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GeoEngineers - 7-1165 n CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT LIBRARY ARSENIC INVESTIGATION THIS AGREEMENT made and entered into this J/"' day of December, 2008,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and GeoEngineers, hereinafter called Contractor. RECITALS WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor shall initiate services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on December 31, 2009. The initial term of the contract shall be one (1) year with four (4) additional one-year options to extend. The maximum duration of the contract may not exceed five (5) years. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00) for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page I of 13 D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. H. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. I. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. K. Contractor's rates are set forth in Exhibit B attached hereto and incorporated herein by this reference. Contractor shall be entitled to an adjustment in such rates upon notification to the Client on or around the beginning of each year. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations,plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. Any modification to such work product or reuse for purposes outside the scope of this agreement by City or others without the prior written permission of Contractor shall be at users sole risk and without liability to Contractor. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 2 of 13 5. ASSIGNMENT/DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 3 of 13 7. INDENINIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor will endeavor to perform work under this agreement in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity to the extent caused by the negligent acts, errors or omissions of the Contractor in its performance of the work described in this contract. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense(Any one person) 5,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 4 of 13 than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed on a"claims-made"form. C. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. D. Workers' Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers'compensation coverage that satisfies Oregon law for all their subject workers. Out- of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. F. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. G. Insurance Carver Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. H. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 5 of 13 I. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. J. Primary Coverage Clarification The parties agree that Contractor's general and auto liability coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Kathy Mollusky,Acting Management Analyst City of Tigard Business Phone: 503-718-2594 13125 SW Hall Blvd. Business Fax: 503-684-8840 Tigard, Oregon 97223 Email Address: kathym@tigard-or.gov Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 9. METHOD &PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: City Contractor City of Tigard Company: GeoEngineers Attn: Dennis Koellermeier Attn: Chris Breemer 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 15055 SW Sequoia Pkwy, Ste 140 Portland,OR 97224 Phone: 503-718-2596 Phone: 503-624-9274 Fax: 503-684-8840 Fax: 503-620-5940 Email Address: dennis@tigard-or.gov Email Address: cbreemer@geoengineers.com City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 6 of 13 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor that does not represent clients on matters contrary to City interests. Further, Contractor shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate CITY representative regarding the conflict. After such consultation,the Contractor shall have 30 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period,the agreement may be terminated pursuant to Section 13 (B) (3)of this agreement. 12. TERMINATION WITHOUT CAUSE At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Contractor. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor,its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 7 of 13 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City,by written notice of default(including breach of contract)to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph(b), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination,excerpts and transcripts. 15. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 8 of 13 reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues,rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA(CHANGES)WORK Only the Public Works Director, Dennis Koellermeier, may authorize extra (and/or change) work. Failure of Contractor to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 21. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 22. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 9 of 13 23. CONFLICT BETWEEN TERMS It is fiu they expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract,this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 24. AUDIT Contractor shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 25. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 26. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, seller must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 10 of 13 27. HOURS OF LABOR If labor is performed under this order,then no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in ORS 279A.055, any labor shall be paid at least time and a half for all hours worked in excess of forty(40)hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 28. MEDICAL CARE AND WORKERS'COMPENSATION Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service. 29. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent,modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 1 I of 13 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. F GARD B 's Koellermeier,Public Works Director Dat GEOENGINEERS 09 B • ' ` ? / Date City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 12 of 13 EXHIBIT A SERVICES TO BE PROVIDED Additional services requested by the Oregon Department of Environmental Quality(DEQ). • Conduct a meeting with DEQ to address DEQ's requests for additional information and to discuss tasks necessary to complete the investigation and remediation of the site. • Prepare a work plan to collect additional soil samples to further evaluate potential risks to ecological receptors in sediment at the site. • Collect three 30-point soil/sediment composite samples(90 samples total) at depths between 0 and 0.5 feet below ground surface(bgs) in the pond/wetland area at the southeast portion of the library property. • Submit three composite soil/sediment samples for laboratory analysis of arsenic by U.S. Environmental Protection Agency(EPA) Method 6010. The laboratory will prepare the samples using Gy sub-sampling procedures, as requested by DEQ. • Prepare a memorandum summarizing the soil/sediment sampling activities and results. The memorandum will include a statistical evaluation of the soil/sediment data and a comparison of the soil/sediment analytical data to Probably Effects Concentration (PEC) for arsenic in sediment. • Prepare a focused feasibility study(FFS). The purpose of the FFS is to select effective and reasonable remedies for managing the risks posed by arsenic in soil and sediment at the site. We anticipate that this task will include two meetings with representatives of DEQ and the City of Tigard. City of Tigard Personal Service Agreement Library Arsenic Investigation-GeoEngineers Page 13 of 13 CX SCHEDULE OF CHARGES - 2008 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement.Current rates are: Professional Staff Scientist 1 $ 90/hour Engineer 1 $ 95/hour Scientist 2 $ 105/hour Engineer 2 $ 110/hour Scientist 3 $ 120/hour Engineer 3 $ 125/hour Project Scientist 1 $ 135/hour Project Engineer 1 $ 140/hour Project Scientist 2 $ 145/hour Project Engineer 2 $ 150/hour Senior Engineer/Scientist 1 $ 155/hour Senior Engineer/Scientist 2 $ 165/hour Associate $ 170/hour Principal $ 185/hour Senior Principal $ 205/hour Technical Support Staff Administrator 1 $ 60/hour Administrator 2 $ 70/hour Technician $ 70/hour CAD Technician $ 75/hour Administrator 3 $ 80/hour Senior Technician $ 80/hour CAD Designer $ 85/hour CAD Design Coordinator $ 85/hour Lead Technician $ 90/hour Applied and Information Technology Staff Staff Analyst/Developer 1 $ 99/hour Staff Analyst/Developer 2 $ 115/hour Staff Analyst/Developer 3 $ 131/hour Project Analyst/Developer 1 $ 147/hour Project Analyst/Developer 2 $ 158/hour Senior Analyst/Developer 1 $ 166/hour Senior Analyst/Developer 2 $ 177/hour Associate Analyst/Developer $ 182/hour Principal Analyst/Developer $ 198/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above.Staff time spent in depositions,trial preparation and court or hearing testimony will be billed at one and one-half times the above rates.Time spent after normal working hours,on weekends,or on holidays,at the specific request of Client,will be charged at the above rates plus 25 percent.Time spent in either local or inter-city travel,when travel is in the interest of this contract,will be charged in accordance with the foregoing schedule.Rates for data storage and web-based access will be provided on a project-specific basis. MISchedules of ChargesUO081Schedule_Porrland-1008.doc Page I Oft GWENGINEERS • �.X 1--1 s i3.�T 13 �c.u N r. SCHEDULE OF CHARGES-2008(CONTINUED) Equipment Air Quality Equipment,per day $ 150.00 Air Sparging Field Test,per day $ 500.00 Asbestos Sample Kit,per day $ 25.00 Blastmate,per day $ 100.00 22-foot Sampling and Dive Boat(plus fuel),per day $ 750.00 Camcorder,per day $ 50.00 Concrete/Masonry Field Gear,per day $ 15.00 Crack Gauges,per gauge $ 25.00 D&M Sampler,per day(1 day min.) $ 80.00 Data Logger-8-channel,per day $ 300.00 Electrical Tape,per day $ 25.00 Environmental Exploration Equipment,per day $ 150.00 Flow Meter,per day $ 40.00 Gas Detection and Oxygen Meters,per day(1 day min.) $ 100.00 Generator,per day(1 day min.) $ 100.00 Geotechnical Exploration Equipment,per day' $ 125.00 GPS Unit-Professional Grade,per day $ 100.00 Groundwater Development and Sampling Pump,per day(1 day min.) $ 100.00 Groundwater Monitoring Equipment,per day $ 220.00 Hydrolab Multi Probe,per day $ 100.00 Interface Probe,per day $ 50.00 Nuclear Density Gauge,per hour(4-hour daily min.) $ 10.00 Operations and Maintenance Equipment,per day $ 250.00 Peristaltic Pump,per day $ 50.00 pH Meter(per day) $ 15.00 PID,FID or OVA,per day $ 100.00 Sampling Van/Trailer,per day $ 60.00 Saximeter,per day $ 25.00 Scuba Diving,per day/per diver $ 250.00 Single Channel Data Logger w/Transducer,per day $ 100.00 Slope Indicator,per day(1 day min.) $ 200.00 Soil Samples(in Rings),per sample $ 5.00 Soil Samples(in Sleeves),per sample $ 8.00 Spectro Photo Meter,per day $ 45.00 Stereoscope,per day $ 20.00 Strain Gauge Readout,per day $ 40.00 Tedlar Bags&Air Sampling Equipment,per sample $ 15.00 Turbidity Testing Equipment,per day $ 30.00 Underwater Camera-Still,per day $ 50.00 Underwater Camera-Video,per day $ 150.00 Vapor Extraction Field Test,per day $ 500.00 Vehicle usage,per mile,or$50/day,whichever is greater $ 0.65 Vehicle-4-wheel drive truck,per day $ 80.00 Water Quality Equipment,per day $ 125.00 Specialized and miscellaneous field equipment,at current rates,list available upon request. OTHER SERVICES,SUPPLIES AND SPECIAL TAXES Charges for services,equipment,supplies and facilities not furnished in accordance with the above schedule,and any unusual items of expense not customarily incurred in our normal operations,are charged at cost plus 15 percent.This includes shipping charges,subsistence,transportation,printing and reproduction,miscellaneous supplies and rentals,surveying services,drilling equipment,construction equipment,watercraft,aircraft,and special insurance which may be required.Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Routinely used field supplies stocked in-house by GeoEngineers,at current rates,list available upon request. In-house testing for geotechnical soil characteristics at current rates,list available upon request. Computer hardware and software,telephone and fax communications,printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges.These charges are labeled as Associated Project Costs(APC).. Per diem may be charged in lieu of subsistence and lodging. All rates are subject to change upon notification. N:ISchcdules_of Charges120081Schedule_Porlland-2008.doc Page 2 oft GEOENGINEERs� 1. CITY OF TIGARD,OREGON ENVIRONMENTAL ASSESSMENT&REMEDIATION DEVELOPMENT SERVICES AGREEMENT FILE No.0615-ST06)X_/2 dtma THIS AGREEMENT, made and entered into this 22nd day of December, 2006, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and GeoEngineers, 15055 SW Sequoia Parkway Suite 140, Tigard, OR 97223, hereinafter called Engineer, whose authorized representative is Tohn H. Biggane, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." WITNESSETH WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City;and WHEREAS, the City desires to engage the Engineer to render professional on-call engineering services and the Engineer is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which will be amended as additional services are requested. 