HomeMy WebLinkAbout22-028 - Reid Middleton, Inc - City Hall Campus and Tukwila Community Center Seismic StudyCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 22-028
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Reid Middleton, Inc. hereinafter
referred to as "the Contractor," whose principal office is located at
728 134th Street SW, Suite 200; Everett, WA 98204.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A, attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $28,300..
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Aareement. This Agreement shall be in full force and effect for a period commencing
February 1 2022, and ending December 31, 2022, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor 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
Contractor nor any employee of Contractor 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 contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, to the extent caused, in whole or in part, by the intentional wrongful,
reckless, or negligent, acts, errors, or omissions in the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
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 Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor'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.
7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
of not less than A: VII.
E. Verification of Coverage. Contractor 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 Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
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, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
CA Revised May 2020 Page 3 of 4
14. Severabilitv 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.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. 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.
DATED this 22nd day of February
CITY OF TUKWILA
, 2022 .
Allan Ekberg, Mayor 1/22/2022
ATTEST/AUTHENTICATED:
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City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR
By:
Printed Name and Title: Katherine R. Brawner, Associate
Reid Middleton, Inc.
Address: 728 134th Street SW, Suite 200
Everett, WA 98204
CA Revised May 2020 Page 4 of 4
January 21, 2022
File No, 26202L913.093
Mr. Cody Gray
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
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Subject: Agreement for Professional Services
2021 Tukwila Seismic Study
Dear Mr. Gray:
Y11.194.111 01611Y,IIIIIIIIIIIIIVANYHYHIllkiv40
Thank you for considering Reid Middleton to provide professional engineering services for Seismic
Study updates for the City Hall, 6300 Building, and Tukwila Community Center. We look forward
to working with you on this project.
A. PROJECT UNDERSTANDING
In 2008, Reid Middleton completed the seismic assessment of several of the City of
Tukwila's buildings. These evaluations were completed using ASCE 41-06 Tier 1, 2, and 3
procedures. The reports also included cost estimates for conceptual level seismic upgrades of
the buildings.
Reid Middleton understands that the City of Tukwila desires an update to the study
previously prepared by Reid Middleton, Inc., and submitted by Rice Fergus Miller
Architecture & Planning PLLC titled "City of Tukwila Architectural Assessment for Seismic
Program" dated July 25, 2008. The update consists of updating the seismic study and
concepts for the Tukwila City Hall, 6300 Building and Tukwila Community Center.
B. SCOPE OF SERVICES
1. Perform initial field investigation of the City Hall, 6300 Building, and Tukwila
Community Center to determine if there have been changes in the buildings since the
2008 report was issued. It is anticipated that the field investigation of all three
buildings will be performed during one visit.
2. Reid Middleton will use information from the field investigation and building record
drawings to update the seismic evaluations of the three buildings to the current code;
ASCE 41-17 Seismic Evaluation and Retrofit of Existing Buildings. The three
buildings were previously evaluated to the Immediate Occupancy (10) Performance
objective. For the seismic update, the City Hall and 6300 Building would be revised
to the Life Safety (LS) performance objective as they do not house emergency
ALASKA I CALIFORNIA I WASHINGTON
728 131th Street SW, Suite 200, Everett, WA 98204 I 425 741-3800 I www.reidrniddleton.carn
Mr. Cody Gray
City of Tukwila
January 21, 2022
File No. 262021.913.093
Page 2
services and are not required to be operational after a seismic event. The Tukwila
Community Center would remain as the IO objective since it is an emergency shelter
for The City. The Tier 1 and Tier 2 seismic evaluations will be updated; the Tier 3
seismic evaluations will not be updated.
3. The 2008 report would be updated to note the current ASCE 41-17 standards and the
findings of the LS and IO performance objective checklists and Tier 1 and Tier 2
evaluations for each building. The conceptual upgrade designs would be modified to
meet the desired performance objective and to meet the updated ASCE 41 document.
A cost estimate for the conceptual level upgrade design will be developed and
included in the report. A pre -final report will be submitted to the City of Tukwila for
review. After comments on the pre -final report have been received and incorporated
into the report, Reid Middleton will issue a final report to the City of Tukwila.
4. Additional services requested by the City of Tukwila. If the City would like to have
some architectural input relating to the impacts of the proposed seismic upgrade
schemes, Reid Middleton can engage an architect to assist with this effort.
