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16-103275,a4k CITY OF 10P%h%k �&-w FiLE Federal Way CRITICAL AREA DIRECT SERVICES REQUEST Date: July 11, 2016 City: City of Federal Way Community Development Department 33325 8`' Avenue South Federal Way, WA 98003 Consultant: Senior Geotechnical Engineer Calvin Evangelisti Landau Associates 130 2nd Avenue South Edmonds, WA 98020 CEvanp-elisti@landauinc.com C Mc C auRhanC� 1_andaui nc.com 425-329-0273 Project: Wendt— Geotechnical Study/Analysis *No Site Address* (36`h Avenue SW, Federal Way) Parcel # 058755-0190 File No.: Project Proponent: 16-103275-00-AD Mary Wendt 31122 36`h Avenue SW Federal Way, WA 98023 253-569-9756 miawendt@gLrLail.com Project Planner: Associate Planner Leila Willoughby -Oakes Leila, w illou ghby-o akes(a)cityoffedera lway.com 253-835-2644 Project Background: The subject property is located within an erosion hazard area and landslide hazard area covering 50 percent of the property. The applicant proposes a site reconnaissance, or geologically hazardous area (GHA) assessment, in order to construct one single-family home and associated improvements. No building permit has been submitted. The city received a request for use of the Critical Area Direct Services Program. The project proponent has requested a cost estimate be provided for the site reconnaissance and geotechnical report. The GHA designations are identified on the city's Critical Areas Inventory Map (see image on next page). Critical Areas Direct Services Request — Wendt Page I of 2 File #16-103275-00-AD / Doc. I.D. 74057 Documents Provided: Application for Critical Area Direct Services Program w Federal Way Revised Code (FWRC) Article II "Geologically Hazardous Areas" Task Scope: 1. Verification and typing of the GHAs per FWRC Chapter 19.145, "Environmentally Critical Areas," especially Article I, "Administrative" and Article II, "Geologically Hazardous Areas." 2. The location of geologically hazardous areas and their buffers for single-family home construction. 3. Provide a report of findings and conclusions. 4. Complete a cost estimate for the above -mentioned items. *Landau Associates shall copy the City of Federal Way Planning Division on all written and email correspondence with the project proponent (Mary Wendt).* 1 LG u rs e - 7 _ .�_- . City of Federal Way Critical Areas Map, September 2012 Source: isle :1!«R-t'ederal►ra►.civic his.com/DocumentCenter/Home/View/460 Critical Areas Direct Services Request —Wendt Page 2 of 2 File #16-103275-00-AD / Doc. I.D. 74057 A 0-# ,to -..(00qq�— A RECEIVE Li)EPARTmENT OF COMMUNrrY DEVELOPMENT 33325 e Avenue South CITY OF ti=' J =--T= JUL 0 7 2016 Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 Federal Way CITY OF FEDERAL WAY t5 t:_Lt�Vi?�!Cd!_rS!tK ij'. iiR CDS APPLICATION CRITICAL AREA DIRECT SERVICES PROGRAM Project Name: 10+ (C-( s house- -{ U-mwInt + N.ADT Project Description: n-e-b S S Project Address: �i1� VieW 0001 [ N P -' d-f r__,5 ` Parcel #: Contact Name: Max .a1r" &� Phone �3-sl°� 9-7 $ Email: 'I - C-0 M E Mailing Address (if different from above): o'9 $ a ` h -A 80 Z �aa-t+ La UUa q(9 I I I am the owner of the above referenced property and I authorize the city to obtain an estimate of project cost. I recognize the Direct Services Program is optional and that I may choose to utilize any qualified consultant of my choosing. I agree to indemnify and release the city from all liability associated with the program or the work/reports of the consultant. Signature: Date: r7 iP C4 Use Only Consultant Name: Date Sent to Consultant: .& Materials Sent to Consultant: ❑ Site Plan ❑ Landscape Plan ❑ Special Study(s) Other. �P Folder # !� — LU Fee Estimate: % 11 2 S O' G o A od(t.4 ❑ Const�ctiocwin' s / t 9 Other. n� Bulletin #078 — June 1, 2014 Page 1 of 1 k:\Handouts\Critical Areas Optional Direct Services Application LANDAU ASSOCIATES August 3, 2016 Ms. Mary Wendt 2821 2nd Avenue Seattle, Washington 98121 Re: Limited Geotechnical Feasibility Evaluation Parcel No. 058755-0190 36th Avenue SW Federal Way, Washington Dear Mary: Landau Associates is pleased to present this technical letter providing a limited geotechnical feasibility evaluation for Parcel #058755-0190, located on 36th Avenue SW, in Federal Way, Washington (Figure 1). The services, evaluation and recommendations presented in this letter are based on discussions with and information provided by you, observations made during our recent site visit, and telephone conversations with the City of Federal Way (City). Information provided includes preliminary review comments by the City. Project Description We understand that you wish to sell a parcel of land located south of 31122 36th Avenue SW, in Federal Way, Washington. Approximately 50 percent of the parcel is located within an erosion hazard area and a landslide hazard area. Prior to the sale of the parcel, we