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall have an initial two-year term with option to renew for two additional one-year terms, renewable one term at a time upon mutual agreement. 3. Engineer's Fee A. Fee Compensation will be for a time-and-materials basis for a not-to-exceed fee including direct expenses. The hourly rates are as described in Exhibit 2, Compensation. B. Payment Schedule Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Engineer periodically, but not more frequently than mondzly. Payment by the City shall release the City from any further obligation for payment to the Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615 /ST06,-13 1D Ok Page 1 of 15 engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Certified Cost Records The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. D. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or social security number, as the City deems applicable. E. Payment—General 1) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Engineer shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 3) Engineer shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Agreement Documents This Agreement consists of the following documents, hereby incorporated by reference, which are listed in descending order of precedence: this Agreement less all exhibits, attached Exhibits 1 and 2,and the associated Request for Proposal. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 2 of 15 5. Ownership of Plans and.Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all maps,records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor not anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's Engineer, or designee, shall be responsible for determining whether Engineer's work product is satisfactory and consistent with this agreement,but Engineer is not subject to the direction and control of the City. Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Engineer to provide services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 3 of 15 C. The undersigned Engineer hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Engineer, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Engineer and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement. G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indernnity A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub-consultants, agents or employees under this contract. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any design work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. Agreements-GeoEn&eers Environment Assessment&Remediation Development—File No 0615/STO6-13 Page 4 of 15 D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Engineer, regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the terra of this contract. Such insurance shall cover all risks anising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carded: Coverage Limit General Aggregate $2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed on a"claims-made" form. Agreements-GeoEngineers Environment assessment&Remediation Development—File No 0615/ST06-13 Page 5 of 15 C. Commercial Automobile Insurance Engineer shall also obtain, atm expense, and keep in effect during the term of the JW—F contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned,lured, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. D. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Engineers who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance Policy and other policies the City deems necessary shall include the City its officers, directors, and employees as additional insureds with respect to this contract. Coverage will be endorsed to provide a per project aggregate. F. Extended Reporting Co_ vera ee If any of the aforementioned liability insurance is arranged on a "claims made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Engineer's insurer will provide such if less than 24 months. Engineer will be responsible for furnishing certification of Extended Reporting coverage as described or continuous "claims made" liability coverage for 24 months following contract completion. Continuous "claims made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Coverage will be endorsed to provide a per project aggregate. G. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. H. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 6 of 15 I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. J. Primary Coverage Clarification The parties agree that Engineer's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution, and errors and omissions policies required by this contract. Engineers insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Vannie T. Nguyen,P.E. City of Tigard Business Phone: 503-718-2460 13125 SW Hall Blvd. Business Fax: 503-624-0752 Tigard, Oregon 97223 Email Address: vannieC ti� ard-oi_gov Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph, it shall pay Engineer for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City, under any of the following conditions: Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 - Page 7 of 15 1) If Citp funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Engineer fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten days or such other period as City may authorize. 3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Engineer shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear to the total services otherwise requited to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Engineer. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 8 of 15 12. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices, bills and payments shall be madein writing and may be given by personal delivery, mail, or by fax. Payments may be made by personal delivery, snail, or electronic transfer. Tlie following addresses shall be used to transmit notices, bills,payments,and other information: CITY OF TIGARD Vannie T. Nguyen,P.E. Business Phone: 503-718-2465 13125 SW Hall Blvd. Business Fax: 503-624-0752 Tigard, Oregon 97223 Email Address:Vannie(.�i)ti�ard-or.gm ENGINEER GeoEngineers Business Phone: 503-624-9274 15055 SW Sequoia Pkwy S-140 Business Fax: 503-620-5940 Portland, OR 97224 Email Address: (email) and when so addressed, shall be deemed given upon deposit in the United States snail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of die Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an engineer and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the services of an engineer and/or other professional who individually, or through members of his/her same fit-m, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have ten days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B -3) of this agreement. 15. Force Majeure Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615 /STO6-13 Page 9 of 15 that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes) Work Only the City Engineer or his designee may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of allright to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 23. Audit Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615 /ST06-13 Page 10 of 15 authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. Industrial Accident Fund Payrnent Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Engineer,by the signature of its authorized representative,hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Engineer has executed this Agreement on the date hereinabove first written. CITY OF TIGARD APPROVED BY LOCAL CONTRACT REVIEW BOARD ON: December 12, 2006 Date By: , . � V V L. 1110-107 . Craig Prosser,City M46gt r Date CONSULTANT GEOENGINEERS W �/?,-L-, 6/I P YZ-- Print Name&Tale of En eer's Authorized Represen five a 12 Sign/tare of Firm's Repr e tative Idate Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615 /ST06-13 Page 11 of 15 EXHIBIT I SERVICES Ze Engineer may be called upon to provide services for traffic and transportation engineering. TIA fo owing tasks are offered to illustrate general character of anticipated services. The scope and tal amo t of activity that will be performed is undetermined and shall be established through subs quent develo ent of project specific Scope of Work. • Tr fic Impact Studies —Analysis of traffic impacts generated by local development nd land use chan proposals that effect City facilities. • Traffic al Design—Includes the design of interconnect signal system, traf c progression, signal timin and audible pedestrian signal. • Pedestrian an icycle Studies and Design—Analysis and design of a proaches to accommodate bic les and pedestrian travel. • Traffic Signal Warra t Analysis—Analysis of traffic growth, traf c data,projection of traffic volumes and investigati of the need for a traffic signal device. • Roundabout Design—An sis of traffic flow, accident his ry, cost,intersection operation prior to design of unsignalized circ r intersections to ensure sa ty and efficiency through the intersection. • Street Signs, Lighting, and Stripin Design—De gn of street signage, street lighting, pavement striping, markings and mark s to traffi engineering support to roadway engineers. • Site Access Evaluations —Analysis of sig t tance related to development and local jurisdiction codes to prepare access management plans street improvement projects. • Traffic Safety Evaluations—Analysis identi and address traffic safety issues within the City, identify both low cost and long term ' provements, ' cluding a cost vs. benefit analysis, to mitigate the issues. • State Permitting Application —Identify and administe Ze necessary Sate permitting applications as required per ject. • Transportation System Evaluate existing transportation syst and recommend improvements. Modify pdate Tigard's existing Transportation Sy em Plan, as needed. • Geometric Desig —Develop conceptual and final engineering desi to support transportation planning and traf c mitigation measures including street layout, signage, ping, crosswalks and bike lanes. • Design Se ices —Preparation of detailed engineer's estimates, special provisi S. conceptual and final pla . Completion of revisions to the documents per input from the City. • Con ruction Services —Assistance in obtaining construction bids and clarification contract ite s. Performance of construction inspections to monitor the Contractor's progress an erformance in conformance with traffic plans and specifications. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 12 of 15 Basic Services U(�� Prepare Phase I and Phase II Environmental Site Assessments,which include the following: o Ecological Risk Assessments o Soil sampling and characterization and Analysis (reporting activities shall be in accordance with DEQ's UST and Voluntary Cleanup programs) o Feasibility studies o Cost analysis of various remedial alternatives o Remediation action plan and site cleanup facilitation o Quality assurance project plan o Effective communication with regulatory agencies and the City o Reports to regulatory agencies on project status and measures of success EXHIBIT 2 Compensation SCHEDULE OF CHARGES COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows: Professional Staff Engineer/Scientist 1 $ 75/hour Engineer/Scientist 2 $ 92/hour Engineer/Scientist 3 $ 104/hour Project Engineer/Scientist 1 $ 119/hour Project Engineer/Scientist 2 $ 129/hour Senior Engineer/Scientist 1 $ 138/hour Senior Engineer/Scientist 2 $ 145/hour Associate $ 152/hour Principal $ 167/hour Senior Principal $ 180/hour Technical Staff Office Assistant $ 53/hour Project Assistant 1 $ 64/hour CAD Technician $ 65/hour Technician $ 65/hour Project Assistant 2 $ 74/hour Senior CAD Technician $ 77/hour Senior Technician $ 77/hour Lead Technician $ 88/hour GIS and Information Technology Data Entry Technician 1 $ 85/hour Data Entry Technician 2 $ 102/hour Database Analyst $ 113/hour GIS Analyst 1 $ 113/hour GIS Analyst 2 $ 135/hour Database Administrator $ 135/hour Applications Developer $ 135/hour Technical Project Manager $ 135/hour Senior Systems Administrator $ 151/hour Senior GIS Analyst $ 151/hour Senior GIS System Planner $ 171/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in depositions,trial preparation and court or hearing testimony will be billed at one and one- half times the above rates. Time spent after normal working hours, on weekends,or on holidays, at the specific request of Client,will be charged at the above rates plus 25 percent. Time spent in either local or inter-city travel,when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. In-House Disposable Field Supplies Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. Geotechnical Laboratory Tests In-house testing for geotechnical soil characteristics at current rates, list available upon request. Associated Project Costs (APC) Computer hardware and