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AMEC Foster Wheeler ~ C150071 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (TMS FORMMUSTACCOMPANYEVERYCONTRACT) �� f Contract Title: Hunziker Industrial Core Fall Street):Environmental Narrativice-Numbe l Contractor A.M£,C: Contract Total: 514,000 Contract Ch ervi.ev. Retain cag eeung firm iLn1EC co write an environmental narrative consistent with the extiectation of the US Depattrrient of Commerce requirement for a EDA Public Works grant. Initial Risk Level: ❑ Lxtteme ❑ High ❑Moderate x Lov. Risk Reduction Steps: Risk Comments: Risk Signatate: Contract 1%,Ianager: Lloyd Purdy Ext 2442 Department: CD Type: ❑ Purchase,,*eement Personal Service ❑ General_Service ❑ Public Improvement ❑ IGA Other: .. Statt Date: 6/15/2015 End Date:6/29/2015 Quutes/Bids/Proposal: FIRM AMOUNT/SCORE Direct Appointment $14,000 Account Stung. Fund-Division-Account Work Order-Activity'Ty,Fe Amount FY 14/15 100-3700-54001 Environmental Narrative $14.000 FY FY FY FY Approvals - LCRB Date: Department Comments: Department-Signature: Purchasing Comments: Purchasing Signature: .� Cit.),lfanaget Comments: City Manager Signature_ After securing all required approvals,forward original copy to the Contracting and Purchasing Of j"tce along with a completed Contract Checklist. Contract Numbe)c— CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT HUNZIKER INDUSTRIAL CORE INFRASTRUCTURE ENVIRONMENTAL NARRATIVE THIS AGREEMENT, made and entered into this 3d day of June, 2015, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Amec Foster Wheeler, whose authorized representative is Jennifer Kuiper, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2014-2015 fiscal year budget provides for engineering services related to the Hunziker Industrial Core Infrastructure Environmental Narrative project;and 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 engineering services for the project described in this Agreement, 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 relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire,unless otherwise terminated or extended, upon completion of the work or June 30, 2015,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred,except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of Fourteen Thousand and No/100 Dollars ($14,000.00) without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee 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 monthly. Payment by the City shall release the City from any further obligation for payment to the 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. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit B of this contract for minor project additions and/or alterations. A 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. E. 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. F. 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 2 1 P a g e manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. 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 as well as storage device such as thumb drive or sd card in "DVX'G" 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 nor 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 project director, 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 31 Page (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. 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 shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. G. Engineer is not an officer,employee,or agent of the City as those terms are used in ORS 30.265, 7. Indemnity 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 agrees and shall indemnify, defend, save and hold harmless the City of Tigard,its officers, employees,agents,and representatives 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 in performance of this contract at both trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies.. 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 agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives 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- 4 1 P a g L ub-4IPagc consultants, agents or employees in performance of professional services under this agreement. Any 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. 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 in performance of this contract. 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 in performance of this contract. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising 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 (CG 2010 1185 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 $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 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 any actual or alleged negligent act, error or omission in the rendering of or failure to render Professional Services. Combined single limit per claim shall not be less than $2,000,000, or the equivalent. Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made"form. C. Commercial Automobile Insurance Engineer shall also obtain,at Engineer's expense,and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an 51Pagc "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract, the Contractor shall obtain,at Contractor's expense,and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. 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$1,000,000 each accident. E. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. Coverage will be endorsed to provide a"per project"aggregate. F. Extended Reporting Coverage 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. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-`'II" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The CitS-reserves the right in its sole discretion to determine whether self-insurance is adequate. 61 Page 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 effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. 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. K. 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. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. 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 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 map be established by City,under any of the following conditions: 7 1 Pge 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 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 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 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. 12. Method and Place of Giving Notice, Submitting Bills and Maldng 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: 8 1 P a g e CITY OF TIGARD AMEC FOSTER WHEELER Attn: Lloyd Purdy Attn: Jennifer Kuiper Address: 13125 SVC'Hall Blvd. Address: 7376 SW Durham Road _ Tigard,Oregon 97223 Portland,Oregon 97224 Phone: (503) 718-2442 Phone: (503) 639-3400 Email: lloydpna bard-or.gov Email: (Contact person's email) 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 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 the 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 vho individually, or through members of his/her same firm, 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 seven (7) 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-vide 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 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. 91Pag.. 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 659A.142, 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's Project Manager may authorize extra (and/or change) work. Failure of Engineer 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 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 279A,279B,and 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 pro posal 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 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. 101Page 25. Complete Agreement This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 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. CI O TIG AMMEEC FOSTER WHEELER By: By:Authorized C tractor Representative Date Date 111 Page EXHIBIT A SCOPE OF SERVICES The Engineer shall render professional engineering services as described below: TASK ONE: KICK OFF MEETING Engineer's representatives shall meet with the City to go over the preliminary project design, obtain available materials and information on the project, and conduct a visit to the project with City staff. At this time,the City and Engineer can further define the work scope as needed or make additional adjustments to complete the work by the June 30,2015 deadline. TASK TWO:INFORMATION REVIEW AND RESEARCH Engineer shall review information obtained from the City and support that information with additional research that supports preparation of the Environmental Narrative. Specifically, Engineer completes the following: Beneficiaries. Engineer will work with the City to detern-line any existing or future businesses or developments that would benefit from the proposed project. Project Description. Engineer will review existing project information and proposed construction and alternatives to the proposed project, as supplied by the City. Engineer anticipates that the City will provide project description as well as methods the City will employ to reduce adverse impacts from construction and any mitigation measures that would be implemented to minimize impacts to environmental resources. Historic/Archaeological Resources. Engineer will identify through publicly available databases, known historic/archeological resources within or adjacent to the project Site that are either listed on the National Register of Historic Places or are considered to be of local or State significance and perhaps eligible for listing on the National Register. In the narrative, Engineer will discuss the potential impacts of the project on culturally significant resources and provide a determination as to whether there will be: no historical properties/culture resources present; no