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Home My WebLink About4897Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 4897 HART CROWSER Geotechnical Engineering Design Services Econ Devel LEG 12-1 03/12/2010 06/O1/2010 05/Ol/2010 Proposed Parking Garage & Retail Development . . �� February 11, 2010 City of Bremerton c/o Mr. Brian Fyall Lorax Partners, LLC 2032 East Newton Street Seattle, WA 98112 Re: Geotechnical Engineering Design Services Proposed Parking Garage and Retail Development Bremerton, Washington 10-5-1100-058 Dear Mr. Fyall: Thank you for inviting Hart Crowser to submit this recommended scope of work and cost estimate to provide geotechnical engineering services for a proposed subsurface parking garage and above- grade cinemas/retail development in Bremerton. This proposal is based on our previous work in the immediate area, as well as plans and information provided by you and Abdul Chahim of Exeltech. This current proposal also represents a modification to our previously submitted scope in that the nature of the project has changed somewhat. Hart Crowser is Qualified Hart Crowser is best qualified to accomplish this project because... ■ Our Project Manager, Garry Horvitz, PE, LEG has over 30 years of experience in the geotechnical design and construction of commercial projects in the Puget Sound region. Garry has served as PM for all of Hart Crowser's geotechnical work for the City of Bremerton which, most recently, includes additions to Police Headquarters and Harborside Fountain Park. ■ Hart Crowser has extensive experience with soil conditions in Bremerton as a result of literally dozens of design projects for the navy at Naval Station Kitsap - Bremerton (Shipyard). ■ Hart Crowser has extensive expertise in the design of structural shoring systems including design input for soldier pile/tieback systems and the full design of soil nail shoring system which are noted for saving money over conventional shoring systems in appropriate ground conditions. 1700 Westlake Avenue North, Su�te 200 OO Copyright 2010, Hart Crowser, Inc. Seattle, Washington 98109-6212 All Righ[s Reserved. Information is proprietary and companyconfidential. Fax 206 328.5581 Tel 206.324.9530 Ciry of Bremerton February 11, 2010 We have attached a brief Statement of Qualifications to this letter for your use. Project Understanding �\ 10-5-1100-058 Page 2 We understand that the project consists of the development of a multi-plex theater on top of underground parking. A five-story residential building has been added to the east of the proposed cinemas (in place of the previously anticipated retail shops. The underground parking will be one level below grade with an alternate scheme of two levels below grade beneath the cinemas. The attached figure 2 shows the layout of the currently proposed project with the exception that this figure still shows the proposed retail development which is to be replaced with multi-story residential. Both options provide for multiple levels of below-grade parking with the bottom finished floor of the garage ranging from 20 feet to 35 feet or more below existing street grade. The excavation will likely need to be structurally shored. Anticipated Subsurface Conditions We are familiar with the geologic and geotechnical conditions in the area from our previous work in this neighborhood, both for the City and for the Navy. We are also in possession of, and have reviewed, previous information developed by Shannon and Wilson for the adjacent tunnel project. Subsurface conditions consist predominantly of glacially consolidated and highly competent soils which slope downward from the upland toward Sinclair Inlet. At the turn of the century, this area was extensively regraded for construction of the Puget Sound Naval Shipyard. As a result, substantial filling of this originally sloping site was conducted and the site is currently underlain by a significant thickness of less competent fill material overlying the more competent glacial soils. Fortunately for this project, most—if not all—of the fill soils will be removed by excavating to foundation level across the site if the two-leve) garage option is selected. O Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companytonfidential. City of Bremerton 10-5-1100-058 February 11, 2010 Page 3 NOTE.• If only one level of underground parking is selected this could be problematic (based on the existing information) in that there is a potential for loose fill material to be in place at the foundation level for this alternative. Groundwater was encountered in borings near the site at depths of 15 to 30 feet below grade and could represent a static water table. The presence of a high groundwater table could play a significant role in the design and construction of the subgrade parking structure. Approach and Scope Our approach to the project is based upon making use of the previous explorations surrounding the site and supplementing those explorations with new borings to better identify the soil conditions for the shoring system, foundations elements, and perhaps most importantly, subsurface drainage facilities. Figure 2 present proposed locations of new borings for this project. As can be seen on the Figure there are some existing borings by others surrounding the site. Boring B-11 at the intersection of Burwell and Park is not deep enough to extend to the bottom of the proposed foundation excavation and we have, therefore, proposed a new deeper boring in this area. Borings SW-7 and SW-8 can be used for this study. Adjacent to each boring is a number