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HomeMy WebLinkAbout4546 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4546 HART CROWSER INC Geotechnical Engineering Study - Harborside Park Econ Devel PRO File Class LEG 12-1 $12080.00 01/31/2006 06/30/2006 02/15/2008 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2008 . . .. .. HlJRTCRoWSER e e www.hartcrowser.com Delivering smarter solutions January 26, 2006 Mr. Gary Sexton City of Bremerton 239 Fourth Street Bremerton, WA 98337 Re: Proposal for Geotechnical Engineering Study Proposed Harborside Park Museum Bremerton, Washington 06-5-11 00-020 Dear Gary: Thank you for asking Hart Crowser to submit this recommended scope of work and associated costs to provide geotechnical engineering services related to the design of the proposed Harborside Park Museum adjacent to the Puget Sound Naval Shipyard (PSNS) in Bremerton, Washington. This proposal is based on our design work for the relocation of Building 50 as well as numerous other projects in the immediate area and within PSNS. Julie Wukelic, Principal, will serve as Hart Crowser's Project Manager for the project. Julie has a long time working relationship with the City of Bremerton on environmental issues and is well familiar with the conditions at this particular site. Garry Horvitz, P.E., will serve as Task Manager for the geotechnical elements of the project. Garry is the Geotechnical Engineer of Record for the design of the foundations for the relocated Building 50 (completed under Korte Construction's Design/Build contract wi#1 the Navy). Garry has also completed dozens of geotechnical and environmental projects for the Navy at PSNS and Naval Station Bremerton, and has completed numerous other projects in the immediate vicinity of the Harborside Park project, including the initial work with KPFF for the planned downtown tunnel. Project Understanding We understand that the project will consist of the construction of a four-story addition to the existing Building 50. This addition will become the new Harborside Park Museum and will be located immediately adjacent to the south side of Building 50. 1910 Fairview Avenue East Seattle. Washington 98102-3699 Fax 206.328.5581 Tel 206.324.9530 @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and company-confidential. , . .. .. e e City of Bremerton January 26, 2006 06-5-11 00-020 Page 2 In addition to the new building, there are a number of elements that will be constructed as part of the new Harborside Park that will require geotechnical input These consist of: . Foundations for the Mast of the USS John C Stennis and USS Parche Sail; . Water Features on the Great Lawn; . Grand Steps; and . General Grading and Retaining Walls. The foundations for the Mast of the USS John C Stennis and Grand Steps as well as the USS Parche Sail are addressed in this proposal. The remaining additional elements as well as elements of the Harborside Memorial Plaza will be addressed in subsequent proposals and are not included in this current scope of work. To date, geotechnical work at the site has consisted of explorations for the design of foundations for the relocation of Building 50. We have been responsible for that final design and have observed the construction of foundations for Building 50. Numerous subsurface changed conditions were encountered during construction in the form of old foundations and buried structures that required some reconfiguration of the excavation for the relocation of Building 50. Four borings were originally advanced by the Navy for the design of the relocation of Building 50. Two candidate sites were studies, i.e., the site that the building currently occupies and a site immediately to the south of that site. Subsurface conditions within this northern portion of the Harborside Park site consist of a surface layer of fill that is from 5 to 10 feet in thickness overlying dense and competent glacial soils typical to the upland areas of the PSNS. Groundwater is likely within 5 to 10 feet of the existing ground surface. Approach and Scope Geotechnical With regard to the Museum structure itself, we recommend that an initial two borings be completed. The purpose of these borings will be to further explore the depth and consistency of fill across the building area. It would be inappropriately conservative to assume that these fill soils are automatically unsuitable for support of shallow foundations. If @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and company-confidential. .. .. e e . . City of Bremerton January 26, 2006 06-5-1100-020 Page 3 we can demonstrate that this material is competent, we will be able to avoid costly overexcavation. We recommend two additional borings (HC-1 01 through HC-102) to depths of 20 feet each. We will also advance three