute to mediation before resorting to litigation. If a dispute at law arises related to the services provided under this AGREEMENT, and such dispute cannot be resolved by negotiation or mediation: (i) CLIENT assents to personal jurisdiction in the State of Washington; (ii) the claim will be brought and tried in either the federal or state jurisdiction in the county where HART CROWSER's principal place of business is located, and CLIENT waives the right to transfer the action to any other county or judicial jurisdiction; and (iii) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney fees, and other claim -related expenses. 15. PRECEDENCE AND ENTIRE AGREEMENT. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions, oral or written, contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding HART CROWSER's services. CLIENT and HART CROWSER agree that all provisions of these Terms and Conditions were mutually negotiated and agreed upon, and that this AGREEMENT represents the entire AGREEMENT between the parties. No modification or alteration of any provision of this AGREEMENT shall be binding upon either CLIENT or HART CROWSER, unless such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such modification or alteration is sought to be enforced. 16. MISCELLANEOUS PROVISIONS. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Performance of this AGREEMENT may not be assigned by either party without the express written consent of the other, and CLIENT shall not assign any of its legal remedies or courses of action arising from or relating to HART CROWSER's performance of or breach of this AGREEMENT without the express written consent of HART CROWSER. No waiver of any right or remedy in respect of any occurrence shall be deemed a wavier of such right or remedy in respect of such occurrence on any other occasion. CLIENT and HART CROWSER acknowledge that they have had the opportunity to have this AGREEMENT and all matters related thereto, reviewed by their legal counsel. HC T&C (November 2019) Sheet 2 of 2 256 t/ AL/ ; HARTCROWSERR CHANGE NO. CLIENT JOB NO. PROJECT CONTRACT CHANGE Description of Work Date: TotalCosts..................................................................................................................................... $XX,XXX This change amends contract between and Hart Crowser dated under Hart Crowser job number . Except as amended above, all terms and conditions apply to this Contract Change. To indicate your acceptance, please return one signed copy. CLIENT By: Printed Name: HART CROWSER, INC. By: Printed Name: J:\Docs\Standards\Terms and Conditions\Example Contract Change ELH.doc 3131 Elliott Avenue. Suite 600 Seattle. Washington 98121 Fax 206328,5581 Tel 206. 324. 9530 Date: Date: 257 258 Transportation & Infrastructure Committee Minutes........................................................................................ February 3, 2020 D. Consultant Contract: Public Works Fleet & Facilities Building Staff is seeking Council approval of a contract with Hart Crowser, Inc. in an amount not to exceed $80,000 for geotechnical engineering soil exploration services for the Public Works Fleet & Facilities Building. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. E. Update: 42nd Avenue South Bridge Replacement Project Staff is seeking Committee direction on next steps for the 42nd Avenue South Bridge Replacement project. City Administrator, David Cline, reported on the various meetings he and Mayor Allan Ekberg had last week with state legislators, discussing funding for the 42nd Ave S Bridge. The feedback that they received was for the City to start design of the bridge in order to have it "shovel ready". The Committee discussed the recommendation to move forward with an in-depth structural inspection of the bridge, which is necessary to better understand its current condition. Committee question(s) requiring follow up Is there a possibility of using Build America, PSRC, or State TIB grant funding for match? Committee Recommendation The Committee concurred with staff's recommendation of moving forward with all 3 Options that were presented. The Committee approved moving forward with an in-depth structural inspection and to begin the full design process, with the understanding that staff will continue to pursue grant funding. Forward to Finance Committee for funding options on the full design of 42nd Ave S Bridge. 181&T4:4RW.11�IX6Ii�1 David Cline reported that Administration met with the Sounders regarding their future plans. Counckmember Kruller requested the citywide pavement condition rating. Gail Labanara reported back on the timeline of the Allentown/Foster Point and Duwamish sewer projects, as well as future sewer projects in beyond for Grandmother's Hill and Ryan Hill. The meeting adjourned at 6:30 p.m. 40V Committee Chair Approval Minutes by GL, reviewed by LH 259