software,telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615/ST06-13 Page 13 of 15 Per Diem Per diem (may be charged in lieu of subsistence and lodging) $ 95.00 All rates are subject to change upon notification. Equipment Air Quality Equipment, per day $ 150.00 Air Sparging Field Test, per day $ 500.00 Asbestos Sample Kit, per day $ 25.00 Blastmate, per day $ 80.00 22-foot Sampling and Dive Boat(plus fuel), per day $ 750.00 Camcorder, per day $ 20.00 Concrete/Masonry Field Gear, per day $ 15.00 Construction Monitoring Equipment, per day $ 25.00 Crack Gauges, per gauge $ 20.00 D&M Sampler, per day(1 day min.) $ 64.00 Data Logger-8-channel, per day $ 300.00 Electrical Tape, per day $ 20.00 Environmental Exploration Equipment, per day $ 150.00 Field Water Quality Meters, per day(1 day min.) $ 80.00 Flow Meter, per day $ 20.00 Gas Detection and Oxygen Meters, per day(1 day min.) $ 80.00 Generator, per day(1 day min.) $ 60.00 Geotechnical Exploration Equipment, per day $ 100.00 GPS Unit-Professional Grade, per day $ 100.00 Groundwater Development and Sampling Pump, per day(1 day min.) $ 100.00 Groundwater Monitoring Equipment, per day $ 200.00 Hydrolab Multi Probe, per day $ 100.00 Interface Probe, per day $ 35.00 Nuclear Density Gauge, per hour(4-hour daily min.) $ 10.00 Operations and Maintenance Equipment, per day $ 200.00 Peristaltic Pump, per day $ 35.00 PID, FID or OVA, per day $ 80.00 Sampling Van/Trailer, per day $ 50.00 Saximeter, per day $ 15.00 Scuba Diving,per day/per diver $ 250.00 Single Channel Data Logger w/Transducer, per day $ 100.00 Slope Indicator, per day(1 day min.) $ 200.00 Soil Samples(in Rings), per sample $ 3.00 Soil Samples(in Sleeves), per sample $ 6.00 Spectro Photo Meter, per day $ 45.00 Stereoscope, per day $ 20.00 Strain Gauge Readout, per day $ 40.00 Tedlar Bags and Air Sampling Equipment, per sample $ 11.00 Turbidity Testing Equipment,per day $ 30.00 Underwater Camera-Still, per day $ 50.00 Underwater Camera-Video, per day $ 125.00 Vapor Extraction Field Test, per day $ 500.00 Vehicle usage, per mile, or$30/day, whichever is greater $ 0.60 Vehicle-4-wheel drive truck, per day $ 80.00 Water Quality Equipment, per day $ 100.00 Miscellaneous Field Equipment, at current rates, list available upon request, per day $ 20.00 Specialized equipment will be quoted on a per job basis. Agreements-GeoEngineers Environment Assessment&Remediation Development-File No 0615/ST06-13 Page 14 of 15 OTHER SERVICES,SUPPLIES ABS®SPECIAL TAXES Charges for services, equipment,supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence,transportation, printing and reproduction, miscellaneous supplies and rentals,surveying services,drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Agreements-GeoEngineers Environment Assessment&Remediation Development—File No 0615 /ST06-13 Page 15 of 15 Jaime Dumdi - Re. Tigard Library Ecolog Risk Assessment Page 1 From: Dennis Koellermeier To: Chris W. Breemer Date: 7/5/2007 4:01:22 PM Subject: Re: Tigard Library Ecological Risk Assessment Change order to the original PO,with the new scope attached. Dennis Koellermeier Public Works Director City of Tigard Main#:503.639.4171 ex.2596 Direct#: 503.718.2596 Fax#: 503.684.8840 Dennis@tigard-or.gov >>> "Chris W. Breemer" <cbreemer@geoengineers.com>07/05 3:58.PM >>> Dennis, Last week, we discussed a change order related to the additional of sediment/water risks in our ecological risk assessment. How shall I request that change order? Do you prefer a change order or a new proposal? Regards, Chris Chris Breemer Senior Project Manager GeoEngineers, Inc. 15055 SW Sequoia Parkway Suite 140 Portland, OR 97224 Office: 503-62479274 Mobile: 503-351-6544 Disclaimer: Any electronic form, facsimile or hard copy of the original document(email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Jaime Dumdi- Fwd: City of Tigard Library Page 1 From: Dennis Koellermeier To: Jaime Marshall; Joseph Barrett Date: 6/29/2007 11:56:11 AM Subject: Fwd: City of Tigard Library We can expect this contract to require an amendment due to changing scope. I have authorized the contractor to develop a change order for our approval. Dennis Koellermeier Public Works Director City of Tigard Main#:503.639.4171 ex.2596 Direct#: 503.718.2596 Fax#: 503.684.8840 Dennis@tigard-or.gov >>>"Chris W. Breemer"<cbreemer@geoengineers.com> 06/27 3:36 PM >>> Hello Dennis,Vannie, and Zen, The purpose of this e-mail is to update you on GeoEngineers'activities at the Tigard Library site. GeoEngineers is conducting two separate,yet related, activities at the site: 1)we are assisting the City with ongoing construction monitoring and DEQ coordination for the Hall/Wall project; and 2)we are working to obtain regulatory closure for arsenic contamination at the site as a whole. We have made six visits to the site during the last week to document the ongoing construction, to address Oregon Department of Environmental Quality(DEQ)concerns, to assist the construction contractor with worker health and safety, and to meet with City personnel to discuss contaminant-related construction issues. The project was recently expanded by the stripping and planned re-planting of areas southeast of the site. We have updated DEQ about those activities. Due to the ongoing construction and the lack of certainty with regard to the City's plans for wetland restoration and soil excavation, we have delayed submission of the human and ecological risk assessment to DEQ. In short, we cannot complete the risk assessment until we are certain what part of the site the City will disturb during construction and we know what the final constructed project will look like. Also, due the ongoing work in Springbrook Stream and the wetland restoration activities, DEQ is requiring that the ecological risk assessment include an evaluation of risks from contaminated sediment/water. The mostly completed risk assessment did not include an evaluation of risks associated with sediment/surface water, in accordance with our proposal. f Jaime Dumdi - Fwd: Cit of Ti and Library; Page.2 Y 9 Based on the level of effort we have expended to date for construction observation and coordination, we anticipate that the estimated budget will not be sufficient to cover our fees. The budget was based on the .assumption that we would conduct 5 visits at 2 hours per visit. Similarly, we anticipate the budget for the ecological risk assessment will not be sufficient because we are being required to address aquatic/sediment risks,which was not included in the original scope. We would like to request authorization from the City of Tigard to increase the budgets for the tasks described above. With your authorization,we will prepare a change order. Please do not hesitate to contact us with any questions or comments. Regards, Chris Chris Breemer Senior Project Manager GeoEngineers, Inc. 15055 SW Sequoia Parkway Suite 140 Portland, OR 97224 Office: 503-624-9274 Mobile: 503-351-6544 Disclaimer: Any electronic form, facsimile or hard copy of the original Jaime Dumdi - Fwd: City of Tigard Library Page 3 document(email,text,table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. City of Tigard 13125 SW Hall Blvd. CONTRACT CHANGE ORDER/ Tigard,Oregon 97223 AMENDMENT SUMMARY FORM Phone-(503)639-4171 Fax-(503) 684-7297 www.tigard-or.gov Project Title: Library Arsenic Investigation Project Manager: Dennis Koellermeier Contractor: Geo-Engineers Original Contract#: 7-1165 Effective Dates: Chane Order/Amendment Amount: $3500 Accounting Stria :300-6100-750145 1 Amendment Percentage Running Total: N/A CHANGE ORDER/AMENDMENT DETAILS City's Engineer of Record is providing services related to an environmental assessment at the Tigard Library. This change order is necessary because the Oregon Department of Environmental Quality (DEQ) has required that the ongoing ecological risk assessment be expanded to address potential risks posed by contaminants in site sediment. REASONING FOR CHANGE ORDER/AMENDMENT See above REQUESTING PROJECT MANAGER APPO)FJNG DEPARTMENT DIRECTOR r Signature Signature f .v A _7 Date Date This form is to be completed for all change orders or CITY MANAGER IF REQUIRED amendments processed against City of Tigard agreements. Form is to be completed by the Project Manager and all proper signatures are to be obtained prior to execution of formal change Signature order or amendment. A copy of this form,once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Date w w CITY OF TIGARD, OREGON LIBRARY ARSENIC INVESTIGATION PERSONAL SERVICES CONTRACT AWWContract-No. P12031 (Old No. 9-1094) CHANGE ORDER 1 The Personal Services Contract between the.City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and GeoEngineers, hereinafter called Contractor, entered into on the 11th day of December, 2008,is hereby amended as follows: 1. SERVICES TO BE PROVIDED In addition to the services listed in the original contract, the Contractor will prepare a Comprehensive Management Plan as outlined in Exhibit C, "Proposal for Comprehensive Management Plan,"dated May 28, 2010. Note: Section 3., COMPENSATION, is not changed. There is $8010.53 remaining on the contract. These funds are sufficient to cover the cost of the additional services in the amount of$6,020.00. Total cost of the contract remains the same and will not exceed $20,000.00. IN WITNESS WHEREOF, City has caused this Change Order to be executed by its duly authorized undersigned officer and Contractor ,has executed this Change Order upon signature and,date listed below. CI O TIGARD GEOENGINEERS Signatare Signature Printed Name Name Printed Name �elly ly 4,;:' /19 Date Date Exhibit C GEOENGINEER� 15055 SW Sequoia Parkway,Suite 140 Portland,Oregon 97224 503.624.9274 May 28,2010 City of Tigard 13125 SW Hall Blvd. Tigard,Oregon 97223 Attention:Mr.Dennis Koellermeier Subject: Proposal for Comprehensive Management Plan Tigard library 13500 SW.Hall Boulevard Tigard,Oregon File No.4025-003-05 This letter presents our proposed scope of services, schedule, and estimated fee for preparing a comprehensive management plan for arsenic-contaminated soil and sediment at the Tigard Library, located at 13500 SNV Hall Boulevard,Tigard,Oregon(hereafter referred to as "site"). The comprehensive- management plan is a tool intended for use by the City of Tigard staff that work at and maintain the site. The document will present a monitoring and maintenance plan for contaminated areas,guidelines for the management of contaminated soil and.sediment, and recommended protection of worker and visitor health. The comprehensive management plan was requested by the Oregon Department of Environmental Quality(DEQ) in an e-mail dated July 7, 2009 as a condition of regulatory closure'of the site. PROPOSED SCOPE OF SERVICES GeoEngineers will prepare the comprehensive management plan. The plan will: 1)describe the baseline conditions at the site; 2) Identify the maintenance and monitoring that will be conducted by the City of Tigard related to arsenic-contaminated soil and sediment;3)include a contaminated media management plan; and 4)specify the schedule and type of reports that the City of.Tigard should submit to DEQ in the future: GeoEngineers will complete the following tasks to prepare the comprehensive management plan: o Conduct as many as three telephone meetings with the DEQ to .discuss the scope of the comprehensive management plan,obtain DEQ feedback,and respond to DEQ inquiries. © Meet with representatives of the City of Tigard to discuss preparation and implementation of the comprehensive management plan. We assume that as many as two meeting will be necessary. City of Tigard May 28,2010 Page 2 a Prepare the comprehensive management plan. We anticipate that the comprehensive management plan will be organized as follows: a Overview d Site Description Baseline Contaminant Conditions 13 Soil ■ Sediment • Health and Safety • Public • Worker • Institutional Controls • Maintenance • Monitoring 13 Reporting Contaminated Media Management Plan e Submit a draft version of the comprehensive management plan for review by the City of Tigard.. After responding to comments from the City of Tigard, submit the comprehensive management ' plan to DEQ for review. to Submit a final version of the comprehensive management plan to the City of Tigard and DEQ in hard copy and electronic formats. Submit figures in a format,compatible with ArcGIS and AutoCAD systems. Optional Worker Training The comprehensive management plan is intended to be a tool that City of Tigard employees can use to assist them to properly manage contaminated portions'of the site. GeoEngineers can train selected City. of Tigard employees to comply with the comprehensive management plan, if requested. The training session would be approximately two hours in duration. The purpose of the session would be to highlight the key information in the comprehensive management plan,present practical solutions for managing the library grounds(for example,how to manage spoils excavated during a pipe repair project),and train staff in appropriate health and safety precautions. PROJECT SCHEDULE GeoEngineers will prepare and submit a draft comprehensive management plan to the