additional borings (HC-1 03, HC-104, and HC-105) with one each in the proposed locations for the Stennis Mast, Grand Steps, and the Parche sail. Two of the borings will be advanced to at least 20 feet, and the third one in the south end of this site will be advanced to a depth of 50 feet. These explorations will be coordinated in the field by an engineering geologist from our firm who will prepare a continuous log of the soil and groundwater conditions encountered. Upon completion of the field work, soil samples will be returned to our laboratory for further evaluation and index testing. Upon completion of the field and lab work, we will prepare a summary geotechnical report or memorandum as appropriate for each location that will contain the following information: . Site plan showing the location of explorations advanced for this study and previous pertinent studies; . Logs of the explorations including the results of field and lab testing; . A discussion of subsurface conditions and the influence of those conditions on project development; . Recommendations for site preparation; . Recommendations for design of shallow foundations systems (if appropriate) including recommendations for allowable bearing pressure, minimum depth of embedment, need for overexcavation of unsuitable soils, and resistance to lateral loads; . Recommendations for design of pile foundations (if necessary) including appropriate pile types, required depth, allowable vertical and lateral capacities, and installation criteria; . Recommendations for alternative foundation types such as stone columns or geopiers if applicable and necessary; . Recommendations for design of subgrade walls; @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Infonnation is proprietary and company-confidential. .. .. e e City of Bremerton January 26, 2006 06-5-11 00-020 Page 4 . Recommendations for bedding and backfilling of utilities; . Recommendations for design of pavements and slabs-on-grade; . Recommendations for selection placement and compaction of structural fill including assessments of suitability of on-site soils for reuse as fill; . Recommendations for subsurface drainage; . Recommendations for seismic design based on IBC Site Type designations; and . Recommendations for additional studies, if warranted. Environmental Julie Wukelic will be taking the lead on the environmental aspects of the project. She is very familiar with the subject property and adjacent site's environmental conditions based on over 15 years of experience working on multiple properties within the City of Bremerton, including the adjacent Ferry terminal and driveway, the adjacent Conference Center, and over a dozen parcels along First Avenue and Washington Avenue. Based on recent soil sampling and analysis by GeoEngineers in four borings on the subject property, there appears to be a low likelihood of encountering significant environmental issues during the development of the new Harborside Park and structures. One of the boring logs (B-1) did note a moderate sheen at a depth of around 2.5 feet. However, the chemical results of the soil samples analyzed did not indicate significant environmental issues. It is our understanding that the Navy has performed environmental investigations across its property including some locations in this area. We also understand that they were conducting additional sampling and analysis within the proposed project area prior to transfer of ownership. Although these data are not available at this time, our previous knowledge of the work conducted by the Navy in this area did not indicate significant environmental issues that would severely impact the proposed project, especially since no major mass excavations are planned. @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and company-confidential. .. .. - e City of Bremerton January 26, 2006 06-5-11 00-020 Page 5 It appears that the main environmental focus will be associated with screening of the soil cuttings and overexcavation of the upper fill material. Based on this screening, it is likely that most of the excavated material will be disposed of as a non-hazardous waste. There might be a small amount of material that will have to be tested for appropriate disposal. Potential impacted soil would likely be related to petroleum, typical for fill material in industrial sites. The proposed park and buildings would also serve as a "cap" for any remaining residual impacted soils. Therefore, we recommend screening the soil from the proposed borings for volatile organic compounds (VOCs) using a photoionization detector (PID) as well as visual and olfactory indicators (e.g., sheens, odors). If any potential environmental impacts are encountered during drilling, we will bring these to your attention and discuss the need