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20-019 - Hart Crowser, Inc - Geotechnical Engineering Services: Tukwila Seismic Update
J*i o� J Ir 1906 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-019(c) Council Approval N/A CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and Hart Crowser, Inc. That portion of Contract No. 20-019 between the City of Tukwila and Hart Crowser, Inc. is hereby amended as follows: Section 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 Work Fleet and Facilities Building Tenant Improvements Project. Section 3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2022, 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, 2022 unless extension of such time is granted by writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 5th day of November , 2021. CITY OF TUKWILA CONTRACTOR C71(laW Shoe/kg Allan Ekberg, Mayor 11/05/2021 Douglas D. Lindquist, Principal ATTEST/AUTHENTICATED APPROVED AS TO FORM 0/tr y 06 4ty Key: ercltlYae,J,c1,,,I1D5.2,0cc1,51,05 c Key: 7,11,3,171bracic10e2,163Scor21,7_ 9561 Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 J Ir City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-019(b) CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and Hart Crowser, Inc. That portion of Contract No. 20-019 between the City of Tukwila and Hart Crowser, Inc. is hereby amended as follows: Section 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 Work Fleet and Facilities Building Tenant Improvements Project. 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 $113,035 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 2 will be $33,035. (Utilizing the remaining contract balance of $15,000, against the requested $48,035 for new added services for pile installation) All other provisions of the contract shall remain in full force and effect. Dated this 8th day of April , 2021. CITY OF TUKWILA CONTRACTOR ac,graav,ecaem,a==rooc=com C (th 6,6-Ge/cg cg Key: fr,J0e1,,ceStc,JOUraCJOtlalo,Jc, Allan Ekberg, Mayor 04/08/2021 Douglas D. Lindquist, Principal ATTEST/AUTHENTICATED APPROVED AS TO FORM C/t/t&7e-y (1)67 4ty Key: SeSaae,ed.cOloloc,faScleSc17017Secle Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 EX V00V0YolHohil11ll'11 A divisions of Haley t Aldrich March 12, 2021 Hari Ponnekanti, PE Interim Public Works Director City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, Washington Re: Proposal for Geotechnical Engineering Post -Report and Construction Services Public Works Fleet and Facilities Building Tenant Improvements Tukwila, Washington 21-5-1140-012 Dear Mr. Ponnekanti: This letter presents our request for authorization to provide geotechnical engineering post -report and construction support for the Public Works Fleet and Facilities Building Tenant Improvements project located at the southeast corner of the intersection of Tukwila International Boulevard and South 112th Street. Our understanding of this project is based on information provided by and discussions with Adam Hutschreider (SHKS Architects), Tony Mason (Lund Opsahl), and the City of Tukwila. The project consists of deep helical foundations for seismic upgrade of the existing building. Scope of Services Our scope of services includes post -report support responding to contractor questions and construction observations of geotechnical elements during construction. At the start of construction, we will be available for a pre -construction meeting with the general contractor and pile installation contractor. During construction, we will perform geotechnical observations required by the City of Tukwila on a full-time or part-time basis. At the time of this proposal, we have not received a specified list of our required observation items. We have included the geotechnical observation items in this proposal that we expect will be required based on our experience on similar projects. Specifically, this will be the pile installation and testing. Following construction, at the city's request, we can provide a PE -stamped letter documenting that the construction activities we observed were in general conformance with our recommendation and the geotechnical engineering report. 313' Elliott A yen :=Li te G99 f;eattl „ Washington 98121 9530 © Copyright 2021, Hart Crowser, a division of Haley & Aldrich All Rights Reserved. Information is proprietary and company -confidential. City of Tukwila March 12, 2021 Cost Estimate .X 21-5-1140-012 Page 2 We estimate construction observation services on a weekly rate basis using the attached rate schedule. Our weekly rates for full-time and part-time weeks are estimated in Table 1 and 2, respectively. Table 1. Weekly Rate for Full-time Construction Observations Full -Time Observations Estimated Hours Hourly Rate Total Budget Field Representative 45 $127 $5,715 Geotechnical Office Support 10 $140 $1,400 Senior Review and Consultation 4 $255 $1,020 Administrative 1 $100 $100 Weekly Direct Expenses, Equipment