HomeMy WebLinkAbout19-106 - Earth Solutions NW - Rosso Site Soil Sampling and Fill Evaluation19-106
Council Approval N/A
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contractor/
Vendor Name:
Address:
Telephone:
CITY OF TUKWILA
Short Form Contract
Earth Solutions NW LLC
1805 136th Place NE
Bellevue WA 98005
425-449-4704
Contract Number:
Case Number: CE14-0199
Project Name: 3732 S 126th St
Rosso Soil Sampling
Please sign and return copies one and two to:
City of Tukwila, Department of Community Development, ATTN: Jim Toole, 6300 Southcenter
Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully
executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this f day of ne 20 19 , by and
between the City of Tukwila, hereinafter referred to as "City", and Earth Solutions NW LLC,
hereinafter referred to as "Contractor."
The City and the Contractor hereby 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. TIME OF COMPLETION. The work shall be commenced on June 20, 2019 and be completed no
later than July 26, 2019. U t., ur°�°�Ir�� tapte,j;°1�'1,/ I (HT.. aiG:1)4. tPt 16,1 an 6 I3„, 2, t�C,alz
3. 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 $5,200.00,
except by written agreement of the parties.
4. 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.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the
project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of
the work, provided the contract is fully performed and accepted.
CA revised December 2016
Page 1
7. CONTRACT DOCUMENTS.
• The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of
every kind necessary for the proper execution of work, and the terms and conditions of
payment therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to
report all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS APPLIANCES AND EMPLOYEES.
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials
shall be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS. PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution of the work shall be secured and
paid for by the Contractor. Easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the City unless otherwise specified. The
Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall
notify the City in writing if the drawings and specifications are at variance therewith.
10. PROTECTION OF WORK. PROPERTY AND PERSONS. The Contractor shall adequately
protect the work, adjacent property and the public and shall be responsible for any damage or
injury due to any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the
City and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for
extra cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to
the requirements of the contract and that appears during the progress of the work, and shall
remedy any defects due to faulty materials or workmanship which appear within a period of one
year from date of completion of the contract and final acceptance of the work by the City unless
the manufacturer of the equipment or materials has a warranty for a longer period of time, which
warranties shall be assigned by Contractor to City. The provisions of this article apply to work
done by subcontractors as well as to work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the
work properly, or fail to perform any provision of the contract, the City, after seven days' written
notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City
may have, make good the deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contract or, at the City's option, may terminate the contract and take
possession of all materials, tools, appliances and finish work by such means as the City sees fit,
and if the unpaid balance of the contract price exceeds the expense of finishing the work, such
excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the
Contractor shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due
may be withheld on account of defective work not remedied, liens filed, damage by the Contractor
to others not adjusted, or failure to make payments properly to the subcontractors.
CA revised December 2016
Page 2
16. 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 $1,000,000 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. 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 in excess of the Contractor's insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. 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.
CA revised December 2016 Page 3
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain 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.
17. PERFORMANCE BOND. T e-Gont-.a or l fu i to.f" ,.Cttymm per-to-start,,,ofwe tr n a.
performance -bond at, f0C—°ef-wh .ar ount-of-the Beet t,a d-; a a pt le -to, ., t . In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and
Industries and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a
complete release of all liens arising out of this contract or receipts in full covering all labor and
materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City
against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party
shall be entitled to recover its reasonable attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste
material and rubbish and at the completion of the work, shall remove from the premises all
rubbish, implements and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. Should
a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, 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.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the
prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in
conformance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or
the presence of any disability in the selection and retention of employees or procurement of
materials or supplies.
25. 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
CA revised December 2016
Page 4
amendment or modification of this Agreement shall be of any force or effect unless it is in writing
and signed by the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is
declared void or unenforceable or limited in its application or effect, such event shall not affect
any other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination of
this Agreement.
27. 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.
28. 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.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF I
By:
Signat
Printed Name: Jack Pace, Director of
Community Development
Date:
EARTH SPLL ,I NS NW
By
Signature
Printed Name:
Title:
Date:
Pio
� 0 ,1(..)