understand that you would like a letter that will be provided to potential buyers, that describes the results of a site reconnaissance, an assessment of the City's geologically hazardous area ordinance described in the City of Federal Way Revised Code, and a limited assessment of the feasibility of constructing a single family home with associated improvements on the parcel. Scope of Services Our scope of services was outlined in our proposal letter dated July 29, 2016. Authorization to proceed was provided by a written agreement between you and Landau Associates dated August 1, 2016. Our services for the project consisted of a limited geotechnical feasibility evaluation of the parcel which includes the following: Compile and review readily available geologic and geotechnical information, and other relevant data for the project area • Complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project site (this was performed during our site visit with you on July 25, 2016). This reconnaissance also 130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907 • www.landauinc.com Limited Geotechnical Feasibility Evaluation DRAFT included a visual assessment of the steep slope(s) and erosion hazard areas located on the property. 6 Prepare this technical letter that includes the following: — a figure showing the location of Parcel #058755-0190 — a description of surface conditions, topographic information, and a discussion of the near -surface soil and groundwater conditions anticipated from available geotechnical and geologic data and observations made during our site reconnaissance — an assessment of the feasibility of constructing a single family home on the parcel with respect to the City's geologically hazardous area ordinance — verification of the geologically hazardous areas located on the parcel per the City of Federal Way Revised Code Chapter 19.145 — limited geotechnical recommendations for constructing a single family home in relation to the geologically hazardous areas located on the parcel including buffers — recommendations for buffer reductions and additional geotechnical evaluation that would be needed to reduce the buffers and satisfy the City's geologically hazardous area code requirements. August 3, 2016 Limited Geotechnical Feasibility Evaluation DRAFT Site Conditions This section discusses the general surface conditions observed at the project site at the time of our geologic reconnaissance. Interpretations of the site's subsurface conditions are based on our review of available information, and the results of our site reconnaissance. General Geologic Conditions The geologic setting of the project area has been largely influenced by advancing and retreating glacial ice. During the Pleistocene Epoch (early Quaternary), 2 million to 10,000 years before the present (ybp), vast continental ice sheets advanced into the Puget Sound region. Evidence indicates that there were at least six advances of the continental ice into the region during the Pleistocene Epoch. The latest glacial advance, referred to as the Vashon Stade of the Fraser Glaciation, occurred between about 22,000 and 13,000 ybp and had the greatest effect on the present-day landscape. As the continental glacier advanced into Puget Sound, the ice blocked the Strait of Juan de Fuca forming a large fresh water lake. The lake drained to the south, out through the Black Hills south of Olympia and to the Pacific Ocean through the ancestral Chehalis River. Fine-grained sediments (silt and clay) from the glacier and from rivers and streams flowing from the Cascade and Olympic mountains were deposited in the lake. As the glacier continued to advance, meltwater streams issuing from the glacier laid down extensive deposits of chiefly sand and gravel (advance outwash), filling the lake and burying much of the preglacial topography. The glacier advanced over the lake and outwash deposits, scouring out some areas and depositing glacial till over the surface in other areas. The deposits were highly consolidated by the weight of the overlying ice, resulting in highly compact soils. As the glacier retreated (ablated), recessional deposits of sand and gravel outwash, along with ablation deposits of silt, sand, and gravel, were laid down in some areas. Normal erosional and depositional processes further modified the post -glacial landscape. General geologic information for the project site was obtained from the Geologic Map of the Poverty Bay 7.5 minute Quadrangle, King. and Pierce Counties Washington (Booth et al. 2004), published by the United States Geologic Survey (USGS). According to Booth, Waldron, and Troost, near -surface deposits in the vicinity of Parcel #058755-0190 consist of Vashon (Pleistocene) age glacial deposits consisting of recessional outwash, glacial till, and advance outwash. Recessional outwash predominately consists of stratified sand