for chemically analyzing select soil samples. Project Costs The cost of the above outlined scope of work is as follows. Geotechnical Costs Subcontract Drilling (130 linear feet) Field Services Laboratory Testing Engineering, Reporting, Management., and Meetings $4,680 $2,600 $800 $4.000 Total Geotechnical Cost $12,080 We have assumed the following: . We will be afforded right-of-entry to the site for purposes of our explorations. . We will be provided with maps showing the accurate locations of all underground utilities prior to mobilizing our field efforts. . All excess drill cuttings can be stockpiled on site for future disposal as part of construction. We have not made an allowance in our budget for off-site transport and disposal of soil. @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and company-confidential. .. .. e e City of Bremerton January 26, 2006 06-5-11 00-020 Page 6 . The depth of the borings is based on the anticipated depth of soft soils overlying dense glacial soils. It may be necessary to deepen or shorten the explorations depending upon what we find during the exploration process. Terms and Conditions The scope of work outlined above will be billed on a lump sum basis at the end of each month as a percent of project completed. Our services will be performed in accordance with the standard of care of our profession. If project requirements change, requiring additional work, we will notify you and seek your approval fOJ an addendum to the lump sum cost. The attached Terms and Conditions and any exhibits or attachments referenced herein are incorporated into our agreement with you, and, by your authorization to proceed, you are agreeing to these Terms and Conditions. Please acknowledge your acceptance of this work by having this letter agreement' properly signed and returning a signed copy to us. Any changes to our agreement must be in writing and mutually agreed to. We intend to use the attached example Contract Change form to effectively implement and document any changes. We suggest that any future work done for you be completed as an amendment to this contract. @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Infonnation is proprietary and company-confidential. .. .. e e City of Bremerton January 26, 2006 06-5-11 00-020 Page 7 We appreciate this opportunity to submit our proposal and look forward to your favorable consideration. If we may provide any additional information or clarification of this proposal, please call us. Sincerely, HART CROWSER, INC. ~KW. JULIE K. W. WUKELlC Principal Engineer tJ~ GARRY E. HORVITZ, P.E. Principal Geotechnical Engineer Attachments: Terms and Conditions (HCH 1/99) with Exhibit A Contract Change Form Example ACC~~REMERTON BY: Signature /6/Dc. Date O-M15tK(XJT7>,J Name/Title - Please Print ~Af. f~~~ ~ cc: Bob Krupa, RDG Planning and Design j:\Proposals\0651100020\Harborside Park Museum Proposal.doc @ Copyright 2006, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and company-confidential. _TERMS AND CONDITIONS e 1. SERVICES TO BE PROVIDED AND STANDARD OF CARE. HART CROWSER, INC. (hereinafter "HART CROWSER"), agrees to provide CLIENT (as identified in attached proposal), for its sole benefit and exclusive use, consulting services set forth in the proposal. HART CROWSER's offer to perform shall terminate if not accepted within 120 days of the date of the proposal. HART CROWSER's services shall be performed in accordance with the standard of care of its profession, which means generally accepted professional practices, in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed. HART CROWSER MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ITS SERVICES, including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose. Both parties agree that no third-party beneficiaries are intended by this AGREEMENT, which is defined to include these Terms and Conditions, the attached proposal, and attachments referenced in the proposal. 2. PAYMENT. HART CROWSER will submit invoices to CLIENT for the preceding month's services, and a final bill upon completion of services rendered according to the AGREEMENT. Invoices will be in a format consistent with the attached example marked Exhibit A. Payment is due within 30 days of the invoice date, unless CLIENT notifies HART CROWSER in writing, within 10 business days of the invoice date, of any dispute with the invoice. CLIENT and HART CROWSER will in good faith attempt to promptly resolve any disputed invoice amounts. All undisputed invoice amounts will be considered delinquent if not received by HART CROWSER within 30 days after the invoice date. Any action, claim, lien, or legal disputes arising from such delinquent amounts and initiated by HART CROWSER are not subject to the requirements set forth in paragraph 14 of this