City of Tigard approximately four weeks after the City of Tigard authorizes us to proceed. We anticipate that we will submit a final version of the comprehensive management plan to the City of Tigard and DEQ within two weeks of receiving comments from the City of Tigard. GEOENGINEER� we Ila.4025003.05 City of Tigard May 28,2010 Page 3 PROJECT BUDGET We propose that the professional.services listed above be provided in accordance with the Services Agreement, File No.0615ST06-13 (Agreement) between GeoEngineers and the City of Tigard. The fees for the.services described above will be determined on a time-and-materials not-to-exceed basis using the I rates,indicated on the Exhibit 2 of the Agreement. i The estimated fees for the,services outlined above are summarized below: I Task Estimated Total Fee Comprehensive Management Plan $4,780 .City of Tigard StaffTraining $1,240 � Total $6,020 Ij i We will keep you informed of project status and advise you'if it appears'appropriate to modify the scope . and budget. I AUTHORIZATION This proposal.can be authorized by issuing a work order agreementunder the terms and conditions of thea . services agreement between the City of Tigard and GeoEngineers dated December, 22, 2006 andjhe attached Schedule of Charges. We appreciate the opportunity to present this proposal to provide services to you on this project. Please contact.us if you have any questions concerning this,proposal. Sincerely, GeoEngineers,Inc. Chris W.Breemer Managing Associate Cwi1JH0:imt P:\4\4025003\05\Flnals\402500305P.doac € Proprietaryflotice:The contents of this document are proprietary to GeoEnglheors,Inc.and am Intended solely for use by out clients and their design teams to evoluateGooEngincers'capablildes'and understanding of pm[ect requirements as they relate to performing the services proposed for a specloo Project.Copies of this docu'mentor its contents may not be disclosed to any other parties without thewriiten consent of Goollnglneem i Disclaimer.Anyetectronic form,facsimgaor hard copyof the original document(email;taxi,table,and/or figure),If provided,and any attachments are onlya copy of the original document:The adginal document is stored by GeoEnglnoers,Inc.and viii serve as the bffldal document of record. Copyright®2010 by GecEnginoers,Inc.All dghts reserved, 1 GEOENGINEER� p Fria No.4025003-05 r f �X Nsl3s f a SCHEDULE OF CHARGES—2008 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the rollowing schedule unless a lump sum amount Is so Indicated in the proposal or services agreement Current rates are: Professional Staff Sclentist1 $ 90/hour Engineer 1 $ 95/hour Scientist 2 105/hour Hrtglneer2 $ 110/hour Scienust3 $ 120/hour Engineer 3, $ 125/hour Project Sdenttsti $ ].35/hour ProJect Engineer 1 $ 140/hour Project Sclonttsk2 $ 145/hour Prglect.Engrneer 2 5 150/hour Senior Erlglneer/SclenusL1 $ 155/hour Senior Englneer/Sclenust 2 $ 165/hour Associate $ 1701Hour Principal $ 185/hour SenlorPrincipal S 205/hour Technical Support Staff Administrators $ 60/hour Administrator 2 $ 70/hour Techniotan $ 70/hour CAOTeOhnloian $ 75/hour Administrator 3 $ 00/hour Senior Technician $ 80/hour CAD Designer $ 85/hour CAD Design Coordinator $ -85/hour LeadTachnician $ 90/hour Applibd and InformatioriTeohnologyStaff Staff Analyst/Devoloperi S 09/hour Staff Analyal/Developer•2 $ IZ/hour Staff Analpst/Devoloper3 S 181/hour Project Analyet/Developer 1 $ 147/hour Project AneWst/Developer2 $ 158/hour Senior Analyst/Daveloper i 5 166/hoUr Senior Anslyst/Developer 2 $ 177/hour Associate Anelyst/Devetopar $ 182/hour Principal-Analyst/Developer $ 198/hour Contracted professional and technlcal•services wilt be charged at lhe.appllcable hourly rates listed above.Staff tlmespent In depositions,trial preparation and court or hearing testimony.Will be billed at one and one-half times the above•rates.Time spent afternarmal'worldng hours.orl Weekends,or-on holidays,at the specific request of Clledt;will be charged at the above tales plus 25 percent Time spent-Welther local or inter-dlty travel,when travel Is In the Interest of•this contract,will be charged in accordance with the foregoing schedule.Rates for data storage and web-based access will be provided on projectspecific bases. N.ircherMlufJ_C7ugl,UD09udmdnla�PaW/avFi90.4dee Page i of GEGENGINEEnS� r,-X H="t3-T T' SCHEDULE OF CHARGES-2008(CONTINUED) Equipment Air Quality Equipment,per day $ 150.06 Air Sparging Field Test,per day $ S00.00 Asbestos Sample Mt,per day $ 25.013 Blastmate,per day $ 100.00 22•foot'Sampling and Dive Boat(plus fuel),per day $ 750.00 Camcorder,per day $ 50.00 Conctete/Masonry.Field Gebr,per day 5 16.00 Crack Gauges,per gauge $ 25.00 D&MSampler,per dey!(1daymin.) $ 80.00 Data Logger-Uhahnel,pet day S 300.017 Eleddcal Up%per.day $ 25.00 Environmental Expioratian-Equipment,per day $ 150.00 Flow Meter,per day $ 40,00 .Gas Dateetionand Oxygen.Meters,per day(1 day min.) $ 10D.00 Generator,per day(1 day min,) $ 10MOD Gootochnical Exploration Equipment,per day' 9t VS.00 GPS.Unit.-Professionai Grade,per day $ 100:00 Groundwater Development and Sampling Pump,per day(1 day min.) 5' 100.00 Groundwater Monitoring Equipment,per day S 220.00 Hydrolab MUIO Probe,per day $ 00.00 Interface Probe,per day $ BOA) Nuclear Density Gauge,pet hour(4-hour dailymin.) $ 10.00 Operations and MalnWnance-Equipment,,perday $ 250.00 Peristaltic Pump,pet day $ 50.00 pH Meter(per day) $ 15.00 PID,FID or DVA,per day $ 100.00 SamplingVanfrraller,per day $ 60.00 Saximeter,per day $ 25.00 Smuts Diving,per day/per diver $ 25D.00 Single Channel Data Loggerw/Ttansducer,per day $ 100.00 .Slope Indicator,per day.(1 day min.) $ 2000D Soil Samples(in Rings),per sample $ &Go Soil Samples(in Sleeves),.per sample $ 8.00 Spectra Photo Meter;perday $ 45.00 Stereoscope;par day $ 20.00 Strain Gauge Readout.,per day $ 40,UQ Tedlar Bags&Air Sampiing Equipment,per sample $ 18.00 TurbidltyTesting.Equlpment,per day $ 30.00 Underwater'Camem-Still,,pdr day $ 50.00 UndaiwaterCenters-Video;par day $ gd.00 Vapai,FxBraction Field-TW,per day $ 500.00 Vehicle usage,per mile,or$50/day,whichever is greater S Met Vehicle-4whael drivetruck,"perday $ 80.00 Water Quality Equipment,per-day- $ 125.00 Spectaltted and misceflaneous Held equipment,at currant rotes,listovallable upon request. OTHER SERVICES,SUPPLIES-AND SPECIALTAXES Charges for services,equipment,supplies and fecllilles not furnished In acebrdance with the above-schedule.-and any unusual Items of expense not customarilyincurredln our normal operations,are charged at cost plus 15 percem This Includes shipping charges,subsistence,transportation,printing and reproduction,miscelianeDwsuppffes,and rentals,surveying services,drilling equipment,construction equipment,waleroraft,.elrcraft,and special Insurance which may be required.Taxes required by local'judsdlctions for projects Ih specific geographic areas will be charged to projects at direct cost. Routinely used field supplies stacked in-house.by GeoEnglneera,at current rotes,list available upon request. In-house testing fdr geetechnical'soil characteristics aLcurrent rates,list available upon request. .Compulerhardware and software,telephone and fox communications,printing and photocopying and routine postage via USPS will'be charged at a flat rale of B-percent of labor charges,These,charges arelabeled"as Associated Project Costs(APC).. Per diem may be chargedln lieu or subsistence and lodging. All rates ers.subject to change upon notification, Ay1St�lala eJ[AwZe.VaaaLSd,edok_PmVarel•.009,Zr Page 2 of GEOENGII11Ens- July 9, 2007 GE®ENGINEERS City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier SERVICES AGREEMENT, CHANGE ORDER NO. 1 File No. 4025-003-02 This confirms Change Order No. I between the City of Tigard and GeoEngineers, Inc. for environmental consulting services located at the Tigard Library, located at 13500 SW Hall Boulevard in Tigard, Oregon. This change order was discussed on June 28, 2007 by Chris Breemer of GeoEngineers and Mr. Dennis Koellermeier of the City of Tigard. The change order is needed because the Oregon Department of Environmental Quality (DEQ) has required that the ongoing ecological risk assessment be expanded to address potential risks posed by contaminants in site sediment. The previously authorized scope of work was limited to an assessment of potential risks to terrestrial ecological receptors. The additional services provided by GeoEngineers, Inc. will consist of the following: Description Estimated Fees Ecological Risk Assessment- Sediment $3,500 Subtotal for Change Order No. 1 $3,500 Original Authorized Budget $39,400 Total Revised Budget $42,900 The professional services listed above will be provided in accordance with the terms in City of Tigard Purchase Order number 7-1165. The fee for the additional services described above will be determined on a time and expense basis using the rates indicated in City of Tigard Purchase Order number 7-1165. Please sign and return two(2)originals of this agreement to the undersigned. In turn, we will execute and return one(1)original for your files. The services described above are authorized by: Client GeoEngineers, Inc. / By: y AAI) `r�' B : 1 z� .e lt e�L B : (� 9r 6 G4NE J Title: c 'aef C _Title: 19 C Signature: Signature: Date: ��4/ 7 Date: *Individual with contracting authorAy a2d responsible for payment of GeoEngineers,Inc.service CWB:gaw Port: P:\4\4025003\02\Finals\402500302COI.doc Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright©2007 by GeoEngineers,Inc. All rights reserved. `Earth Science+Technology 15055 SW Sequ'oia Pkwy telephone 503.624.9274 Suite 140 facsimile 503.620.5940 ,;;. �• - - - - _ Portland, OR 97224 website www.geoengineers.com i July 9, 2007 GEOENGINEER� City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier SERVICES AGREEMENT, CHANGE ORDER NO. 1 File No. 4025-003-02 This confirms Change Order No. 1 between the City of Tigard and GeoEngineers, Inc. for environmental consulting services located at the Tigard Library, located at 13500 SW Hall Boulevard in Tigard, Oregon. This change order was discussed on June 28, 2007 by Chris Breemer of GeoEngineers and Mr. Dennis Koellermeier of the City of Tigard. The change order is needed because the Oregon Department of Environmental Quality (DEQ) has required that the ongoing ecological risk assessment be expanded to address potential risks posed by contaminants in site sediment. The previously authorized scope of work was limited to an assessment of potential risks to terrestrial ecological receptors. The additional services provided by GeoEngineers, Inc. will consist of the following: Description Estimated Fees Ecological Risk Assessment- Sediment $3,500 Subtotal for Change Order No. 1 $3,500 Original Authorized Budget $39,400 Total Revised Budget $42,900 The professional services listed above will be provided in accordance with the terms in City of Tigard Purchase Order number 7-1165. The fee for the additional services described above will be determined on a time and expense basis using the rates indicated in City of Tigard Purchase Order number 7-1165. Please sign and return two(2)originals of this agreement to the undersigned. In turn, we will execute and return one(1)original for your files. The services described above are authorized by: Client GeoEngineers, Inc. � / r By: �G/1fL�1 'Pry By: Title: 2TitIe: Signature: Signature: Date: 7 l &l Date: *Individual with contracting authorAy a2d responsible for payment of GeoEngineers,Inc.services. CWB:gaw Port: P:\4\4025003\02\Finals\402500302COl.doc Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. CopyrightO 2007 by GeoEngineers,Inc. All rights reserved. Earth Science+Technology 15055 SW Sequoia Pkwy telephone 503.624.9274 Suite 140 facsimile 503.620.5940 Portland, OR 97224 website www.geoengineers.com UIA4I_Y 0k_,)L 1�- ''a 'c,:-;�:, 'a.•- - �:?:4i+r'. _ - _- - ,:.t.:£.�•'- - •moi-�• '-- - __�_< cr��R..:.';,- � - LL'•J:,•7��c. t 5., c. :�:ei;`'•`�'•.,".t; '��,'�-la�P�.'':�'.�a^, y. ,a �s °S '�^i� •'- pG,l, A # v^`;�,r.__.�^t,., i"<, '':n', - - �C' �59.7,"�l:Sr A:�.�'�.- 4,m�'^.,"-.- .r,r�-�`�i�".^i Iia;_ .7,:`! :Y' '^,,E i,. '�^ r��••'-k"a: - _ :;x`��_';`a;. ..r`ti:.� ;�.�r_, .-v_� ^.',� �,. ..z.,s t_I. -- _•.,CZL «OY:T' rd`'=``�^.:::3v.;+� , ,':i:i" R>A`7hi 1.'u •. - _.a^.::''...�:; i:;7 -.yr:` :3 - r:r'. '^-5; z_.: 's - ._ i. -...:, l .x;, -:fir= s'�r`•�f. ,,.n. -✓�`- a.e"`` - ..�1'tr. (,5 ir' ''C;.`.:<:+w-:reL._.�. �a^"r':;-°_+�^ - � ��a:�, tir:�,:•. ��:'. _:+��.. �,'�s��.:,_z�.� _�:::�,��^ - ,;�;� ,��*� �SW Hall.•py . .�,-, -�! 4 "f, _.., ;�..�, �.,.,::.•r�y,.s+ .. <<::'z,"r'-t. 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Y; "'p,`�,•4�, .e-:. `yc._ .. - - •,.-o s� y Project Title:'Library Arsenic Investigation- Project Manager: Dennis Koellermeier Contractor: Geo-Engineers Original Contract#: 7-1165 Effective Dates': Change Order/Amendment Amount:'$8200 Accounting Strin":300-6100-750145 Amendment Percenta e Runniti Total: N/A '� F ,d...a«.za_-..•s:�---7-.- �v, -'=';.,moi+,'-•y'z'x:�;•?; y'w'.i�.it`i'':;?a'�r�k,-,_y'-r-7' f:x'.�_:r��:-': ,�r'�a ��;r.�",�._,,:..:;; _o,�;s ri.-'r�� CI3?AI��E�;OI��ryR;J. � ,��,i,L��.�. r�y;�•.