and gravel and less commonly silty sand and silt. Recessional outwash is deposited in outwash channels that were carried away from retreating ice by south draining glacial meltwater. This unit was not glacially overridden and typically exhibits moderate to low permeability depending on silt and clay content and moderate to high shear strength. August 3, 2016 Limited Geotechnical Feasibility Evaluation DRAFT Soil defined as glacial till consists of a dense to very dense, unsorted mixture of boulders, cobbles, gravel, and sand in a matrix of silt and clay with some lenses of sorted, stratified sand and gravel. This unit typically exhibits low -permeability and high -shear strength, characteristics resulting from compaction by the weight of the overlying glacier. Advance outwash predominately consists of stratified sand and less commonly gravel silt. Advance outwash is deposited subauqueously or by streams and rivers in front of advancing glaciers. This unit was glacially overridden and typically exhibits moderate to low permeability depending on silt and clay content and high shear strength resulting from compaction by the weight of the overlying glacial till deposits and glacial ice. Surface Conditions Within the parcel area, the topography is generally flat near 36th Avenue SW at an elevation of approximately 250 ft. The parcel is relatively level on the western half with the eastern half sloping steeply to the east down to about elevation 60 ft at Joes Creek located east of the parcel and downslope. The parcel is moderately to heavily vegetated with a mixture of large evergreen and deciduous trees and undergrowth typical of western Washington. Subsurface Soil Conditions Subsurface conditions are expected to match the mapped geology and generally consist of recessional outwash deposits overlying glacial till deposits with advance outwash deposits encountered with depth underlying the glacial till. Groundwater Conditions Groundwater conditions for the parcel are unknown. Based on a search of the Washington State Department of Ecology Well Log Database (Ecology 2016), the nearest wells are located northwest of the parcel on Dash Point Road at a ground surface of elevation 160 ft and southwest of the parcel on 39th Avenue SW at elevation 180 ft. These wells were advanced to depths of approximately 60 ft and 40 ft below site grades (bgs) on Dash Point Road and 39th Avenue SW, respectively. Groundwater was not encountered in either well. Based on our knowledge of the anticipated subsurface conditions and nearest wells, we anticipate that groundwater will likely be encountered at depths greater than 100 ft bgs on the western half of the property where a single family residence will likely be constructed. Geologic Hazards We reviewed the City of Federal Way Revised Code Chapter 15.10 and Chapter 19.05.070G, to determine if the site meets the definition for critical areas and/or geologic hazards as defined by the City of Federal Way. We offer the following comments. August 3, 2016 Limited Geotechnical Feasibility Evaluation Erosion Hazard Areas DRAFT Per the City of Federal Way Revised Code Chapter 19.05.070G(1), erosion hazard areas are those areas identified by the U.S. Department of Agriculture's Natural Resource Conservation Service as having a moderate to severe or severe to very severe rill and inter -rill erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow; those areas containing the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap ("AkF"), Alderwood gravelly sandy loam ("AgD"), Kitsap silt loam ("KpD"), Everett ("EvD"),and Indianola ("InD"); and those areas impacted by shore land and/or stream bank erosion (City of Federal Way 2015). The USDA NRCS mapping tool (USDA 2016) indicates that the site soils consist of the Indianola Loamy sand ("InC") on the western half of the parcel and upper portion of the steep slope and consists of Alderwood-Kitsap ("AkF") soils on the eastern portion of the parcel on a slope greater than 15 percent. Although the Indianola Loamy sand ("InC") present on the western half of the parcel does not qualify as an erosion hazard area, the parcel, as a whole, is classified as an Erosion Hazard Area as defined by the City of Federal Way Revised Code in our opinion, based on the presence of Alderwood- Kitsap ("AkF") soils on the eastern portion of the parcel on a slope greater than 15 percent. Landslide Hazard Areas Per the City of Federal Way Revised Code Chapter 19.05.070G(2), landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: (a) Any area with a combination of: • (i) Slopes greater than 15 percent; • (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and • (iii) Springs or groundwater seepage. (b) Any area that has shown movement during the Holocene epoch, from 10,000 years ago to the present, or that is underlain by mass wastage debris of that