historical properties/culture resources adversely affected; or historical properties/culture resources adversely impacted. Engineer understands that consultation with SHPO is not required until the application to EDA has been deemed complete. Affected Environment. Engineer will preliminarily identify potential direct, indirect, and cumulative impacts from the proposed project, based on preliminary design and the City's information on similar projects. General mitigation measures will be summarized for the following resource areas: • Affected Area. Engineer will evaluate the topography, historic land usages, unique geological features, and economic history of the Site and vicinity. Engineer will document the Site with photographs. • Shorelines, Estuaries, Beaches and Dunes. The Site is not located within or adjacent to any shorelines,beaches, dunes, or estuaries and is not located within a designated coastal zone subject to the Coastal Zone Management Act. • Wetlands. Engineer will research the local and national wetlands inventories online and any information provided by the City,to identify the potential for wetlands to be within the project area. 121 Pag. • Floodplains. Engineer will prepare a map showing the FEMA designated floodplain and the project location and boundaries, existing and proposed project components, and location of all sites and/or companies benefiting from the proposed project. • Vegetation and Wildlife Resources. Engineer will review Oregon state databases to identify native vegetation and wildlife found in the project area,including describing the amount and type of vegetation in the project area and any impact to vegetation if removed. Engineer vill identify any designated State and National Parks,National Wildlife Refuges, or National Game Preserves located on or in the vicinity of the proposed project activities. • Endangered Species. Engineer will review Oregon state databases for threatened, endangered, and candidate species located in the project area and its immediate vicinity. If such species are present, Engineer will identify these species' potential or existing habitat, and critical habitat designations in the project area. • Land Use and Zoning. Engineer will describe the present formal zoning designation and current land use of the specific project site and adjacent land parcels, based on information provided by the City. Because the project design is preliminary in nature, it is not anticipated that the location of construction activities and adjacent areas would be finalized. • Solid Waste Management. Engineer anticipates that the City will provide a Standard Operating Procedure (SOP) or similar document that describes how the City typically manages solid waste generated during project construction. Engineer will use this information to determine the types and quantities of solid wastes to be produced by the project facilities and primary beneficiary. • Hazardous or Toxic Substances. Engineer anticipates that the City will provide an SOP or similar document that describes how the City will manage hazardous or toxic substances used or produced by the proposed project. Engineer will utilize this information and information regarding how these substances will be stored,used,or disposed during the project construction. • Water Resources. Engineer understands that the City will provide general information regarding water utilities at or near the project Site. Engineer will determine if there will be discharges to surface water and whether the receiving surface water body is listed on the United States Environmental Protection Agency's (EPA) Section 303(d)list of impaired waters. • Water Supply and Distribution System. Engineer will collect general information about water and distribution system in the project area. • Wastewater Collection and Treatment Facilities. The City will provide Engineer with information that addresses wastewater collection and treatment facilities. Because the project is in preliminary design stages, we do not anticipate that discharges associated with the project development can be appropriately calculated. However,general information can be provided. • Environmental Justice (Executive Order 12898). Engineer will research whether the proposed project will result in disproportionate adverse human health or environmental impacts relative to minority and low income populations. • Transportation (Streets, Traffic, and Parking). Engineer understands that Trammell Crow Development completed a traffic study as part of its proposed project located in the Site vicinity. It is our understanding that the City will forward this information to Engineer when received so that transportation information can be evaluated and included in the Environmental Narrative for the EDA. • Air Quality. Engineer will research the general types and quantities of air emissions produced by similar City projects and will include these in the Environmental Narrative. Where appropriate,we will provide preliminary measures that could be used to mitigate adverse impacts. 