that indicates the depth of the boring below existing grade. � Our intent with these borings is to explore to a depth corresponding to 15 feet below the lowest �� finished floor elevation. We have assumed about a 5-foot thickness for foundations and would like information to a depth of about 10 feet below footings to correspond to a likely depth of soldier pile embedment (if soldier piles are needed for shoring). With respect to the retail development to the east, we have assumed required boring depths equal to 15 feet. Total budgeted drill footage is 190 lineal feet. As indicated above, the presence of groundwater can have a significant impact on the cost of construction if the water table is above the level of the lowest finished floor. A high groundwater table will influence the cost of shoring and will impact long-term costs related to permanent drainage of the substructure and the possible need/desire for waterproofing. For this reason, we believe that it will be important to look at groundwater conditions. We, therefore, propose to finish two of the borings as groundwater monitoring wells. These locations are indicated on the attached figure. O Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companytonfidential. Ciry of Bremerton February 11, 2010 10-5-1100-058 Page 4 Note that it is our intent to fully penetrate the fill soils at the site. If the fill is deeper than expected, we may need to extend the depth of our borings and we will seek your authorization to do so if needed. The borings will be located in the field and continuously observed by an experienced engineering geologist or geotechnical engineer from our firm who will prepare continuous logs of the soil and groundwater conditions encountered. Samples will be retrieved from the borings and will be transported to our laboratory for further evaluation and limited index testing. Upon completion of the field and laboratory work, we will prepare a summary geotechnical report which wil) contain the following information: ■ Site plan showing the locations of all explorations advanced for this study and previous pertinent explorations; ■ Logs of the borings and test pits including the results of field and laboratory testing; ■ Discussion of subsurface conditions and the influence of those conditions on project development; ■ Recommendations for design of temporary and/or permanent shoring systems including design recommendations for the use of conventional soldier pile/tieback shoring as well as preliminary design of a soil nail shoring system; ■ Recommendations for site preparation; s Recommendations for design of permanent cut and fill slopes; ■ Assessment of groundwater conditions and the influence of those conditions on subsurface structures as well as recommendations for temporary construction dewatering and permanent subsurface drainage; ■ Geotechnical input for design of subsurface utilities; ■ Recommendations for design of shallow foundations including allowable soil bearing pressure, minimum footing dimensions, and depth of burial; ■ Estimates of total and differential settlement; �O Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companyconfidential. � Ciry of Bremerton February 11, 2010 ■ Recommendations for design of slabs-on-grade and pavement sections; 10-5-1100-058 Page 5 ■ General assessment of the need for (and extent of and nature of) site construction dewatering, if necessary; ■ Recommendations for seismic design input parameters from I.B.C.; ■ Recommendations for the selection, placement, and compaction of structural fill including an assessment of the suitabiliry of on-site soils for reuse as fill; and ■ Recommendations for additional studies, if necessary. We have also allowed some time for ongoing consultation once our report is submitted to revise our recommendations, as necessary, as the design develops. In addition, we have allowed some time for review of the project plans and specifications to verify that our recommendations have been appropriately incorporated into the project contract documents. Costs Costs for the above outlined scope of work would be $24,900. Assumptions We have made the following assumptions: ■ We will be provided with right-of-entry to the proposed boring locations. This right-of-entry will be secured by the City of Bremerton. ■ All borings will be advanced from private properry, so that street use permits are not required. ■ All locations are readily accessible to truck-mounted drilling equipment. ■ All drilling locations are either soil surface or asphalt surface such that concrete coring is not required. ■ All site soils are environmentally clean and can be disposed of on site in the current open area along the south side of the site. Arrangements can be made for off-site disposal if you prefer. OO Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companyconfidential. f/ ��. City of Bremerton 10-5-1100-058 February 11, 2010 Page 6 ■ We will be provided with plans showing the accurate locations of all underground facilities on the private property. The scope of work outlined above will be billed in accordance with the attached Rate Schedule. In-house laboratory services and field equipment rental and supplies will be billed in accordance with our Schedule of Laboratory and Field Charges (available upon request). Our services will be performed in accordance with the standard of care of our profession. The attached Terms and Conditions and Rate Schedule, and any other 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. The cost estimate in this proposal is based on representative hourly rates for various categories of personnel and expected project expenses. Invoices will reflect actual charges based on the current Rate Schedule and Schedule of Laboratory and Field Charges, and may differ from the cost estimate in this proposal. Unless other arrangements have been made, charges will be based on the latest Rate Schedule and Schedule of Laboratory and Field Charges. The Rate Schedule and Schedule of Laboratory and Field Charges are subject to change without notice, and new schedules are issued when dictated by inflationary changes. Please acknowledge your acceptance of this work by having this letter agreement properly signed and returning a signed copy to us. Alternatively, please prepare the appropriate contract documents for our review and signature. 