epoch. (c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. (d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. (e) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology's Coastal Zone Atlas. August 3, 2016 Limited Geotechnical Feasibility Evaluation DRAFT (f) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Washington State Department of Natural Resources. (g) Slopes having gradients greater than 80 percent subject to rock fall during seismic shaking. (h) Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief (City of Federal Way 2015). In our opinion, the site likely meets the definition for a Landslide Hazard Area, due to the presence of slopes greater than 15 percent and the potential for permeable recessional outwash deposits overlying relatively impermeable glacial till which would likely result in springs or seeps in the wetter winter months. Groundwater seepage and evidence of past landslides such as those evidenced by topography indicative of head scarps and landslide debris masses, "pistol -butted" trees, etc., were not observed during our site reconnaissance on July 18, 2016. Seismic Hazard Areas Per the City of Federal Way Revised Code Chapter 19.05.070G(3), seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table (City of Federal Way 2015). The Pacific Northwest is seismically active and the site could be subject to ground shaking from a moderate to major earthquake. Consequently, earthquake shaking should be anticipated during the design life of the proposed residential structure and the proposed improvements should be designed to resist earthquake loading using appropriate design methodology. The site soil conditions are not likely subject to seismic hazards such as soil liquefaction or seismically -induced settlement based on the mapped geology, in our opinion. August 3, 2016 Limited Geotechnical Feasibility Evaluation Conclusions and Recommendations DRAFT In our opinion, a proposed residential structure located on Parcel #058755-0190, located on 36th Avenue SW, in Federal Way, Washington is feasible from a geotechnical standpoint. We offer the following general recommendations for future development of the parcel and construction of a single family residence. • Subsurface conditions at the site are generally conducive to site development. Conventional shallow isolated and continuous footings and slab -on -grade floors are expected to be appropriate based on our site observations and mapped geology. A residential structure will not likely reduce the stability of the slope if constructed at least 50 ft from the defined geologic hazard area in accordance with the City of Federal Way Revised Code Chapter 19.145.220. It is our opinion, that a reduced buffer of less than 50 ft can likely be successfully demonstrated. However, it should be noted that in order to reduce the buffer to less than 50 ft, the City requires that a geotechnical engineer licensed in the State of Washington determine that the development and adjacent properties will not be at risk of damage due to the geologic hazards identified and will not lead to or create and increased slide, seismic or erosion hazard. This will likely require subsurface exploration and engineering recommendations and analysis including, but not limited to: slope stability analysis, drainage analyses, seismic site class determination, determination of appropriate foundation type and allowable bearing pressures, etc. The erosion hazard can likely be mitigated through the use of best management practices (BMPs) for controlling stormwater generated by site development of a single family structure away from the slope, in our opinion. This may include diverting stormwaterto existing stormwater facilities owned and maintained by the City, if present. August 3, 2016 Limited Geotechnical Feasibility Evaluation Use of this Letter DRAFT Landau Associates has prepared this technical letter for the exclusive use of Mary Wendt and her consultants for specific application to the sale of #058755-0190, located on 36th Avenue SW, in Federal Way, Washington. Use of this report by others or for another project is at the user's sole risk. Within the limitations of scope, schedule, and budget, our services have been conducted in accordance with generally accepted practices of the geotechnical engineering profession; no other warranty, express or implied, is made as to the professional advice included in this letter. The conclusions and recommendations contained in this letter are based in part upon the subsurface data obtained from readily available geologic and geotechnical information, and other relevant data for the project area. Subsurface explorations such as borings or test pits were not completed for this study. There may be some variation in subsurface soil and groundwater conditions at the project site, and the nature and extent of the variations may not become evident until further geotechnical study is performed. We appreciate the opportunity to provide limited geotechnical services on this project. If you have any questions or comments regarding the information contained in this report, or if we may be of further service, please call. LANDAU ASSOCIATES, INC. Carlo Evangelisti, PE Senior Geotechnical Engineer CE/SZW/rgm Attachment: Figure 1 August 3, 2016 Limited Geotechnical Feasibility Evaluation References DRAFT =Booth, D.B., H.H. Waldron, and K.G. Troost. 