�'."�:y�� . ��i ,� ,�. ,��.�;°��-" +"ti"..f',rx.-_= .,SYzb..a....'ri"= !:'e�. zcRh'Lr.L..'�'.-.$-:1�:-`1ri•'.. ,,.—.±c,;�m��,,../ _1Y1'G1�71'1.,�•Cir<,T.a-'.'4.!u�+.;f='n'�.1',w'e>r•.:�''e';'J''.�ie�.a.','?�;.+�i�''_:.:-sF,':.�;:�,�•�`2.'o--:.'...rx�J City's Engineer of Record is providing services related to an environmental assessment at the Tigard Library. This change order is necessary due to-the supplemental assessment activities requested by the Oregon Department of Environmental Quality (DEQ). DEQ will require that this supplemental assessment be completed prior to accepting a remedial action plan for the site. (Further details provided in the attached Contractor's Proposal) :�s�Ci'.P�l��:,�'�t�?:•�" ra:. `r�^Y.a= -•,:��=�:.y s_•- :yru a s.-i•` c it;.,Y %O1tD—`sar.f '� CI3AGEER-/y,AD "I_:I 'T r; r =;•x ,_, .; .'F� a ...-,.Nemti �!:'9,- �.�.:i>,.,:�i�'Y'•'.+::+ xip��:w;.a:'ah?''ss��i��»e'��-ra�sE,t2�vS:�.4�,ks See above ' s"�d';r�''�`s�%h'�`�?";�.�,:w•,- t.x,a ,�rm�...s�,. s- �.•v-:,,"�- t ��rCir�'--�+'`•g�. r'•_:t` a - "'n'. -.-� �,tn...�e•.••.,�sa,w. :-nr�>, r � -. _ Q73sTTP (rT1AN_1G73 s� :" r' id� DP' SME r r0 a �.x ^,, ""; T'_•->,"-rt':Yrk},i�u'C:< �:R C., ,'; ;e[^';4. 3��"•' '";, �y:;r•�'ya Fi''x, .s:- ti..a .a :a' _ '-•.Ft�.2ir`S:Fs'4: _�; .=:r._;ax�,•i�,-d: r *�u'p_�y,'',•:; ,�+ vc-m r,Fc'«t kCL•,� c -ta••t: �.'. �^: _ 'y'r•i - .;Y Je. .,t-L-- '��inr'C"�?s�.fr:aS� S'>>`2"zi`",' _s;?:<��:•.r:�_�� k'.ra��s-^ ��' ' "�-sa.N1T�_;y.-rt�+f.�':"`;3i'�tf,::m,A'3as:hr'��?'a,°,�'i'_--a'�.�',n';,':r`Fcl�,'_�wa�,�: �r74;,+�,-+.-"D_s,.�,$?;,-'ti�rc.ry�.c-t'�_`�,,_v#t"„c£?_•r7.t.`.a�;.v-va.3'��,_,,''�,?ur�r'e8v_`4,',«?�'3"Sa-�i=£��h�';,.:=.",e33:'a;f.�`�{,�_, �.�;.i '•�aa�s"':�K- °s'��*-s`:'�''�•`;"r�.;?�-.'»;:v.��:h.-Vsa*��`'�-".kiss„..c_;�-r. / 5s Tr"Y,`i ARM: _ This form is to be completed for o:: n :_ ys - -- y •.vr�r m ca sssswr uwue ''4 rs+ p ed o all change orders or g�, � � `C � r;'s amendments processed-against City of Tigard agreements. POEM, is to be completed by 'the 'Project Manager and ,all- proper. signatures are t 5 Y" - gn o be obtained prior to execution of formal change ' 4 - V" ` � = order or.amendment. A copy of this form,once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met ,�' ��' tam= �ta,,s�.r '"��'�t,. Y:'•�"Y; � �",y-�5��.K;.'.�" GEOENGINEERS� November 9, 2007 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier Subject: Proposal for Supplemental Assessment Services Tigard Library 13500 SW Hall Boulevard Tigard, Oregon File No. 4025-003-02 INTRODUCTION AND OBJECTIVES This letter presents our proposed scope of services, schedule, and estimated fee for conducting supplemental,assessment activities at the Tigard Library property, located at 13500 SW Hall Boulevard, Tigard, Oregon (hereafter referred to as "site"). The supplemental assessment activities were requested, by the Oregon Department of Environmental Quality (DEQ) in a letter dated October 2, 2007. The objectives of the supplemental assessment activities are to obtain additional data to characterize the magnitude and extent of arsenic contaminated soil and sediment at the site and to evaluate whether the site is a source of arsenic contamination to Fanno Creek. DEQ will require that the supplemental assessment be completed prior to accepting a remedial action plan for the site. The general scope of services presented in this proposal was discussed during a November 5, 2007 meeting with Mr. Loren Garner of the Oregon Department of Environmental Quality (DEQ). Upon authorization by the City of Tigard, GeoEngineers will prepare a work plan describing the work proposed herein. The work plan will be presented to DEQ, along with a request for a formal opinion from DEQ as to whether the proposed scope of services 'is likely to be sufficient to meet the requirements for investigation of the magnitude and extent of contamination. Following receipt of DEQ's opinion, GeoEngineers will implement the proposed field activities. PROPOSED SERVICES DEQ identified four general data gaps for the site in the October 2, 2007 letter. The following sections present GeoEngineers' proposed services to address the data gaps. DATA GAP 1 —SEDIMENT QUALITY IN THE POND Soil in the periphery of the pond contains some of the highest concentrations of arsenic detected at the site to date. Data describing sediment quality within the pond have not been collected: DEQ has"requested information about sediment quality in the pond to evaluate potential risks to human and ecological. receptors. �� hn01o� 15055 SW Sequoia Pkwy telephone 503.624.9274 Suite 140 facsimile 503.620.5940 Portland, OR 97224 website www.geoengineers.com City of Tigard November 9, 2007 Page 2 GeoEngineers will assess sediment quality in the pond as follows: • Collect surface sediment(0 - I foot)at three locations in the pond. The sediment samples will be submitted for laboratory analysis of arsenic by U.S. Environmental Protection Agency (EPA) Method 6020. DATA GAP 2—OVERFLOW FROM THE POND TO FANNO CREEK The pond near the southeast corner of the site discharges to Fanno Creek through a spillway at the east side of the pond. The spillway discharges directly to sediment in the flood plain of Fanno Creek. DEQ has requested information regarding whether the pond is an ongoing source of contamination to Fanno Creek. GeoEngineers will evaluate potential risks to Fanno Creek posed by pond discharge by completing the following services: • Collect surface water samples from the pond discharge water during two storm events. The surface water samples will be collected within 24-hours after 1/2 inch or more of rain has fallen in the Portland metropolitan area. The water samples will be submitted for laboratory analysis of total and dissolved arsenic by EPA Method 6020. • Collect one soil/sediment sample from the spillway at the east side of the pond. The sediment sample will be submitted for laboratory analysis of arsenic by EPA Method 6020. DATA GAP 3— DISCHARGE FROM PINEBROOK STREAM TO FANNO CREEK The Pinebrook Stream channel in the southern portion of the site was restored during the summer of 2007. Wetland areas were constructed and the alignment of the stream channel was modified during the stream restoration activities. DEQ has requested additional data to assess whether discharge from Pinebrook Stream poses a risk to Fanno Creek. GeoEngineers will evaluate the potential risks to Fanno Creek posed by discharge from Springbrook Stream by completing the following services: • Collect six surface (0 — 0.5 feet) soil/sediment samples in the southeastern portion of the site,in the Pinebrook Stream channel. The soil/sediment samples will be collected at.the upstream side of a stormwater retention berm that was installed in the channel during the 2007 stream restoration activities. The samples will be submitted for laboratory analysis of arsenic by EPA Method 6020. DATA GAP 4— POST-CONSTRUCTION SITE CHARACTERIZATION DEQ has questions about soil quality in some of the areas that were affected by construction in 2007. Specifically, DEQ, is concerned that some soil mixing (highly contaminated soil may have been mixed with less contaminated) may have occurred in the vicinity of the pond, the water quality swale north of the pond, and in utility trenches during grading and excavation activities. DEQ is also concerned about soil quality in several small unpaved areas in the vicinity of the new parking lot.and driveway. GeoEngineers is preparing a report summarizing the construction activities that occurred in the Wall Street right-of-way and the Springbrook Stream channel during the summer of 2007. The report will describe the locations and quantities of soil excavated from the site, the soil disposal location, and human File No. 4025-003-02 GEOENGINEERS� City of Tigard November 9, 2007 Page 3 health precautions that were taken during the construction activities. The construction summary report is being prepared under a previously authorized contract. DEQ has requested additional data regarding arsenic concentrations in some of the areas affected by construction. GeoEngineers will address those data gaps by completing the following scope of services: • Collect 16 shallow (0— I foot) soil/sediment samples from the water quality swale' the berm that confines the south side of the pond, the constructed wetland at the southeast corner of the site, and small unpaved areas at the south side of the new parking area. The samples will be submitted for laboratory analysis of arsenic by EPA Method 6020. DEQ COORDINATION, REPORTING, AND PROJECT MANAGEMENT GeoEngineers will prepare a work plan that presents the scope of work proposed herein, upon authorization by the City of Tigard. The work plan will be submitted to DEQ, along with a request for a formal letter of approval. GeoEngineers will implement the field activities following receipt of DEQ's authorization to proceed. GeoEngineers will evaluate the potential risks that arsenic in Pinebrook Stream and the pond pose to Fanno Creek by comparing surface water and sediment data to DEQ Level II Screening Level Values (SLVs) for aquatic receptors and other relevant criteria. A strict comparison of sediment and surface water data to Level II SLVs may overestimate the risks posed by arsenic at the site. GeoEngineers will evaluate arsenic risks to Fanno Creek using a weight-of-evidence approach, if necessary. Data collected during the supplemental assessment activities will be integrated into the draft ecological and human health risk assessment and a final version of that document will be submitted for review by the City of Tigard and DEQ. DEQ has indicated a desire to meet with the City of Tigard to discuss the ongoing assessment activities and future remedial,options. GeoEngineers will schedule and attend a meeting with DEQ and the City of Tigard. ASSUMPTIONS For fee estimating purposes, we have made the following assumptions: • Site access is unrestricted for field personnel. • Hand tools(augers, shovels and"trowels)will be suitable for collecting samples at the site. • Sample analyses will be conducted under standard (10 day) laboratory turnaround times(TAT). • Investigation-derived waste (IDW) will not be generated during site activities. Soil/sediment cuttings will be returned to the explorations. PROJECT SCHEDULE GeoEngineers will prepare and submit a work plan to DEQ within 2 weeks of authorization by the City of Tigard. Soil/sediment sampling will be conducted within 2 weeks of receiving authorization from DEQ to proceed. The surface water sampling schedule will be dependent on storm events. We anticipate that the final version of the human and ecological risk assessment will be completed within 3 weeks of receiving all analytical data. File No. 4025-003-02 GEOENGINEERS� City of Tigard November 9, 2007 Page 4 PROJECT BUDGET We propose that the professional services listed above be provided in accordance with the Services Agreement, File No. 0615-ST06-13 (Agreement) between GeoEngineers and the City of Tigard. The fees for the services described above will be determined on a time-and-materials not-to-exceed basis using the rates indicated on the Exhibit 2 of the Agreement. The estimated fees for the services outlined above are summarized below: Task Estimated,Total Fee Project Management, DEQ Coordination, Meetings $1,970 Soil Sampling and Analysis $2,300 Work Plan and Reporting $3,930 Total $8,200 We will keep you informed of project status and advise you if it appears appropriate to,modify the scope and budget. AUTHORIZATION This proposal can be authorized by issuing a work order agreement under the terms and conditions of the services agreement between the City of Tigard and GeoEngineers dated December 22, 2006. File No. 4025-003-02 GEOENGINEERird City of Tigard November 9,2007 Page 5 We appreciate the opportunity to present this proposal to provide services to you on this project. Please contact us if you have any questions concerning this proposal. Sincerely, GeoEngineers, Inc. Chris Breemer,R.G. Senior Project Manager AH. ne Principal CWB:JHB:gaw PORT: P:\4\4025003\02\Finals\402500302P4.doc Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our clients and their design teams to evaluate.GeoEngineers'capabilities and understanding of project.requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright©2007 by GeoEngineers,Inc. All rights reserved. File No.4025-003-02 GEOENGINEERS� City of Tigard 13125 SW Hall Blvd. CONTRACT CHANGE ORDER/ Tigard,Oregon 97223 ` Phone- (503)639-4171 AMENDMENT SUMMARY FORM Fax- (503) 684-7297 www.tigard-or90v Project Title: Library Arsenic Investigation Project Manager: Dennis Koellermeier Contractor: GeoEn ' eers Original Contract#: 9-1094,NOW P12031 Effective Dates: 12/11/08 to 12/11/13 if all renewal Change Order/Amendment Amount: None. There is options are exercised. $8010 remaining on the existing contract. The additional services will cost$6020. Total cost of the contract remains the same and will not exceed$20,000.00. Accounting String: 91002400-120 Amendment Percentage Running Total: N/A CHANGE ORDER/AMENDMENT DETAILS This is a change order for an existing contract