AGREEMENT. Interest will be added to delinquent amounts at the rate of one and one-half percent (1.5%) per month of the total arrearage, or the maximum rate allowed by law. Payments received for delinquent amounts will be applied first against interest and then against principal. HART CROWSER may suspend or terminate services under this AGREEMENT for CLIENT's failure to make timely payments after tendering seven (7) days written notice to CLIENT, and all reasonable demobilization and other suspension costs will be paid by CLIENT. Failure to make payment within the time limits set forth in this paragraph is a material breach and excuses HART CROWSER from any performance under this AGREEMENT. CLIENT shall pay HART CROWSER for all time spent and all costs, expenses, and fees incurred (including attorney's fees) in connection with perfecting liens or collecting any delinquent amount(s). 3. RIGHT OF ENTRY, PROPERTY RESPONSIBILITY, AND HAZARDOUS SUBSTANCES OR CONDITIONS. CLIENT shall provide HART CROWSER legal access to and/or obtain permission for HART CROWSER to enter upon all property, whether or not owned by CLIENT, as required by HART CROWSER to perform and complete its services. CLIENT warrants that, prior to HART CROWSER beginning the work, it will provide HART CROWSER with all information known or which should reasonably be known by CLIENT concerning the past or present use of the property, including the nature and existence of any hazardous substances, or hazardous or ultrahazardous conditions on, in, under, adjacent to, or near the property. HART CROWSER has responsibility for its own activities on the property including the safety of its employees; it does not assume control of, nor responsibility for, the property, the person in charge of the property, nor the safety or control of persons not in HART CROWSER's employ. CLIENT agrees that HART CROWSER has no responsibility as a handler, generator, operator, treater, storer, transporter, disposer, or arranger of the transportation and/or disposal of hazardous substances found or identified at the project property. CLIENT further agrees that it shall be responsible for arranging for the transportation and/or disposal of hazardous substances found or identified at the project property. 4. LIMITATION OF LIABILITY. CLIENT expressly agrees that to the fullest extent permitted by law, HART CROWSER's maximum liability to CLIENT for claims arising from HART CROWSER's professional acts, errors, or omissions, shall be the amount of HART CROWSER's fee for professional services or $50,000, whichever is greater. In the event CLIENT desires a higher limitation of liability, HART CROWSER may increase this limit for a higher fee commensurate with the increased risk to HART CROWSER, and this paragraph will be amended by separate written agreement. As used in this paragraph, the term "liability" means liability of any kind, whether in contract (including breach of warranty), in tort (including negligence), in strict liability, or otherwise, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to HART CROWSER's services or the services of HART CROWSER's subcontractors, consultants, agents, officers, directors, and employees from any cause(s). HART CROWSER shall not be liable for any claims of loss of profits or any other indirect, incidental, or consequential damages of any nature whatsoever. 5. INDEMNIFICATION. CLIENT shall indemnify, defend, and hold harmless HART CROWSER and its subcontractors, consultants, agents, officers, directors, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees and court costs arising out of or in any way related to the services or work of HART CROWSER, HART CROWSER's presence on the project property, or the presence, release, or threatened release of asbestos, hazardous substances, or pollutants on or from the project property; provided that such indemnification shall not apply to such claims, damages, losses, or expenses that arise out of bodily injury to persons or damage to property to the extent they are caused by HART CROWSER's sole negligence or willful misconduct; and provided further that CLIENT shall indemnify HART CROWSER against liability for damages, losses, or expenses arising out of bodily injiJry to persons or damage to property and caused by or resulting from the concurrent negligence of (a) CLIENT, its agents or employees and (b) HART CROWSER, its agents, subcontractors, or employees, only to the extent of CLIENT's negligence or the negligence of CLIENT's agents or employees. To the fullest extent permitted by law, such indemnification shall apply regardless of the breach of contract, negligence, or strict liability of HART CROWSER. CLIENT AND HART CROWSER AGREE THAT PARAGRAPHS 4 AND 5 OF THESE TERMS AND CONDITIONS WERE MUTUALLY NEGOTIATED AND THAT BUT FOR THE INCLUSION OF PARAGRAPHS 4 AND 5. HART CROWSER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR HART CROWSER'S COMPENSATION UNDER THIS AGREEMENT WOULD BE HIGHER. 