2004. Geological Map of the Poverty Bay 7.5' Quadrangle, King and Pierce Counties, Washington. US Geological Survey. City of Federal Way. 2015. Federal Way Revised Code. Federal Way, Washington. USDA. 2016. Web Soil Survey. US Department of Agriculture. Washington Department of Ecology. 2016. Well Log Map Database. State of Washington. August 3, 2016 Dash Point State Park pay° N 5hore pKI LANDAU ASSOCIATES R71717M 0 0.5 1 Miles Data Source: Esri 2012 Limited Geotechnical Feasibility Evaluation Parcel Number 058755-0190 Federal Way, Washington Vicinity Map Way Spokane Washington Figure 1 LANDAU ASSOCIATES July 29, 2016 Ms. Mary Wendt 2821 2nd Avenue Seattle, Washington 98121 Re: Proposal for Limited Geotechnical Feasibility Evaluation Parcel No. 058755-0190 36th Avenue SW Federal Way, Washington Dear Mary: Landau Associates is pleased to present this proposed scope of services and cost estimate for a limited geotechnical feasibility evaluation for Parcel # 058755-0190, located on 36th Avenue SW, in Federal Way, Washington. The proposed scope of services presented in this letter is based on discussions with and information provided by you, observations made during our recent site visit, and telephone conversations with the City of Federal Way (City). Information provided includes preliminary review comments by the City. Presented below is a summary of our project understanding, and a description of our proposed scope of services. Project Understanding We understand that you wish to sell a parcel of land located south of 31122 36th Avenue SW, in Federal Way, Washington. The parcel is located within an erosion hazard area and a landslide hazard area that covers approximately 50 percent of the property. Prior to the sale of the parcel, we understand that you would like a letter that will be provided to potential buyers, that describes the results of a site reconnaissance, an assessment of the City's geologically hazardous area ordinance described in the City of Federal Way Revised Code, and an assessment of the feasibility of constructing a single family home with associated improvements on the parcel. Scope of Services Landau Associates propose the following to support a limited geotechnical feasibility evaluation of the parcel. We will compile and review readily available geologic and geotechnical information, and other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.), and the underlying geology in the project area. Possible data sources include information obtained from the Washington State Department of Ecology well log data base and published geologic and topographic maps. 130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907 • www.landauinc.com Limited Geotechnical Feasibility Evaluation Proposal Landau Associates In addition to reviewing readily available geotechnical and geologic data, we will complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project site (this was performed during our site visit with you on July 25, 2016). This reconnaissance also includes a visual assessment of the steep slope(s) and erosion hazards located on the property. After reviewing readily available geotechnical and geologic data and preforming the site reconnaissance, we will prepare a technical letter that includes the following: • a figure showing the location of Parcel #058755-0190 • a description of surface conditions, topographic information, and a discussion of the near - surface soil and groundwater conditions anticipated from available geotechnical and geologic data and observations made during our site reconnaissance • an assessment of the feasibility of constructing a single family home on the parcel with respect to the City's geologically hazardous area ordinance • verification of the geologically hazardous areas located on the parcel per the City of Federal Way Revised Code Chapter 19.145 • limited geotechnical recommendations for constructing a single family home in relation to the geologically hazardous areas located on the parcel including buffers • recommendations for buffer reductions, if applicable, and additional geotechnical evaluation that would be needed to reduce the buffers and satisfy the City's geologically hazardous area code requirements. Assumptions The following are Landau Associates' assumptions for the proposed scope of work. • Subsurface explorations or borings will not