Rental, Field Kits n/a n/a $450 Estimated Weekly Cost: $8,685 Table 2. Weekly Rate for Part-time Construction Observations Part -Time Observations Estimated Hours Hourly Rate Total Budget Field Representative 20 $127 $2,540 Geotechnical Office Support 6 $140 $840 Senior Review and Consultation 2 $255 $510 Administrative 1 $100 $100 Weekly Direct Expenses, Equipment Rental, Field Kits n/a n/a $250 Estimated Weekly Cost: $4,240 Based on the scope and assumptions in this proposal, our time and materials cost estimate to perform these services is summarized in Table 3. © Copyright 2021, Hart Crowser, a division of Haley & Aldrich All Rights Reserved. Information is proprietary and company -confidential. Note: Ilu" hblll Contract (20...019) had N< of Unused budget from allu,uuMll Li 1111 task that was no Danger aequ,ulbeThat $15k: MO be used toward ar the li lonalll servhes proposal makhng the actual proposed 11 e esti mated ::most $28,.03 $15,.000 . $33,.035„. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City of Tukwila March 12, 2021 Table 3. Cost Estimate 21-5-1140-012 Page 3 Task Description Weeks Rate Total Budget 1 Pre -Construction Activities job $10,000 $10,000 2 Prepare For and Attend Pre -Construction Meeting job $1,000 $1,000 3 Helical Pile Installation and Testing (full-time) 3 $8,685 $26,055 4 Other Observations, As Needed (part-time) 2 $4,240 $8,480 5 Geotechnical Observation Summary Letter job $2,500 $2,500 Estimated Total Costs: $48,035 This estimate is based on our understanding of the durations for items within the anticipated scope and our assumptions regarding the work. We will keep you informed about our budget status throughout the course of the project. Our costs are directly proportional to the duration of our construction observation activities. You will only be billed for the actual cost of the services. The cost estimate in this proposal is based on representative hourly rates for various categories of personnel and expected project expenses. Invoices will reflect actual charges based on the approved Rate Schedule and Schedule of Laboratory and Field Charges and may differ from the cost estimate in this proposal. We have assumed the work will be performed during the daytime on weekdays. There is a $40 per hour premium for night and weekend work. Our field representative will charge a minimum of 4 hours per visit for a day shift and a minimum of 8 hours for a night shift. We require site visits be scheduled a minimum of 24 hours (one business day) in advance for a day shift and 48 hours in advance for a night shift. For day shifts cancelled with less than 24 -hours' notice, we will charge 4 hours at the field representative rate. For night shifts cancelled with less than 48 -hours' notice, we will charge 8 hours at the field representative night rate. We need to assess minimum charges for late cancellations because often we cannot reassign field representatives to other projects. For night shifts, our field representative needs time to safely shift between day and night shifts. Limits of Responsibilities As used herein, the term "observation" implies only that we will observe the progress of the work and tests for those elements with which we are involved. Based on this, we will develop an opinion as to whether the work complies with our geotechnical recommendations. Our services will not include supervision or direction of the actual work of the contractors, their employees, or agents. The contractors should be advised that neither the presence of our representative nor the observation and testing by our firm shall excuse them in any way for defects discovered in their work. It should be understood that Hart Crowser is not responsible for job or site safety in any way on this project. © Copyright 2021, Hart Crowser, a division of Haley & Aldrich All Rights Reserved. Information is proprietary and company -confidential. City of Tukwila March 12, 2021 Terms and Conditions .X 21-5-1140-012 Page 4 We propose to perform our services under the Terms and Conditions of the Consultant Agreement For Geotechnical Engineering Services included with the contract between The City of Tukwila and Hart Crowser, Inc. dated February 28, 2020. This scope of work outlined in this proposal will be billed in accordance with the attached Rate Schedule. In-house laboratory services and field equipment rental and supplies will be billed in accordance with our attached Laboratory Rate Schedule and Geotechnical Kit Pricing List. Our services will be performed in accordance with the standard of care of our profession. The attached Rate Schedule, and any other exhibits or attachments referenced herein are incorporated into our agreement with you, and, by your authorization to proceed, you are agreeing to these changes. This contract shall have an effective date of January 13, 2021. Please sign below to authorization our services and return the signed copy to us. Alternatively, you may prepare a contract document for our signature. 