6. DISPOSAL OF SAMPLES, MATERIALS, OR EQUIPMENT, AND WELL ABANDONMENT. Any non-hazardous samples will be discarded 90 days after sampling unless different arrangements are agreed to in writing. Samples, materials, or equipment containing hazardous substances that are regulated under federal, state, or local environmental laws shall be returned to CLIENT at CLIENT's expense. Alternatively, CLIENT may request in writing, pay, arrange, and assume responsibility for the contaminated samples, materials, or equipment to be transported to a disposal site in compliance with all applicable laws; HART CROWSER will act as a bailee and will not be arranging for the transportation or disposal of the contaminated samples, materials, or equipment. Any wells installed as part of HART CROWSER's work may later need to be properly abandoned and recorded in accordance with applicable law. Unless expressly provided for in the proposal, proper well abandonment and recording, and associated costs, are not included in this AGREEMENT. 7. UNFORESEEN OCCURRENCES, SUBSURFACE RISKS, AND SITE DAMAGE. If any unforeseen conditions or occurrences are encountered which, in HART CROWSER's judgment, significantly affect or may affect the recommended scope of work, then HART CROWSER will notify CLIENT. After such notification, HART CROWSER will complete the original scope of work, if appropriate, or agree with CLIENT to modify the AGREEMENT, or terminate the AGREEMENT pursuant to Paragraph 10 if the parties are unable to reach agreement. CLIENT recognizes that special risks occur and "guarantees" cannot be expected whenever professional consulting services are applied to determine the composition or makeup of a site's subsurface or the existence or non-existence of particular man-made or natural subsurface conditions, features, or substances, including but not limited to hazardous substances. CLIENT has the duty to disclose to HART CROWSER any such known or suspected conditions, substances, or features in writing or by notation on plans or drawings provided by CLIENT. Even with adequate disclosure by CLIENT, HART CROWSER can only minimize these risks by applying the standard of care in the industry, and CLIENT agrees to accept this level of risk. When HART CROWSER is providing field services, CLIENT recognizes that the use of exploration and test equipment may unavoidably damage or alter the property surface or subsurface, and CLIENT agrees to assume responsibility for such unavoidable damages or alterations. Finally, CLIENT agrees to assume responsibility for (OVER) personal and property damages caused by ~ CROWSER's interference with subterranean struc. including but not limited to pipes, tanks', utility lines, passageways, tunnels, openings, or ot.uch conditions, substances, or features that are not ed to HART CROWSER's attention in writing or correctly shown on plans or drawings provided by CLIENT. 8. REPORTS, RECOMMENDATIONS, OWNERSHIP OF DOCUMENTS, AND ELECTRONIC DATA. Reports, recommendations, electronic data, and other materials resulting from HART CROWSER's efforts are intended solely for the CLIENT for the purposes of this AGREEMENT; any reuse by CLIENT or others for purposes outside of this AGREEMENT or any failure to follow HART CROWSER's recommendations, without HART CROWSER's written permission, shall be at the user's sole risk. CLIENT will furnish such reports, data, studies, plans, specifications, documents, and other information deemed necessary by HART CROWSER for proper performance of its services. HART CROWSER may rely upon CLIENT-provided documents in performing the services required under this AGREEMENT; however, HART CROWSER assumes no responsibility or liability for their. accuracy. CLIENT-provided documents will remain property of CLIENT. All proposals, reports, field notes, calculations, estimates, electronic data, and other documents which are prepared, as instruments of service, shall remain HART CROWSER's property, and HART CROWSER shall retain copyrights to these materials. HART CROWSER will retain all pertinent records relating to services performed for a period of six years following completion of a report, during which period the records will be made available to CLIENT at all reasonable times. Because of the possibility that electronic information and data delivered in machine readable form may be altered, inadvertently or otherwise, HART CROWSER reserves the right to retain the original tapes and disks. HART CROWSER also reserves the right to retain hard copy originals of all project documentation delivered to the CLIENT in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. HART CROWSER MAKES NO WARRANTIES REGARDING REPORTS. DOCUMENTS. OR ELECTRONIC DATA. EITHER EXPRESS OR IMPLIED. OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. 