be required or performed. • Our technical letter will only include a qualitative feasibility assessment to construct a single family home on the parcel from a geotechnical engineering perspective. Quantitative or specific geotechnical evaluations and recommendations to support design and construction and/or permitting of a single family home will not be included. • Landau Associates' services are being provided in accordance with the City of Federal Way's Critical Area Direct Services Program, eliminating the need for a third party review of our limited geotechnical feasibility evaluation. Our scope and budget does not include preparing responses to comments if a third party review of our technical letter is performed. • The City of Federal Way will be copied on all written correspondence, including emails, between Landau Associates and you, Mary Wendt. July 29, 2016 Limited Geotechnical Feasibility Evaluation Proposal Cost Estimate Landau Associates We estimate the cost for our proposed scope of services to provide the limited geotechnical feasibility evaluation for Parcel # 058755-0190, located on 36th Avenue SW, in Federal Way, Washington will not exceed $2,500. We propose to provide the above -described services on a time -and -expenses basis according to the budget set forth above and the attached compensation schedule and general conditions. In the event the project requirements change, or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, we will bring these to your attention and seek your written approval for an addendum to the scope of services and costs prior to performing additional services. Schedule Our limited geotechnical feasibility evaluation will be submitted within one week of receiving a signed authorization approving our proposed scope and budget. Authorization Please provide us with written authorization by signing in the space provided below and returning one signed original of this proposal. Due to you not having a credit history with Landau Associates, we require a retainer in the amount of $1,250 payable to Landau Associates prior to beginning any work on this project. We will also require payment of any outstanding invoices prior to issuing the final stamped and sealed technical letter. We appreciate the opportunity to work with you on this project. Please contact me if you have any questions about our proposed scope of services and budget for this project. LANDAU ASSOCIATES, INC. Carlo Evangelisti, PE Senior Geotechnical Engineer CE/SZW/rgm 2017-3832 Attachments: 2016 Compensation Schedule General Conditions July 29, 2016 Limited Geotechnical Feasibility Evaluation Proposal AUTHORIZATION Landau Associates The scope of services and contractual conditions as described in this proposal and its attachments are accepted and Landau Associates, Inc. is authorized to proceed. By Signature' For Firm" Printed Date *Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing. Ms. Mary Wendt 2821 2n' Avenue Seattle, Washington 98121 July 29, 2016 COMPENSATION SCHEDULE - 2016 Personnel Labor Senior Principal Principal Senior Associate Associate Senior Senior Project Project GIS Analyst Senior Staff / CAD Designer Staff / Senior Technician II CAD / GIS Technician Project Coordinator Assistant / Senior Technician I Technician Support Staff r LANDAU ASSOCIATES Hourly Rate 250 225 Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. 205 185 165 150 137 137 121 107 107 98 94 78 67 Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high -risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1% percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates overtime (e.g., long-term continuing projects). T: Templates\Contracts\Compensation Schedule 2016A Landau Associates LANDAU GENERAL CONDITIONS [A ASSOCIATES SERVICES TO BE PROVIDED — Landau Associates agrees to provide Client, for Client's sole benefit and exclusive use, the consulting services identified in Landau Associates' proposal. This Agreement gives no rights or benefits to anyone other than Client and Landau Associates. CLIENT FURNISHED INFORMATION — Client shall provide to Landau Associates information regarding the property location, property limits, the location of any buried utilities or structures, and any requirements for entry or work permits, security clearances, licenses or any other required permissions. Landau Associates shall not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, pipelines, etc.) that are not identified by Client. If the property is not owned by Client, Client shall obtain right -of -entry for the purpose of our services. OWNERSHIP OF DOCUMENTS — Unless otherwise agreed, all logs, notes, calculations, reports and other documents prepared by Landau Associates are the property of Landau Associates. Client is responsible for appropriate use of the information and recommendations contained in Landau Associates' reports and other written correspondence. Any and all such information and recommendations are provided for and are relevant to specific projects, as identified; any reuse of such information for extensions of a project, or disregard for or deviation from Landau Associates' recommendations or for any other project shall be at Client's sole risk and without liability or legal exposure to Landau Associates. STANDARD OF CARE AND LIMITATION OF LIABILITY — Landau Associates' services will be performed with the degree of skill and diligence normally employed by engineering professionals performing similar services in the Northwest at the time services are performed. No other warranty or representation, either express or implied, is included or intended in our proposals, contracts, reports, and communications. To the fullest extent permitted by law, Client expressly agrees to limit any and all claims of Client, including but not limited to claims alleging negligence, breach of contract, or breach of warranty against Landau Associates and/or its employees, for all losses of any kind, including economic loss, to an amount not to exceed the total fee paid under this Agreement or $50,000, whichever is greater. If Client desires a higher limit, Landau Associates may agree to an increased limitation for additional consideration. In the event Client makes a claim against Landau Associates, at law or otherwise, for alleged negligence, error, omission, breach, or other act arising out of the performance of professional services, and Client fails to prove such claim, Client shall pay all costs incurred by Landau Associates in defending itself against the claim. CLIENT INDEMNIFICATION — Client acknowledges that Landau Associates is not responsible for the creation or presence of contamination or pollution, if any, at the property. Client agrees to indemnify, defend, and hold harmless Landau Associates and any of its officers and employees from and against any claim, suit, action, or liability due to or related to contamination conditions at the property except to the extent such claim, suit, action, or liability is caused by the negligence of Landau Associates. For the purposes of this clause, contamination conditions shall mean the actual or alleged existence, discharge, release, or escape of any irritant, pollutant, contaminant, or hazardous substance into or upon the atmosphere, land, groundwater, surface water, or sediment of or near the property. Landau Associates will promptly notify Client of contamination conditions, if identified. SITE SUPERVISION — Landau Associates has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor. Unless expressly provided in the scope of services, Landau Associates has no duty to inspect, supervise, note, correct, or report any health or safety deficiencies of Client, contractors, or other entities or persons at the project site not employed or subcontracted by Landau Associates. PAYMENT— Invoices for Landau Associates' services will be issued monthly, payable upon receipt. Interest of 1% percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred by Landau Associates in collecting any delinquent amount shall be paid by Client. SAMPLE RETENTION — Unless other arrangements are made, uncontaminated samples will be discarded in accordance with applicable regulations 30 days after testing is complete. Contaminated or hazardous materials samples not destroyed by testing remain the property of Client and will be returned to Client or project site for disposition as directed by Client. SUSPENSION OR TERMINATION — If Client requests suspension or termination of our services prior to completion, Landau Associates reserves the right to complete such analyses and records as are necessary to place the files in order, and, when necessary to protect our professional reputation, to complete a report on the services provided to date. Client shall compensate Landau Associates for personnel time and all reasonable expenses at current rates required to accomplish such closing. TIME BAR TO LEGAL ACTION —The parties agree that all legal actions by either party against the other concerning the services provided under this Agreement shall be barred two (2) years after the completion of services by Landau Associates. SEVERABILITY AND SURVIVAL — In the event that any provision of this Agreement shall be held invalid and unenforceable by a decision of a court of competent jurisdiction, the remaining provisions shall be valid and binding. All terms of this Agreement allocating or limiting liability shall survive the completion of the services hereunder and the termination of this Agreement. PRECEDENCE —These general conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, notice to proceed, or like document regarding Landau Associates' services. T: Te mplates\Contracts\Gen era l Conditions Landau Associates