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. OO Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companyconfidential. � Ciry of Bremerton February 11, 2010 10-5-1100-058 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. GARRY E. HORVITZ, PE Senior Principal Geotechnical Engineer _ � G^- f �ULIE K.W. WUKELIK Senior Principal Attachments: Figure 2- proposed boring locations Statement of Qualifications Resume Terms and Conditions (HCT&C ()une 2008)) with Exhibit A Rate Schedule (HCCY08) Contract Change Form Example ACCEPTED FOR CITY OF BREM RTON BY: Signature A� c cvT C K,a..�G E S �xCrv"r NU°•� lve scC Name/Title - Please Print � ��-_ ��/� D te � ...�/---,�/J — J:\proposals\1057100058\Bremerton Parking Garage Proposal ELH_revt.doc OO Copyright 2010, Hart Crowser, Inc. All Rights Reserved. Information is proprietary and companyconfidential. : I �+,�cE INt�,� �Ala �� 35' 1 , i�� i�'� � � �1 WELL !� �', �7� � sw-s � �` WELL - - _ 4 � �.G3 '7 � ex�t ; ,y �9� � � . �F -� i � -� B-11/11A w ts's `:: 45' WELL � N/l17� �iC WELL _---_�__--_ $Ur�ll►E�. sj�+ �le� i� � N'�'b�N � m y�,r�,a� -• � � �--'�".'—�'�. �. _� - �.l ��st�. -�� N �. 0 �J Ctl►�MA (?yyb � s, (Z�'fNL 4p� SF 3• i'/yc1�IN� G�ur� (5r� 9�At45• �L• � '�� P�� 6� $ t�,) i z D �• �. � t{� � 1 NG AvA�t,� � . Zs� ru r� _ � � � �O � --- —, � �� .,..� Au�t! • 6Kl'�t'_ .. �. �� i n � � �x: �.�� ::��:��` �"�.�,�`.�'', � �63� a�r � �„-. �� ? � � ��25' J.--- _ ; ;i , °�-�� _ ' ` �uWAh! W � i . 25' . .• : / �- SW_� � � ��. -, -6 �`'�.,,� � �� -FvNNd`L- G�ICL� - � ��l V��IJGI��t ` ��/�V� {J��►Y� Ne � 8 S � 50' � Proposed Bonng $W$ � Previous eoring 0 30 60 Approximate Scale in Feet C� Hart Crowser �] $remerton Parking Garage INTRODUCTION Founded in the Pacific Northwest in 1974, Hart Crowser is a 75-person consulting firm that provides geotechnical, environmental, and natural resource services. We have provided geotechnical engineering services for development and infrastructure projects of all kinds, including hundreds of buildings in urban areas, many of which included excavations to accommodate parking garages. Our project involvement spans planning, permitting, feasibility assessment, design, and construction. PROJECT EXPERIENCE 1616 Eastlake and Garage, Seattle, WA Hart Crowser provided geotechnical engineering design, environmental assessment, and construction observation services for this seven-story office and retail building. The project required excavating 50 feet deep to accommodate multiple levels of underground parking. Groundwater in the sand/gravel was encountered during exploration. The planned excavation level would lower the groundwater level below the water level of nearby Lake Union. Our project hydrogeologist worked with the project team to provide design recommendations for construction dewatering and permanent drainage. The site was adjacent to a steep slope as identified by the City's Environmentally Sensitive Area. Slope stability analysis was performed to ensure there would be no adverse impact to the slope and the nearby I-5 bridge. First Avenue Parking Garage, Seattle, WA Hart Crowser provided geotechnical and hydrogeologic services to the Starbucks Corporation for this 7-story parking garage that includes four levels of below-grade parking. The former site of a tideflat, the site was reclaimed from Elliott Bay in the 19th century. The site contains fill deposits consisting of sawdust, wood planks, ship ballast, and burn debris from the Seattle fire. The below-grade structure is 36 feet below the water table. Hart Crowser's shoring design recommendations took into account the need for temporary lateral support, the necessity of a water-tight cutoff barrier, and provisions for the stabiliry of adjacent structures, buildings, streets, and utilities. Hart Crowser PBge 1 � Hart Crowser � •Bremerton Parking Garage Two Mewport Center and Garage, Bellevue, t�1A Hart Crowser provided geotechnical engineering design for a six-story office building with five-levels of below-grade parking. The construction of the underground levels will require a temporary shoring system on all sides of the excavation to support the surrounding streets, parking areas, and plazas. Based on soil conditions, we recommended use of soldier pile and tieback system for shoring, and shallow foundations for the building. After we provided our design recommendations, the client requested design for a reduced excavation depth. We made revisions to our design, including recommendations for use of micropiles. Children's Hospital Ambulatory Surgical Center and Garage, Bellevue, WA Garry was Project Manager for assessment of geotechnical site considerations for several potential sites and geotechnical engineering design recommendations for the selected site in Bellevue. The proposed development is