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. Sincerely, HART CROWSER, A DIVISION OF HALEY & ALDRICH DOUGLAS D. LINDQUIST, PE, LEED AP Principal Geotechnical Engineer Doug.. incq.U!St hart rows'::: q..1:rP: Attachments: 1. Rate Schedule (HCHA2020 with field) 2. Laboratory Rate Schedule 2019 3. Geotech Kit Pricing List 2019 ACCEPTED FOR CITY OF TUKWILA BY: .1//4;ar— NATHAN JONES, EIT Sr. Staff Geotechnical Engineer Nathan.Jones hartci owser.coin Signature Date Name/Title - Please Print \\seafs\Projects\Notebooks\21S1140012_Tukwila_Seismic_Upgrade_Construction\Deliverables\Proposal\Tukwila Fleet Facilities geotech construction proposal.docx © Copyright 2021, Hart Crowser, a division of Haley & Aldrich All Rights Reserved. Information is proprietary and company -confidential. CROwSER X A div siou of Haley & /��clric:f HART CROWSER RATE SCHEDULE Staff $115 Field $127 Sr. Staff $140 Project $160 Sr. Project $185 Numeric Modeler $195 Associate $210 Sr. Associate $225 Principal $255 Sr. Principal $290 Drafter $125 Project Assistant $100 DIRECT CHARGES Auto Mileage Truck/Van Rental Rideshare Services Subcontractors and Outside Vendors Second and Third Shift, Weekend and Holidays* Current Federal Standard $95/day + 25C/mile over 50 Cost + 15% Cost + 15% $40/hr. premium The current Schedule of Laboratory and Field Charges for in-house laboratory services and field equipment rental and supplies is available upon request. All rates are subject to change without notice. *Second and Third Shifts are those starting between 4 PM and 4 AM. Extended and back to back shifts with more than 10 total hours will have hours in excess of 10 billed with premium. Field visit 4 -hour minimum. Night shift 8 -hour minimum. Cancellation of scheduled night shift within 24 hours will charge full 8 hours. Preparation for testimony and appearance at depositions and testimony will be charged at 1.5 times the specified rate. H Cd H A2020 313l Elliott Avenue 'alit() G99 f;eattle„ Washington 981121 Tel 20E.324,.9530 LABORATORY RATE SCHEDULE 2019 TEST NAME (COMMENT) Visual Classification Water Content Organic Content Specific Gravity Bulk Density Atterberg Limits Atterberg Limits (with organics) Grain Size (jar) Grain Size (bulk) Grain Size — #200 Wash or 3 -point Gravel/Sand/Fines Grain Size - Hydrometer Only Grain Size - Combined with Hydrometer Modified Proctor (1pt. without grain size) Modified Proctor (4pt. without grain size) Modified Proctor (4pt. cohesive without grain size) CBR (granular without modified Proctor) CBR (cohesive without modified Proctor) Constant Rate of Strain (CRS) Consolidation CRS extended duration surcharge (per day after 3 days) Triaxial Compression: CU with isotropic consolidation CU with Ko consolidation Stress Path Tests .X UNIT PRICE $15 $25 $75 $100 $100 $125 $175 $125 $150 $100 $150 $250 $120 $250 $300 $400 $500 $640 $25 $500 $700 $600 3 -Point CU Suite $$$6 Triaxial Compression: UU $300 Triaxial test surcharge (per day after first 5 days) $25 Tube Cut Surcharge (strength test unit prices include two) $25 Tube Sample Extrusion $100 High Pressure Surcharge (per point over 100 psi) $100 NOTES 1. A report generation and production fee (15% of laboratory invoice) will be added to all projects). 2. Expedited results incur a test unit price surcharge of 100% (requests for expedited testing will be reviewed on a case by case basis. TAT is constrained by test methods and number of tests requested). 3. A 20% surcha rge will be added to test unit prices for environmental or hazardous samples. 4. Unit prices for triaxial tests are quoted per point unless otherwise noted, and include pore pressure monitoring and initial tube segment cuts (additional cuts required to obtain a specimen are on a per cut basis as noted). 5. Test unit prices for tube samples are based on a standard sa mple size, in most cases a 2.8" diameter tube. Other sizes can be accommodated but may require special handling and equipment charges (hourly rate for time and extra equipment charged directly to the project). 6. Price for 3 -point CU Suite is 75% of the selected triaxial method unit price times three. 7. Standard laboratory methods follow ASTM and/or other best practices. Contact lab for details or questions regarding methods, modifications, or custom testing. 3131 Ef1993 Avenue, Su1.. 