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HomeMy WebLinkAbout02-112 - Landau Associates - Foster Golf Course Clubhouse Geotechnical Services/G oz- <<2(d) LANDAU 1114 ASSOCIATES May 11 2004 City of Tukwila 13900 Interurban Avenue South Tukwila, Washington 98168 Attn. Mr Mike Sweeney Owner s Representative RE SCOPE AND BUDGET PROPOSAL SOIL EXCAVATION AND SOIL INVESTIGATION ACTIVITIES FOSTER GOLF LINKS PROJECT PARKS AND RECREATION DEPARTMENT Dear Mr Sweeney Landau Associates is pleased to submit this proposed scope of services and cost estimate to conduct soil excavation and subsurface investigation activities for the Foster Golf Links facility (subject property) in Tukwila, Washington. The area to be investigated and excavated is near the northwestern corner of the new lower parking lot located west of the main clubhouse at the subject property SCOPE OF SERVICES Based on our discussions with you and our observations at the site, we understand that you would like Landau Associates to conduct the following tasks at the subject property. • Task 1 — Initial excavation of petroleum impacted soil associated with a former underground storage tank (UST) system. This task was completed as of April 30 2004 • Task 2 — Subsurface investigation to assess the extent of petroleum impacted soil emanating from the former UST system and to evaluate if groundwater appears to be impacted by petroleum constituents. • Task 3 — Additional excavation of petroleum impacted soil based on the results from the subsurface investigation completed as Task 2 • Task 4 — Preparation of documentation to notify the Washington State Department of Ecology (Ecology) of the petroleum impacts observed, to summarize the activities completed for Tasks 1 through 3 and to make recommendations for additional actions, if necessary Further description of the tasks identified above are included in the following sections ENVIRONMENTAL I GEOTECHNICAL I NATURAL RESOURCES 130 2nd Avenue South Edmonds, WA 98020 (425) 778-0907 fax (425) 778-6409 www.landaNinc cpm SEATTLE SPOKANE TACOMA PORTLAND 9 E 4 Task 1 — Initial Excavation of Petroleum Impacted Soil Landau Associates and Cecon Corporation (Cecon) completed this task at your request based on an authorization you provided in an e-mail dated April 26, 2004 The authorized scope of work for this task originally included the removal of approximately 30 tons of petroleum impacted soil and the replacement of the excavated soil with "clean backfill. However, based on observed site conditions and with your verbal authorization, approximately 175 tons of petroleum impacted were removed from the site on April 29 and 30, 2004 and approximately 130 tons of clean fill were Imported and stockpiled on site The soils excavated were transported to TPS Technologies, Inc (TPS) in Tacoma, Washington for thermal desorption treatment and disposal. As discussed with you on April 30 2004, it appeared that significant additional petroleum impacted soil was present beyond the limits of the excavation to the north, south, east, and west. On May 3 2004, it was agreed that a subsurface assessment should be completed beyond the limits of the excavation area to determine the appropriate limits of the excavation and to determine if some of the petroleum impacted soil could remain in place based on appropriate soil cleanup levels as published in the Washington State Model Toxics Control Act (MTCA) The original budget agreed on for this task was $9,432 Based on the additional soil removed and imported, the actual cost to complete Task 1 will be approximately $14,000 Task 2 — Subsurface Investigation On May 6, 2004, Landau Associates personnel will return to the subject site with a drilling subcontractor to conduct a subsurface investigation on the periphery of the excavation completed on April 29 and 30 2004 The purpose of the subsurface investigation will be to attempt to determine the extent of petroleum impacted soil in the vicinity of the former UST system and to attempt to determine if the groundwater appears to be impacted. Direct push drilling methods will be used to collect multiple soil samples and one groundwater sample in the vicinity of the excavation area. We expect to complete up to 10 soil borings to a total depth of 15 ft or less during the completion of Task 2. During the completion of the soil borings, a Landau Associates geologist will visually inspect the soil recovered from the borings and use a photo ionization detector (PID) to "screen soils in an attempt to determine the relative levels of petroleum impact. The Landau Associates field geologist will collect representative soil samples from the soil borings to submit to an analytical laboratory for analysis of petroleum impacts The soil samples will be analyzed by the laboratory for gasoline range total petroleum hydrocarbons (TPH-Gx) using Method NWTPH-Gx, benzene, toluene ethylbenzene and xylenes (BTEX) using EPA Method 8021 and total lead using EPA Method 6010/7470 Sample results will be requested from the analytical laboratory on a 7 -day turnaround time (TAT) In addition to the soil samples, the field geologist will collect one groundwater sample from the soil boring which exhibits the highest level of petroleum impact. The groundwater sample will also be analyzed for TPH-Gx, BTEX, and total lead using the same methods identified above The estimated cost to complete Task 2 is $5,700, which includes approximately $3 150 in subcontractor fees for drilling and laboratory analysis. Task 3 — Additional Excavation of Petroleum Impacted Soil Following the completion of the subsurface Investigation activities outlined in Task 2 and interpretation of the analytical results, Landau Associates will return to the subject site with Cecon to