the first of two phases. The first phase consists of a three-level medical office building and underground parking, and a three-level parking structure partly below grade. Slopes on the site (mapped as a"steep slope" critical area by the City of Bellevue) required attention to access road grades and the bottom of foundation elevations. The site had previously been regraded with varying thicknesses of fill soils. Wetland areas occupy the site boundary. A 30-foot-high permanent soil nail shoring system was selected to provide economical shoring so that the building's moment frame does not have to resist permanent static or seismic earth loads. Mechanically stabilized earth (MSE) will be used above one of the permanent shoring walls to attain final grades. Foundation support recommendations incorporated Flexibility to account for varying thickness of fill in the regraded areas. Careful earthwork methods and construction staging are being used to balance cut and fill soil volumes (for moisture-sensitive soils) to maximize reuse of on-site soil to save costs and address construction site access constraints. Village at the Park - Sammamish To�rn Center and Garages, Sammamish, l�1A Hart Crowser provided geotechnical recommendations for a 13-acre retail, office, and residential development. The Sammamish Town Center will be at the heart of the city, and is planned as a vibrant, family-friendly, urban gathering place to live, work and play in a healthy, natural setting. Retail and office buildings will have four to five stories, with three to five levels of underground parking. There will be 1,300 to 2,000 units of a variety of housing types. Recommendations included shoring, building foundations, and drainage considerations due to groundwater encountered on the property. Hart Crowser Page 2 � Hart Crowser �7 �Bremerton Parking Garage Performing Arts Center Eastside (PACE) and Garage, Bellevue, !�/A Hart Crowser is providing geotechnical design for a new, 2,000-seat performing arts center, which is due to open in 2010. The 135,000- square-foot structure will have five levels below grade, including three levels of parking. The parking structure wil) adjoin an existing parking garage, and the building and below-grade excavation will extend to within a few feet of the property limits, which has meant careful planning and design to protect the adjacent property and structures. To provide cost- effective services, we used information from studies we did previously adjacent to the center. Research and Development Facility at 1627 Eastlake Ave East (199 Blaine) and Garage, Seatt/e, WA Hart Crowser provided geotechnical design for development of a two- and three-story commercial building with two levels of below-grade parking, on a half block site near Lake Union. We prepared recommendations for deep building foundations due to the low strength nature of the upper soils on site. The building footprint closely follows the property boundary; therefore, the right-of-way would not allow slope cutbacks, and a shoring system was required to provide temporary lateral support for safety and stability of the adjacent buildings, streets, and utilities. We provided recommendations for a mixed-rype shoring system, dewatering, drainage, waterproofing, and site-specific seismic considerations. 505 First Avenue (Starbucks) and Garage, Seatt/e, WA Hart Crowser provided geotechnical and environmental services to Starbucks and The Seneca Real Estate Group for design of a new office building at 505 First Avenue in Pioneer Square. The new building, which includes over four levels of underground parking into and below the water table, was constructed in an area of a former sawmill, several automobile repair and gas stations, warehouses with loading docks, and office buildings. Fairview Avenue Property Development and Garage, Seattle, NVA Geotechnical Engineer for design recommendations for a proposed five- to six-story commercial building with one to three levels of underground parking on Fairview Avenue East. The recommendations address a steep slope running through the middle of the site, and the former Lake Union shoreline on the property edge, which indicates the likelihood of random fill material. Also, a slope at a corner of the site is designated as an Environmentally Critical Area Steep Slope by the City of Seattle. Hart Crowser Page 3 � Hart Crowser � �Bremerton Parking Garage 2200 �lestlake and Garage, Seattle, VIl,4 Hart Crowser provided design-level geotechnical and environmental services, as well as construction- related services for the Vulcan/Milliken project at 2200 Westlake. The building has offices, condominiums, a hotel, retail space, and underground parking. li�arriott l�laterfront Hotel, Seatt/e, �1A Hart Crowser provided geotechnical engineering services for the design and construction of the Marriott Waterfront Hotel, which is part of the Port of Seattle's Central Waterfront Development. The project consisted of constructing a mid-rise building across the street from Elliott Bay. Programming for the project called for setting the building in a deep excavation, 18 feet below the static groundwater table. We led an effort to determine whether permanent drainage should be used for the project or whether it would be more advantageous to design the building to be watertight. Other key issues revolved around the effects of dewatering-induced settlement on adjacent significant structures. Olympic College Humanities Building, and Science and Technology Building, Bremerton, Vi1A Hart Crowser provided geotechnica) engineering design