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HomeMy WebLinkAboutMKSK 10TH STREET CORRIDOR MASTER PLAN WORK AUTHORIZATION MKS K PROJECT NAME: Jeffersonville,IN 10th Street Corridor Master Plan PROJECT#: c17910 DATE: 4 August 2017 TO: Chad Reischl PHONE: 812-285-6413 FAX: EMAIL: creischl@cityofjeff.net PROJECT MANAGER: Joe Nickol EMAIL: jnickol@mkskstudios.com PRINCIPAL: AndrewOverbeck EMAIL: aoverbeck@mkskstudios.com DESCRIPTION OF PROJECT: The following work will be performed as requested: See attached Scope of Work. COMPENSATION: Project Fee: $126,475 ❑ Hourly F ,] Lump Sum Add.Services Fee: ❑ Hourly Lump Sum Project Expenses: $8,525 Total Project Fees: Not to exceed$135,000 AUTHORIZATION: Partner: Date: Client: Date: —7—/? 462 S Ludlo le ,Columbus, h 43215 614.621.2796 X c e�g �i 1 . PROJECT UNDERSTANDING & APPROACH MKS K APPROACH We have structured our team and work product specific to the needs you have identified and our current understanding of what you are trying to accomplish through the requested Scope of Work. Our proposed scope of work is broken into four stages,each with its own tasks and deliverables that build on what comes before and set the foundation for what follows.Client,stakeholder,and public engagement may also be coordinated with each of these stages to ensure that we are learning,testing, and making decisions with you every step of the way.We anticipate that this process may be successfully accomplished in a minimum of eight months but may take longer based on project needs and other extenuating factors.After your review of this Scope of Work,we welcome the opportunity to better understand your needs and modify this work program accordingly. Building on the tasks you have outlined in the RFP,we propose the following stages and tasks: STAGE 1 -PROJECT INITIATION AND MANAGEMENT WITH CORE CLIENT TEAM(Month 1) 1. Refine and finalize scope,schedule,and deliverables 2. Create Steering Committee made up of representatives from stakeholder pool 3. Establish Project Management Protocol • Monthly meetings with Client team • Meeting logistics and preparation processes • Project deliverable review processes Stage 1 Deliverables: • Finalized Scope of Work&Schedule • Project Management Protocol STAGE 2-UNDERSTANDING(Months 2-4) 1. Conduct an initial collection of base information • Create a base map and 3D model • Take a van tour with Client Team (includes stops to discuss conditions, ideas and walking some portions to experience the pedestrian perspective) • Assemble photo documentation 2. Organize meetings • Host Steering Committee Meeting#1 • Conduct interviews and focus group meetings • Organize a Saturday morning public bike ride of corridor(encouraged but optional) followed by Public Meeting#1 (introductory presentation and break out groups) • OPTIONAL: Best Practice Summit of our experts to present relevant case studies and models • Summarize outcomes from meetings 10TH STREET CORRIDOR MASTER PLAN&MARKET STUDY I MKSK 3 1 . PROJECT UNDERSTANDING & APPROACH M K r 3. Review additional documentation • Collect and assess remaining documentation and relevant studies,plans, etc - Inventory adjacent properties' land use,zoning,character - Prepare existing street sections - Assess current infrastructure deficiencies - Transportation analysis using any recent studies,existing and projected traffic volumes, observed operations,audit of bicycle and pedestrian conditions and Walkscore • Summarize recurring themes and findings • Prepare analysis diagrams • Confirm goals,objectives, principles, priorities,and high-level initiatives/program components 4. Prepare a Baseline Market Analysis • Background market analysis for retail,employment, residential,and industrial uses • Understanding of key growth drivers such as River Ridge, Big Four,etc • Identification of key opportunities and 'x-factors' for growth • Documentation and evaluation of current economic development tools Stage 2 Deliverables: • Intro presentation • Summary of Understanding • Development/Planning Principles STAGE 3-TESTING IDEAS(Months 4-6) 1. Prepare market positioning recommendations and key initiatives/drivers • Market potential for mixed-use, retail,commercial/office, industrial,and other uses • Conceptual project performance analysis for early/catalytic projects • Strategic development tools to be employed 2. Develop conceptual plans • Street and corridor design concepts (walkability,traffic,transit,safety,etc) • Focus areas for development,public art,etc • Phasing and implementation tools • Next steps,general zoning audit, policy adjustments,design guidelines,etc 3. Review conceptual plans for engineering,feasibility,and performance relative to goals and priorities 4. Organize meetings • Steering Committee Meeting#2: Presentation of draft options • Stakeholder meetings,as necessary • Public Meeting#2 (presentation of options tested,science fair/breakout) Stage 3 Deliverables: • Presentation of core plans and development strategy recommendations 10TH STREET CORRIDOR MASTER PLAN&MARKET STUDY I MKSK 4 1 . PROJECT UNDERSTANDING & APPROACH M rS Y STAGE 4-DECIDING(Months 6-8) 1. Draft a final plan • Confirm format • Prepare final illustrations, plan graphics,and recommendations • Craft phasing and implementation strategy - Capital improvement projects - Marketing strategies - Zoning implications - Phasing • Develop supporting narrative • Develop preliminary cost estimates and P3 possibilities • Create a responsibilities matrix 2. Organize meetings • Steering Committee Meeting#3 • Project implementation partner meetings,as necessary • Public Meeting#3 • Consolidated plan review by Client Team 3. Prepare final plan documentation 4. Conduct project close-out and adoption hearings Stage 4 Deliverables: • Final presentation • Final plan exhibits, narrative,and documentation • Responsibilities matrix 'RE-STATESTATE STREET MASTER PLAN,WEST LAFAYETTE,INDIANA MKSK uREENSTREET 10TH STREET CORRIDOR MASTER PLAN&MARKET STUDY I MKSK 5 7. COST ESTIMATE MKSK COST PROPOSAL&SCHEDULE OF COSTS This fee proposal is based on our current understanding of the issues and expectations outlined in the request for proposals.We have prepared our budget to correspond with the key segments of the project approach as requested in the RFP,and including other primary components of our proposal.We are prepared to refine and adjust the scope of services,schedule, proposal,and terms to meet your needs. If selected,we recommend a detailed scoping meeting to make any necessary adjustments and modify the fee allocations accordingly. TOTAL MKSK $4,925 $30,560 $40,420 $10,570 $86,475 Greenstreet Ltd. $10,000 $12,000 $3,000 $25,000 BF&S $7,000 $8,000 $15,000 Total` $4,925 $47,560 $60,420 $13,570 $126,475 "Not including additional/reimbursable expenses. HOURLY RATES PERSONNEL NAME CLASSIFICATION • RATE Joe Nickol,AICP, LEED AP Senior Associate MKSK $155 Andrew Overbeck,AICP Principal MKSK $190 Luis Huber-Calvo Urban Planner I MKSK $119 Brad Strader,AICP, PTP Senior Associate MKSK $190 Andy Knight, PLA,ASLA Principal MKSK $190 Jeff Kingsbury, Managing Principal Principal Greenstreet $235 Mark O'Neall,Associate Associate Greenstreet $135 Christopher Wheatley, PE Civil Engineering Project Manager BF&S $156 Thomas Vandenberg, PE, PTOE Senior Traffic Engineer BF&S $119 J. Carly Sheets, PE Civil Project Engineer BF&S $119 10TH STREET CORRIDOR MASTER PLAN&MARKET STUDY I MKSK 15 TERMS AND CONDITIONS OF PROPOSAL M rS K DIRECT PROJECT EXPENSES Direct project expenses will be billed in addition to RETAINER The Client shall make an initial payment as defined in the attached the fee for basic services and include actual out-of-pocket expenditures made in proposal as a retainer upon execution of this agreement. This retainer shall be the interest of the Project.All direct project expenses will be invoiced at 1.2 times held by the consultant and applied against the final invoice. the actual amount.Direct project expenses include,but are not limited to mileage, film and processing,courier and overnight delivery services,travel,hotel,car PAYMENT DUE Invoices shall be submitted monthly,are due upon presentation rental,etc.and may be adjusted annually.All International air travel,if required, and shall be considered past due if not paid within thirty(30)calendar days of will be by business class. the due date.The Consultant has been commissioned by the Client to provide professional services,which are independent of whether the Project for which Requested documents to be printed in-house will be invoiced at the following - they are provided is executed or not. rates:(excluding those for office use) SATISFACTION WITH SERVICES Payment of any invoice by the Client to the B/W Copy 8.5"x 11"-Bond $ 0.15 Consultant shall be taken to mean that the Client is satisfied with the Consultant's services to the date of payment and is not aware of any deficiencies in those B/W Copy 11"x 17"-Bond $ 0.30 services. B/W Copy 18"x 24"-Bond $ 1.00 B/W Copy 24"x 36"-Bond $ 2,00 DISPUTED INVOICE If the Client objects to any portion of an invoice,the Client shall so notify the Consultant in writing within ten(10)calendar days of receipt of the B/W Copy 30"x 42"-Bond $ 3.00 invoice.The Client shall identify in writing the specific cause of the disagreement B/W Copy 36"x 48"-Bond $ 4.00 and the amount in dispute and shall pay that portion of the invoice not in dispute Color Copy 8.5"x 11" $ 1.00 in accordance with the other payment terms of this Agreement.Any dispute over invoiced amounts due which cannot be resolved within ten(10)calendar days Color Copy i l"x 17" $ 2.00 after presentation of invoice by direct negotiation between the parties shalt be Color Plot 18"x 24" $ 15.00 resolved within thirty(30)calendar days in accordance with the Dispute Resolution Color Plot 24"x 36" $ 25.00 provision of this Agreement.Interest as stated above shall be paid by the Client on all disputed invoice amounts that are subsequently resolved in the Consultant's Color Plot 30"x 42" $ 35.00 favor and shall be calculated on the unpaid balance from the due date of the Color Plot 36"x 48" $ 45.00 invoice. Color Pres.Plot 18"x 