that has already been approved by City staff. The City is electing to have the Contractor prepare a comprehensive management plan related to the arsenic contamination on the grounds of the Tigard Public Library. The plan was requested by DEQ in July 2009 as a condition of regulatory closure of the site. There is $8010.53 remaining on the contract. These funds are sufficient to cover the cost of the additional services in the amount of$6,020.00. Total cost of the contract remains the same and will not exceed $20,000.00. REASONING FOR CHANGE ORDER/AMENDMENT The focus and required work products have evolved and changed as the City navigated the remediation process with DEQ. A comprehensive management plan was requested by DEQ in July 2009 as a condition of regulatory closure of the site. REQUESTING PROJECT MANAGER APPROVING DEPARTMENT DIRECTOR Signature Signature Date Date This form is to be completed for all change orders or CITY MANAGER IF REQUIRED amendments processed against City of Tigard agreements. Form is to be completed by the Project Manager and all proper signatures are to be obtained prior to execution of formal change Signature order or amendment. A copy of this form,once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Date GEOENGINEER� October 6, 2008 City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier SERVICES AGREEMENT, CHANGE ORDER NO. 2 File No. 4025-003-02 This confirms Change Order No. 2 between the City of Tigard and GeoEngineers, Inc. for environmental consulting services related to arsenic contamination in soil and sediment at the Tigard Library, located at 13500 SW Hall Boulevard in Tigard, Oregon (site). GeoEngineers prepared this Change Order to request authorization to undertake additional services requested by the Oregon Department of Environmental Quality (DEQ). The additional services provided by GeoEngineers, Inc. will consist of the following: • Conduct a meeting with DEQ to address DEQ's requests for additional information and to discuss tasks necessary to complete the investigation and remediation of the site. • Prepare a work plan to collect additional .soil samples to further evaluate potential risks to ecological receptors in sediment at the site. • Collect three 30-point soil/sediment composite samples (90 samples total) at depths between 0 and 0.5 feet below ground surface (bgs) in the pond/wetland area at the southeast portion of the library property. • Submit three composite soil/sediment samples for laboratory analysis of "arsenic, by U.S. Environmental Protection Agency (EPA) Method 6010. The laboratory will prepare the samples using Gy sub-sampling procedures,as requested by DEQ. • Prepare a memorandum summarizing the soil/sediment sampling activities and results. The memorandum will include a statistical evaluation of the soil/'sediment data and,a comparison of the soil/sediment analytical data to the Probable Effects Concentration (PEC) for arsenic in sediment. • Prepare a focused feasibility study (FFS). The purpose of the FFS is to select effective and reasonable remedies for managing the risks posed by arsenic in soil and sediment at the site. We anticipate that this task will include two meetings with representatives of DEQ and the City of Tigard. Chology� 15055 SW Sequoia Pkwy telephone 503.624.9274 Suite 140 facsimile 503.620.5940 Portland, OR 972.24 website www.geaengineers.com City of Tigard October 6, 2008 Page 2 Description Estimated Fees DEQ Meeting, Respond to Requests for Information, and $3,500 Work Plan for Soil/Sediment Sampling Soil/Sediment Sample Collection and Reporting $2,500 Laboratory Analysis of Soil/Sediment Samples $400 Prepare Focused Feasibility Study $4,500 Subtotal for Change Order No. 2 $10,9.00 Previously Authorized Budget $42,900 Total Revised Budget $53,800 The professional services listed above will be provided in accordance with the terms in City of Tigard Purchase Order number 7-1165, The fee for the additional services described above will be determined on a time and expense basis using the rates indicated in City of Tigard Purchase Order No. 7-1165. Please sign and return two(2)originals of this agreement to the undersigned. In turn, we will execute and return one (1)original for your files. The services described above are authorized by: Client GeoEngineers, Inc. By: By: Title: Title: Signature*: Signature: Date: Date: *Individual with contracting authority and responsible for payment of GeoEngineers;Inc.services. CWB:gaw P:\4\4025003\02\Flnals\462500302CO2.doc Disclaimer: Any electronic form, facsimile or,hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright©2008 by GeoEngineers,Inc. All rights reserved. File No.4025-003-02 GEOENGINEER� n December 11,2008 City of Tigard Chris Breemer GeoEngineers 15055 SW Sequoia Pkwy, Ste 140 Tualatin, OR 97224 NOTICE TO PROCEED Library Arsenic Investigation The contract documents for the above contract were received by us in complete form. You are hereby notified to proceed with the work required under the contract. This is effective as of the date of execution,and shall expire,unless otherwise terminated or extended,on December 31,2009. The initial term of the contract shall be one (1)year with four (4) additional one-year options to extend. The maximum duration of the contract may not exceed five (5)years.All work under this Agreement shall be completed prior to the expiration of this Agreement. A fully executed copy of the contract document for the project is enclosed. Sincerely, Mark VanDomelen Management Analyst Public Works Department City of Tigard (503)718-2594 markvandomelen@dgard-or.gov 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov �_Uj of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 November 13,2008 r � Chris Breemer �.. GeoEngineers 15055 SW Sequoia Pkwy, Ste 140 Portland, OR 97224 Subject. Library Arsenic Investigation Contract Chris, Enclosed are two copies of the above-mentioned contract. Please sign,both copies and return them along with the necessary insurance certificates and a completed W-9 Form to the City of Tigard Public Works Department. After the contract has been signed by the City an original will be returned to you for your files. If you have any questions,please call me at 503-718-2594. Sincerely, Kathy Mollusky Acting Management Analyst I I Phone: 503.639.4171 a Fax: 503.684.7297 e www.tigard-or.gov TTY Relay: 503.684.2772 City of Tigard December 4, 2008 Chris Breemer GeoEngineers 15055 SW Sequoia Pkwy, Ste 140 Portland, OR 97224 Subject: Library Arsenic Investigation Contract Chris, Enclosed are two copies of the above-mentioned contract. Please sign both copies and return them along with the necessary insurance certificates and a completed W-9 Form to the City of Tigard Public Works Department. After the contract has been signed by the City an original will be returned to you for your files. If you have any questions, please call me at 503-718-2594. Sincerely, Mark VanDomelen Management Analyst Public Works Department City of Tigard (503)718-2594 markv@tigard-or.gov 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov V i GeoEngineers December 18, 2009 City of Tigard DEC 9 1 2009 Routing File GeoEngineers Attn:John Biggane, Principal 15055 SW Sequoia Pkwy, Suite 140 Portland OR 97224 REF.: City of Tigard Personal Services Contract - Library Arsenic Investigation Period:January 1, 2010 —December 31, 2010 New Contract Number: P12031 (P.revioushr 9-1094) CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Biggane: The City of Tigard has determined that your company has performed in accordance with the requirements of our Contract. Therefore, the City, pursuant to the renewal/extension clause contained in the terms and conditions of the Contract, desires to exercise its first (1st) one- year extension to the Contract effective from January 1, 2010 through December 31, 2010. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this letter and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with GeoEngineers. Sincerely, Greer Gaston Management Analyst 503-718-2595 greer@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company: (S c "e c r s 1"� Signed: 17 f Date: �'� Printed: C.1)a 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov _ o City of Tigard --- - November 29, 2010 F' — — — GeoEngineers Attn:John Biggane, Principal 15055 SW Sequoia Pkwy, Suite 140 Portland OR 97224 REF.: City of Tigard Personal Services Contract - Library Arsenic Investigation Period:January 1, 2019. —December 31, 2011 New Contract Number: P12031 (Previously 9-1094) CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Biggane: The City of Tigard has determined that your company has performed in accordance with the requirements of our Contract. Therefore, the City, pursuant to the renewal/extension clause contained in the terms and conditions of the Contract, desires to exercise its second (2nd) one-year extension to the Contract effective from January 1, 2011 through December 31, 2011. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this letter and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with GeoEngineers. Sincerely, (1'12; k,0 , '>,f'S Greer Gaston Management Analyst 503-718-2595 greer@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company: eo H t C_e� �4_11 c. Signed: Date: « 3 /4 Printed: (7"' 11-1, 9 G Cir"''— 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov GEOENGINEERS� October 7, 2009 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier Subject: Proposal for Comprehensive Management Plan Tigard Library 13500 SW Hall Boulevard Tigard, Oregon File No. 4025_003-05 INTRODUCTION This letter presents our proposed scope of services, schedule, and estimated fee for preparing a comprehensive management plan for arsenic—contaminated soil and sediment at the Tigard Library, located at 13500 SW Hall Boulevard,Tigard, Oregon(hereafter referred to as"site"). The comprehensive management plan is a tool intended for use by the City of Tigard staff that work at and maintain the site. The document will present a monitoring and maintenance plan for contaminated areas, guidelines,for the management of contaminated soil and sediment, and recommended protection of worker and visitor health. The comprehensive management plan was requested by the Oregon Department of Environmental Quality(DEQ)in an e-mail dated July 7, 2009 as a condition of regulatory closure of the site. PROPOSED SCOPE OF SERVICES GeoEngineers will prepare the comprehensive management plan. The plan.will; 1) describe the baseline conditions at the site; 2) identify the maintenance and monitoring that will be conducted by the City of Tigard related to arsenic-contaminated soil and sediment; 3) include a contaminated media management plan; and 4) specify the schedule and type of reports that the City of Tigard should submit to DEQ in the future. GeoEngineers will complete the following tasks to prepare the comprehensive management plan: • Conduct as many as three telephone meetings with the DEQ to discuss the scope of the comprehensive management plan, obtain DEQ feedback, and respond to DEQ inquiries. • Meet with representatives of the City of Tigard to discuss preparation and implementation of the comprehensive management plan. We assume that as many as two meeting will be necessary. ® Prepare the comprehensive management plan. We anticipate that the comprehensive management plan will be organized as follows: • Overview ■ Site Description Fes„ Earth Science__��e�gy 15055 SW Sequoia PNw.y, Suite 140 teiePhone 503.624.9274 Portland, OR 97224 facsimile 503.620.5940 / website www.geoengineers.com City of Tigard October 7,2009 Page,2 ■ Baseline Contaminant Conditions ■ Soil ■ Sediment ■ Health and Safety • Public • Worker ■ Institutional Controls ■ Maintenance ■ Monitoring ■ Reporting ■ Contaminated Media Management Plan • Submit a draft version of the comprehensive management plan for review by the City of Tigard. After responding to comments from the City of Tigard, submit the comprehensive management plan to DEQ for review. • Submit a final version of the comprehensive management plan to the City of Tigard and DEQ in hard copy and electronic formats. Submit figures in a format .compatible with ArcGIS and AutoCAD systems. OPTIONAL WORKER TRAINING The comprehensive management plan is intended to be a tool that City of Tigard employees can use to assist them to properly manage contaminated portions of the site. GeoEngineers can train selected City of Tigard employees to comply with the comprehensive management plan, if requested. The training session would be approximately two hours in duration. The purpose of the session would be to highlight the key information in the comprehensive management plan, present practical solutions for managing the library grounds(for example,how-to manage spoils excavated during a pipe repair project), and train staff in appropriate health and safety precautions. PROJECT SCHEDULE GeoEngineers will prepare and submit a draft comprehensive management plan to the City of Tigard approximately four weeks after the City of Tigard authorizes us to proceed. We anticipate that we will