and construction for the two-story Science and Technology building and the three-story Humanities building on the Olympic College Campus. Soils at each building site consisted of a variable thickness of uncontrolled fill over a dense bearing layer. I(itsap Conference Center at Bremerton's Harborside, Bremerton, �lA Hart Crowser provided environmental investigation and remediation services to the City of Bremerton to support development of the 10,000-square-foot Kitsap Conference Center at Bremerton Harborside. Services included conducting Phase I environmental site assessments on multiple parcels, soil and groundwater sampling and analysis, developing a cleanup action plan, and providing remediation oversight during remediation activities. Hart Crowser saved the City of Bremerton over a half-million dollars by developing and implementing a cleanup action plan in parallel with construction of the conference center. Hart Crowser Pdg2 4 GARRY E. HORVITZ, PE, LEG Principal Geotechnical Engineer EDUCATION MS, Civil Engineering (Geotechnical), Massachusetts Institute of Technology, 1975 BS, Civil Engineering, State University of New York at Buffalo, 1973 REGISTRATIONS With 34 years of experience, Garry is one of Hart Crowser's most senior engineers. Garry has provided project management and senior-level review for soils and foundation studies and engineering design on hundreds of developments and redevelopments—from preliminary siting through final design and construction. His expertise includes foundation design for a wide range of industrial, commercial, and infrastructure projects. REPRESENTATIVE PROJECT EXPERIENCE Professional Engineer, wn, Research and Development Facility at 1627 Eastlake Ave East (199 Blaine), Seattle, OR, AK, and HI WA. Garry was Project Manager for geotechnical design for development of a two- Licensed Engineering and three-story commercial building with two levels of below-grade parking, on a half Geologist, wn block site near Lake Union. He prepared recommendations for deep building AFFILIATIONS foundations due to the low strength nature of the upper soils on site. The building footprint closely follows the property boundary; therefore, the right of way would not American Society of Civil Engineers (ASCE); Wa[erway, allow slope cutbacks, and a shoring system was required to provide temporary lateral Port and Coastal Division support for safety and stability of the adjacent buildings, streets, and utilities. Provided recommendations for a mixed-type shoring system, dewatering, drainage, ASCE National Port and Harbor Steering Committee Waterproofing, and site-specific seismic considerations. Society of Amencan Military Engineers (SAME) Hart Crowser 1101 Dexter Office Building, Seattle, WA. Project Manager for geotechnical engineering design for a six- and seven-story office building between Dexter Avenue East and Aurora Avenue North. The building will have two different foundation levels, one at three stories below grade and the other two stories below grade. The below grade levels will be used for parking. The majority of the site is in an Environmentally Critical Area—a landslide prone area with slopes steeper than or equal to 40 percent. The work includes shoring design using a soldier pile-tieback system, foundation design, geotechnical sampling and analysis, slope stability analysis, and seismic engineering. Kitsap SEED Site, Bremerton, WA. The Port of Bremerton planned the first phase (pod 1) of its clean tech/LEED platinum business park known as Kitsap SEED. The business park was planned for 86,000 square feet of built space, including advanced zero-low impact site development on roughly 8 acres. The preferred development site included a former landfill area that has been regraded and has a permeable soil cap. As Project Manager, Garry evaluated the load-bearing capacity of the fill and cover, and its suitabiliry for the planned construction. Our evaluation included recommendations for seismic issues, foundation types, pavement sections, and mitigation of explosive gases. Garry E. Horvitz. PE, LEG Page 1 � 505 First Avenue South (Starbucks) and Historic Building Underpinning, Seattle, WA. Garry is currently the Principal in Charge for geotechnical and environmental services for Starbucks and The Seneca Real Estate Group for design of a new building at 505 First Avenue. The new building incorporates the existing historic 83 King Street (Seattle Hardware) building. This project is unique because it includes a four-story below-grade parking structure where the groundwater table is within 5 feet of the current ground surface. The solution to this challenge involved a watertight excavation shoring system using Cutter Soil Mixing techniques, which excavated rectangular slots into the soil. The site was then depressurized so that excavation could proceed, and was completely sealed using a foundations slab and watertight membrane system. Tiedown anchors below the foundations slab were required to prevent uplift of the building once the depressurization system was turned off. The new excavation extends below the tips of the timber piles that support the 83 King Street Building. The existing historic building was underpinned using micropiles prior to installation of the shoring system. Starbuck's Headquarters Parking Garage, Seattle, WA. Project Manager for geotechnical services for a seven- story parking garage addition, including subsurface utilities, at the Starbucks headquarters. The project required deep foundation design to support heavy loads, evaluation of risk tolerance vs. cost benefit of foundation alternatives, and recommendations for seismic design in this area that is prone to liquefaction. Services were provided through construction. 