remove additional petroleum impacted soil for off site disposal at TPS Landau Associates personnel will utilize the Information gathered during the completion of Task 2 to identify the approximate lateral extent of the excavation area. Landau Associates will use observations made during the completion of Tasks 1 and 2 and field monitoring equipment to attempt to segregate "clean overburden soil from the petroleum impacted soil to be disposed off site at TPS Landau Associates will collect soil samples for laboratory analysis to document soil conditions at the limits of the excavation. The estimated cost to complete Task 3 is approximately $20 700 Approximately $16,200 of the Task 3 cost will be for subcontractor fees associated with soil excavation, transport, disposal, analysis, and backfill operations. This cost estimate to complete Task 3 is based on the following assumptions. 5/11/04 \\Edmdata\wproc\457\003\FosterPropltr.doc 2 LANDAU ASSOCIATES • The excavation work will be conducted to remove petroleum impacted soil in excess of appropriate MTCA Method A (unrestricted land use) cleanup levels. • The soil excavation, loading, and site restoration will require a total of 3, 10 -hour days onsite for Landau Associates and Cecon personnel. • A total of 180 tons of petroleum impacted soil will be removed for offsite disposal at TPS • A total of up to 10 soil samples will be collected from the extent of the expanded excavation and the soil stockpiles, as appropriate. The soil samples will be analyzed for TPH-Gx using Method NWT"H-Gx, BTEX using EPA Method 8021 and total lead using EPA Method 6010/7470 Sample results will be requested from the analytical laboratory on a 24-hour TAT • Following the receipt of analytical results, the excavation area will be re -graded and restored using the "clean soil excavated from the subject site and imported backfill. For the purpose of this cost estimate approximately 100 tons of imported of backfill is assumed to be required. Task 4 - Preparation of Documentation Landau Associates will review the analytical data generated during the field activities and present the data along with a summary of the work in a report to document the UST and soil removal tasks. The documents prepared by Landau Associates will include a notification to Ecology to report the observations indicating a release of gasoline to the subsurface has occurred at the subject property and a summary report to detail the activities completed to investigate the extent of the petroleum impacts, the actions completed to address the petroleum impacts, and recommendations for additional action, if necessary The estimated budget for Task 4 is approximately $6,500 ESTIMATED SCHEDULE We are prepared to initiate the work described in this proposal upon receipt of your authorization to proceed. We anticipate the completion of Task 2 by May 10, 2004, Task 3 by May 20 2004, and Task 4 by May 31 2004 • The depth to groundwater at the subject property is approximately 15 to 20 ft BGS and we will be able to advance a direct push sample probe to groundwater for the collection of a sample • The handling charge for subcontractor costs is 10 percent. • Costs do not include a contingency amount for unanticipated out -of -scope activities by subcontractors and/or Landau Associates. If unanticipated out -of -scope activities are necessary, Landau Associates personnel will advise you of the situation and proceed upon receiving your authorization. Out of scope activities will be charged in accordance with the rate schedule and general conditions included as Attachment A to this proposal. 5/11/04 \\Edmdata\wproc\457\003\FoslerPropltr.doc 3 LANDAU ASSOCIATES • MTCA Method A cleanup levels will be used to assess whether soil or groundwater has been impacted and requires additional action. However, if application of the MTCA Method A cleanup levels would result in the disruption of operations at the subject site, we will discuss with you and an Ecology representative the potential use of more lenient cleanup levels that may require restrictions on future site uses. ESTIMATED BUDGET The estimated cost for the proposed scope is $46,900 and is detailed by task as follows Task Identification Estimated Cost, $ Task 1 — Initial Excavation of Petroleum Impacted Soil 14,000 Task 2 — Subsurface Investigation 5,700 Task 3 — Additional Excavation of Petroleum Impacted Soil 20,700 Task 4 — Preparation of Documentation 6,500 Total 46,900 We propose to provide our services to the City of Tukwila on a time -and -expense (T&E) basis. If unforeseen conditions are encountered, we will bring these to your attention and seek modification to the scope of services and budget, as appropriate AUTHORIZATION If you agree to the scope of services described above and wish to authorize our services, please sign in the space provided on the authorization below and return one copy of this letter or authorize by your preferred method. 5/11/04 \\Edmdata\wproc\457\003\FosterPropllr.doc 4 LANDAU ASSOCIATES Thank you for giving Landau Associates the opportunity to provide this proposal. Please give us a call if you have questions regarding our proposal We look forward to working with you on this project. LANDAU ASSOCIATES, INC Martin T Powers, P.E. Senior Associate Engineer MTP/rgm Attachments 2004 Rate Schedule and General Conditions 5/11/04 \\Edmdata\wproc\457\003\FosterPropltr.doc 5 LANDAU ASSOCIATES AUTHORIZATION The scope of services and contractual conditions as described in this proposal and its attachments are accepted and Landau Associates, Inc is authorized to proceed. By For S-feer) M MuUxt signature* printed WiWatt Aal QCIAL firm* date Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing. City of Tukwila Foster Links Golf Course 5/I1/04 bedmdatasharcdoc4457A 003\FostcrPropltr.d4 5/11/04 \\Edmdata\wproc\457\003\FosterPropltr.doc 6 LANDAU ASSOCIATES COMPENSATION SCHEDULE - 2004 I4 LANDAU ASSOCIATES Personnel Labor Hourly Rate Senior Principal $175 Principal 165 Senior Associate 150 Associate 135 Senior 120 Senior Project 108 Prod ect 48 Senior Staff 88 Senior CAD 80 Staff 78 Assistant/Senior Technician 68 Project Coordinator 65 Technician/CAD 58 Word Processor (including equipment) 52 Support Staff 42 A Senior Consultant rate will be assigned to projects involving high-level consultation or litigation support. The rate for Senior Consultant will be negotiated on a project -specific basis, depending on project needs and the expertise required. Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate Rates apply to all labor including overtime. Technical disciplines include Biologist, Chemist, Engineer, Environmental Planner Geochemist, Geologist, Hydrogeologist, Hydrologist, Risk Analyst, Scientist. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be chargcd at a rate of cost plus a ten percent (10%) handling charge A higher handling charge for tecnnical subconsultants and for high-risk field operations may be negotiated on an individual project basis, similarly a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Term Invoices for Landau Associates services will be issued monthly Interest of 1'/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates (including continuing projects). 2/27/04 \\edmdata\sharedoc\000proposaO\COMPENSATION SCHEDULE.doc LANDAU ASSOCIATES GENERAL CONDITIONS LANDAU 14 ASSOCIATES SERVICES TO BE PROVIDED Landau Associates agrees to provide Client, for Client's sole benefit and exclusive usc, the consulting services identified in Landau Associates proposal. This agreement gives no rights or benefits to anyone other than Client and Landau Associates. CLIENT FURNISHED INFORMATION Client shall provide to Landau Associates information regarding the property location, property limits, the location of any buried utilities or structures, and any requirements for entry or work permits, security clearances, licenses, or any other required permissions. Landau Associates shall not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, pipelines, etc.) which arc not identified by Client. If the property is not owned by the Client, the Client shall obtain right -of -entry for the purpose of our services. OWNERSHIP OF DOCUMENTS Unless otherwise agreed, all logs, notes, calculations, reports, and other documents prepared by Landau Associates arc the property of Landau Associates. All such documents will be made available to Client at reasonable times. The Client is responsible for appropriate usc of the information and recommendations contained in Landau Associates reports and other written correspondence and shall not disregard or deviate from same without written notice to Landau Associates. Any and all such information and recommendations arc provided for and are relevant to specific projects, as identified; any reuse of such information for extensions of a project or for any othcr project shall be at the Client s sole risk and without liability or legal exposure to Landau Associates. STANDARD OF CARE AND LIMITATION OF LIABILITY Landau Associates services will be performed, within the scope of service and level of effort limits prescribcd by Client, with the degree of skill and diligence normally employed by engineering professionals performing similar services in the Northwest at the time services are performed. No other warranty or representation, either express or implied, is included or intended in our proposals, contracts, reports, and communications. To the fullest extent permitted by law Client expressly agrees to limit any and all claims of Client, including, but not limited to, claims alleging negligence, breach of contract, or breach of warranty against Landau Associates and/or its employees, for all losses of any kind, including economic loss, to an amount not to exceed the total fee paid under this agreement or $50,000, whichever is greater In the event the Client makes a claim against Landau Associates, at law or otherwise, for alleged negligence, error, omission, breach, or other act arising out of the performance of our professional services, and the Client fails to prove such claim, the Client shall pay all costs incurred by Landau Associates in defending itself against the claim. CLIENT INDEMNIFICATION Client acknowledges that Landau Associates is not responsible for the creation or presence of contamination or pollution, if any at the property Client agrees to indemnify defend, and hold harmless Landau Associates and any of its officers and employees from and against any claim, suit, action, or liability due to or related to contamination conditions at the property except to the extent such claim, suit, action, or liability is caused by the negligence of Landau Associates. For the purposes of this clause, contamination conditions shall mean the actual or alleged existence, discharge, release, or escape of any irritant, pollutant, contaminant, or hazardous substance into or upon the atmosphere, land, groundwater or surface water of or near the property Landau Associates will promptly notify Client of contamination conditions, if identified. SITE SUPERVISION Landau Associates has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the ac Lions of any trade contractor Unless expressly provided in the scope of services, Landau Associates has no duty to inspect, supervise, note, correct, or report any health or safety deficiencies of Client, contractors or other entities or persons at the project site not employed or subcontracted by Landau Associates. PAYMENT Invoices for Landau Associates services will be issued monthly payable upon receipt. Interest of 11/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney s fees or other costs incuned by Landau Associates in collecting any delinquent amount shall be paid by the Client. SAMPLE RETENTION Unless other arrangements are made, uncontaminated samples will be discarded in accordance with applicable regulations 30 days after testing is complete. Contaminated or hazardous materials samples not destroyed by testing remain the property of the Client and will be returned to the Client or project site for disposition as directed by Client. SUSPENSION OR TERMINATION If the Client requests suspension or termination of our services prior to completion, Landau Associates reserves the right to complete such analyses and records as arc necessary to place the files in order, and, when necessary to protect our professional reputation, to complete a report on the services provided to date. The Client shall reimburse Landau Associates for personnel time and all reasonable expenses at current .'ates required to accomplish such closing. SEVERABILITY AND SURVIVAL In the event that any provision of this agreement shall be held invalid and unenforceable by a decision of a court of competent jurisdiction, the remaining provisions shall be valid and Linding. All terms of this Agreement allocating or limiting liability shall survive the completion of the services hereunder and the termination of this agreement. PRECEDENCE These general conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order notice to proceed, or like document regarding Landau Associates' services. 2/27/04\\edmdata\sharedoc\000proposal\GeneralConditions.doc 1 LANDAU ASSOCIATES Landau Associates 950 Pacific Avenue, Suite 515 Tacoma, WA 98402 253-926-2493 Foster Golf Links UST Removal Cost Estimate Consultant Costs Unit Cost Estimated units Extended Cost Project Geologist: Subcontractor Oversight, Data Interpretation Report Letter $98/hr 20 $ 1 960 00 Senior Reviewer $120/hr 4 $ 480 00 Project Coordinator Produce documents file management $65/hr 5 $ 325 00 Field Equipment (estimate) PID sampling supplies etc Lump sum 1 $ 300 00 City of Tukwila Fire Dept Permit Fee Lump sum 1 $ 75 00 Subtotal $3 065 Subcontractor Costs Mobilization Demobilization Lump Sum 1 $ 120 00 Labor & Equip to excavate and load PCS Backfill Excavation $1330/day 1 $ 1 330 00 Transport & Dispose of PCS $55/ton 30 $ 1 650 00 Clean Transport & Dispose of tank Lump Sum 1 $ 810 00 Subtotal w/ 12% Clean import backfill $13/ton 30 $ 390 00 markup $4 816 Analytical Costs NWTPH-Gx with BTEX ( 48 to 72 hi Subtotal w/ 12% rush turnaround) $120 4 $ 480 00 markup Assumptions 20 cubic yards of material at 1 5 tons per yard removal and replacement Backfill material to be placed by onsite contractor Notes Tukwila Fire Dept reported 5-7 days for permit. i Rhonda Berry, City Administrator j City of Tukfila1 tpvi $538 TOTAL w/ 10% contingent fee $9,432 Additional Scope of Services Approved ,2 BruceFletcher, Director of Parks and Recreation City fV1Ti)Li N Nan 5 X004 F AG oz -1!2 fib) IALANDAU ASSOCIATES November 20 2003 City of Tukwila Parks and Recreation Department 13900 Interurban Avenue South Tukwila, Washington 98168 Attn Mike Sweeny Owner's Representative, Foster Golf Projects RE BUD' ET STATUS FOR CONSTRUCTION SUPP'OR.T SERVICES FOSTER LI kS GOLF C. LU'IIIUUSF TUKWILA, WASHINGTON Dear Mr Sweeny - This letter provides a summary of Landau Associates budget status through November 1 2003 and estimates the budget required to complete construction support services for the Foster Links Golf Clubhouse located at Foster Links Golf Course in Tukwila, Washington As you are aware, our services are being provided to monitor earthwork -related construction activities to determine if the contractor's work meets the requirements of the geotechnical report and the project specifications To date, the following scope items have been completed. • Observation and testing of structural fill to establish planned subgrade for the clubhouse • Observation of backfilling prepared foundation subgrades s Observation of prepared subgrades for slab -on -grade floors Scope items remaining to be completed include • Observation of prepared subgrade for the west parking lot • Preparation of report summarizing our construction -related observations The level of effort being provided by us is mainly dictated by the contractor's progress and schedule constraints, along with other factors beyond our control To date, the level of effort expended by Landau Associates to provide construction support sen ices has been greater than budgeted The increase in our level of effort is due primarily to pavement issues related to the cast parking lot. As of about mid April 2002, we exceeded our budgeted amount of $9,300 Through ,`November 1 2003 our total expenditures are at about $9,313 19 The additional level of effort pro\ ided to date related x 1rwL, Rick, ji nance_., NT°D D E G 2 6 2003 ORIUNAL L. ENVIRONMENTAL GEOTECHNICAr I NATURAL RESOURCES 4210 20th Street East, Suite F Tacoma WA 98424 (253) 926 2493 fax (253) 926-2531 www.landauinc.com SEATTLE SPOKANE TACOMA PORTLAND to the east parking lot is estimated at $1 600 (about $1,052 in labor and $548 in coring costs) We are generally on budget for the other tasks (site grading, foundations preparation and slab/pavement subgrade preparation) We request that our budget be increased by $1,600 (total budget $10 900) to cover the additional level of effort associated with the east parking lot pavement issues Attached is our invoice in the amount of $2,554 04 (total project expenditure of $9,313 19) for services provided through November 1 2003 We are continuing to provide services, and will continue to do so unless otherwise directed After you have had a chance to review this letter and have questions or require additional infortnation, please call me at (253) 926-2493 to discuss We appreciate the opportunity to be of service to C .t of Tukwila Parks and Recreations Department on this project. LANDAU ASSOCIATES INC f Edward J Heavey, P E Associate EJHIjas Attachments Invoice for Services from September 28 2003 through November 1, 2003 Additional Scope of Services Approved I (.) -Bfuce N tcher, birector of) Parks and Recreation City of Tukwila 11/20/03 I/DATA\PROJECT\457\003030\Budget Status IV doc LANDAU ASSOCIATES 2 COMPENSATION SCHEDULE s 2002 I4LANDAU ASSOCIATES Personnel Labor Hourly Rate Principal $150 Senior Associate 135 Associate 125 Senior 115 Senior Project 105 Project 95 Senior Staff 85 Staff 75 Assistant/Senior Technician/Senior CAD 65 Technician/CAD 55 Project Coordinator 55 Word Processor (including equipment) 50 Support Staff 40 A Senior Consultant rate may be assigned to projects involving highly complex consultation or litigation support In such cases, the rate for Senior Consultant will be assigned on a project -specific basis. Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times hourly rate. Rates apply to all labor including overtime Technical disciplines include Biologist, Chemist, Engineer Environmental Planner Geochemist, Geologist, Hydrogeologist, Hydrologist, Risk Analyst, Scientist. Equipment Field, laboratory and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Invoices Term Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services are charged at a rate of cost plus a twelve percent (12%) handling charge. The handling charge for technical subconsultants and for high risk field operations will be higher on an individual project basis. The handling charge may be lower for projects which involve disproportionally large subcontracting. Invoices for Landau Associates services will be issued monthly Interest of 11/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Unless otherwise agreed Landau Associates reserves the right to make reasonable adjustments to our compensation rates (Including continuing projects) 8/i4/02 I ADMIN\Comp Schedule 02 duc LANDAU ASSOCIATES GENERAL CONDITk..IJS IA LANDAU ASSOCIATES SERVICES TO BE PROVIDED Landau Associates agrees to provide Client, for Client s sole benefit and exclusive use, the consulting services identified in Landau Associates proposal. This agreement gives no nghts or benefits to anyone other than Client and Landau Associates. CLIENT FURNISHED INFORMATION Client shall provide to Landau Associates tnfom)ation regarding the property location, property limits, the location of any buried utilities or structures, and any requirements for entry or work permits, security clearances, licenses, or any other required permissions. Landau Associates shall not be liable for damage or injury ansing from damage to subterranean structures (pipes, tanks, pipelines, etc.) which are not identified by Client. If the property is not owned by the Client, the Client shall obtain right -of -entry for the purpose of our services. OWNERSHIP OF DOCUMENTS Unless otherwise agreed, all logs, notes, calculations, reports, and other documents prepared by Landau Associates are the property of Landau Associates. All such documents will be made available to Client at reasonable times The Client is responsible for appropriate use of the information and recommendations contained in Landau Associates reports and other written correspondence and shall not disregard or deviate from same without written notice to Landau Associates. Any and all such information and recommendations are provided for and are relevant to specific projects, as identified any reuse of such information for extensions of a project or for any other project shall be at the Client s sole risk and without liability or legal exposure to Landau Associates. STANDARD OF CARE AND LIMITATION OF LIABILITY Landau Associates services will be performed, within the scope of service and level of effort limits prescribed by Client, with the degree of skill and diligence normally employed by engineenng professionals performing similar services in the Northwest at the time services are performed. No other warranty or representation, either express or implied, is included or intended in our proposals, contracts, reports, and communications. To the fullest extent permitted by law Client expressly agrees to limit any and all claims of Client, including, but not limited to, claims alleging negligence, breach of contract, or breach of warranty against Landau Associates and/or its employees, for all losses of any kind, including economic loss, to an amount not to exceed the total fee paid under this agreement or $50,000 whichever is greater In the event the Client makes a claim against Landau Associates, at law or otherwise, for alleged negligence, error omission, breach, or other act arising out of the performance of our professional services, and the Client fails to prove such claim, the Client shall pay all costs incurred by Landau Associates in defending itself against the claim. CLIENT INDEMNIFICATION Client acknowledges that Landau Associates is not responsible for the creation or presence of contamination or pollution, if any at the property Client agrees to indemnify defend, and hold harmless Landau Associates and any of its officers and employees from and against any claim, suit, action, or liability due to or related to contamination conditions at the property except to the extent such claim, suit, action, or liability is caused by the negligence of Landau Associates. For the purposes of this clause, contamination conditions shall mean the actual or alleged existence, discharge, release, or