13 Page • Noise Pollution. Engineer will research general information on how the operation of similar Cit; project developments would increase local ambient noise levels,if any. • Permits. Engineer will determine what Federal, State, or local permits of an environmental nature may be needed for the project (e.g., USACE,US Environmental Protection Agency (EPA), Coastal Zone Management/Shoreline Management, Air Quality, State Environmental Policy Act, NPDES, etc.) and the status of any such permits. Public Notification/Controversy. Engineer anticipates that the City vill provide evidence of the community's awareness of the project, such as newspaper articles or public notification and/or public meetings, as applicable. If the City has conducted a formal public hearing, Engineer requests that the City provide a copy of the transcript for inclusion in the Environmental Narrative to EDA. Engineer anticipates that the City will fully describe any public controversy or objections which have been made concerning this proposed project and discuss steps taken to resolve such objections. Direct, Indirect, and Cumulative Effects. Engineer anticipates that the City will assist in preparing a list of public and private projects that have occurred or will occur in the past,present, and future in and around the project area that could result in significant cumulative or indirect impacts when considered in aggregate with the proposed EDA project. Engineer will identify the direct and indirect effects of the proposed project including which resources, ecosystems, and human communities are affected; and which effects on these resources are important from a cumulative effects perspective. TASK THREE: PREPARATION OF ENVIRONMENTAL NARRATIVE Engineer will prepare the Environmental Narrative in accordance with EDA's guidance. The Environmental Narrative will describe all of the information obtained through performance of the work scope. Documentation to be submitted with the Environmental Narrative may include the following: • USGS topographic map and Site map • FEMA floodplain map v-ith map number • Applicant Certification Clause • SHPO/THPO preliminary search findings • Site photographs • NWI and LWI maps or local wetland inventory maps • Correspondence with US Fish and Wildlife Service and/or National Marine Fisheries Service Engineer understands that applicants are not required to contact other governmental agencies for environmental or historical resources consultation until directed by EDA; however, once the EDA selects the City with a Non-Binding Commitment letter,Engineer understands that the City may request assistance in consultations with agencies. PROJECT ASSUMPTIONS In preparing this scope of work Engineer makes the following assumptions: • Public notification and outreach is not part of our scope of work; • An Environmental Impact Statement is not included as part of this work scope; • A Finding of No Significant Impact is not included in this scope of work; • A Summary of Alternatives will be provided by the City; 141 Page • Best Management Practices to be used during construction will be provided by the City; • Mitigation measures,if applicable,will be provided by the City; • The traffic study prepared by others will be sufficient for the deliverable and no further traffic analysis is needed; • No air quality or noise modeling or monitoring will be required; • An archeological survey and/or report is not required; • Preparation of Administrative Record is not included in our scope of work; • No subsurface studies will be required SCHEDiiLE For planning purposes, it is anticipated that we can begin work upon receipt of a notice to proceed. Engineer assumes a project start date of June 1, with a draft Environmental Narrative to the City by June 28,2015. 15 1 Paan EXHIBIT B ENGINEER'S PROPOSAL 16 i Page May 29, 2015 amec Revised June 3, 2015 foster Proposal No. 15 096 wheeler City of Tigard 13125 SW Hall Boulevard Tigard OR 97223 Attention: Mr. Lloyd Purdy, Economic Development Manager Subject: Revised Proposal for Environmental Assistance Wall Street Infrastructure Improvement Project Tigard, Oregon Dear Mr. Purdy: Per your request, Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler) submits this proposal to assist the City of Tigard (City) in preparing an Environmental Narrative as part of its application to the Economic Development Administration (EDA)for the planned improvements to SW Wall Street in Tigard, Oregon (Site). Our work will be completed in compliance with EDA's Environmental Narrative work scope found in EDR Directive 17.02-2. PROJECT UNDERSTANDING Amec Foster Wheeler understands that the road improvement project includes water line, sewer line, stormwater, and road improvements. Based on our conversation with EDA representatives, the information provided in the Environmental Narrative will be used by EDA to prepare an