9. FORCE MAJEURE. It shall be deemed that neither party to this AGREEMENT will be in default under the terms of this AGREEMENT if performance of services is suspended or is prevented or prohibited by law, by inability to obtain permits or licenses, by scarcity or inability to obtain equipment, material, power, fuel, data, or information from parties not under the express control of HART CROWSER, by strike, lockout, or industrial disturbance, by failure of carriers to transport or furnish facilities for transportation, by operation of force majeure (including, without limitation, fire, lightning, earthquake, storm, eruption, flood, washout, cave-in, slides), breakage, or accident to machinery or facilities, or by any cause or action of third parties beyond HART CROWSER's control; provided, however, that HART CROWSER shall exercise reasonable diligence to resume services. 1 O. TERMINATION. This AGREEMENT may be terminated by either party upon receipt of written notice for (1) convenience, or for (2) substantial or material failure to perform in accordance with terms hereof through no fault of the terminating party. Except for termination arising out of delinquency in payment for HART CROWSER's services, such termination shall not be effective unless: (i) not less than seven (7) calendar days notice of intent to terminate has been provided; (ii) the notice specifies "for convenience" or the nature of the substantial or material failure; and (Iii) the notified party has had an opportunity to consult with the terminating party to discuss the termination "for convenience" or cure the substantial failure before expiration of the period specified in the written notice, which shall not be less than seven (7) calendar days. In the event of termination, HART CROWSER shall be paid for services performed up to the termination date, and reasonable termination expenses, including all direct costs and all expenses incurred or committed to that cannot be canceled without penalty. If CLIENT terminates for convenience, a termination charge of 5 percent of HART CROWSER's total fee earned to date or $500, whichever is greater, will be immediately due and payable, in addition to the above costs. 11. CERTIFICATION. HART CROWSER shall not be required to execute any certification with regard to work or services performed, tested, or observed under this AGREEMENT unless: i) HART CROWSER believes that sufficient work has been performed by HART CROWSER to provide an adequate basis to issue the certification; ii) HART CROWSER believes that the work performed, tested, or observed meets the criteria of the certification; and Iii) the form of such certification has been approved by HART CROWSER, in writing, prior to execution of this AGREEMENT. Unless expressly provided for otherwise in writing by HART CROWSER, a certification fee of $1,500 will be due and payable for the first certification HART CROWSER has agreed to perform on this project and $750 for each additional certification. 12. SEVERABILITY AND SURVIVAL. Any element of this AGREEMENT later held to violate a law shall be deemed void,.and all remaining provisions shall continue in force. All Terms and Conditions of this AGREEMENT allocating liability between CLIENT and HART CROWSER, including in particular Paragraphs 4 and 5, shall survive the completion of the services and the termination of this AGREEMENT. 13. INTERPRETATIONS AND TIME BAR TO LEGAL ACTION. Interpretations and enforcement of this AGREEMENT shall be governed by the laws of the State of Washington. All legal actions of any kind by either party against the other related to this AGREEMENT (except actions for non-payment), shall be barred after one year has passed from the time the claimant knew or should have known of its claim, and under no circumstances shall be initiated after two years have passed from the date by which HART CROWSER completes its services. 14. DISPUTES RESOLUTION. Exceot as orovided in the orovisions for Pavment. Paraaraoh 2, in the event of any dispute, claim, cause of action, or other disagreement arising from or relating to this AGREEMENT, the parties shall in good faith use their best efforts to settle such dispute, claim, cause of action, question, or disagreement. If they do not reach a settlement within 60 days, then the parties agree to submit the dispute to mediation, before resorting to litigation. If a dispute at law arises related to the services provided under this AGREEMENT, and such dispute cannot be resolved by negotiation or mediation, then: (i) CLIENT assents to personal jurisdiction in the State of Washington; (Ii) The claim will be brought and tried in either the federal or state jurisdiction in the county where HART CROWSER's principal place of business is located and CLIENT waives the right to transfer the action to any other county or judicial jurisdiction; and (iii) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim-related expenses. 