2200 Westlake Building, Seattle, WA. Garry was Project Manager for geotechnical services for development of the 2200 Westlake Building, just north of downtown Seattle. The building has 137,000 square feet of offices, 270 condos, 93,000 square feet of retail space, and six levels of underground parking. Upper soils at the site were contaminated with petroleum hydrocarbons. Hart Crowser made use of previously conducted environmental explorations to strategically locate supplemental explorations for both geotechnical and environmental use. Borings that were advanced for geotechnical purposes were also fitted with monitoring wells to sample and analyze groundwater for contamination. 2201 Ninth Avenue Building, Seattle, WA. Principal in Charge for geotechnical engineering design recommendations for this project at 9th Avenue and Denny Way. Vulcan, Inc. built a 7-story tower, a 14-story tower, and a six-level parking garage about 60 feet below grade. Our engineering conclusions and recommendations included site preparation, excavation retention and support, the effects of groundwater on site excavation and shoring, solider pile and tieback shoring walls, foundations, permanent drainage considerations, and seismic considerations. Children's Hospital Ambulatory Surgical Center, Bellevue, WA. Garry was Project Manager for assessment of geotechnical site considerations for several potential sites and geotechnica) engineering design recommendations for the selected site in Bellevue. The proposed development is the first of two phases. The first phase consists of a three-level medical office building and underground parking, and a three-level parking structure partly below grade. Slopes on the site (mapped as a"steep slope" critical area by the City of Bellevue) required attention to access road grades and the bottom of foundation elevations. The site had previously been regraded with varying thicknesses of fill soils. Wetland areas occupy the site boundary. Hart Crowser Garry E. Horvitr, PE, LEG Page 2 TERMS AND CONDITIONS 1. SEI�VI�ES TO BE PROVIDED AND STANDARD OF CARE. HART CROWSER, INC. (hereinafter "HART CROWSER"), agrees to provide CLIENT (as identif�ed in attached Proposal), for its sole benefit and exclusive use, consulting services set forth in the Proposal. HART CROWSER's offer to �erform shall terminate if not accepted within one hundred twenty (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 inerchantability 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 CIIENT 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 thirty (30) days of the invoice date, unless CLIENT notifies HART CROWSER in writing, within ten (10) 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 thirty (30) days after the invoice date. Any action, ciaim, 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 Gmely 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 attomey 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 shall provide HART CROWSER with all information known or which should reasonably be known by CLIENT conceming 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 th the fullest extent permitt aw, HART CROWSER' i um liability to CLIENT for any and all claims by CLIENT and any other person ntity, arising from HART SER's professional act rors, or omissions, shall be � amount of HART CROWSER's fee for profession rvices or $50,000, which is greater. The foregoing ' i is in the aggregate for a nd all •,�';Irl claims asserted against HART CROWSER. e event CLIENT desires igher limitation of liability, H CROWSER may increase s limit for higher fee commensurate with the incre d risk to HART CROWSE , nd this paragraph will be ame d by separate written agre ent. As used this paragraph, the term "liability" ns liability of any kind, er in contract (including breac warranty), in tort (includi negligence), in str t liability, or othervvise, for any d all injuries, claims, los , expenses, or damages what ver arising out of or in y way related to HA T CROWSER's services or t ervices of HART CROWS s subcontractors, consultants, a ts, officers, directors, an mployees from any cause(s). HART CROWSER sh ot be liable for any clai of loss of profits or any other ' irect, incidental, or consequential damages of any nature whatsoever. CLIENT AND HART CROWSER AGREE THAT PARAGRAPHS 4. 5. AND 13 OF THESE TERMS AND CONDITIONS WERE MUTUALLY NEGOTIATED AND THAT BUT FOR THE INCLUSION OF PARAGRAPHS 4. 5. AND 13 HART CROWSER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR HART CROWSER'S COMPENSATION UNDER THIS AGREEMENT WOULD BE HIGHER. � ,,.�. �v � -s-�-�.� , ) 5. INDEMNIFICATION. CLIENT s indemnify, defend, and h armless HART CRO R and its subcontrac , consultants, agents, officers, / directors, and employees from a against all claims, dama , osses, and expenses ' cluding but not limited ttomey fees and cou sts arising � � out of or in any way relate the services or work of RT CROWSER, HA ROWSER's presen n the project prope r the presence, ee� release, or threatened re se of asbestos, hazardo substances, or polluta on or from the proj property; provided t such indemnification �QJ' shall not apply to suc claims, damages, losses r expenses that arise o of bodily injury to p ons or damage to pr rty to the extent they are ,'> I �� caused by HART OWSER's sole neglige e or willful misconduct; d provided further at CLIENT shall inde ify HART CROWSER against� S � liability for dama s, losses, or expenses ing out of bodily injury persons or damage property, and cause y or resulting from the concurrent � negligence of ) CLIENT, its subcontra rs, consultants, agents r employees and (b ART CROWSER, it ubcontractors, consultants, agents, or employees nly to the extent of CLI 's negligence or the n igence of CLIENT' ubconVactors, cons nts, agents, or employees. To the fulle extent permitted by law, such indemnification shall apply reg less of the breach contract, negligence, strict liability of HART CROWSER. 