escape of any irritant, pollutant, contaminant, or hazardous substance into or upon the atmosphere, land, groundwater or surface water of or near the property Landau Associates will promptly notify Client of contamination conditions, if identified. SITE SUPERVISION Landau Associates has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor Unless expressly provided in the scope of services, Landau Associates has no duty to inspect, supervise note, correct, or report any health or safety deficiencies of Client, contractors or other entities or persons at the project site not employed or subcontracted by Landau Associates. PAYMENT Invoices for Landau Associates services will be issued monthly payable upon receipt. Interest of 11/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney s fees or other costs incurred by Landau Associates in collecting any delinquent amount shall he paid by the Client. SAMPLE RETENTION Unless other arrangements are made, uncontaminated samples will be discarded in accordance with applicable regulations 30 days after testing is complete Contaminated or hazardous matenals samples not destroyed by testing remain the property of the Client and will be returned to the Client or project site for disposition as directed by Client. SUSPENSION OR TERMINATION If the Client requests suspension or termination of our services prior to completion, Landau Associates reserves the right to complete such analyses and records as are necessary to place the files in order and, when necessary to protect our professional reputation, to complete a report on the services provided to datt The Client shall reimburse Landau Associates for personnel time and all reasonable expenses at current rates required to accomplish such closing SEVERABILITY AND SURVIVAL In the event that any provision of this agreement shall be held invalid and unenforceable by a decision of a court of competent jurisdiction, the remaining provisions shall be valid and binding. All terms of this Agreement allocating or limiting liability shall survive the completion of the services hereunder and the termination of this agreement. PRECEDENCE These general conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract. purchase order nonce to proceed or like document regarding Landau Associates services. 8/14/02 RADMIN\FORMS\GENERAL. CONDITIONS.DOC 1 LANDAU ASSOCIATES ,9G 02-112 (a.) L4 LANDAU ASSOCIATES December 16, 2002 City of Tukwila Parks and Recreation 12424 42nd Avenue South Tukwila Washington 98168 Ann Mr Rick Still RE PROPOSAL FOR GEOTECHNICAL SERVICES DURING CONSTRUCTION PROPOSED FOSTER I_INKS GOLF COURSE CLUBHOUSE TUKWILA, WA.SIIINGTON Dear Mr Still In accordance with your request, Landau Associates is submitting this proposal to provide geotechnical engineering services during construction of the proposed new Foster Links Golf Course Clubhouse, located in Tukwila, Washington The purpose of our services will be to provide observation of geotechnical -related construction activities, and to provide professional geotechnical engineering opinions and advice regarding those activities Our understanding of project requirements is based on a brief review of project documents and our past experience with projects of this nature To support the project, we propose to provide the following specific scope of services during construction CLcvN 031303 • Attend a preconstruction meeting with the contractor(s), representatives of the City of Tukwila, and the project design team. It is assumed that the meeting will be held at the site • Review and comment on the geotechnical -related aspects of contractor submittals and provide geotechnical engineering consulting during construction • Observe installation of erosion control measures at the site, and confirm that final (permanent) erosion control measures have been implemented at the site it is assumed that this task will be completed concurrently with other site visits. • Observe and monitor site grading activities for conformance to the project specifications Services will be provided on a full and part-time basis as warranted by the situation Earthwork activities are expected to include observation of excavation along with placement and compaction of fill to establish the planned building pad elevation, grading operations to establish planned subgrade elevations for parking areas, and backfilling around foundations, behind below -grade walls, and utility trenches. Field density testing of compacted fill materials will be completed to check that the required compaction is being achieved As part of this task, we will complete laboratory testing including moisture content deterrnination, sieve analyses and maximum dry density determinations (ASTM D1557 test procedure) of proposed fill materials for compliance to the project documents For this task, we have assumed a mostly full-time presence ORIGIN/VL ENVIRONMENTAL GEOTECHNICAL NATURAL RESOURCES 4210 20th Street Fart, .,tete F Tacoma, SNA 98424 (2531 926-2493 fax (253) 926 2531 www.landauinc coin SEATTLE SPOKANE TACOMA PORTLAND Observe prepared foundation subgrades to check that the appropriate bearing soil is present at foundation level, and that the bearing soil is suitable for the design bearing pressure This task will be completed on a part-time basis Observe that subgrades for slab -on -grade floors and pavement areas have been prepared in accordance with the requirements of the project specifications. This task will be completed on a part-time basis Observe installation of subsurface drainage for the new structures. This task will be completed concurrently with other site visits At the conclusion of each site visit, the Landau Associates field representative will prepare and submit a daily field