C. PERIOD OF PERFORMANCE
Reid Middleton will begin services upon receipt of a signed agreement and will make every
reasonable effort to complete the services in a timely manner considering the needs of the
project.
D. CLIENT'S RESPONSIBILITIES
The City of Tukwila shall provide available pertinent data, documents, and other information
to Reid Middleton as necessary to complete the services outlined in Section B above.
E. COMPENSATION
1. For services described in Section B, Items 1 through 3, Reid Middleton shall be paid
on a "time -plus -expenses" basis using the rates indicated in the attached Exhibit "A,"
Schedule of Charges Effective July 1, 2021. We estimate the fee for this portion of
the services to be $28,300.
2. For services described in Section B, Item 4, Reid Middleton shall be paid on a "time -
plus -expense" basis in accordance with provisions of the attached Exhibit "A,"
Schedule of Charges Effective July 1, 2021, or on the basis of such other mutually
satisfactory arrangements as may be negotiated.
nidle on
Mr. Cody Gray
City of Tukwila
January 21, 2022
File No. 262021.913.093
Page 3
F. REID MIDDLETON STAFF
Katy Brawner, P.E., S.E. will be the project manager primarily responsible for this job.
However, other individuals at Reid Middleton will work on aspects of your project as
required.
G. CONDITIONS OF AGREEMENT
The terms and conditions of the attached Exhibit "B," Conditions of Agreement, are included
as part of this agreement.
We appreciate the opportunity to submit this proposed agreement. The terms of this agreement will
become effective when confirmed by your signature within 30 days. If you wish to pursue this
project after that time, this agreement may then be renegotiated. If the terms are acceptable, please
sign your acceptance below and return one executed copy to Reid Middleton.
If you have any questions or comments please call Katy Brawner or me.
ACCEPTED:
Sincerely,
Reid t to
,,,,Inc. City of Tukwila
y
Title
Date
Katherine R. Brawner, P.E., S.E.
Associate
Attachments
mmt\O:\21\!913\093 2021 Tukwila Seismic Study\220121 2021 Tukwila Seismic Study Std-LetterAgreement.docx\krb
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Reid Middleton, Inc,
Exhibit "A" Schedule of Charges
Effective July 1, 2021 through June 30, 2022
I. Personnel Hourly Rate
Principal $ 230.00 - $ 265.00
Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor $ 205.00 - $ 255.00
Associate $ 195.00 - $ 205.00
Senior Engineer/Senior Planner/Senior Surveyor $ 175.00 - $ 195.00
Project Engineer/Project Designer/Project Surveyor/Project Planner $ 155.00 - $ 175.00
Design Engineer/Designer II/Design Technician/Survey Crew Chief/
Technical Writer II/ Graphic Designer II $ 120.00 - $ 155.00
Designer I/Planner/CAD Technician II $ 110.00 - $ 135.00
Project Administrator $ 105.00 - $ 125.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 95.00 - $ 120.00
Survey Crew 1 Person/RTK/Robotic/Scanning) 143.00
Survey Crew 2 Person/RTK/Robotic/Scanning $ 195.00
Survey Crew 3 Person/ RTK/Robotic/Scanning) $ 245.00
Expert Witness/Forensic Engineering 1.5 times usual hourly rate (4 hour minimum)
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
1roject requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton personnel.
A premium may be charged if project requirements make overtime work necessary.
IL Equipment Rate
Design Software/Computer Aided Drafting $ 12.00/hour
III. Reimbursable Expenses
Local Mileage - Automobile $ 0.585/mile
Local Mileage - Survey Truck $ 0.585/mile
Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses
include, but are not limited to, subconsultant or subcontractor services, travel and subsistence,
communications, couriers, postage, fees and permits, document reproduction, special instrumentation and
field equipment rental, premiums for additional insurance where required, special supplies, and other costs
directly applicable to the project.
A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,
including continuing projects initiated in prior years, will be based on the latest schedule of charges.
IV. Client Advances
Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client
directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in
the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for
aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to
advance any ofthesecosts in the interest of the project, the amount of the advance, plus a fifteen percent
administrative fee, shall be paid by the client upon presentation of an invoice therefore.
H:\FORMS\EXHIBITS\2021-A.doc (sla 01/07/22)
Reid Middleton, Inc.