6. DISPOSAL OF SAMPLES, MATERIALS, OR EQUIPMENT, AND WELL ABANDONMENT. Any non-hazardous samples will be discarded ninety (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 retumed 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 prope�ly 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, HART CROWSER will notiry 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 subsurtace, 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 of its profession, and CLIENT agrees to accept this level of risk. �^�ti ^ ueoT (`Rn��RFR nso:;a-�;^m;�ld , cogn� e �� HC T8C (June 2008) Sheet 1 of 2 , ag a . S. 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 ��.^5 I' written permission, shall be at the user's sole risk. CLIENT shall 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. f 'screti o e as n pr vious . r e i en ' e i ,,�, � C - - - - - a rPai a - -- - - osaLs rasr.tr fiak# �^��d�ti �c ocr�.h�ros_� ,+�'�� 9. FORCE MAJEURE. It shall be deemed that neither party to this AGREEMENT will be in default under the terms of this AGREEMENT if pe�Formance 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 fumish 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 reasonabie diligence to resume services. 10. TERMINATION. This AGREEMENT may be terminated by either party upon receipt of written notice for (1) convenience, or (2) for 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 uniess: (i) no 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 S�� 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�a , nce ' ion � � �a 11. CERTIFICATION. HART CROWSER shail 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. Unles expressly provided for otherwise in writing by HART CROWSER, a certification fee of $1,500 will be due and payable for the first certification HA 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 govemed by the laws +� �� of the State of Washington. or non-pay�eat�.1 14. DISPUTES RESOLUTION. Exceot as orovided in the �rovisions 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 ,1'JaY' of action, question, or disagreement. If they do not reach a settlement within sixty (60) days, 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: (i) CLIENT assents to personal jurisdiction in the State of Washington; (ii) the claim will be brought and tried in 2RIf8T-t�e �—� � a' '' '' � "' the arty will be entitled to recove of II reason �� ti , y ees, an o r c aim-r . 3� 15. PRECEDENCE AND ENTIRE AGREEMENT. These Terms and Conditions shall take precedence over any inconsistent or contradi 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 shall be deemed a wavier 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. HC T&C (June 2008) Sheet 2 of 2 PAGE �30: Ii�1VOICE NO: DATE: PROJECT: Client Name Client Address Line 1 Client Address Line 2 Client Address Line 3 Client Address Line 4 � XXXXXX XX/XX/XXXX XXXXXXXX ATTENTION: Client Contact Project Description Line 1 Project Description Line 2 Project Description Line 3 Project Description Line 4 /'' �r ��oW� Edmonds • Port/and • Seatt/e REF. NO: �' �� 1 PROFESSIONAL SERVICES - XX/XX/XXXX through XX/XX/XXXX �' �' � j � � t �' r J I i 1 _� , ;-� � �� I � I� � � ; IR TLAB R � � fj � � � 1 _�� , ; � � � � � "� � ; �� ,�� j �_ _, � t DIRECT EXP NSES� �� f` j �� s � � � j �' � ;� + r � ; , ; �'-� j' ` 1 , / t �'.� �� I.�--~��"� % �, � _�, ' � � 1 r ? � f �- , f � — AMOU,NTIDUE THIS INVOICE�"' � 1� � ' � �,/ � �_� /E � �� t_ 1 '� � _.--�-'" Total Authorized $ X,XXX,XXX.XX Invoiced to Date $ X,XXX,XXX.XX Balance Remaining $ X,XXX,XXX.XX RATE SCHEDULE INVOICE Hart Crowser, Inc. 1700 Westlake Avenue North, Surte 200 Seattle, Washington 98f09-6212 EIN 91-0918895 Fax 206.328.5581 Te1 206 324 9530 Client P.O. No. �� r� � � "� r � ,1 r P � � � �' � ; � _ j� � �__-- �'� � XX ,X,XXX.XX � � �= ' °''� XXX,XXX.XX IA��A��A�1 Exhibit A Sheet 1 of 2 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 collec6on charges and attorney's fees) shall be immediately due and payable to us by the client. Please pay from this invoice. � WAGE NO: XX INVOICE NO: XXXXXX DATE: XX/XX/XXXX PROJ ECT: XXXXXXXX �� o�� Edmonds • Portland • Seatt/e LABOR & EXPENSE DETAIL DIRECT LABOR HOURS RATE Senior Staff HCI Employee XXX.XX XX.XXXX HCI Employee XXX.XX XX.XXXX Project HCI Employee XXX.XX Clerical HCI Employee XXX:XX �-� Proj. Assistant/Technical Word Proc. �-" �� , ��r � , HCI Employee /" ;' / r ' ff � XXX�.XX � l� i i ' l? � ��-� ; 7 1 ; f r; � � �l '� � � Project Drafter�� '� �� ;' / � � � �,� � , � j HCI Employee '`, `� � i �_ i XXX.XX,� 'F 1 i / � � ��: =� • -1 , ` JXXXIXX"` f �� f � � l� r��', �� "'J \ ! �-- DIRECT EXP,ENSES !�'� � ' � ` COST/QTY HCI Unit,l�Pricing"Reim_bursakile � In-House Reprographics 1 ..�--� - -�F'�:f:i:i3 _ 7{ � ! XX.XXXX " DOC ID XX/XX/XX XX.XX copy(s) I/H Repro 8 1/2 x 11 (14) DOC ID XX/XX/XX XX.XX copy(s) I/H Repro 8 1/2 x 11 (14) ---------------------------- *** XX.XX Computer Charges/Word Pr. DOC ID XX/XX/XX XX.XX hour(s) Word Processing Comp Rental .