Environmental Assessment (EA) for the project. Further conversations with you indicate that because the work planned by the City is preliminary in nature, not all of the information within the standard EDA Environmental Narrative may be as detailed as preferred. However, it is our understanding that EDA has indicated that where in-depth analysis is required, more general information on the project affects or information from similar projects may be utilized to prepare the narrative. SCOPE OF WORK Amec Foster Wheeler proposes the following scope of work, which responds to specific elements of the Environmental Narrative as required by EDA. Based on our conversations with you, we understand that the City will provide some information, as indicated where appropriate, below. Amec Foster Wheeler will conduct the following research to support preparation of the Environmental Narrative. Amec Foster Wheeler Environment&Infrastructure,Inc. 7376 SW Durham Road Portland,Oregon USA 97224 Tel+1 (503)639-3400 Fax+i (503)620-7892 www.amecfw.com KAProposah2015\Portland\15 096 City of Tigard EXProposahRevision Three ProposaREnv Narradve Proposal-Rev3.don Proposal for Environmental Assessment(EA) Wall Street Infrastructure Improvement Project TASK ONE: KICK OFF MEETING Amec Foster Wheeler representatives Jennifer Kuiper and Erin Hale will meet with the City to go over the preliminary project design, obtain available materials and information on the project, and conduct a visit to the project with City staff. At this time, the City and Amec Foster Wheeler can further define the work scope as needed or make additional adjustments to complete the work by the June 30, 2015 deadline. TASK TWO: INFORMATION REVIEW AND RESEARCH Amec Foster Wheeler will review information obtained from the City and support that information with additional research that supports preparation of the Environmental Narrative. Specifically, we will complete the following: Beneficiaries. Amec Foster Wheeler will work with the City to determine any existing or future businesses or developments that would benefit from the proposed project. Project Description. Amec Foster Wheeler will review existing project information and proposed construction and alternatives to the proposed project, as supplied by the City. Amec Foster Wheeler anticipates that the City will provide project description as well as methods the City will employ to reduce adverse impacts from construction and any mitigation measures that would be implemented to minimize impacts to environmental resources. Historic/Archaeological Resources. Amec Foster Wheeler will identify through publicly available databases, known historic/archeological resources within or adjacent to the project Site that are either listed on the National Register of Historic Places or are considered to be of local or State significance and perhaps eligible for listing on the National Register. In the narrative, Amec Foster Wheeler will discuss the potential impacts of the project on culturally significant resources and provide a determination as to whether there will be: no historical properties/culture resources present; no historical properties/culture resources adversely affected; or historical properties/culture resources adversely impacted. Amec Foster Wheeler understands that consultation with SHPO is not required until the application to EDA has been deemed complete. Affected Environment. Amec Foster Wheeler will preliminarily identify potential direct, indirect, and cumulative impacts from the proposed project, based on preliminary design and the City's information on similar projects. General mitigation measures will be summarized for the following resource areas: • Affected Area. Amec Foster Wheeler will evaluate the topography, historic land usages, unique geological features, and economic history of the Site and vicinity. Amec Foster Wheeler will document the Site with photographs. 02015 Amec Foster Wheeler.FW Rights Reserved. Amec Foster Wheeler Environment& Infrastructure, Inc. Proposal No.: 15 096 May 29,2015,revised June 3,2015 K:1Proposah2015\Port1andM 096 City of Tigard EXProposaRRevision Three Proposal\Env Narrative Proposal-Rev3.docx Page 2 Proposal for Environmental Narrative Wall Street Infrastructure Improvement Project • Shorelines, Estuaries, Beaches and Dunes.The Site is not located within or adjacent to any shorelines, beaches, dunes, or estuaries and is not located within a designated coastal zone subject to the Coastal Zone Management Act. • Wetlands.Amec Foster Wheeler will research the local and national wetlands inventories online and any information provided by the City, to identify the potential for wetlands to be within the project area. • Floodplains. Amec Foster Wheeler will prepare a map showing the FEMA designated floodplain and the project location and boundaries, existing and proposed project components, and location of all sites and/or companies benefiting from the proposed project. • Vegetation