24" $ 25.00 INTEREST If payment in full is not received by the consultant within forty-five(45) Color Pres.Plot 24"x 36" $ 45.00 calendar days of the due date,invoices shall bear interest at one-and-one-half Color Pres.Plot 30"x 42" $ 70.00 (1.5)percent of the past due amount per month,which shall be calculated from Color Pres.Plot 36"x 48" $ 85.00 the invoice due date.Payment thereafter shall first be applied to accrued interest and then to unpaid principal. - SUSPENSION OF SERVICES If the Client fails to make payments when due or otherwise is in breach of this agreement. the Consultant may suspend ADDITIONAL SERVICES/STANDARD HOURLY RATES If the Scope of Wark or if the performance of services upon seven(7)daysnotice to the Client.The Consultant Consultant's service is substantially revised,the amount of total compensation shall have no liability whatsoever to the Client for any costs or damages as a shall be equitably be adjusted. Fees for requested additional services shall result of such suspension caused by any breach of this agreement by the Client. be computed at our standard hourly rates below or outlined under a separate Upon payment in full by the Client or cures of the breach to the satisfaction of the proposal. Rates may be adjusted annually. Consultant,the Consultant shall resume services under this agreement,and the time schedule and compensation shall be equitably adjusted to compensate for Senior Principal $ 190 the period of suspension plus any other reasonable time and expense necessary Principal $ 190 for the Consultant to resume performance. Senior Transportation Associate $ 190 TERMINATION OF SERVICES If the Client fails to make payment to the Consultant Senior Associate $ 155 in accordance with the payment terms herein,this shalt constitute a material Associate $ 140 breach of this agreement and shalt be cause for termination of this agreement by the Consultant. Landscape Architect) $ 119 Landscape Architect II $ 108 TERMINATION OF AGREEMENT This agreement may be terminated by either Landscape Architect III $ 102 party upon ninety(90)days written notice with or without cause. In the event of termination not initiated by the Consultant,the Consultant shall be compensated Landscape Architect IV $ 65 for all services performed to the date of termination,together with direct project Urban Planner $ 119 expenses then due. Urban Planner II $ 102 MEDIATION In an effort to resolve any conflicts that arise during the design or Urban Planner III $ 92 construction or the project or following the completion of the project,the Client Urban Planner IV $ 65 and the Design Professional agree that all disputes between them arising out of Graphic Designer 1 $ 115 or relating to this agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise.The Client and the Consultant further agree Graphic Designer 11 $ 100 to include a similar mediation provision in all agreements with independent Graphic Designer III $ 92 contractors and consultants retained for the project and to require all independent Graphic Designer IV $ 65 contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so Administration $ 65 retained,thereby providing for mediation as the primary method for dispute resolution betweenthe parties to those agreements. MKSKSTUDIOS.COM TERMS AND CONDITIONS OF PROPOSAL M rSY APPLICABLE LAW Unless otherwise specified,this agreement shall be governed express or ini that the bids or negotiated cost at the Work will not vary from by the laws of the State of Ohio. the Consultant's opinion of probable construction cost. ENTIRE AGREEMENT This agreement represents the entire and integrated SHOP DRAWING REVIEW The Consultant shall review and approve or take Agreement between the Client and the Consultant and supersedes all prior other appropriate action on the Contractor submittals,such as shop drawings, negotiations. representations or agreements, either written or oral. This product data, samples and other data, which the Contractor is required to agreement may be amended only by written instrument signed by both the Client submit,but only for the limited purpose of checking for conformance with the and Consultant. design concept and the information shown in the Construction Documents.This review shall not include review of the accuracy or completeness of details,such LIMITATION OF LIABILITY To the fullest extent permitted by law, and not as quantities,dimensions,weights or gauges,fabrication processes,construction withstanding any other provision of this Agreement,the total liability,in the means or methods,coordination of the work with other trades or construction aggregate,of the Consultant and the Consultant's officer's,directors,partners, safety precautions,all of which are the sole responsibility of the Contractor. employees and any of them,to the Client and anyone claiming by and through the The Consultant's review shall be conducted with reasonable promptness while Client,for any and all claims,losses,costs or damages,including attorneys fees allowing sufficient time in the Consultant's judgment to permit adequate review. and costs and expert witness fees and costs of any nature whatsoever or claims Review of a specific item shall not indicate that the Consultant has reviewed the expenses resulting from or in any way related to the Project or the Agreement entire assembly of which the item is a component. The Consultant shall not be from any cause or causes shall not exceed the total compensation received by responsible for any deviations from the Construction Documents not brought to the Consultant under this Agreement,or the total amount of fifty thousand dollars the attention of the Consultant in writing by the Contractor. The Consultant shall ($50.000),whichever is less.It is intended that this limitation apply to any and all not be required to review partial submissions or those for which submissions of liability or cause of action however alleged or arising,unless otherwise prohibited correlated items have not been received. by law INFORMATION PROVIDED BY OTHERS The Client shall furnish,at the Client's CONTRACTOR AND SUBCONTRACTOR CLAIMS To the fullest extent permitted by expense,all information requirements,reports,data.surveys and instructions - law.the Client agrees to limit the liability of the Consultant and the Consultant's required by this Agreement. The Consultant may use such information, officer's,directors,partners,employees and sub-consultants to all construction requirements,reports,data,surveys and instructions in performing its services contractors and subcontractors on the Project for any and all claims,losses,costs and is entitled to rely upon the accuracy and completeness thereof. or damages of any nature whatsoever or claims expenses from any cause or causes including attorney's fees and costs and expert witness fees and costs. DELIVERY OF ELECTRONIC FILES In accepting and utilizing any drawings, so that the total aggregate liability of the Consultant and the Consultant's sub- reports and data on any form of electronic media generated and furnished by consultants to all those named shall not exceed fifty thousand dollars($50,000)or the Consultant,the Client agrees that all such electronic files are instruments of the Consultant's total fee for services rendered on this Project.whichever is less. service of the Consultant,who shall be deemed the author,and shall retain all It is intended that this(imitation apply to any and all liability or cause of action common law,statutory law and other rights,including copyrights. however alleged or arising,unless otherwise prohibited by law. The Client agrees not to reuse these electronic files,in whole or in part,for any OBSERVATION SERVICES The Client understands that by not retaining the purpose other than for the Project for which they were prepared.The Client agrees Consultant for construction observation services,there may be misinterpretations not to transfer these electronic files to others without the prior written consent of of the Consultant's plans and specifications during construction,which may lead the Consultant.The Client further agrees to waive all claims against the Consultant to errors and subsequent damage.Inasmuch as the Client has elected to proceed resulting in any way from any unauthorized changes to or reuse of the electronic with the Project without the Consultant providing construction observation files for any other project by anyone other than the Consultant. services.The Client agrees to indemnify and hold-harmless the Consultant against any and all claims,damages,awards and cost of defense.which may Electronic files furnished by either party shall be subject to an acceptance period arise out of the acts of the Contractor and Subcontractor performing work not in of ten(10)days during which the receiving party agrees to perform appropriate compliance with the intent of the design documents. acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period.After UNAUTHORIZED CHANGES The Consultant. upon delivery of documents is the acceptance period,the electronic files shall be deemed to be accepted and completely absolved and indemnified from any liability that may result from neither party shall have any obligation to correct errors or maintain electronic . the interpretation or revision of documents for which the Consultant was not files. The Client is aware that differences may exist between the electronic files responsible. delivered and the printed hard-copy construction documents.In the event of a conflict between the signed construction documents prepared by the Consultant STANDARD OF CARE In providing services under this Agreement.the Consultant and electronic files,the signed or sealed hard-copy construction documents shall will endeavor to perform in a manner consistent with that degree of care and govern. skill ordinarily exercised by members of the same profession currently practicing - under similar circumstances. In addition,the Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Consultant,its officers,directors,employees and sub- OWNERSHIP OF INSTRUMENTS OF SERVICE All reports,drawings,specifications, consultants (collectively.Consultant) against all damages,liabilities or costs, electronic files,field data,notes and other documents and instruments prepared including reasonable attorneysfees and defense costs,arising from any changes by the Consultant as instruments of services shall remain the property of the made by anyone other than the Consultant or from any reuse of the electronic Consultant. The Consultant shall retain all common law,statutory and other files without the prior written consent of the Consultant.Under no circumstances reserved rights,including the copyright thereto, shall delivery of electronic files for use by the Client be deemed a sale by the Consultant,and the Consultant makes no warranties,either express or implied. OPINIONS OF PROBABLE CONSTRUCTION COST In.providing opinions of probable of merchantability and fitness for any particular purpose.In no event shall the construction cost,the Client understands that the Consultant has no control Consultant be liable for indirect or consequential damages as a result of the over the cost or availability of labor,equipment or materials,or over market Client's use or reuse of the electronic files. conditions or the Contractor's method of pricing, and that the Consultant's opinions of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no warranty. MKSKSTUDIOS.COM TERMS AND CONDITIONS OF PROPOSAL M KSK SEVERABILITY Any term or provision of this Agreement found to be invalid under therefore,that the final construction cost of the Project may exceed the estimated any applicable statute or rule of law shall be deemed omitted and the remainder construction cost.The Owner agrees to set aside a reserve in the amount of at of this Agreement shall remain in full force and effect. least ten(10)percent of the Project construction costs as a contingency to be used,as required,to pay for any such increased costs and changes.The Owner SURVIVAL Notwithstanding completion or termination of this Agreement for any further agrees to make no claim by way of direct or third-party action against reason,all rights,duties and obligations of the parties to this Agreement shalt the Consultant or its sub-consultants with respect to any increased costs within survive such completion or termination and remain in full force and effect until the contingency because of such changes or because of any claims made by the fulfilled. Contractor relating to such changes. ASSIGNMENT Neither party to this Agreement shall transfer,sublet or assign any CONSEQUENTIAL DAMAGES Notwithstanding any other provision of this rights under or interest in this Agreement(including but not limited to monies Agreement,and to the fullest extent permitted by law,neither the Client nor the that are due or monies that may be due)without the prior written consent of Consultant,their respective officers,directors,partners,employees,contractors the other party.Subcontracting to sub-consultants normally contemplated by the or sub-consultants shall be liable to the other or shall make any claim for any Consultant shall not be considered an assignment for purposes of this Agreement. incidental,indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement.This mutual waiver of consequential PROPRIETARY INFORMATION The Client agrees that the technical methods, damages shall include,but is not limited to,loss of use,loss of profit,loss of design details,techniques and pricing data contained in any material submitted business,loss of income,loss of reputation or any other consequential damages by the Consultant pertaining to this Project or this Agreement shall be considered that either party may have incurred from any cause of action including negligence, confidential and proprietary,and shall not be released or otherwise made strict liability,breach of contract and breach of strict or implied warranty.Both available to any third party without the express written consent of the Consultant. the Client and the Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and ADA COMPLIANCE The Americans with Disabilities Act(ADA)provides that it subcontracts with others involved in this project, is a violation of the ADA to design and construct a facility that does not meet the accessibility and usability requirements of the ADA unless it can be CHANGED CONDITIONS If,during the term of this Agreement,circumstances or demonstrated that it is structurally impractical to meet such requirements.The conditions that were not originally contemplated by or known to the Consultant Client understands that the requirements of the ADA will be subject to various are revealed,to the extent that they affect the scope of services,compensation, and possibly contradictory interpretations.The Consultant,therefore,will use schedule,allocation of risks or other material terms of this Agreement,the its reasonable professional efforts and judgment to interpret applicable ADA Consultant may call for re-negotiation of appropriate portions of this Agreement. requirements and other federal,state and local laws,rules,codes,ordinances The Consultant shall notify the Client of the changed conditions necessitating re- and regulations as they apply to the Project.The Consultant,however,cannot negotiation,and the Consultant and the Client shall promptly and in good faith and does not warrant or guarantee that the Client's Project will comply with all enter into re-negotiation of this Agreement to address the changed conditions. interpretations of ADA requirements and/or requirements of other federal,state If terms cannot be agreed to,the parties agree that either party has the absolute and local laws,rules,codes,ordinances and regulations as they apply to the right to terminate this Agreement,in accordance with the Termination provision Project. hereof. CORPORATE PROTECTION It is intended by the parties to this Agreement that DEFINITION OF'HAZARDOUS MATERIALS As used in this Agreement,the term the Consultant's services in connection with the Project shall not subject the hazardous materials shall mean any substances,including but not.limited to Consultant's individual employees,officers or directors to any personal legal asbestos,toxic or hazardous waste. PCBs,combustible gases and materials, exposure for the risks associated with this Project,Therefore,and notwithstanding petroleum or radioactive materials(as each of these is defined in applicable anything to the contrary contained herein,the Client agrees that as the Client's federal statutes) or any other substances under any conditions and in such sole and exclusive remedy,any claim,demand or suit shall be directed and/or quantities as would pose a substantial danger to persons or property exposed to - asserted only against the Consultant,an Ohio corporation,and not against any of such substances at or near the Project site. the Consultant's individual employees,officers or directors. HAZARDOUS MATERIALS-SUSPENSION OF SERVICES Both parties acknowledge - BETTERMENT If,due to the Consultant's negligence,a required item or component that the Consultant's scope of services does not include any services related to of the Project is omitted from the Consultant's construction documents,the the presence of any hazardous or toxic materials. In the event the Consultant or Consultant shall not be responsible for paying the cost required to add such any other party encounters any hazardous or toxic materials,or should it become item or component to the extent that such item or component would have been known to the Consultant that such materials may be present on or about the job required and included in the original construction documents.In no event will the site or any adjacent areas that may affect the performance of the Consultant's Consultant be responsible for any cost or expense that provides betterment or services,the Consultant may,at its option and without liability for consequential upgrades or enhances the value of the Project. or any other damages,suspend performance of its services under this Agreement until the Client retains appropriate consultants or contractors to identify and abate DEFECTS IN SERVICE The Client shall promptly report to the Consultant any or remove the hazardous or toxic materials and warrants that the job site is in full defects or suspected defects in the Consultants services of which the Client compliance with all applicable laws and regulations. becomes aware,so that the Consultant may take measures to minimize the consequences of such a defect. The Client further agrees to impose a similar HAZARDOUS MATERIALS INDEMNITY The Client agrees,notwithstanding any notification requirement on all contractors in its Client/Contractor contract and other provision of this Agreement,to the fullest extent permitted by law,to shall require all subcontracts at any level to contain a like requirement.Failure by indemnify and hold harmless the Consultant,its officers,partners,employees and the Client and the Client's contractors or subcontractors to notify the Consultant consultants(collectively,Consultant)from and against any and all claims,suits, shall relieve the Consultant of the costs of remedying the defects above the sum demands,liabilities,losses,damages or costs,including reasonable attorneys' such remedy would have cost had prompt notification been given when such fees and defense costs arising out of or in any way connected with the detection, defects were first discovered. presence,handling,removal,abatement,or disposal of any asbestos or hazardous or toxic substances,products or materials that exist on,about or adjacent to the CONTINGENCY The Owner and the Consultant agree that certain increased costs Project site,whether liability arises under breach of contract or warranty,tort, and changes may be required because of possible omissions,ambiguities or including negligence,strict liability or statutory liability or any other cause of inconsistencies in the drawings and specifications prepared by the Consultant and, action,except for the sole negligence or willful misconduct of the Consultant. 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