Tulalip Tribes Stantec Consulting Services 7/1/2019

CITY TOLLING AGREEMENT In consideration of the mutual promises made herein, this Tolling Agreement ("Agreement") shall be effective as of the day of June,2019 by and between the Tulalip- Everett Water Pipeline Joint Board ("the Board") Stantec Consulting Services Inc. as successor to MWH Americas, Inc. ("Stantec"). The aforementioned entities are collective referred to herein as the"Parties," or individually as a"Party." RECITALS A. On or about June 8, 2007, the Board entered into a contract ("the Contract") with Stantec for consulting services related to the design of a pipeline for delivery of water from the City of Everett's water system to the Reservation of the Tulalip Tribes of Washington (the "Project.") B. On or about April of 2017, the Project was placed into service, including the numerous individual segments which were part of the Project. C. On or about April 24, 2019, possible defects in pipe joint mortar lining in Segment 7S were discovered. Further investigation confirmed that many Segment 7S pipe joints were experiencing mortar lining delamination. D. On April 29,2019, the Tulalip Tribes of Washington put the contractor Imco General Construction("Imco")on notice of the above described mortar delamination issue. E. Imco subsequently mobilized to the Project to examine and remediate a specified set of known areas of mortar delamination on Segment 7S. F. Investigation is now occurring whether the mortar delamination issue discovered on Segment 7S has occurred in any other segments of the Project. Because that investigation cannot be completed at this time because the pipeline is in service, and to provide the Parties with adequate time to conduct this investigation without missing any deadlines that might exist for commencement of any action or proceeding, the Parties believe that it is appropriate to toll any and all applicable or potentially applicable limitations periods until such time as the investigation of mortar issues in the Project is complete or until any Party hereto may terminate this Agreement as provided below. AGREEMENT 1. Incorporation of Recitals. The above Recitals are incorporated herein by reference. 2. Limitation Period. Commencing on April 25, 2019, all deadlines and limitation period(s), whether contractual, statutory or otherwise, for the completion of mediation and/or initiation of arbitration or legal proceedings, including without limitation TOLLING AGREEMENT — 1 - 20108 00006 1f182935f1