and Wildlife Resources. Amec Foster Wheeler will review Oregon state databases to identify native vegetation and wildlife found in the project area, including describing the amount and type of vegetation in the project area and any impact to vegetation if removed. Amec Foster Wheeler will identify any designated State and National Parks, National Wildlife Refuges, or National Game Preserves located on or in the vicinity of the proposed project activities. • Endangered Species. Amec Foster Wheeler will review Oregon state databases for threatened, endangered, and candidate species located in the project area and its immediate vicinity. If such species are present, Amec Foster Wheeler will identify these species' potential or existing habitat, and critical habitat designations in the project area. • Land Use and Zoning. Amec Foster Wheeler will describe the present formal zoning designation and current land use of the specific project site and adjacent land parcels, based on information provided by the City. Because the project design is preliminary in nature, we do not anticipate that the location of construction activities and adjacent areas would be finalized. • Solid Waste Management. Amec Foster Wheeler anticipates that the City will provide a Standard Operating Procedure (SOP) or similar document that describes how the City typically manages solid waste generated during project construction. Amec Foster Wheeler will use this information to determine the types and quantities of solid wastes to be produced by the project facilities and primary beneficiary. • Hazardous or Toxic Substances. Amec Foster Wheeler anticipates that the City will provide an SOP or similar document that describes how the City will manage hazardous or toxic substances used or produced by the proposed project. Amec Foster Wheeler will utilize this information and information regarding how these substances will be stored, used, or disposed during the project construction. • Water Resources.We understand that the City will provide general information regarding water utilities at or near the project Site. Amec Foster Wheeler will determine if there will be Amec Foster Wheeler Environment& Infrastructure, Inc. 02015Amec Faster Wheeler.AllRights Reserved. May 29,2015, Revised June 3,2015 Proposal No.: 15 096 Page 3 K:\Proposa1\2015\Port1and\15 096 City of Tigard EXProposaKRevision Three Proposal\Env Narrative Proposal-Rev3.dom Proposal for Environmental Assessment(EA) Wall Street Infrastructure Improvement Project discharges to surface water and whether the receiving surface water body is listed on the United States Environmental Protection Agency's (EPA) Section 303(d) list of impaired waters. • Water Supply and Distribution System. Amec Foster Wheeler will collect general information about water and distribution system in the project area. • Wastewater Collection and Treatment Facilities. The City will provide Amec Foster Wheeler with information that addresses wastewater collection and treatment facilities. Because the project is in preliminary design stages, we do not anticipate that discharges associated with the project development can be appropriately calculated. However, general information can be provided. • Environmental Justice (Executive Order 12898). Amec Foster Wheeler will research whether the proposed project will result in disproportionate adverse human health or environmental impacts relative to minority and low income populations. • Transportation (Streets, Traffic, and Parking). Amec Foster Wheeler understands that Trammell Crow Development completed a traffic study as part of its proposed project located in the Site vicinity. It is our understanding that the City will forward this information to Amec Foster Wheeler when received so that transportation information can be evaluated and included in the Environmental Narrative for the EDA. • Air Quality. Amec Foster Wheeler will research the general types and quantities of air emissions produced by similar City projects and will include these in the Environmental Narrative. Where appropriate, we will provide preliminary measures that could be used to mitigate adverse impacts. • Noise Pollution. Amec Foster Wheeler will research general information on how the operation of similar City project developments would increase local ambient noise levels, if any. • Permits. Amec Foster Wheeler will determine what Federal, State, or local permits of an environmental nature may be needed for the project (e.g., USACE, US Environmental Protection Agency (EPA), Coastal Zone Management/Shoreline Management, Air Quality, State Environmental Policy Act, NPDES, etc.) and the status of any such permits. Public Notification/Controversy. Amec Foster Wheeler anticipates that the City will provide evidence of the community's awareness of the project, such as newspaper articles or public notification and/or public meetings, as applicable. If the City has conducted a formal public hearing, Amec