Exhibit "B" Conditions of Agreement
I. Payments
A. Due Date: Fees and all other charges are billed monthly as services progress. The full amount of each
invoice is due and payable thirty (30) days after the date of such invoice.
B. Default: Any amount not paid within thirty (30)days of the billing date shall be considered delinquent and
shall bear a delinquency charge of one percent 1%)) per month (or, if lower, the maximum rate allowed by
law) from the date of the invoice. Failure to make a payment by the due date is a substantial breach of a
material term of the parties' agreement, and Reid Middleton may, at its option, suspend services or
tenninate this agreement in that event. The delinquency charge or payment thereof shall not extend the
due date or affect the right to suspend services or terminate. Payments received on delinquent accounts
will be applied first to accrued delinquency charges and then to the unpaid principal amount.
II. Additional Services
A. Authorization: Reid Middleton shall notify the client if it believes that any direction given by the client or
any circumstance presented by the project requires the performance of services beyond the scope of the
agreement. If the client disagrees that the services are beyond the scope of the agreement, or if' the client
prefers that the identified services not be performed, it shall notify Reid Middleton within one week of its
receipt of Reid Middleton's original notice. If no such notice is received, Reid Middleton shall be
authorized to perform the identified services as Additional Services.
B. Definition: Additional Services shall include, without limitation, the following:
1. Replacing stakes unless destroyed by Reid Middleton;
2. Making revisions to drawings, specifications, or other documents which are inconsistent with approvals
or instructions previously given by the client, required due to changes in the law, or required due to
changes in the overall project;
3. Providing services due to default or defective performance on the part of the construction contractor;
4. Providing services to address unanticipated site conditions; or
5. Providing other services beyond the scope of services described in the agreement.
III. Construction Phase
A. Submittal Review: If Reid Middleton's services include review of construction contractor's submittals,
review is conducted only for the limited purpose of checking for conformance of information given with
the design concept expressed in Reid Middleton's drawings and specifications. Review of such submittals
is not conducted for the purpose of determining the accuracy and completeness of details such as
dimensions and quantities. When professional certification of a submittal by others is required by the
drawings or specifications, Reid Middleton is entitled to rely upon such certification.
B. Means and Methods: Reid Middleton shall not have control over, or charge of, and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction. Reid Middleton shall not be responsible
for the construction contractor's acts, errors, or omissions or for its failure to perform the construction in
accordance with the drawings and specifications.
IV. Ownership of Documents
All drawings, specifications, electronic media, and other documents prepared by Reid Middleton for this
project are instruments of Reid Middleton's service for use solely with respect to this project. Unless otherwise
provided in writing, Reid Middleton shall be deemed to be the author of these documents and shall retain all
common law, statutory and other reserved rights, including the copyright. The client shall be entitled to retain
copies of the instruments of service for reference in connection with its use and occupancy of the project. Reid
Middleton's drawings, specifications, electronic media, or other documents shall not be used by the client or by
others on other projects or for additions to this project except by agreement in writing signed by Reid
Middleton and with protection from liability for Reid Middleton. In addition, Reid Middleton's drawings,
specifications, electronic media, or other documents shall not be used for completion of this project by others
unless Reid Middleton is adjudged to be in default under the agreement. Submission or distribution of
documents to meet regulatory requirements or for similar purposes in connection with this project is not to be
construed as publication in derogation of Reid Middleton's reserved rights,
\forms\exhibits\99-B.doc Page 1 of 2
WA 7/3/99 (mal)
Reid Middleton, Inc.
Exhibit "B" Conditions of Agreement
V. Allocation of Risk
The client agrees that, to the fullest extent permitted by law, the aggregate liability of Reid Middleton, its
officers, directors, employees, and consultants to the client for any and all injuries, claims, losses, expenses,
damages and claim expenses arising out of or related to the agreement, from any cause or causes, including but
not limited to negligence, errors, omissions, strict liability, breach of contract or breach of implied or expressed
warranty shall not exceed $100,000 or the total compensation received by Reid Middleton under the
agreement, whichever is greater. The parties acknowledge that this limitation has been negotiated and reflects,
among other things, the potential rewards and benefits of the project and the amount of compensation to be
received.
VI. Dispute Resolution
A. Mediation: In the event of a dispute arising out of or related to the agreement, or the breach or alleged
breach hereof, which dispute cannot be resolved through negotiations between the parties, the parties agree
that the dispute shall be submitted to nonbinding mediation. Unless the parties subsequently agree upon a
different mediation service or mediator, the dispute shall be submitted to the American Arbitration
Association, Seattle Tribunal, acting under its construction industry mediation rules and procedures.