submit a final version of the comprehensive management plan to the City of Tigard and DEQ within two weeks of receiving comments from the City of Tigard. PROJECT BUDGET We propose that the professional services listed above be provided in accordance with the Services Agreement, File No. 0615-ST06-13 (Agreement)between GeoEngineers and the City of Tigard. The fees for the services described above will be determined on a time-and-materials not-to-exceed basis using the rates indicated on the Exhibit 2 of the Agreement. The estimated fees for the services outlined above are summarized below: File No.4025-003-05 GWENGINEERS� City of Tigard October 7, 2009 Page 3 Task Estimated Total Fee Cbmprehensive Management Plan $4,780 City of Tigard Staff Training $1,240 Total $6,020 We will keep you informed of project status and advise you if it appears appropriate to modify the scope and budget. AUTHORIZATION This proposal can be authorized by issuing a work order agreement under the terms and conditions of the services agreement between the City of Tigard and GeoEngineers dated December 22, 2006. We appreciate the opportunity to present this proposal to provide services to you on this project. Please contact us if you have any questions concerning this proposal. Sincerely, GeoEngineers, Inc. Chris Breemer,R.G. Senior Project Manager /John . Big gane Principal CWB:JHB:cje P:\4\4025003\05\Finals\402500305P.doex Proprietary Notice: The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our clients and their design teams to evaluate GeoEngineers'capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright©2009 by GeoEngineers,Inc. All rights reserved. File No.4025-003-05 GEoENGINEERi GEOENGINEER� December 11, 2009 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attention: Mr. Dennis Koellermeier Subject: Proposal for Comprehensive Management Plan Tigard Library 13500 SW Hall Boulevard Tigard, Oregon File No. 4025-003-05 INTRODUCTION This letter presents our proposed scope of services, schedule, and estimated fee for preparing a comprehensive management plan for arsenic—contaminated soil and sediment at the Tigard Library, located at 13500 SW Hall Boulevard,Tigard,Oregon(hereafter referred to as"site"). The comprehensive management plan is a tool intended for use by the City of Tigard staff that work at and maintain the site. The document will present a monitoring and maintenance plan for contaminated areas, guidelines for the management of contaminated soil and sediment, and recommended protection of worker and visitor health. The comprehensive management plan was requested by the Oregon Department of Environmental Quality(DEQ)in an e-mail dated July 7, 2009 as a condition of regulatory closure of the site. PROPOSED SCOPE OF SERVICES GeoEngineers will prepare the comprehensive management plan. The plan will: 1) describe the baseline conditions at the site; 2) identify the maintenance and monitoring that will be conducted by the City of Tigard related to arsenic-contaminated soil and sediment; 3) include a contaminated media management plan; and 4) specify the schedule and type of reports that the City of Tigard should submit to DEQ in the future. GeoEngineers will complete the following tasks to prepare the comprehensive management plan: • Conduct as many as three telephone meetings with the DEQ to discuss the scope of the comprehensive management plan,obtain DEQ feedback,and respond to DEQ inquiries. • Meet with representatives of the City of Tigard to discuss preparation and implementation of the comprehensive management plan. We assume that as many as two meeting will be necessary. • Prepare the comprehensive management plan. We anticipate that the comprehensive management plan will be organized as follows: ■ Overview ■ Site Description Earth Science+Technolazy 15055 SW Sequoia Phwy,Suite 140 telephone 503.624.9274 Portland,OR 97224 tics,mtle 503.620.5940 websar www.Qeoenpneers.cq i City of Tigard December 11, 2009 Page 2 ■ Baseline Contaminant Conditions ■ Soil • Sediment ■ Health and Safety • Public ■ Worker ■ Institutional Controls ■ Maintenance ■ Monitoring • Reporting :ubmit Contaminated Media Management Plan • a draft version of the comprehensive management plan for review by the City of Tigard. After responding to comments from.the City of Tigard, submit the comprehensive management plan to DEQ for review. • Submit a final version of the comprehensive management plan to the City of Tigard and DEQ in hard copy and electronic formats. Submit figures in a format compatible with ArcGIS and AutoCAD systems. OPTIONAL WORKER TRAINING The comprehensive management plan is intended to be a tool that City of Tigard employees can use to assist them to properly manage contaminated portions of the site. GeoEngineers can train selected City of Tigard employees to comply with the comprehensive management plan, if requested. The training session would be approximately two hours in duration. The purpose of the session would be to highlight the key information in the comprehensive management plan, present practical solutions for managing the library grounds(for example, how to manage spoils excavated during a pipe repair project),and train staff in appropriate health and safety precautions. PROJECT SCHEDULE GeoEngineers will prepare and submit a draft comprehensive management plan to the City of Tigard approximately four weeks after the City of Tigard authorizes us to proceed. We anticipate that we will submit a final version of the comprehensive management plan to the City of Tigard and DEQ within two weeks of receiving comments from the City of Tigard. PROJECT BUDGET We propose that the professional services listed above be provided in accordance with the Services Agreement, File No. 0615-ST06-13 (Agreement)between GeoEngineers and the City of Tigard. The fees for the services described above will be determined on a time-and-materials not-to-exceed basis using the rates indicated on the Exhibit 2 of the Agreement. The estimated fees for the services outlined above are summarized below: File No.4025-003-05 GWENGINEER:y I City of Tigard December 11,2009 Page 3 Task Estimated Total Fee Comprehensive Management Plan $4,780 City of Tigard Staff Training $1,240 Total $6,020 We will keep you informed of project status and advise you if it appears appropriate to modify the scope and budget. AUTHORIZATION This proposal can be authorized by issuing a work order agreement under the terms and conditions of the services agreement between the City of Tigard and GeoEngineers dated December 22, 2006 and the attached Schedule of Charges. We appreciate the opportunity to present this proposal to provide services to you on this project. Please contact us if you have any questions concerning this proposal. Sincerely, GeoEngineers, Inc. Chris Breemer, R.G. Senior Project Manager John H. Biggane Principal CWB:JHB:cje P:\4\4025003\05\Finals\402500305P.docx Proprietary Notice: The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our clients and their design teams to evaluate GeoEngineers'capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright©2009 by GeoEngineers,Inc. All rights reserved. File No.4025-003-05 QoENGINEER. r SCHEDULE OF CHARGES —2008 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount Is so indicated in the proposal or services agreement Current rates are: Professlonal Staff Scientist 1 $ 90/hour Engineer 1 S 95/hour Scientist 2 E 105/hour Engineer 2 $ 110/hour' Scientist 3 $ 120/hour Engineer 3 $ 125/hour Project Scientist 1 $ 135/hour Project Engineer 1 $ 140/hour Prolect-Sclentlst 2 $ 145/hour Project,EngIneer 2 $ 150/hour Senior Engineer/Sclentbt 1 $ 155/hour Senior Engineer/Sdentist 2 $ 165/hour Associate $ 1701dour Principal $ 185/femur SenlorPrtndpat $ 205/hour Tedhnlcal Support Staff Administrator 1 $ 60/how Administrator 2 $ 70/how Technician $ 70/hour, CAD Technician $ 75/hour Administrator 3 $ 80/hour SenlorTechnician $ 80/hM CAD Designer S 85/hour CAD Design Coordinator $ •85/hour Lead Tedmlclan $ 90/hour Applied and Infom%VonTechnolo>>arStaff Staff:Analyst/Developer 1. S 99/herr Staff Anatyaf/Developer2 $ 115/hour Staff Anahst/DeveloW 3 $ 131/hour Project Analysf/Developer 1 $ 147/hour Project Analyst/Developer 2 $ 158/hour Senior Analyst/Developer I •$ 166/hour ,War Analyst/Developer2 S 177/how Assodate AnabWDeveloper $ 182/hour Principal Analyst/Developer $ 198/how Contracted professional and technical-services-will be charged'at the applicable hourly ratea.listed above.Staff time spent in depositions,trial preparation and court or hearing tastlmony will be billed at one and one-half times the above.rates.Time spent after normal working hours,on weekends.or hdWays,at the specific request of ClleriL will be charged at the above. rates plus 25 percent.Time spent In either local.or Intercity travel,when travel Is In the Interest of this contract,will be charged In accordance with the foregoing schaclukL Rates for data storage and web-based be provided on a project specific basis. ACIScUt�ld��a/_ChasnlT Lrrltife_Iurdnad200Sd�a Page d°f2 GEDBIGININS r �)C H x-13 T L3 6.oN-r. , SCHEDULE OF CHARGES-2008(CONTINUED) Equipment Air Quality Equipment,per day $ 150.00 Air Sparging Field Test,per day $ 500.00 Asbestos Sample III,per day $ 25.00 Blastmate,per day $ 100.00 22 foot Sampftng and Dive Boat(plus fuel),perday $' 750.00 Camcorder,per day $ 50.00 Concrete/Masonry Field Gear,per day $ 15.00 .Crack Gauges,per gain S 25.00 .D&M Sampler,per day.(1 day min.) $ SM00 Hata Logg$r-13-channel,per day $ 300.00 Electrical Tape,per day $ 25:00 Environmental Exptoration,Equipment,perday $ 150•00 Flow Meter,per day $ 40.00 .Goa Detection and Oxygen Meters,.per day(1 day min.) & 100.00 .Generator,per day(1 day min.) $ 100.00 Geotechnical Exploration Equipment,per day' $ 125,00 GPS Unit-Professional Grade,per day $ 100.00. Groundwater Development and Sampling.Pump,per day(1 day min.) $7 100.00 Groundwater Monitoring Equipment,per day $ 220.00 Hydrolab Multi Probe,per day $ 100,00 interface Probe,per day $ 50.00 Nuclear Density Gauge,per hour(4-hour daily-min.) $ 10.00 Operations and Maintenance EquipmeM per day $ 250.00 .Peristaltic Pump;per day, $ 50.00 pH Mater(per day) $ 15.00 PID;FID,orOVA,.per day $ 100.00 Sampling Van/Trailer,per day $ 60:00 SaXlrneter.per-day $. 25.Q0 Scubb Diving,per day/per diver $ 250.00. Sbngle Channel Data logger w/Transducer.per day $ 100.00 .51ope'IndiLator.per day(1 day min.) $ 200.00 Sol[Samples(in Rings),per sample $ 5.00 Soil Samples lin Sleeves),per sample $ 8.00 Spectra Photo Meter.per day $ 45.00 Stereoscope:per day $ '20.00 Strain Gauge Readout,per day $ 40,00 Tedlar Bags&Air Sampling Equipment;pet sample $ 15.00 Turbidity Testing.Equipmern,per day $ 80.00 Underwater Camera-SUIT,per day $ 50.00 Underwater Camera-Video-,per day $ 150.00 Vapor Ektraction'FleldTest,per day $ 500.00 Venide usage.per mite:or$50/day,whichever is greater $ O•C)s Vehicle-4-wheel drive truck,per'day S 80.00 Water Quality Equipment,perday $ 125.00 Specialized and'miscelleneous field equipment,at current rates,list available upon request OTHER SERVICES,SUPPLIES AND SPECIAL TAXES Charges for services,equipment,supplies and facilities not furnished In accordance with the aboveschedule,and any unusual Items of expense not customarily incurred In our normal operatl0135,.are charged at cost.plus 15 percent This Includes shipping Charges,subsistence,transportation,printing and reproduction,miscellaneous supplies and rentals,surveying services,drilling equipment,construction equipment,waterenift,mircraft.and special Insurance which may be required.Taxes required by local'Jurisdmtlons for projects Ih specific geographic areas will be charged to projects at direct cost Routinely used fleld.suMAssstacked in-house by GeoEngineer"t currentrates,list available upon request. Imhouse testing for geotachnlcal'soil characteristics atcurrent rates,list available upon request. Computer hardware and software,telephone and fox communications,printing and photocopying and routine postage via USPS wit)be charged at a fat rate of 6-.percent of labor.charges.These-charges are-labeled'as Associated Project Costs(APC),. Per diem maybe charged In lieu of subsWence and lodging. All rates are subject to change upon notification. &, gJer ,Nx1A►srbedodr Pa.damRioos,eor Puge2of? GEoEnGINEEnsa Form W-9 Request for Taxpayer Give form to the (Rev.October 2007) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service Name(as shown on your income tax retum) N g L, EylS 6 Business name,if differsUfrom above m C CL w Check appropriate box: Individual/Sole proprietor Corporation Partnership 2:'- Limiteliability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) _ payeept L) Other(see instructions) ilp. H Address(number,street,and apt.or suite no.) Requester's name and address(optional) IL rw 'u City,state,and ZIP code Ur f1fW�.01AJ �.