Foster Wheeler requests that the City provide a copy of the transcript for inclusion in the Environmental Narrative to EDA. Amec Foster Wheeler anticipates that the City will fully describe any public controversy or objections which have been made concerning this proposed project and discuss steps taken to resolve such objections. ®2015Amec Foster Wheeler.All Flights Reserved. Amec Foster Wheeler Environment&Infrastructure, Inc. Proposal No.: 15 096 May 29,2015,revised June 3,2015 K:\Proposa1\2015\Por11and\15 096 City of Tigard EA\ProposeARevision Three Proposal\Env Narrative Proposal-Rev3.docx Page 4 Proposal for Environmental Narrative Wall Street Infrastructure Improvement Project Direct, Indirect, and Cumulative Effects. Amec Foster Wheeler anticipates that the City will assist in preparing a list of public and private projects that have occurred or will occur in the past, present, and future in and around the project area that could result in significant cumulative or indirect impacts when considered in aggregate with the proposed EDA project. Amec Foster Wheeler will identify the direct and indirect effects of the proposed project including which resources, ecosystems, and human communities are affected; and which effects on these resources are important from a cumulative effects perspective. TASK THREE: PREPARATION OF ENVIRONMENTAL NARRATIVE Amec will prepare the Environmental Narrative in accordance with EDA's guidance. The Environmental Narrative will describe all of the information obtained through performance of the work scope. Documentation to be submitted with the Environmental Narrative may include the following: • USGS topographic map and Site map • FEMA floodplain map with map number • Applicant Certification Clause • SHPO/THPO preliminary search findings • Site photographs • NWI and LWI maps or local wetland inventory maps • Correspondence with US Fish and Wildlife Service and/or National Marine Fisheries Service Amec Foster Wheeler understands that applicants are not required to contact other governmental agencies for environmental or historical resources consultation until directed by EDA; however, once the EDA selects the City with a Non-Binding Commitment letter, Amec Foster Wheeler understands that the City may request assistance in consultations with agencies. PROJECT ASSUMPTIONS In preparing this scope of work Amec Foster Wheeler makes the following assumptions: • Public notification and outreach is not part of our scope of work; • An Environmental Impact Statement is not included as part of this work scope; • A Finding of No Significant Impact is not included in this scope of work; • A Summary of Alternatives will be provided by the City; • Best Management Practices to be used during construction will be provided by the City; Amec Foster Wheeler Environment& Infrastructure, Inc. 02015 Amec Foster Wheeler.All Rights Reserved. May 29,2015,Revised June 3,2015 Proposal No.: 15 096 Page 5 K:\Proposal\2015\Portland\15 096 City of Tigard EXProposal\Revision Three Proposal\Env Narrative Proposal-Rev3.docx Proposal for Environmental Assessment(EA) Wall Street Infrastructure Improvement Project • Mitigation measures, if applicable, will be provided by the City; • The traffic study prepared by others will be sufficient for the deliverable and no further traffic analysis is needed; • No air quality or noise modeling or monitoring will be required; • An archeological survey and/or report is not required; Preparation of Administrative Record is not included in our scope of work; • No subsurface studies will be required; and SCHEDULE For planning purposes, we anticipate that we can begin work upon receipt of a notice to proceed. Amec Foster Wheeler assumes a project start date of June 1, with a draft Environmental Narrative to the City by June 28, 2015. FEES The fees for our services will be on a time-and-materials basis based on the rates included in the attached Schedule of Charges. The total fee for the services outlined above is estimated to be $11,500.00, as apportioned below. Staff to Support the Task 1 Task 2 Task 3 Environmental Kick-Off Data Review Assessment Rate Meeting and Research Environmental Amount Narrative Senior QC Review $147 4 $ 588 Project Manager/ $123 4 60 20 $ 10,332 Lead Analysts(2) Administrative Assistant $75 4 $ 300 GIS $70 4 $ 280 Total Labor 4 64 28 $ 11,500 The fee estimate will be valid for a period of 90 days from the date of this proposal. Our fee does not include the Optional Tasks as described in this proposal. This fee estimate also does not include additional services or work requested by the City of Tigard, EDA, or by controlling public agencies during the review process. ®2015AmecFoster Wheeler.All Rights Reserved. Amec Foster Wheeler Environment& Infrastructure, Inc. Proposal No.: 15 096 May 29,2015,revised June 3,2015 KAProposa1120151Port1and115 096 City of Tigard EXProposel\Revision Three ProposaKEnv Narrative Proposal-Rev3.docx Page 6 Proposal for