12999 199 Washington 88121 Tel 206,324,9530 .X 0 GEOTECHNICAL KITS Backfill Control/ Footing Check Drilled Pile/Shafts Driven Pile Geotech Drilling G E001 G E002 G E003 G E004 Large Sample Bags Cloth Tape 100-300' Clinometer/Level Garbage Bags T -Probe Eng. Tape 25' Cloth Tape 100-300' hand tools Standard PPE Mining Lamp Counter Knife caps (external) Standard PPE Ear Protection Paper Towels duct tape flowmeter Eng. Tape 25' Pocket Penetrometer expanded inserts (2) hydrant kit Laser and stand Shelby caps, internal extra tubes (3) lade) stove tube carrier wax backflow preventor Stop Watch Torvane Standard Standard PPE Ziplocks Standard PPE Standard PPE Standard PPE Saximeter separate Geotech jars separate $5/day $20/day $30/day $35/day Inclinometer OSM Test Pit Tieback G E005 G E006 G E007 G E008 Eng. Tape 25' hand tools Inclinometer accessories Inclinometer Field Tablet weighted tape/sounder Standard PPE $155/day Brunton Cloth Tape 100-300' Eng. Tape 25' Flagging Tape Mining Lamp Standard PPE $50/day Eng. Tape 25' hand tools Large Sample Bags Pocket Penetrometer shovel Torvane Ziplocks Standard PPE $35/day Clinometer Cloth Tape 100-300' Eng. Tape 25' Mining Lamp Standard PPE $30/day Shelby Tube Sampling* PIT Box Test Manual Field Exploration Concrete Coring G E009 G E010 G E011 G E012 *assuming driller provides tubes Pit Box (2) Hand auger Coring machine Drive probe (Sowers or caps (external) fire hose (to 500 ft) Williamson) Portable generator duct tape flowmeter Hand tools Shop vacuum expanded inserts (2) hydrant kit Pocket penetrometer Concrete patch extra tubes (3) lade) stove tube carrier wax backflow preventor Torvane Core barrel wear and tear Standard PPE Standard PPE Standard PPE Paper Towels and Standard PPE Geotech jars separate Ziplocs separate $25/day $400/day $100/day $300/day v0+5.14.19 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-019(a) CONTRACT FOR SERVICES Amendment No. 1 Between the City of Tukwila and Hart Crowser, Inc. That portion of Contract No. 20-019 between the City of Tukwila and Hart Crowser, Inc. is hereby amended as follows: 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, 2021, 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, 2021 unless extension of such time is granted by writing by the City. The duration of the contract is now through December 31, 2021, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this 16th day of December CITY OF TUKWILA C-0~ 065e/cg: Allan Ekberg, Mayor 12/16/2020 ATTEST/AUTHENTICATED Oh4.€4-t-9 6,677(cth&t.t-9 Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 2020. CONTRACTOR Douglas D. Lindquist, Principal APPROVED AS TO FORM c Q.5erwee Office of the City Attorney 7c/4/44 - Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 20-019 Contract Number: Council Approval 2/24/20 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 Desianation. 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. Consultant shall perform its services consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the "Standard of Care"). 3. Puration of Aareement: 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. 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 oopiea, including reproducible cVpies, 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 prject specified in this Agreement. G. Comoliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, exercise the Standard of Care to 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 (with the exception of professional liability dainOS), indemnify and hold the City, its officSnS. Vfficia!s, employees and volunteers harmless from any and all third party claims ("Claims") and the injuries, damages, losses or suits including attorney fees, arising out of or resulting from such Claims to the extent caused by willful nliSCOOdU[t, reckless acts, ernore. or omissions, or negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. For professional liability claims, Consultant shall reimburse the City, its oMic8r8, officia|G, employees and volunteers for all costo, including reasonable attorneys' fees, incurred in the defense of such claims to the extent caused by Consultant's willful mieoonduct, reckless acts, errons, or omissions, or negligent acts, errors or omissions. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of Iiability 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 i'uri8s 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, r8presentativea, 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 n[iD equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the Iimits 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 ovvned, non-ovvned, 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 shaU cover Iiability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Page 2 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. 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 Page 3 or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assianment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law: Venue: Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 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. 19. Limitation of Liability. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and its officers, directors, City, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional Page 4 errors and omissions), strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Consultant or $4,000,000, whichever is greater. 