� List account number(s)here(optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals,this is your social security number(SSN). However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is or your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. Note. If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer Identification number number to enter. I (D I O Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c) the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here I U.S.person lip. Date ► 0 d' General Instructions Definition of a U.S. person. For federal tax purposes,you are Section references are to the Internal Revenue Code unless considered a U.S. person if you are: otherwise noted. • An individual who is a U.S. citizen or U.S.resident alien, Purpose of Form • A partnership, corporation, company, or association created or A person who is required to file an information return with the organized in the United States or under the laws of the United IRS, must obtain your correct taxpayer identification number(TIN) Sates, to report,for example, income paid to you, real estate • An estate (other than a foreign estate), or transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or • A domestic trust(as defined in Regulations section contributions you made to an IRA. 301.7701-7). Use Form W-9 only if you are a U.S. person(including a Special rules for partnerships. Partnerships that conduct a resident alien),to provide your correct TIN to the person trade or business in the United States are generally required to requesting it (the requester) and, when applicable, to: pay a withholding tax on any foreign partners'share of income from such business. Further, in certain cases where a Form W-9 1. Certify that the TIN you are giving is correct(or you are has not been received, a partnership is required to presume that waiting for a number to be issued), a partner is a foreign person, and pay the withholding tax. Therefore,if you are a U.S.person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, 3. Claim exemption from backup withholding if you are a U.S. provide Form W-9 to the partnership to establish your U.S. exempt payee. If applicable,you are also certifying that as a status and avoid withholding on your share of partnership U.S. person, your allocable share of any partnership income from income. a U.S. trade or business is not subject to the withholding tax on The person who gives Form W-9 to the partnership for foreign partners' share of effective) connected income. purposes of establishing its U.S. status and avoiding withholding 9 P Y on its allocable share of net income from the partnership Note.lf a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN,you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity, SSA Form W-9 (Rev. 10-2007) 7w9050 2.000 A CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 F06/(09/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 RECEIVED Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# �/ INSURED GeoEngineers, Inc. INSURERA: Travelers Pro ert CasualtyCompany of Am 25674-003 Aw Angela Forbes JUN 0 9 2010 INSURERB:Travelers Property Casualty Company of Am 25674-002 oOMW 15055 SW Sequoia Parkway, Suite 140 Portland, OR 97224 INSURER C:Wausau Underwriters Insurance Company 26042-001 RISK MANAGEM ER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR N R TYPE OF INSURANCE POLICY NUMBER POLICY ATE MMIDDIY DATECMMXDDIYYYYN LIMITS A x GENERAL LIABILITY 660533D1564TIL10 3/31/2010 3/31/2011 EACHOCCURRENCE $ 11000,000 DAMISESAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMEaoccurence $ X 100,000 CLAIMS MADE Fx_1 OCCUR MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2.000,000 X POLICY PR LOC B X AUTOMOBILE LIABILITY 810532D8375TIL10 3/31/2010 3/31/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTOONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATIONWC STATU- OTH- C AND EMPLOYERS'LIABILITY WCJZ91451667010 3/31/2010 3/31/2011 X TOCER ANY PROPRIETOR/PARTNER/EXECUTIVEF- E.L.EACH ACCIDENT $ 1 000,000 OFFICERIMEMBER EXCLUDED? MPL (Mandatory in NH) E.L.DISEASE-EA EOYEE $ 1 0 0 0 0 0 0 If yes,describe VISIOunder SPECIAL PR NS below E.L.DISEASE-POLICY LIMIT $ 3_000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 4/28/2010 WITH ID: 14134584 Re: 4025-003 WA Stop Gap, USL&H and Maritime Employers Liability Endorsement included under Workers, Compensation coverage evidenced above. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Tigard Wall REPRESENTATIVES. 1120 SW 5th Avenue, Rm. 1000 AUT ESENTAT Portland, OR 97204 ACORD 25(2009/01) Coll:3037940 Tpl:1063707 Cert:14290791 ©1988-2009ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD X11/11115 CERTIFICATE OF LIABILITY INSURANCE DATE Page 2 of 3 06/09/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoBngineers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003 Angela Forbes INSURERS: Travelers Property Casualty Company of Am 25674-002 15055 SW Sequoia Parkway, Suite 140 Portland, OR 97224 INSURERC:Wausau Underwriters Insurance Company 26042-001 INSURER D: INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Severability of interest is included under General Liability. City of Tigard Wall is added as an Additional Insured as respects General Liability and Auto Liability policies. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Coll:3037940 Tpl:1063707 Cert:14290791 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Co11:3037940 Tp1:1063707 Cert:14290791 Best's Credit Rating Center- Company laiformation for Travelers Property Casualty Co of Amer Page 1 of 1 This rating is Frmirolel a1rmgM Rating assigned to qcLBH8T companies A9.Suporia_ that have,in Address:One Tower Square Hartford,CT 06183 our opinion,a superior ability to meet UNITED STATES their ongoing obligations to policyholders. Phone:860-277-0111 Fax:860-277-7002 Web.www.travelers.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A+(Superior) Long-Term:as Affiliation Code:g(Group) Outlook.Stable Financial Size Category:XV($2 Billion or Action:Upgraded greater) Date:June 08,2010 Outlook:Stable Action:Affirmed Effective Date:June 08,2010 "Denotes Under Review Ratings. See rating definitions. http://www3.ambest.com/ratings/FullProfile.asp?B1=O&AMBNum=4461&AItSrc=1&AltNum=&URATIN... 6/9/2010 Best's.Credit Rating Center - Company 12iformation for Wausau Underwriters Insurance Company Page 1 of 1 This rating is Rrmaci166en0 Rsting assigned to qlctBEST companies A Etaolbnt that have,in Address:175 Berkeley Street our opinion,an excellent ability to meet Boston,MA 02116 their ongoing obligations to UNITED STATES policyholders. Phone:715-8455211 Fax:715-847-8931 Web:www.LibertvMtualGrouo.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A(Excellent) Long-Term:a Affiliation Code:p(Pooled) Outlook:Negative Financial Size Category:XV($2 Billion or Action:Affirmed greater) Date:April 09,2009 Outlook:Negative Action:Affirmed Effective Date:April 09,2009 Denotes Under Review Ratings.See rating definitions. http://www3.ambest.com/ratings/FullProfile.asp?B1=O&AMBNum=956&AItSrc=1&AItNum=&URATING... 6/9/2010 S _ DATE A� CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 1 06/(09/2 0 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoEngineers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003 Angela Forbes 15055 SW Sequoia Parkway, Suite 140 INSURERB: Travelers Property Casualty Company of Am 25674-002 Portland, OR 97224 INSURERC:Wausau Underwriters Insurance Com an 26042-001 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD' POLICY EFFECTIVE POLICY EXPIRATION LTR SR TYPEOFINSURANCE POLICY NUMBER DATE IMMMDUM DATE(MM/DDMCW LIMITS A x GENERAL LIABILITY 660533D1564TIL10 3/31/2010 3/31/2011 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOEa occurence $ 100,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 5 000 PERSONAL BADVINJURY $ 11000,000 GENERAL AGGREGATE $ 2.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY F7 JE O- LOC B X AUTOMOBILE LIABILITY 810532D8375TIL10 3/31/2010 3/31/2011 COMBINEDSINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident)dent) ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHERTHAN AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ OCCUR E� CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ C WORKERS CORS'LIATIONILIT WCJZ91451667010 3/31/2010 3/31/2011 X TORY LIMITS OER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 11000,000 If es,describe under SPECWas PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 4/28/2010 WITH ID: 14134584 Re: 4025-003 WA Stop Gap, USL&H and Maritime Employers Liability Endorsement included under Workers' Compensation coverage evidenced above. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Tigard Wall REPRESENTATIVES. 1120 SW 5th Avenue, R.L. 1000 AUT ESENTAT Portland, OR 97204 ACORD 25(2009/01) Coll:3037940 Tpl:1063707 Cert:14290791 ©1988-2009ACORDCORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD WI11IS CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 1 06/0DATE 9/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoEnginsers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003 Angela Forbes 15055 SW Sequoia Parkway, Suite 140 INSURERS: Travelers Property Casualty Company of Am 25674-002 Portland, OR 97224 1 INSURERC:Wausau Underwriters Insurance Company 26042-001 INSURER D: INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Severability of interest is included under General Liability. City of Tigard Wall is added as an Additional Insured as respects General Liability and Auto Liability policies. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Coll:3037940 Tp1:1063707 Cert:14290791 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Coll:3037940 Tpl:1063707 Cert:14290791 F�ATE"IDWYYYY) A CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 04/28/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoEngineers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003 Angela Forbes 15055 SW Sequoia Parkway, Suite 140 INSURERS: Travelers Property Casualty Company of Am 25674-002 Portland, OR 97224 INSURERC:Wausau Underwriters Insurance Company 26042-001 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR NDD' TYPEOFINSURANCE POLICYNUMBER PATE MMDDIYYY POLICY ATE MMXDpRATION LIMITS A GENERAL LIABILITY 660533D1564TIL10 3/31/2010 3/31/2011 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaoccurenw $ 100,000 CLAIMSMADE �OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2.000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X1 POLICY JECOT LOC B AUTOMOBILE LIABILITY 810532D8375TIL10 3/31/2010 3/31/2011 COMBINED SINGLE LIMIT X ANYAUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Perperson) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ C WORKERS CORS'LIATIONILIT WCJZ91451667010 3/31/2010 3/31/2011 X TORY RUTS °ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1 -000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 4025-003-02 This certificate voids and replaces any and all certificates previously issued on or after 03/31/2010. WA Stop Gap, USL&H and Maritime Employers Liability Endorsement included under Workers' Com ensat'on coveracre evidenced above CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Tigard Wall/Hall Intersection Improvements REPRESENTATIVES. 1120 SW 5th Avenue, Rm. 1000 AU ESENTA Portland, OR 97204 ACORD 25(2009/01) Coll:3000130 Tp1:1063707 Cert:14134584 ©1988-2009ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD W1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 1 04/2DATE 8/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoEngineers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003 Angela INSURERS: Travelers Property CasualtyCompany of Am 25674-002 bes 15055 SWW Sequoia Parkway, Suite 140 equ Portland, OR 97224 INSURERC:Wausau Underwriters Insurance Company 26042-001 INSURER D: INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Tigard Wall is added as an Additional Insured as respects General Liability policy. Coll:3000130 Tp1:1063707 Cert:14134584 r . Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Co11:3000130 Tp1:1063707 Cert:14134584 Terra Insurance Company - - (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE DATE 01/01/10 NAME AND ADDRESS OF INSURED GeoEngineers,Inc. 15055 SW Sequoia Parkway, Suite 140 Portland,OR 97224 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 210019 01/01/10 12/31/10 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Library Arsenic Investigation Contract 4025-003-02 CANCELLATION If the described policy is cancelled by the Company before its expiration date,the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Tigard Attn: Mark VanDomelen 13125 Sw Hall Blvd., Tigard,OR 97223 UJ aza President ,r- Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE DATEA RISK RETENTION GROUP .01/01/11 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 15055 SW Sequoia Parkway, Suite 140 Portland, OR 97224 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to,all the terms,exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE' 211019 01/01/11 12/31/11 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE ,I PROJECT DESCRIPTION - Library Arsenic lnvestigatiori"Contract-- — —�- --- -- ——-— 4025-003-02 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY:_ TERRA INSURANCE COMPANY (A Risk Retention Group) City of Tigard Attn: Mark VanDomelen 13125 Sw Hall Blvd., Tigard, OR 97223 President