15. PRECEDENCE AND ENTIRE AGREEMENT. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions, oral or written, contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding HART CROWSER's services. CLIENT and HART CROWSER agree that all provisions of these Terms and Conditions were mutually negotiated and agreed upon, and that this AGREEMENT represents the entire AGREEMENT between the parties. No modification or alteration of any provision of this AGREEMENT shall be binding upon either CLIENT or HART CROWSER, unless such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such modification or alteration is sought to be enforced. 16. MISCELLANEOUS PROVISIONS. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Performance of this AGREEMENT may not be assigned by either party without the express written consent of the other, and CLIENT shall not assign any of its legal remedies or courses of action arising from or relating to HART CROWSER's performance of or breach of this AGREEMENT without the express written consent of HART CROWSER. No waiver of any right or remedy in respect of any occurrence on occasion shall be deemed a waiver of such right or remedy in respect of such occurrence on any other occasion. CLIENT and HART CROWSER acknowledge that they have had the opportunity to have this AGREEMENT and all matters related thereto, reviewed by their legal counsel. HCH 1/99 e e PAGE NO: INVOICE NO: DATE: PROJECf: xx XXXXXX XX/XX/XXXX XXXXXXXX .. .. HIJRTCROWSER Hart CIOwsar, Inc. P.O. Box 34960 Seanle, Washington 96102-1960 EIN 91'{)918895 Fax 206.328.5581 T&l206.324.953O Deflvering smarter solutions Client Name Client Address Line 1 Client Address Line 2 Client Address Line 3 Client Address Line 4 Anchorage. Denver. Edmonds. Long Beach Philadelphia. Portland. Seattle ATTENTION: Client Contact Project Description Line 1 Project Description Line 2 Project Description Line 3 Project Description Line 4 . . _ r PROFESSIONAL SERVICES - XX/XX/XXXX throug~:,?,/XX#~X .._~ ~7 1'4 ,~ , ,8 . ~ ;. - ....,,", ... . It.., l!! 'at' ~ Lump Sum .,~ .~$~~,XXX,XX?<.XX.~ ,.,,,,.. i .". .. .... ..- ........ W. h' . \0t4 1m t-:!. I~. . .. ~ xXi;x.x%-cc;m~e"'" .' ". ~'. :. '. ..: it f~,XXX,xxx~~' Le~"reviously Invoiced '. .' ~ !. X,XXX,XXx.xx {."", ,,,. 'j ~~ "A-,l, 1 .t\:~, :~~1~ .~:j ... . . .' .... ..' ,". AMOUN!~U~~I~VO...,_ ., . .... REF. NO: Client P.O. No. ... -- . '~",~: ..... ~. . $. ,_,:'.1 I' ,.". J,. . .-."!: .... ~~ Ii- .~. " X,XXX,XXX.XX Total Authorized Invoiced to Date $ X,XXX,XXX.XX $ X,XXX,XXX.XX Balance Remaining $ X,XXX,XXx.xx LUMP SUM INVOICE Exhibit A O:\Personal\Exhibit A - Lump Sum.doc TERMS: Payment due upon receipt. A service charge of 1-1/2% (18% per annum) will be made on all unpaid invoices 30 (or more) days after the date of this invoice. All costs and expenses incurred by us in connection with the collection of overdue amounts (including without limitation collection charges and attorney's fees) shall be immediately due and payable to us by the client. Please pay from this Invoice. . . .. .. HJ.IRTCROWSER Deliverif'g smarter solutions CHANGE NO. e e IN\'-Vlr'!. hi'JrtcfOw)pr. com CONTRACT CHANGE Date: CLIENT JOB NO. 1"" 'j', ~.,::l dll ~...,.. ,~~ "'::-,~", ~ !~IJ-:! '.,:,'fZ' ..I.~'" ,.., ' " ~.. ,~:,,\ ~wj . ,,-:, .~.~~ (;'::: '~~~'~" !~:~: ~~~ :~,";'~1. .. __.. ;,';'1 "'~ .. c. M II iI,~,:'.~ " tJ Total C6stii' ~ ,(' ~'~~ ~,V'^"~.,,~ ~ .~. ' ':"-- ,'W. : ':,: ,:.,,\ t ~ ~ .' ,p': t,' ~ JJ8 This chfnke ai1le~'Ji co'nt'rst~' between and Hart Crowser dated . ,"~" ,.....':IIIi ~. . .' ",,ji .:;;,:., under Hart Crowser job number . Except as amen~bove, all terms and conditions apply to this Contract Change. To indicate your acceptance, please return one signed copy. PROJECT ,..". ': ~d~~ '~'~','~ ~ t:#>..' '. ~, ",',! _".. ,_~ " :' ,,ii", J' ""'Il.lo~ ,..;~:~..1,....,% CLIENT By: ~"\: Description of WQr,Ill:~ . ::J:; ~~, ......: '~'l ~'})' ~. ...1It~.("._~:..+ ~Yli'i.ijP< - -". Wtif.. ~'\>i: ~ 'ir ,jd ~ ~'" ~ ~ ,.: : : ~ ~;J,',,:ili. t: ti/.!!:.} :~ ~y~ i.. . ,":.- -fl"l' ,... ~:...~.... i'. ,'" 'ir' ~,.,' r<''-:4 ~p";~' ~',~'''1 ,: ~ " "'1 ~ " ~'1 i...... ~ . .<<1 L,. ,""~ ,?,"'~ ''''~~,~ , '. ,.~~ .'.$' : :~: . ~ $XX,XXX Date: Printed Name: HART CROWSER, INC. By: Printed Name: Date: F:\Docs\Forms\Legal\Contract Change Example.doc 1910 Fairview Avenue East Seattle. Washington 98102-3699 Fax 206.328.5581 Tel 206,324.9530 Anchorage Boston Denve, Edmonds Eureka Jersey City Long Beach Porl/ana Seattle