20. Mutual Waiver of Consequential Damages. Consultant and City waive all consequential or special damages, including, but not limited to, loss of use, profits, revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to the Contract or the services provided by Consultant, regardless of whether such claim or dispute is based upon breach of contract, willful misconduct, reckless acts or omissions, or negligent acts or omissions of either of them or their employees, agents, subconsultants, or other legal theory, even if the affected party has knowledge of the possibility of such damages. This mutual waiver shall survive termination or completion of this Contract. DATED this 2511'1 day of CONSULTANT By: By: CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty z zS Zozo , 20 20 . Printed Name: Title: 1:4,419Iats 12 f— /'. c ispol Approved as to Form: eofte ity Atto Page 5 „!;:.•:•:,!)::!..1.;:r.,:,::Rg • .• • Exhibit A Geoteclnical Engineering Services for Tukwila Seismic Update --)repared for City of Tukwila January 20, 2020 11 HARTCROWSER Geotechnical EngineeringDeshgmSenxces for The Tukwila Seismic Update Project HART CROWSER - OUR BACKGROUND AND EXPERIENCE This document presents our proposed scope and costs to provide geotechnicalenQneerngsoi| exploration and design services supporting the Tukwila Seismic Update Project located at 11210 Tukwila International Blvd. Hart Crowser is a 120 -person geotechnicalandenvronmenta|enQneern8finnthathasbeensuppordng new development and redevelopmentin the Puget Sound area since 1974We 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 propertyimmediately 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 Iocations. 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. IN Page 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 gtacial 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 geotechnicalengineerngdesignrequirementsforthea 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 servicesas needed, under a separate scope of work. We witi 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 philfor performing subsurface explorations and testing is to cottect sufficient data to optimize the reduction in risk for construction change orders and the cost of collecting the data. Subtask 1.1 —SoUl Explorations We have existing borings available from our geotechnicalengineehng design support for the adjacent property to the south of the pdevelopment. 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 NV Page | Geotechnical Engineering Design Services for The Tukwi/a Seismic Update Project 130 feet deep to obtain data within the glacial till at depth. In addition, we propose that the three CPT probes bepushed torefusal, which isestimated tooccurintheo|ada|tiUatdeothsof1OOto12Ofeet.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. *` 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 — LaTesting Our laboratory tesinQprogrannviUfocusontheindexpropertiesoftheooi!s,indudingvvatercontents 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. NV Page 3 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 pr'ect.Ourfina|n*portxvi||pnesentourMndings,ourUddand|aboratorydata,detai|ed 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 sseismic 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. ���� ���� We will perform the scope of work presented herein for a lump sum fee shown below.The detail bdow 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 DriUing (four SPT and three CPT borings) S27,000 Hart Crowser Field Services $12,500 Subtask 1.2 Laboratory Testing $3,500 TASK 1 SUBTOTAL$43,000 Page ILI Task 2 - Geotechnical Engineering Design Services Subtask 2.1 Geotechnical Engineering Analysis and Evaluations Subtask 2.2 Meetings and Reporting (Optiona) Subtask 2.3 Optional: Site -Specific Seismic Analysis Task 2 Subtotal DESIGN TOTAL (Task 1 + Task 2) Geotechnical Engineering Design Services for The Tukwila Seismic Update Project $16,000 $6,000 $15,000 $22,000 to $37,000 to ost-Report Services ( not included in this proposal) Our consulting services after the geotechnicalreporthasbeensubrnittedtothe6esignteannareoben some of the mosvaluable 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 sns 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 pject 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���wConditions and 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 p'ectcomp|eted.OursenviceswiUbeperfonnedinaccordancevvith1hestandardofcareof 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 musbe 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. Page 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. DOUGLAS D. LINDQUIST, PE, LEED AP Principal, Geotechnical Engineer Attachments: EAMAAN TABATABAI, PE Project, Geotechnical Engineer Initial here to authorize the optional Subtask 2.3: ACCEPTED FOR CITY OF TUKWILA BY: Signature Date Name/Title - Please Print \\seafs \ Projects\ Notebooks \20S1140011 jukwila_Seismic_Upgrade\ Deliverables\ Proposal \Tukwila Seismic Update Proposal.docx Page I 6 11 HIARTCROVIISER