Environmental Narrative Wall Street Infrastructure Improvement Project AUTHORIZATION Our environmental services will be performed in accordance with the terms and conditions of The City of Tigard's standard contract for services. We appreciate the opportunity to submit this proposal and would be pleased to continue supporting City of Tigard in the preparation of NEPA-compliant documentation of these important capital projects. Please contact me at your earliest convenience if you have any questions or comments regarding the scope or fees of the outlined services. Sincerely, Amec Foster Wheeler Environment & Infrastructure, Inc. Reviewed by: - ��—�-wQ—t.. ,•�i� � ''� r r fes..:-�_ Erin Hale, PWS Jennifer Kuiper, RG Project Manager Senior Project Manager Attachments: Rate Schedule JCK/ay Amec Foster Wheeler Environment& Infrastructure, Inc. ®2015AmecFoster Wheeler.All RightsReserved. May 29,2015,Revised June 3,2015 Proposal No.: 15 096 Page 7 K:\Proposal\2015\Portland\15 096 City of Tigard EA\ProposahRevision Three ProposaREnv Narrative Proposal-Rev3.docx ATTACHMENT Amec Foster Wheeler Environment&Infrastructure rr_. PORTLAND RATE SCHEDULE The hourly labor rates set forth below are valid through December 31,2015 and are subject to annual revision thereafter. Amec Foster Wheelerwill provide CLIENT thirty days advance written notice of any such revisions. CLIENT agrees to reimburse Amec Foster Wheeler at one and one half times or two times the associated rate/hour for non-exempt staff when Amec Foster Wheeler is required by statute to pay the associated overtime premium.The hourly labor rates set forth below are valid from January 1,2015 and are subject to 3%annual escalation thereafter. PROFESSIONAL SERVICES CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by professionals at the following classifications and associated hourly labor rates. For expert witness testimony and related services in connection with litigation,CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by professionals at the following classifications,but at one and one half times the associated hourly labor rates. Classification Rate/Hour Classification Rate/Hour Professional Level 5 $75.00 Professional Level 17 $145.00 Professional Level 6 $80.00 Professional Level 18 $150.00 Professional Level 7 $85.00 Professional Level 19 $165.00 Professional Level 8 $90.00 Professional Level 20 $170.00 Professional Level 9 $95.00 Professional Level 21 $175.00 Professional Level 10 $105.00 Professional Level 22 $180.00 Professional Level 11 $110.00 Professional Level 23 $185.00 Professional Level 12 $115.00 Professional Level 24 $195.00 Professional Level 13 $120.00 Professional Level 25 $205.00 Professional Level 14 $125.00 Professional Level 26 $220.00 Professional Level 15 $130.00 Professional Level 27 $240.00 Professional Level 16 $140.00 Professional Level 28 $240.00 TECHNICIAN SERVICES CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by technicians at the following classifications and associated hourly labor rates.Overtime rates will apply for time over 8 hours per day or for work on weekends and holidays. Classification Rate/Hour Classification Rate/Hour Technician Level 8 $45.00 Technician Level 16 $85.00 Technician Level 9 $47.50 Technician Level 17 $90.00 Technician Level 10 $55.00 Technician Level 18 $95.00 Technician Level 11 $60.00 Technician Level 12 $65.00 Technician Level 13 $70.00 Technician Level 14 $75.00 Technician Level 15 $80.00 ADMINISTRATIVE SERVICES CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by administrative staff at the following classifications and associated hourly labor rates.Overtime rates will apply for time over 8 hours per day or for work on weekends and holidays. Classification Rate/Hour Classification Rate/Hour Administrative Level 5 $55.00 Administrative Level 9 $75.00 Administrative Level 6 $60.00 Administrative Level 10 $80.00 Administrative Level 7 $65.00 Administrative Level 11 $85.00 Administrative Level 8 $70.00 Administrative Level 12 $90.00 MISCELLANEOUS EXPENSES-6%of Labor Charges CLIENT agrees to reimburse Amec Foster Wheeler for miscellaneous office equipment expenses incurred,such as consumable supplies,telephone&facsimile charges,photo processing,and small tools,etc.,not otherwise invoiced as other direct expenses,at the rate of 6%of labor. OTHER DIRECT EXPENSES CLIENT agrees to reimburse Amec Foster Wheeler for all other direct expenses incurred at the following rates,except as otherwise specified by Amec Foster Wheeler in its proposal: Travel Expenses:Transportation (mileage,air travel,car rental,etc.),lodging,meals,& incidental expenses Cost plus 15% Mileage-Subject to Change $0.67 per mile Subcontract Expenses:Supplies or services fumished to Amec Foster Wheeler in support of project activities by any supplier or firm,except temporary agency or consultant staff charged at Cost plus 15% Direct Expenses:Other expenses in support of project activities Cost Plus 15% UC130H-Portland Rate Schedule