report summarizing observations and recommendations (if any) The field report will be submitted to City of Tukwila Parks and Recreation, and the contractor, with copies to the relevant project team members At the completion of our services, we will prepare and submit a construction completion report summarizing our construction observations Copies of the daily field reports will be included as an appendix to the report. The services rendered by our field representative and our office will consist of professional opinions and recommendations made in accordance with generally accepted geotechnical engineering practices Under no circumstances would it be the intent of our field representative to directly control the physical activities of the contractor or the contractor's workers. The presence of our field representative at the site is to provide to the owner a source of professional opinion and advice based on the field representative's observations of the contractor's work. Our services do not include any superintending, supervision, or direction of the actual work of the contractor or the contractor's workers Any construction review of the contractor's performance is not intended to include review of the adequacy of the contractor's safety measures in, on, or near the construction site In accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions at the fob site, including safety of persons and property during performance of the work. TERMS AND CONDITIONS Our services will be provided on a time -and -expense basis in accordance with a Consultant agreement similar to the agreement for geotechntcal services during the design phase of the project, and the attached Compensation Schedule Because the cost of our services will depend on the contractor's schedule and work progress, equipment used, weather conditions, and other factors beyond our control, it is difficult to estimate the total cost of our services during the construction phase However, based on our past experience with projects of this size, we recommend establishing a budget of $9,300 for the scope of services described above The attached Table I provides a break down of the estimated hours per billing 12/16/02 I^DATA \PROPOSAI \457\FosterClubHouse_constSro doc 2 LANDAU ASSOCIATES category and cost for each task Our budget also includes time for office support and project management. During the course of the project, we will keep you informed as to our budget status. If the above scope of services and fees are satisfactory, please provide us with written authorization In the event that project requirements change or unforeseen conditions are encountered that will require additional services beyond the agreed scope or fee, we will bring these to your attention and obtain approval for an addendum prior to performing any additional services Thank you for the opportunity to submit this proposal If you have any questions, please call the undersigned at (253) 926-2493 LANDAU ASSOCI4TES, )NC r r' Edward J Heavey, "P E Associate EJI I/j as 2 copies submitted Attachments Table 1 — Labor and Reimbursement Costs 2002 Compensation Schedule Additional Scope of Services Approved _ a Bruce Fletcher, Director- Parks & Recreation CITY OF TUKWILA 12116/02 I:\DATA\PROPOSAL\457\FosterClubHcuse ,onstpro doc 3 LANDAU ASSOCIATES 457003 030 Ta6png >{sel 000LOLC)0o c)•t- CD CO. -O CO CA CS) (0 64 CO V C4 MOO CO Ca ID 64 O ca O N ti CA W101NSVI (004- Lr) tiv" Cost $ 50 Jo}euipJoo0loafoJd N 0 co Jaa4u3 j4ms Joivas M 0 z v (0 N 55 aTepossy co ,i- - ' ,— -4- t 6;, cocn Cp 1— Preconstruction Meeting Review/Comment on Contractor Submittals Site Grading Activities (filling, backfilling, utilities, etc ) Foundation Preparation (2 visits) Slab/Pavement Subgrade Preparation (3 visits) (3l c n C O 0 Final Summary Report TOTALS 03 O F 0 (0 N 0 O O 0 — d' 0 CO (f) c- EAEA. EA EA Cost $ 50 Y E >, co 0 z (f) Reimbursable Expenses Field Equipment (nuclear densometer gauge, etc ) Laboratory Testing (4 Max. Density & 4 GS) Miscellaneous Reimbursables (mileage, etc.) O O ti ) ti r M C) TOTAL ESTIMATED BUDGET LANDAU ASSOCIATES 12/16/2002 I \proposal\457\Foster_Links_CH_const_cost.xls COMPENSATION SCHEDULE - 2002 I4LANDAU ASSOCIATES Personnel Labor Hourly Rate Principal $150 Senior Associate 135 Associate 125 Senior 115 Senior Project 105 Project 95 Senior Staff 85 Staff 75 Assistant/Senior Technician/Senior CAD 65 Technician/CAD 55 Project Coordinator 55 Word Processor (including equipment) 50 Support Staff 40 A Senior Consultant rate may be assigned to projects involving highly complex consultation or litigation support. In such cases, the rate for Senior Consultant will be assigned on a project -specific basis. Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times hourly rate Rates apply to all labor including overtime Technical disciplines Include Biologist, Chemist, Engineer Environmental Planner Geochemist, Geologist, Hydrogeologist, Hydrologist, Risk Analyst, Scientist. Equipment Field, laboratory and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will he provided on request. Subcontractor Services and Other Expenses Invoices Term Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services are charged at a rate of cost plus a twelve percent (12%) handling charge. The handling charge for technical subconsultants and for high risk field operations will be higher on an individual project basis. The handling charge may be lower for projects which involve disproportionally large subcontracting. Invoices for Landau Associates services will be issued monthly Interest of 11/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Unless otherwise agreed Landau Associates reserves the right to make reasonable adjustments to our compensation rates (including