HomeMy WebLinkAbout2025-0429 - - PSE Soil Resistivity Testing - Les Gove - Black % Veatch Corporation Docusign Envelope ID:68638148-AF39-49B9-9E84-407D61940C2E
REVOCABLE LICENSE AND
HOLD HARMLESS AGREEMENT
SOIL RESISTIVITY TESTING
THIS LICENSE is issued on this _15th_ day of _September_, 2025 (the Effective
Date"),by The City of Auburn, a Washington municipal corporation("Licensor") and Black&
Veatch, a foreign for-profit corporation, having a Washington State UBI # 601-931-938
("Licensee").
I. RECITALS
1. Licensor is the owner of real property with a King County tax parcel number of
1921059181, commonly known as Les Gove Park, (the "City Property").
2. The Licensee is a corporation retained by Puget Sound Energy ("PSE") to conduct soil
resistivity testing on the City property. The results will be used to evaluate subsurface
conditions for the design of a grounding system for a nearby PSE substation.
II. LICENSE
1. License. Subject to the conditions, promises, and obligations contained in this License,
Licensor grants to Licensee, its officers, employees, agents, and contractors a non-
exclusive, revocable license for the purposes of conducting soil resistivity testing
consisting of hand driving 3/4" diameter probes into the soil to a depth of approximately 6"
("Licensee's Work") to measure electrical resistance between the probes. Licensee is
further granted the right of access to, from, and around the City's Property for the purposes
of conducting Licensee's Work.
2. Term. The Term of this License shall begin upon the Effective Date and terminate at the
end of business on September 18, 2025.
3. Accompaniment. Unless otherwise noted in writing, Licensee shall be accompanied by a
member of Licensor's Parks Maintenance Staff to approve the siting locations of the
probes. Should Licensor provide written notice that Licensee is free to conduct Licensee's
Work without the accompaniment Licensor's staff, Licensee warrants to only probe in
grassy field, or other vegetative areas (no hardscapes) and not probe within three (3) feet
of surface level irrigation equipment.
4. Permits.Licensee is obligated to investigate and obtain any and all permits prior to starting
Licensee's Work that may be required by any and all jurisdictions having authority over
Licensee's Work. Any and all costs and fees associated with obtaining said permits will be
borne by Licensee.
Docusign Envelope ID:68638148-AF39-49B9-9E84-407D61940C2E
5. Disturbances & Restoration. Licensee promises to keep the work and surrounding area
disturbances to a reasonable minimum. This promise shall extend to areas of access, or
other portions of the City Property effected by Licensee's Work or access. Licensee shall
further restore, at Licensee's cost, any portion(s) of the City Property disturbed to a similar
condition that existed prior to Licensee's use or Work.
6. Indemnification & Hold Harmless. The Licensee shall defend, indemnify and hold the
Licensor,its officers,officials,employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or in connection
with the performance of this Agreement, except for injuries and damages caused by the
sole negligence of the Licensor. However, should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Licensee and Licensor, its officers,
officials, employees, and volunteers, the Licensee's liability hereunder shall be only to the
extent of the Licensee's negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the Licensee's waiver of immunity under
Industrial Insurance, Title 51, RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this agreement.
7. Amendment. The parties to this License may amend, modify, or supplement this License
at any time, provided that such amendment, modification, or supplement is in writing and
duly executed by both parties.
8. Notices. All notices shall be in writing and deemed to have been given or made when
delivered, emailed or mailed to the other party.
LICENSOR LICENSEE
City of Auburn Black&Veatch Corporation
Thaniel Gouk Jason Kaiser
910 9th Street SE 19801 SW 72'Ave Suite 200
Auburn,WA 98002 Tualatin,OR 97062
253.804.5031 503.443.4454
TEouk(&auburnwa.eov Kaiserir(&bv.com
9. Applicable Law. This License, including all matters of construction, validity and
performance, shall be governed and construed and enforced in accordance with the laws of the
State of Washington,as applied to contracts executed and to be fully performed in Washington
by citizens of Washington and without reference to principles of conflicts of law.Venue of any
action arising out of this License shall be had first in the Superior Court of the State of
Washington for King County.
10. Severability. If for any reason, any provision of this License is held invalid, such invalidity
shall not affect any other provision of this License not held so invalid, and each such other
provision shall to the full extent be consistent with law continue in full force and effect. If any
Docusign Envelope ID:68638148-AF39-49B9-9E84-407D61940C2E
provision of this License shall be held invalid in part, such invalidity shall in no way affect the
rest of such provision not held so invalid,and the rest of such provision,together with all other
provisions of this License, shall to the full extent consistent with law continue in full force and
effect.
11. Parties in Interest. All terms and provisions of this License shall be binding upon and inure
to the benefit of and be enforceable in accordance with their terms by the respective successors
and permitted assigns of the parties hereto,whether herein so expressed or not,but neither this
License nor any of the rights, interests or obligations hereunder of any party hereto shall be
assigned without the prior written consent of the other party, which consent shall not be
unreasonably withheld.
12. Counterparts. This License may be executed simultaneously in any number of counterparts,
each of which shall be deemed an original,but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF the parties hereto have executed this License as of the day and year first
above written.
CITY OF AUBURN BLACK& VEATCH CORPORATION
PDo�by: Signed by:
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Nancy'Backus, Auburn Mayor Jason ,Authorized Signatory
Approved as to form:
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Signed by:
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Jason WWialen,Auburn City Attorney