CA revised December 2016 Page 5
EXH
April 22, 2019
PES-6691
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, Washington 98188
Attention: Mr. Jim Toole
Subject: Proposal
Fill Evaluation
3732 South 126th Street
Tukwila, Washington
Dear Mr. Toole:
As requested, Earth Solutions NW, LLC (ESNW) has prepared this proposal to provide
geotechnical consulting services on the subject site. In preparing this proposal, we discussed
project objectives with you by email and cursorily reviewed a local geologic map resource. Our
scope of services is outlined below for your review and approval.
Project Description
The subject property is located north of South 126th Street, about 200 feet west of the intersection
with East Marginal Way South, in Tukwila, Washington. The property is comprised of one tax
parcel (King County Parcel No. 734560-0566) totaling roughly 6,800 square feet. We understand
the City of Tukwila (City) believes the property owner has imported fill onto the property without
a permit, likely over the course of several years. Various material, such as gravel, common soil,
and yard debris, is believed to have been spread across a significant portion of the property. The
City wants to determine the location of fill, depth of fill, age of fill (if possible), material considered
fill, and material considered native.
We understand a stream runs along the eastern property margin, and site topography is generally
quite low with respect to the immediate vicinity. A cursory review of a local geologic map resource
suggests the site is underlain by alluvium (Qa), ice -contact deposits (Qvi), glacial till (Qvt), or
some combination thereof.
City of Tukwila PES-6691
April 22, 2019 Page 2
Scope of Services
To provide geotechnical consulting services in accordance with your request, we propose the
following scope of services:
• Completion of a subsurface exploration to evaluate on -site soil conditions. The exploration
will consist of advancing four soil borings, at locations specified by the City, using a drill
rig and operators retained by our firm. We estimate the borings will need to be advanced
to depths of about 5 to 10 feet each, and the fee outlined in this proposal is based on a
total drilling depth of 30 feet; however, borehole depths will be determined ultimately by fill
depths at the boring locations. At the conclusion of each borehole advancement, boring
locations will be filled with bentonite chips, and soil cuttings will be transported off site for
disposal by our drilling subcontractor. Representative soil samples will be collected for
laboratory analyses in our office.
• Preparation of a letter summarizing the in -situ soil conditions observed at the boring
locations, including the location of fill, depth of fill, age of fill (if possible), material
considered fill, and material considered native. A boring location plan and exploration logs
will be included in the letter.
Schedule and Fee
We are prepared to begin our services immediately upon receiving authorization to proceed. Our
schedule is based on all rights of entry being allowed to conduct the required fieldwork. Please
allow about two weeks of lead time to schedule an available date with our subcontractor for
completion of the fieldwork. After the subsurface exploration, we anticipate approximately one to
two weeks will be required to complete the summary letter.
Washington State law requires a utility locate to be called in at least two business days prior to
any subsurface explorations. We should be provided with any known, existing utility locations
prior to performing our fieldwork. We will inform the Washington Utility Notification Center of our
fieldwork and mark our proposed exploration areas with white paint, which is the extent of our
involvement in utility line location. We will make every effort to identify and avoid existing utility
alignments; however, damage may occur where unmarked utilities may exist. Our fee does not
include any repair costs, or related costs, in the event an existing utility line is damaged.
We propose performing the above services on a lump sum basis in general accordance with the
attached Fee Schedule and General Conditions. For the scope of services outlined above, our
fee for completing the geotechnical consulting services will be $5,200. Should you direct
cancellation of the fieldwork fewer than three business days prior to the scheduled date, a
subcontractor cancellation fee may apply.
The above fee includes the scope of services outlined in this proposal through the delivery of our
letter, The fee for any additional services associated with this project will be billed on a time and
material basis in general accordance with the attached Fee Schedule.
Earth Solutions NW, LLC
City of Tukwila PES-6691
April 22, 2019 Page 3
PLEASE NOTE OUR PROFESSIONAL LIABILITY LIMITS DESCRIBED IN THE ATTACHED
GENERAL CONDITIONS. Our professional liability is limited to $15,000 or our fees, whichever
is greater. Our professional liability limit can be increased to a maximum of $1,000,000 for a fee
of 5 percent of our fees. Both the liability limit and fee for the increased liability limit will be applied
to all future phases of the project.
Please indicate your authorization to proceed with the geotechnical services described above
and the terms of the attached General Conditions and Fee Schedule by signing on the space
provided below. If you desire to increase our professional liability limit, please initial where
indicated.
We appreciate the opportunity to prepare this proposal and look forward to working with you on
this project. Please call if you have questions regarding the content herein.
Sincerely,
EARTH SOLUTIONS NW, LLC
Keven D. Hoffmann, P.E.
Senior Project Manager
Attachments: Fee Schedule and General Conditions
Signature
Print Name
Company
Date
Phone Number
Email
Increased Liability Limit
I wish to increase the professional liability limit to a maximum of $1,000,000 for a fee of
5 percent of ESNW's fees.
Initial
Earth Solutions NW, LLC
arth olutions
LLC
1805 — 136th Place NE, Suite 201 I Bellevue, WA 98005
Phone: (425) 449-4704 I Fax: (425) 449-471 I I www.esnw.com
Fee chedule
Standard Services
Effective February 1, 2019
The following are fees for professional services provided by Earth Solutions NW, LLC:
Principal Engineer/Geologist
Associate Principal Engineer/Geologist
Senior Project Manager
Project Manager
Senior Project Engineer/Geologist
Project Engineer/Geologist-----
Senior Staff Engineer/Geologist
Staff Engineer/Geologist
Field Supervisor
Assistant Field Supervisor
$185/hour
$165/hour
$140/hour
$130/hour
$120/hour
$110/hour
$100/hour
$90/hour
$95/hour
-$83/hour
--$71/hour
Technician $65/hour
Draftsman $78/hour
Word Processor $58/hour
Legal Testimony and Preparation
Overtime Rate*
Hydrometer (ASTM D422)
Laboratory Dry Density (ASTM D1557, D698)
1.5x Normal Rate
1.5x Normal Rate
-2x Normal Rate
- - $235/test
$200/test
CBR with Laboratory Dry Density $525/test
Sieve Analysis (ASTM D1140) $95/test
Atterberg Limits (ASTM 4318) _ _._-_ _ .,r._---..--...____-- ._ _ _-- - $2101test
Moisture Content $10/test
Other Laboratory Tests Quoted
Plan Reproduction (24" x 36" Sheets)
Equipment Charges
Vehicles
$5/sheet
Quoted
$0.67/mile
Subcontractors, Services & Out-of-town Expenses ..-.Cost + 15%
Site Visits, Portal to Portal 2-Hour Minimum
*The Overtime Rate is charged for work performed on weekends and for work over 8
hours per day. The Holiday Rate is charged for work performed on holidays.
feeschedulel8-01212019 cvx
EARTH SOLUTIONS NW LLC
STANDARD GENERAL CONDITIONS
AUTHORIZATION — Final reports and/or letters of acceptance will not be submitted to CLIENT unless ESNW has received a
signed copy of the attached proposal.
BILLING — Routine invoices will be submitted by ESNW from time to tirne but no more frequently than every two weeks and each
invoice shall be due and payable within thirty (30) days of invoice date. If CLIENT objects to any portion of the invoice, CLIENT shall
notify ESNW within fourteen days from date of invoice The remaining portion of said invoice will be due and bayable within thirty days
from date of invoice. A service charge of 1.5% per month will he charged on all accounts not card within thirty (.30-) days All expenses
incurred for hens or collection of any delinquent amount, including but not limited to reasonable attorney fees, witness fees, charges at
current billing rates for time spent by ESNVV personnel, document duplication, and court costs, shall be paid to ESNW in addition to the
delinquent amount
RIGHT -OF -ENTRY — CLIENT will furnish right -of -entry and inform ESNW an the location of ail subsurface obstructions and utilities on
the property in order for ESNW to perform subsurface borings surveys and other explorations. ESNW will take reasonable.
precautions to minimize damage to the land or utilities from use, of equipment. ESNVV fee does not inictide the cost of restoration of
norrnal land damage which may result from our operations, or for replacement of utilities or consequential damages
SAMPLES — All samples of rock and soil will be disposed twenty days after submission of the report unless otherwise directed n
writing by the CLIENT, The samples can either be stored or delivered to CLIENT for an agreed upon fee
TERMINATION OF SERVICES — CLIENT or ESNVV may -terminate this agreement without penalty Either party should notify the .otier
party in writing, and the termination will become effective seven calendar days after receipt of such notice We reserve the right to
complete such analyses and records as maybe necessary to protect ESNW professional reputation, and to complete a report of work
performed to date. The costs incurred for this termination shall be in accordance with ESNW prevailing fee schedule
OWNERSHIP AND COPYRIGHT OF DOCUMENTS — All reports, field data, laboratory test data, calculations, drawings and similar
documents prepared by ESNW as instruments of service shall rein -lain the property of ESNW and cannot be used for any reason other
than project related work. ESNW will retain all pertinent summaries and reports relating to services performed for CLIENT on this
project for a period of three years following submission of our work, during which time the records shall be made available for CLIENT
review at any reasonable time.
PUBLIC LIABILITY INSURANCE -- ESNW maintains Vehicle and Public Liability Insurance for bodily injury or property damage of at
least St 900,000 with an aggregate limit of at least S1,000,000. If CLIENT requires further insurance coverage, ESNW will obtain
additional insurance fit procurable) with the additional cost paid by CLIENT. ESNW shall not be responsible for any loss, damage or
liability beyond the amounts, limits. and conditions of such insurance
HAZARDOUS WASTE — Prior to the performance of our field services, CLIENT agrees to inform ESNVV of all known or potential
hazardous waste substance spills and/or contamination on the site During the performance of our field services, if any hazardous
waste substances, conditions or elements are encountered, which in ESNW's judgrnent may sionificantly affect the scope of cur
seniices, or the risk to our personnel in providing the service, ESNVV will promptly notify CLIENT ESNW and CLIENT agree that
encountering unanticipated hazardous waste materials constitutes a changed condition. mandating a renegotiation of the scope of
work or termination of services. ESNW and CLIENT also agree that discovery of hazardous materials rnay make it necessary for
ESNW to take immediate measures to protect the health and safety of its personnel and public health and safety CLIENT agrees to
compensate ESNW for any additional costs and expenses associates to protect ESNW's personnel and the public and for disposal of
regulated contaminants..
It is further agreed that CLIENT, the OWNER and other in privity with the CLIENT snail indemnify- and hold harmless ESNW and its
employees and agents against any claim or liability arising out of ESNW encountering hazardous or regulated contaminated materials,
or claims against ESNVV arising out of tire other's work or services related to hazardous materials CLIENT further agrees to
compensate ESNW for any time spend or expense. incurred by ESNW in defense of any such claim. In accordance with, ESNW's
prevailing fee schedule and expense reimbursement policy,
AQUIFER CONTAMINATION — CLIENT understands and acknowledges that subsurface sampling may result in unavoidable cross -
contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an
aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading hazardous materials off -
site..
Because subsurface sampling is a necessary element of the services ESNW will perform on CLIENT's behalf, CLIENT, shall to the
ftdiest extent provided by law, waives any claim against ESNW and its employees, and agrees to indemnify and hold ESNW and its
empli-iye.es. consultants', and/or subcontractors harcniess from any claim or liability which may arise as a result of alleged cross -
contamination caused by sampling. CLIENT shall also compensate ESNW for any time spent or expense incurred by ESNW in
defense of any such claim. in accordance with ESNW's pi -evading fee schedule and expense reimbursement policy
THIRD PARTY EXCLUSION — This agreement shall not create any rights or benefits to parties other than the CLIENT and ESNW No
third party shall have the right to rely on ESNW opinions rendered without ESNW written c,onsent and the third-party's agreernent to be
bound to the same terms and conditions as the CLIENT.
LIMITATIONS REGARDING LIABILITY AND DAMAGES AND INDEMNIFICATION PROVISIONS —Client
recognizes 'the inherent risks connected with goohmhnice, environmental and earth sciences, In performing our
professional serviooy. ESNVVwill strive to perform services /n o manner consistent with that level of care and skill |
ordinarily exercised under eimi|ar oiroumstonoea, by other reputable members of our profession practicing in the |
same locality under similar conditions. Nuother representation, or warranty, expressed or implied is made or �
intended by the proposal for consulting services orby furnishing oral or written reports ofthe findings mode. It is
agreed that CLIENT will !inniteny and ai! Uobi|ity, claim for damageo, cost ofdefense, or expenses to be levied
against ESNVV on account ofany aot, napnesenhadon, decision, defeot, ermr, omission, professional negligence, |
negUgence, breach of contract, warranty, strict liability or on any other cause of action on our part to a sum not to |
exceed $15.O0Oorthe total amount nfour fee, whichever iagreater. |
Client agrees to contractually require 'the contractor and its subcontractor(s) who may per -form work in connection
with any design, naport, or study prepared by ESNVVan identical limitation nfESNVV'aliability for damages suffered
by the contractor or the subcontractors arising from ESNVV aamioee Neither the contractor nor any of its �
subcontractors assumes any liability for damages to others which may arise on account ofESNVV sen/ioea, except
osotherwise stipulated herein
CLIENT shall, to the fullest extent permitted by law, indemnity and hold ESNVVharmless for any liability orclaims
for damogea, cost ofdefense, expanooa, witness o, expert haea and reasonable charges at prevaiUng billing rates
for time devoted to ESNW engineers and staff in defense of the claim(s) in excess of $15,006, or the amount of our
fee, whichever ingreater. The indemnification shall apply bo all claims regardless ofcause and against any and all
claims brought bythird parties aewell as CLIENT,
In the event CLIENT or OWNER daainao an increased limitation of damages amount above the $15.000 limit,
ESNW will negotiate a higher damages limitation amount up to a maximum of $1,000,000 for an increased contract
phoo of 5 percent of the kzto| fee for the project. The 5 percent charge will be applied to all future work on this
pnqeot, including but not limited to consultation, plan /eviow, and construction monitoring.
CLIENT also warrants that ESNVV shall be made an additional insured under the General Contractor's general
liability insurance policy, In the event CLIENT fails to obtain a like limitation of liability and damages provision as to
ESNVVservices, any liability E8NVV has to such contractor orsubcontractor arising out ofEGNVV services shall be
allocated between CLIENT and ESNVV in such a manner that the ESNVV aggregate liability to all parties, including
CL|E0T, shall not exceed S15.000 or the amount ofour hees, whichever is y/eaha/. unless ESNVV liability limit is
increased in accordance with the preceding paragraph.
CLIENT agrees that this limitation of liability and damoges, claims
' for damages, cost ofdefense and expenmes,
shall be applicable to the full scope of services provided by ESNVV to CL|ENT, regardless ufwhether that scope is
limited toone phase ofthe project orthe entire project.
DISPUTE RESOLUTION 'A|| o|aims, disputes or controversies between ESNVVand CL|ENT, arising on out of, or
in relation to the interpretadon, apphoahun, or implementation of this agreement orour eerv\oeo, oheU be submitted
to mediation or another alternative dispute resolution procedure before and as a condition precedent to judicial
action, orother remedies provided bylaw,
The limitation regarding liability and damages and the mdemnilioadon provisions shall have full force and effect in
such mediation.
In the event mediation is unsuccessful in resolving all c|oima. CLIENT and ESNVV agree that the exclusive �
jurisdiction for all remaining o|oima brought by the CLIENT will be King County Superior Court, 3eattle,
Washington