continuing projects) 8/1 4/0 1 'ADMIN\Comp Schedule 02. do, LANDAU ASSOCIATES CONSULTANT AGREEMENT FOR GEOTECHNICAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and LANDAU ASSOCIATES, 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 services in connection with the project titled FOSTER GOLF LINKS — CLUBHOUSE 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 Time for Performance. Work under this contract shall commence upon the giving of 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 within 30 calendar days from the date written notice is given to proceed, 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" attached hereto provided that the total amount of payment to the Consultant shall not exceed $1,500 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 is 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 state 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 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 to be rendered under this Agreement. 7 Indemnification. The Consultant shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses or liability including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees 8 Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1 000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9 Independent Contractor The Consultant and the City agree that the Consultant is an inde- pendent 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 Foster Golf Links — Clubhouse Page 2 Landau Associates — Geotechnical Services 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, color, national origin, religion, creed, age sex or the presence of any physical or sensory handicap 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 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 Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs including reasonable attorney's fees, incurred in such suit from the losing party Foster Golf Links — Clubhouse Page 3 Landau Associates — Geotechnical Services 16 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 Landau Associates 4210 20th Street E Suite F Tacoma, WA 98424 17 Integrated Agreement. 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 This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 2-1., day of CITY OF TUKWILA Bruce Fletcher Director Parks and Recreation Department Printed Name 'x)141 R, ✓ 1 Cr/ CONSULTANT ,2 A Title ti t Foster Golf Links — Clubhouse Page 4 Landau Associates — Geotechnical Services Exhibit A November 4 2002 City of Tukwila Parks and Recreation 12424 42°`i Avenue South Tukwila, Washington 98168 Attn Mr Rick Still RE. PROPOSAL FOR SUPPLEMENTAL GEOTECHNICAL SERVICES PROPOSED FOSTER LINKS GOLF COURSE CLUBHOUSE TUKWILA, WASHINGTON IA LANDAU ASSOCIATES Dear Mr Still In accordance with yoar request, Landau Associates is submitting this proposal to provide supplemental geotechnical engineering services to support final design of the proposed new Foster Links Golf Course Clubhouse, located in Tukwila, Washington The purpose of our services will be to review the current design of the clubhouse and revise our February 2 2001 geotechnical report prepared for the project to reflect those changes Our understanding of the current design is based on a brief review of a drawing showing the proposed site layout and discussions with you Based on review of the drawing provided to us, the changes to the design since our geotechnical report was prepared include raising the finished floor from elevation 16 ft to 20 ft, expansion of the parking area tc the south along Interurban Avenue South, and expansion of the parking area to the north into the area where the former City maintenance facility was located It appears that substantial modiiication to existing site grades will be necessary to construct the north extension of the parking area. SCOPE OF SERVICES To support final design of the clubhouse facility Landau Associates proposes to provide the following supplemental services • Review the current design to identify geotechnical issues related to the new site layout. • Develop supplemental geotechnical engineering conclusions and recommendations for the project, including evaluate the impact of raising the finished floor by 4 ft address fill settlement issues as a result of raising the finished floor level earthwork to construct the north and south parking extensions, including site grading and subgrade preparation for pavement design pavement sections for parking and dnve areas ENVIRONMENTAL GEOTECHNICAL NATURAL RESOURCES 4210 20th Strep t Est, Suite F Ta, DME \n/A 98424 (253) 926-2493 fax (253) 926 2531 www.landauinccom SEAHLE SPOKANF TACOMA PORTLAND • Revise and resubmit our February 2, 2001 geotechnical report to address the current design TERMS AND CONDITIONS Our services will be provided on a time -and -expense basis in accordance with the attached Compensation Schedule and General Conditions, which are attached and made part of this agreement The estimated fee for the services descnbed above will be $1,500 If project requirements change or unforeseen conditions are encountered that require services beyond the scope outlined above, we will bring these to your attention and seek approval for modification to the scope of services and budget, as appropriate Please provide us with written authorization, by signing in the space provided below and returning one signed original of this proposal or by your preferred method Thank you for the opportunity to submit this proposal If you have any questions, please call the undersigned at (253) 926-2493 LANDAU ASSOCIATES, IN Edward J Heavey P.E. Associate EJH/jas 2 copies submitted Attachments 2002 Compensation Schedule General Conditions 11/04/02 1:\POOPOSAL\45/\FosterClubHouse sup pro doc, 2 LANDAU ASSOCIATES