Either party may make the initial submission. Each party shall pay its own costs (including, if applicable,
its attorney and expert witness costs) and one-half of the charge levied by the mediation service and
mediator.
B. Litigation: If any dispute is not resolved through nonbinding mediation, venue for litigation arising under
or related to this agreement, or the breach or alleged breach hereof, shall be in Snohomish County,
Washington, Superior Court. The substantially prevailing party in litigation shall be awarded its costs,
attorney fees and expert witness fees incurred for trial preparation, trial and, if applicable, any and all
appeals.
C. Arbitration: Nothing stated herein shall preclude the parties from later agreeing, by way of a document
signed by both parties, to submit any such dispute to arbitration.
D. Governing Law: The agreement shall be governed by the internal laws of the State of Washington.
VII. Miscellaneous
A. Standard of Care: Reid Middleton intends to render its services in accordance with standards of
professional practice currently prevailing in the locale of the project and for the intended use of this
project. Without limiting the generality of the foregoing, Reid iddleton makes no warranties and offers
no opinions as to matters affecting title which do not appear in the public records.
B. Government Entities: Reid Middleton shall not be liable for damages resulting from the actions or
inactions of governmental agencies. Reid Middleton does not guarantee that requisite permits or
authorizations will be issued.
C. Pollution and Hazardous Materials: Unless specifically stated to the contrary in the agreement, Reid
Middleton shall have no responsibility for the discovery, presence, handling, removal or disposal of
pollutants or hazardous materials (including but not limited to asbestos, asbestos products, PCB, lead, or
other toxic substances) in any form at the project site. In no event shall Reid Middleton (or its officers,
directors, employees or consultants) be liable for costs, losses or damages -- including but not limited to
delay costs or damages due to personal injury, sickness or death, or damage to property -- resulting from or
related to the presence of pollutants or hazardous materials at the project site.
D. Independent Contractor: Reid Middleton is an independent contractor. Reid Middleton is not an employee
or agent of the client.
E. Subconsultants: Reid Middleton shall have the right to retain subconsultants to perform portions of the
services under the agreement. If the client reasonably objects in writing to a particular subconsultant, Reid
Middleton shall replace the subconsultant if it is mutually agreed to be in the best interests of the project.
F. Assignment: Subject to the right to retain subconsultants, neither party shall assign the agreement or any
rights under or related to the agreement without the written consent of the other, which consent may be
withheld for any reason.
G. Accrual: Causes of action between the parties related to or arising out of the agreement shall be deemed to
have accrued, and the applicable statute of limitations shall commence to run, no later than the date on
which Reid Middleton last performs substantial services under the agreement.
H. Entire Agreement: The agreement, including these Conditions of Agreement, represents the entire and
integrated agreement between the parties with respect to its subject matter and supersedes all prior and
contemporaneous negotiations, representations and agreements, whether written or oral.
\forms\exhibits\99-B.doc Page 2 of 2
WA 7/3/99 (mal)
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Facility Improvements Project No. Various
DESCRIPTION: Yearly improvements and required maintenance to City facilities that are located throughout the City.
JUSTIFICATION: Maintenance of existing facilities and required updating and improvements.
STATUS: Ongoing.
MAINT. IMPACT: None.
COMMENT: Ongoing project, only one year actuals are shown in first column.
FINANCIAL Through Estimated
(in $000's)
2019 2020
2021 2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Engineering
4
50
50
50
50
50
50
304
Land (R/W)
0
Construction
32
156
140
150
150
150
150
150
150
1,228
TOTAL EXPENSES
32
160
190
150
200
200
200
200
200
1,532
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
32
160
190
150
200
200
200
200
200
1,532
TOTAL SOURCES
32
160
190
150
200
200
200
200
200
1,532
Facility Projects scheduled for 2021-2022
TCC Exterior Paint/Stain
TCC Retrofit HVAC Chiller
City Hall Seismic Study
City Hall Siding Repairs
Fire Station 53 Exterior Paint/Stain
$ 140,000 2021
10,000 2021
40,000 2021
$ 190,000
100,000 2022
50,000 2022
2021 - 2026 Capital Improvement Program 47