----------------- --- -------- XX.XX Personal Mileage Reimbur DOC ID XX/XX/XX Mileage - Personal Vehicle O:\HC Documents\Exhibit A - Rate.doc XX.XX mile(s) ---------------------------- XX.XX *'' TOTAL PRO)ECT '� � �` � �f � l � �� s j � 9 f � � �� RATE XX.XXXX XX.XXXX Hart Crowser, Inc. 1700 Westlake Avenue North, S�ne 200 Seattle, Washingfon 98f09-6212 EIN 91-0918895 Fax 206.328.5581 Tel 206.324 9530 AMOUNT XX,XXX.XX XX,XXX.XX XX,XXX.XX I:�:w1:�:w�1 XX�XX/�./�/� ..... XX XXX.XX = XX,XXX.XX AMOUNT XX,XXX.XX XX,XXX.XX .XXXX XX,XXX.XX .......... . .. ....... . XXX,XXX.XX XXX,XXX.XX Exhibit A Sheet 2 of 2 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. /'/ � � hC�It�ra r CQrrt ��II�� HART CROWSER RATE SCiiEDULE Sr. Principal Principal Sr. Associate Associate Sr. Project Project Sr. Staff Staff Drafter Senior Drafter Project Assistant DIRECT CHARGES Auto Mileage Truck/Van Rental (Half-day minimum) Subcontractors and Outside Vendors Communication Charge Second and Third Shift Weekend and Holidays"` $210 $195 $175 $155 $137 $119 $99 $82 $85 $108 $70 Current Federal Standard $85/day + 25¢/mile over 50 Cost + 15% 5% of Billed Labor $20/hr premium The current Schedule of Laboratory and Field Charges for in-house laboratory services and field equipment rental and supplies is available upon request. All rates are subject to change without notice. `Second and Third Shifts are those starting between 4 PM and 4 AM. Extended and back to back shifts with more than 10 total hours will have hours in excess of 10 billed with premium. Preparation for testimony and appearance at depositions and testimony will be charged at 1.5 times the specified rate. HCCY08 1700 Westlake Avenue North, Surte 200 Seattle, Wash�ngton 98109-3056 Fax 206.328 5581 Tel 206 324.9530 ' L� � � - "Ctt;'';�-' �'^ a �� CONTRACT CHANGE CHANGE NO. CLtENT JOB NO. PROJECT Date: This change amends contract between and Hart Crowser dated under Hart Crowser job number . Except as amended above, all terms and conditions apply to this Contract Change. To indicate your acceptance, please return one signed copy. CLIENT By: Printed Name: HART CROWSER, INC. By: Printed Name: j:\Docs\Standards\Terms and Conditions\Example Contract Change ELH.doc Date: Date: J 7W 'NoS7lako Avenue Noqh, Swfe 200 Sealfle. Woshmglc�i 98 109-3056 F�x 206..728.5�81 Te! 20G 32J.9530 � � � . � Indemnification. Consultant hall defend, officials, employees, agents d volunteers c�mages, losses or suits, i cluding all legal connection with the pe�Ormance of this Agrf e and damages caused�.by the City's �e negli,g / nnj,f� and hold the City, it ofticers, �s from any and all clai s, injuries, and attorney fees, arisi out of or in t, except for that porti of the injuries The City's review or acceptan�of any of the work when�t�ompleted shall not be grounds to av,oid any of these covena ts of indemnification. f / / s� j . . S�ould a court of compe nt jurisdiction determine�hat this Agreement is s ject to RCW 4.24.115, then, in the vent of liability for dam�es arising out of bodil injury to pe�ons or damages to pr��rty caused by or resultiryg from the concurrent n gligence of,�t�ie Consultant and the C�ity, its officers, officials employees, agents and olunteers, the Consultant's liabilit hereunder shall be onl to the extent of the onsultant's r negligence. IT IS FURTHER ECIFICALLY AND E PRESSLY UNDERST t�D THAT THE INDEMNIFICAT N PROVIDED HERE CONSTITUTES THE CONSULTANT'S WAIVER OF I MUNITY UNDER IN USTRIAL INSURANC , TITLE 51 RCW, SOLELY FO THE PURPOSES OF HIS INDEMNIFICATI N. THE PARTIES FURTHER CKNOWLEDGE THA THEY HAVE MUTU LLY NEGOTIATED THIS WAI ER. The provisions of this section shall survive the expirat'�n or termination of this � 1 Agreement. S �� ✓is e � S 3 ir l � �� L � B. Ownership and Use of Records and Documents: Original documents, drawings, � designs and reports, including those in electronic format, developed under this g�' � Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Sea� , Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer sottware or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any � reuse by the City for other than the specific purpose intended will be at City's sole risk. 1� � � B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on � j , ly,a- a final invoice submitted to the City. After termination, the City may take possession of � � all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project ` which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. � Hart Crowser, Inc. City of Bremerton T&C re: Proposed Parking Garage & Retail Development, 02.11.2010 Proposal # 10-5-1100-058 revision 03.10.2010 � i �� I r� mended Sec. 5- Indemnification � ' 3l � ` Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers, ("the City"), harmless from any and all claims, injuries, damages, losses or suits, including reasonable attorney fees and court costs, arising out of or in connection with the Consultant's negligence, errors or omissions in the performance of this Agreement. The City shall defend, indemnify and hold Consultant, its officers, officials, employees, agents and subconsultants, ("ConsultanY'), harmless from any and all claims, injuries, damages, losses or suits, including reasonable attorney fees and court costs, arising out of or in connection with the City's negligence, errors or omissions in the performance of this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liabiliry for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, the Consultant's liability hereunder shall be only to the extent of the ConsultanYs proportionate fault. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement.