HomeMy WebLinkAboutPK08-073 - Original - GeoEngineers, Inc. - Tran Property Assessment - 01/08/2008 r,Records
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: G e,6
Contract Number: 7-3
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Vendor Number:
Project Name: r a v- �rb v- � 55e� 55wj,''�f-
Contract Effective Date: U ` o z
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amen ment
Contract Manager:
Department:
Abstract:
ADCL7832 07/02
GeoEnginee
J A N - 4 2008
KENT
CONSULTANT SERVICES AGRE�MENT - _----
between the City of Kent and,
GeoEngineers
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineers organized under the laws of the State of Washington, located and
doing business at 1101 Fawcett Avenue #200, Tacoma, WA 98402; 253-383-41�940, 253-383-4923 (hereinafter
the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Perform an environmental site assessment at the Tran property located at 310 Naden Ave South
in Kent as described in the consultant's proposal dated December 28, 2007 attached and
incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time thdse services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. U'on the effective date of this
Agreement, Consultant shall complete the work described in Section I by Janua 25,2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six
Thousand Five Hundred Dollars ($6,500.00) for the services described in this Agreement.
This is the maximum amount to be paid under this Agreement for t e work described in Section I
above, and shall not be exceeded without the prior written authorization of the City in the form
of a negotiated and executed amendment to this agreement. T e Consultant agrees that the
hourly or flat rate charged by it for its services contracted for her in shall remain locked at the
negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agree ent. The City shall provide
CONSULTANT SERVICES AGREEMENT- 1
(Under$10,000)
I
1
a+
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Under$10,000)
IX. EXCHANGE OF INFORMATION. The Citywill rovi a its best efforts to provide
P �
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal ex sure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for dam ges arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and atto ey's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
CONSULTANT SERVICES AGREEMENT-3
(Under$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
_-ZBy: By:
(signature) (signature)
Print Name: Print Name: Jeff Watling
Its: #5soe 1 Am Its: Director
(Title) (Title)
DATE: -0-4-it/• V D-ad DATE: I IS IDB
CONSULTANT SERVICES AGREEMENT-4
(Under$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SF�'NT TO:
CONSULTANT: CITY OF KENT:
GeoEngineers Brian Levenhagen
Kevin Broom City of Kent
1101 Fawcett Ave#200 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
253-383-4940 (telephone) (253) 856-5116 (teleph ne)
253-383-4923 (facsimile) (253) 856-6050 (facsi ile)
Tran Property
III
li
CONSULTANT SERVICES AGREEMENT-5
(Under$10,000) -
x
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of :14 Q 2008.
By:
For: C2 65t &A)G-,1 Al�S 1 -77!VC .
Title: / - 56 0- 7
Date: A/• QQ
EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conforml to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2, Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract ,and subject to suspension or
termination for all or part of the Agreement.
I
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers suubject to these regulations are
familiar with the regulations and the City's equal employment opportunityy policy.
2. Monitoring to assure adherence to federal, state and local laws,policies a d guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I,the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 92008.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
X &
�I
GEOENGINEERS�
December 28,2007
City of Kent
Parks, Recreation&Community Services
220 Fourth Avenue South
Kent, Washington 98032-5895
Attention: Brian Levenhagen
Subject: Proposal
Phase I Environmental Site Assessment
Tran Property
Kent, Washington
File No.0410-161-00
I
INTRODUCTION
GeoEngineers is pleased to present this proposal to perform a Phase I Environmental Site Assessment
(ESA) of the Tran Property located at 310 Naden Ave South in Kent, Washi gton (King County tax
parcel number: 6000000050). This proposal was requested by Brian Levenha en of the City of Kent
(City) on December 19, 2007. We understand that the City is in the process of purchasing the property
and is conducting this ESA as specified in the purchase and sale agreement(Sect on 4[d][ii])between the
City(buyer)and Hoang Tran(seller),dated November 15,2007. We further understand that the results of
this Phase I ESA will be used as part of City's evaluation of potential environmental liabilities associated
with property ownership and future redevelopment.
SCOPE OF SERVICES
The purpose of this Phase I ESA is to identify recognized environmental 11 conditions' (RECs) in
connection with the property. Our scope of services is in general accordance�nd
with American Society
for Testing and Materials (ASTM) Standard E 1527-05 for Phase I ESAs the EPA's Federal
Standard 40 CFR Part 312 "Standards and Practices for All Appropriate lnquirioIs (AAI)." The scope of
services described below will be completed by, or under the direction of, an environmental professional
as described in Federal Standard 40 CFR. Michael Hutchinson, LG, LHG will be the Associate in charge
of this project and Kevin Broom, LG, will be the project manager. Both Mr. Hut hinson and Mr. Broom
are Environmental Professional as defined in the regulations;
f Recognized Environmental Conditions are defined in ASTM E 1527-05 as"the presence or likel�presence of any hazardous
substances or petroleum products on a property under conditions that indicate an existing release,1 a past release,or a material
threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground,
groundwater or surface water of the property. The term includes hazardous substances or pe oleum products even under
conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a
material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if
brought to the attention of appropriate governmental agencies."
Earth Science+Technolo� � tot S �a
�t gy �. ,i �� 1 WCett Aue telephone 253.383.4940
Snite 20I faeslmile 253.383.4923 j
Tacoma,WA 98402 websne www.ge0en88aeera.eom
City of Kent
December 28,2007
Page 2
Our specific scope of services for the Phase I ESA is as follows:
1. Review readily available geotechnical reports, environmental reports and/or other relevant
documents pertaining to environmental conditions at the subject site.
2. Review the results of a federal, state, local and tribal environmental database search provided by
an outside environmental data service for listings of sites with known or suspected environmental
conditions on or nearby to the subject property within the search distances specified by ASTM.
3. Review regulatory agency files regarding listed sites of potential environmental concern relative
to the subject site.
4. Identify a key site manager with specific knowledge of past and present site use and request that
the key site manager meet a GeoEngineers' representative on site for an interview during the
visual site reconnaissance and/or an interview by phone if they are not available during the site
reconnaissance. Identify and interview others familiar with the site use and history, as available
and appropriate. If the property has multiple occupants we will attempt to interview
representatives of occupants that we believe likely use, store, treat, handle or dispose of
hazardous substances now or in the past.
a. Interview current owners or occupants of neighboring properties only as necessary to gather
information or fill site use data gaps regarding the subject property or if the subject property
is abandoned and no owner or occupant interviews can be conducted.
b. Interview past owners and occupants of the subject property only as necessary to gather
information or fill site use data gaps regarding site use history.
5. Interview a representative of the local fire department, health department, and/or the Washington
State Department of Ecology (Ecology) or other state agency as necessary to gather information
or fill data gaps regarding the history of the subject site and surrounding properties relative to the
likely presence of hazardous substances.
6. Review historical aerial photographs, fire insurance maps, building department records, city
directories, chain-of-title reports, land use and tax assessor records, as available and appropriate,
to identify past development history on and adjacent to the site relative to the possible use,
generation, storage, release or disposal of hazardous substances. Attempt to identify uses of the
site from the present to the time that records show no apparent structures on the site, back to the
time the property was first used for residential, agricultural, commercial, industrial or
governmental purposes,or back to 1940,whichever is earlier.
7. Identify data gaps relative to site historical use and our research.
8. Review current USGS topographic maps to identify the physiographic setting of the site and
provide a statement on the local geologic, soil and groundwater conditions based on our general
experience and sources such as geologic maps and soil surveys.
9. Conduct a visual reconnaissance of the site and adjacent properties to identify visible evidence of
RECs.
10. Identify the source(s) of potable water for the site and current heating and sewage disposal
system(s)used at the site, if any,and their age if readily available
11. Provide a written summary of the Phase I ESA results and identified RECs along with our
opinion and recommendations regarding the potential for contamination by hazardous substances
at the site and the significance of any data gaps identified.
File No 0410-161-00 GEOENGiNEERU
w
City of Kent
December 28,2007
Page 3
We request that you complete the brief questionnaire at the end of this proposal a d provide a copy of the
completed questionnaire to us as soon as possible.
Our scope of services does not include an environmental compliance audit,an ev luation for the presence
of lead-based paint, biological pollutants (including mold), polychlorinated bi henyls (PCBs) in light
ballasts, radon, lead in drinking water, asbestos-containing building materials, gther hazardous building
materials, or urea-formaldehyde insulation in on-site structures. Soil, surface) water or groundwater
sampling and chemical analysis, are not included as part of this scope of servic s. If requested, we can
provide additional information regarding these services.
We request that you provide the names and phone numbers of key individuals with knowledge of site use
history, a map showing the boundaries of the subject site and tax ID numbers for parcels included within
the site. Additionally, we request that you provide us with the following helpful information, if readily
available,prior to the start of our study: (1)copies of any past environmental site),assessment and/or audit
reports; (2)environmental permits; (3)registrations for underground and abov -ground storage tanks;
(4)material data safety sheets for hazardous substances used or stored on-site (if any); (5)community
right-to-know plans pertaining to the site; (6)safety plans pertaining to on-s�te facilities; (7)reports
regarding geotechnical and/or hydrogeologic conditions; (8)notices of environmental violations and/or
environmental liens or property use restrictions;(9)title,report;(10)specialized knowledge or experience
and commonly known information you are aware of regarding the site and related environmental
conditions; and (11)explanation for any significant difference between purchase price and market value,
if the site is not known to be contaminated.
SCHEDULE,TERMS AND BUDGET
Our services will be completed within approximately two weeks after receiving authorization to proceed.
The time that it takes to complete a Phase I ESA is highly dependent on the availability of required
information from outside sources. We can modify our schedule to meet your needs.
Our services will be completed in accordance with the terms contained in our General Conditions,which
are attached and form a part of this agreement. Please review the terms of this agreement carefully and
advise us if you have any questions. Note specifically that our professional liability is limited to$50,000
for this project.
The fee for our services will be determined on a time and expense basis using the rates contained in our
Schedule of Charges, which also is attached and forms a part of this agreement. a estimate that our fee
for the services outlined above will be approximately $6,500. We will not xceed our fee estimate
without your prior authorization. We will keep you informed of project status an advise you if it appears
appropriate to modify the scope and budget.
Authorization to proceed with our proposed services and your acceptance of t e scope of services and
terms and conditions contained herein may be provided by signing in the appr priate space below and
returning one signed copy of this proposal to our office,or by your preferred met od.
LIMITATIONS
GeoEngineers' Scope of Services specifically excludes the investigation, detecti n, or assessment of the
presence of Biological Compounds that are deemed Pollutants in or around anylstructure. Accordingly,
our report will not include interpretations, recommendations, findings, or conch.sions for the purpose of
File No 0410-161-00 GEoENGINEER�
I
City of Kent
December 28,2007
Page 4
detecting, assessing, or abating Biological Pollutants. The term "Biological Pollutants" includes, but is
not limited to,molds,fungi,spores,bacteria,and viruses,and/or any of their byproducts.
Our services are for the exclusive use of the City of Kent and their authorized agents. No other party may
rely on the product of our services unless we agree in advance to such reliance in writing. This is to
provide our firm with reasonable protection against open-ended liability claims by third parties with
whom there would otherwise be no contractual limits to their actions.
Any Third Party requesting the right to place legal reliance on the instruments of service produced by
GeoEngineers under this agreement shall be required by GeoEngineers to sign a Third Party Reliance
Agreement. The Agreement shall include a requirement for third party to agree to the same limitations in
scope as stated in the proposal to, and contract with Client, and in the Report(s), and a limitation in
liability in the amount of$50,000. The Third Party may negotiate a higher limitation of liability for an
additional sum determined by GeoEngineers.
File No.0410-161-00
GEOENGINEERird
City of Kent
December 28,2007
Page 5 j
We appreciate the opportunity to assist you with this project. Please call i you have any questions
regarding this submittal.
Respectfully Submitted,
GeoEngineers,Inc.
Kevin MW
room, Mic ael E.H tchins{on,LG,LHG
i
KMB MEH gb
TACO\0\0410161\ OWmals\0410161OOP doc
I
Attachments: Phase I ESA User Questionnaire
2007 General Conditions(Standard)
2008 Schedule of Charges
Client's oral authorization to initiate services shall be considered by both part�les as formal acceptance of
all terms and conditions of this Agreement unless different terms from those represented in the i
Agreement are introduced by Client prior to commencement of services.
This proposal is valid for a period of 60 days commencing from the first date)listed above and subject to
i
renegotiation by GeoEngineers,Inc.,after the expiration date.
The scope of services and terms described herein are accepted and GeoEngineers, Inc. is authorized to
proceed.
City of Kent By
Organization ' ignature
Date N Printed
'Individual with contracting authority and responsible for payment of GcoEngmcers,Inc services
Disclaimer. Any electronic form, facsimile or hard copy of the original document (email, text, table, andlor figure), if provided, and any
attachments are only a copy of the original document 'Ile original document is stored by GeoEngin ,I.e.and will serve as the official
document of record.
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 GeoEngineere 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.
i
Copyright02007 by GeoEngineers,Inc All i ights reserved
I
i
File No 0410-/61-00 GEOENGINEER�
I
PHASE I ESA USER QUESTIONNAIRE
To enable us to complete the Phase I ESA and for the user of this report to be potentially eligible for one or
more of the federal landowner liability protections, please complete the questionnaire below and provide the
additional information requested.
1. Are you aware of any environmental cleanup liens against the property that are filed or recorded under
federal,tribal and state or local law?
❑YES ❑NO 5 DON'T KNOW Explain:
2. Are you aware of any Activity and Use Limitations (AULs), such as engineering controls, land use
restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a
registry under federal,tribal,state or local law?
❑YES ®NO ❑ DON'T KNOW Explain:
3. As the user of this Phase I ESA do you have any specialized knowledge or experience related to the
property or nearby properties? For example are you involved in the same line of business as the current
or former occupants of the property or an adjoining property so that you would have specialized
knowledge of the chemicals and processes used by this type of business?
❑YES M NO ❑ DON'T KNOW Explain:
4. Does the purchase price being paid for this property reasonable reflect the fair market value of the
property?
N YES ❑NO ❑ DON'T KNOW Explain:
a. If you conclude that there is a difference between the purchase price and fair market value and you
answered NO above, have you considered whether the lower purchase price is because
contamination is known or believed to be present at the property?
❑YES ❑NO ❑ DON'T KNOW Explain:
5. Are you aware of commonly known or reasonably ascertainable information about the property that
would help us identify conditions indicative or releases or threatened releases? For example,
a. Do you know the past uses of the property?
❑YES ❑NO W DON'T KNOW Explain:
b. Do you know of specific chemicals that are present or once were present on the property?
❑YES ❑NO IN DON'T KNOW Explain:
c. Do you know of spills or other chemical releases that have taken place at or near the property?
❑YES ❑NO J@ DON'T KNOW Explain:
d. Do you know of any environmental cleanups that have taken place at or near the property?
❑YES ❑NO N DON'T KNOW Explain:
6. Based on your knowledge and experience related to the property, are there any obvious indicators that
point to the presence or likely presence of contamination at the property?
❑YES ❑NO M DON'T KNOW Explain:
Name of Person Completing this orm. f►w�► LEJC4 t/t Date-
' Z
Name of Organization. ,Ty Of fA J
File No 0410-161-xx Page i
GEOENGINEERirdl;
i
List of Requested Information,if Available
• Names and phone numbers of key individuals with knowledge of site use history.
• A map showing the boundaries of the subject site.
• Tax ID numbers for parcels included within the site.
• Copies of any past environmental site assessment and/or audit reports or risk sessment studies.
• Environmental permits
• Registrations for underground and above-ground storage tanks(if any).
• Material data safety sheets for hazardous substances used or stored on site(if any).
• Community right-to-know plans pertaining to the site.
• Safety plans pertaining to on-site facilities.
• Reports regarding geotechnical and/or hydrogeologic conditions.
• Notices or other correspondence from any government agency relating to past or current violations of
environmental laws with respect to the property or relating to environmental liens encumbering the
property.
• Recorded Activity Use Limitations(AULs)
• Title Report
I
Name of Person Completing this Form. Date
Name of Organi.:ation
File No 0410-161-xx Page 2
GEOENGINEER
GENERAL CONDITIONS
DEFINITIONS Additionally, the Client shall furnish, at the Client's expense, all
The words and phrases listed below have the following meanings when used information, requirements, reports, data,surveys, and instructions required
in this Agreement by this Agreement GeoEngmeers may use such information,requirements,
reports, data, surveys and instructions in performing the services and is
"Agreement" means the complete agreement between Client and entitled to rely upon their accuracy dlnd completeness
GeoEngmeers, and consists of'all of the following i) The Proposal,
including the Scope of Services contained within it, 2)These General
Conditions and its attached Schedule of Charges, as applicable, 3) Any PERMITS AND AGENCY ARR NGEMENT
documents expressly incorporated by reference into the Proposal or General If included in the Scope of Services, GeoEngmeers will assist Client in
Conditions,4)Any modifications to this Agreement, if mutually agreed to applying for necessary permits and licenses Client may, upon written
by the parties in writing acceptance by GeoEngmeers, designate GeoEngmeers as its agent for the
purposes of drafting permit and/or license applications GeoEngmeers'
"Client" means the al(s) or entity that has entered into this agency authority under this arrangement shall be limited solely to the
Agreement with GeoEnggmeersmeers i
completion and submission of th e permit and/or license applications
"GeoEngineers"means GeoEngmeers,Inc,a Washington corporation,and GeoEngmeers will rely upon data collected by and information provided by
any of its employees, officers and directors GeoEngmeers is sometimes Client in preparing the applications GeoEngmeers shall not be responsible
referred to as"us,""we"or"our"throughout this Agreement for errors or inaccuracies contained in data and information supplied by
"Hazardous Materials" means any toxic substances, chemicals, Client Client shall assume full responsibility for reviewing,understanding
radioactivity,pollutants or other materials,in whatever form or state,known and signing all permit and license applications drafted by GeoEngmeers
or suspected to impair the environment in any way whatsoever Hazardous Client waives any claim against GeoEngmeers relating to errors or
Materials include, but are not limited to, those substances defined, inaccuracies in data and informatioin provided by Client and permit-related
designated or listed in any federal,state or local law,regulation or ordinance project delays caused by other partaes,including,but not limited to Client,
concerning hazardous wastes,toxic substances or pollution project opponents,and permitting or licensing agencies
"Scope of Services" means the sum total of all of our activities and all of
the Instruments of Service undertaken or provided pursuant to this RIGHTS OF ENTRY
Agreement Client will provide for right of entry and any authorizations needed for us to
"Excluded Services" means those services that we are not providing under enter upon property to perform our Services under this Agreement
this Agreement, which includes any services recommended to Client and
which Client chooses not to include in our Scope of Services SURFACE AND SUBSURFACE DISTURBANCE
GeoEngmeers will take reasonablee precautions to minimize surface and
INTEGRATED WRITTEN AGREEMENT subsurface disturbance However,in the normal course of exploratory work
This Agreement represents the entire and integrated agreement between some surface disturbance may occur,the restoration of which is not part of
Client and GeoEngmeers and supersedes all prior communications, this Agreement unless specifically included in our Scope of Services
negotiations, representations or agreements, either written or oral between
the parties No agreement or understanding varying or extending this DISCOVERY OF HAZARDOUS MATERIALS
Agreement shall bind either party, other than by a subsequent written "Unanticipated hazardous materials"are any hazardous materials that may
agreement,signed by Client and GeoEngmeers exist at the project site, but which this Agreement does not identify as
present and whose existence is not reasonably anticipated The discovery of
STANDARD OF CARE AND WARRANTY DISCLAIMER unanticipated hazardous materials will constitute a changed condition that
GeoEngmeers will endeavor to perform its professional services with that will require renegotiation of the Scope of Services or termination of this
degree of care and skill ordinarily exercised under similar conditions by Agreement
professional consultants practicing in the same discipline at the same time The discovery of unanticipated hazardous materials may necessitate that we
and location No warranty or guarantee,either express or implied, is made take immediate protective measures if we discover unanticipated hazardous
or intended by this Agreement or by any report opinion,or other Instrument materials, we will notify Client as soon as practicable Based on our
of Service provided pursuant to this Agreement professional judgment,we may also implement protective measures in the
field Client will pay the cost of any such additional protective measures
CLIENT FURNISHED INFORMATION AND OBLIGATIONS Client is responsible for reporting releases of hazardous substances to
Client will provide GeoEngmeers with the following a description of the appropriate government agencies as required by law
property,the locations ofany underground utilities,facilities or structures on Client waives any claim against GeoEngineers relating to the discovery of
or adjacent to the property which could impact our work,and the nature and unanticipated hazardous materials land will indemnify GeoEngmeers to the
location of any known or suspected hazardous materials that may exist on extent provided in the INDEMNIFICATION section of these GENERAL
the property Client understands that GeoEngmeers is not responsible for CONDITIONS
damages to underground utilities,facilities or structures known by Client to
exist and not specifically or correctly identified to us,and Client agrees to
indemnify GeoEngmeers for these damages to the extent provided in the UNANTICIPATED AND CHANGED CONDITIONS
INDEMNIFICATION section of these GENERAL CONDITIONS Actual subsurface conditions may vary from those encountered at the
GeoEngmeers is neither responsible nor liable for the creation,existence,or specific locations where GeoEngmeers conducts its surveys or explorations
presence of any hazardous materials,including asbestos,present at the work We can only base our site data, interpretations and recommendations on
site prior to or during the performance of this Agreement, except any information reasonably available to us Practical and reasonable limitations
hazardous materials generated solely by us,our agents or subcontractors on available data will result in some level of uncertainty,and therefore risk,
Goolvigi seer+-General C'andiUnm-Standard-3007 Page 1 of 4 GEOENGINEERi_
with respect to the interpretation of environmental, geological and boring logs for an indefinite eriod of time Other documents relating to the
geotechnical conditions even when we have followed the standard of care services performed will be re med for 10 years following submission of any
The discovery of unanticipated or changed conditions may require report produced under this Agreement We will make extra copies of the
renegotiation of the Scope of Services or termination of services Instruments of Service availa le to Client on request for a reasonable fee
GeoEngineers reserves the right to solely determine the continued adequacy Neither Client nor any other party may use the Instruments of Service for
of this Agreement in light of any discovery of conditions that were not additions or alterations to this project,or for other projects, or otherwise
reasonably anticipated or known at the time of this Agreement If we outside the scope of this Agreement,without our prior written permission
determine that renegotiation is necessary,GeoEngmeers and Client will in GeoEngmeers is not responsible for such reuse (unless such reuse is
good faith enter into renegotiation of this Agreement to permit us to expressly authorized by GeoEngmeers in writing),
Client
continue to meet Client's needs if Client and GeoEngineers cannot agree GeoEngmeers against damag s relating to su h reu a to the wexte ill eof ti
fy
� he
ATION
on new terms,we reserve the right to terminate this Agreement and receive INDEMNIFIC sechonin these GENERAL CONDITIONS
payment from Client for all services performed and expenses incurred up to
and including the date of termination Underground utilities that are not Documents that may be reli�d upon by Client are limited to the printed
properly indicated on plans and specifications provided to GeoEngineers by copies(also known as hard copies)that are signed or sealed by us Files in
others or not reasonably located by the utility owner will be considered a electronic media format of text,data, graphics, or of other types that are
changed condition under this clause furnished by GeoEngmeers to Client are only for the convenience of
GeoEngmeers and Client Any conclusion or information obtained or
SITE SAFETY derived from such electronic files will be at the user's sole risk
GeoEngmeers will maintain a safety program for our employees Data stored inelectronic dia for can deteriorate or be modified
GeoEngineers specifically disclaims any authority or responsibility for inadvertently or otherwise GeoEngmeers shall not be responsible to
general job site safety and for the safety of persons who are not employed by maintain documents stored in electronic media When transferring
documents in electronic m
us GeoEngmeers is not responsible for the job safety or site safety of the edia format, we make no representations as to
general project and is not responsible for compliance with safety programs long-term compatibility, usability, or readability of documents resulting
and related OSHA and state regulations that apply to other entities or from the use of software �pphcation packages, operating systems, or
persons Client is independently responsible for requiring that its computer hardware differing from those used by us
construction or remediation contractors take responsibility for general job We shall not be responsible or any alterations,modifications or additions
site safety made in the electronic dataj the Client or any reuse of the electronic data
by the Client or any other parity for this project or any other project without
CONSTRUCTION AND REMEDIATION OBSERVATION our consent, Client shall defend, indemnify and hold us harmless against
The conclusions and recommendations for construction or remediation in any claims,damages or losses arising out of the reuse of the electronic data
without our written consent and arising out of alterations,modifications,or
our reports are based on limited sampling and the interpretations of variable
additions to the electronic da subsurface conditions Therefore, our conclusions and recommendations t made anyone other than GeoEngmeers L
shall be deemed preliminary unless or until we are requested by Client to the extent of the INDEMIFICATiON section in these GENERAL
CONDITIONS
validate our assumptions and finalize our conclusions and recommendations
by reviewing preconstruction design documents and observing actual All documents, including the electronic files that are transferred by us to
construction or remediation activities on site If our Scope of Services does Client are instruments of S rvice of GeoEngmeers and created for this
not include preconstruction plan review and construction/remediation Project only,and no representation or warranty is made, either express or
observation, then any reliance by Client or any other parry on our implied,concerning the files a d data
preliminary assumptions,conclusions or recommendations is at the risk of
that party and without liability to GeoEngineers BILLING AND PAYMENT
Our job site activities do not change any agreement between Client and any We will bill for our services monthly Payment is due on receipt of the
other party Only Client has the right to rejector stop work of its contractors invoice unless otherwise agreed to in writing Client will notify
or agents Our presence on site does not in any way guarantee the GeoEngmeers within 20 days lof receipt of invoice of amounts in dispute A
completion,quality or performance of the work by any other party retained service charge of 1-1/2%per month shall apply to any undisputed amounts
by Client to provide field or construction/remediation services We are not that are more than 30 calendar days past due and amounts in dispute where
responsible for,and do not have control or charge of,the specific means, Client has not notified GeoE grneers within the 20-day period In addition
methods,techniques,sequences or procedures of construction or remediation to any past due amount, Clint will pay ail of our reasonable expenses
selected by any contractor or agent of Client necessary for collection of any past due amounts including,but not limited
to,attorneys' fees and expenses,filing fees, hen costs and our staff time
SAMPLE RETENTION AND DISPOSAL Collection efforts for past duelamounts by GeoEngmeers shall not be subject
We will discard nonhazardous samples 60 days after they are obtained, to the DISPUTES clause of th se GENERAL CONDITIONS
unless Client makes prior arrangements to store or deliver the samples Without incurring any liability to Client we may either suspend or terminate
Samples containing hazardous materials regulated under federal, state or this Agreement if Client fails�o pay any undisputed invoice amounts within
local environmental laws are the property and responsibility of Client 60 calendar days of the invoice date,or if Client states its intention not to
Client will arrange for lawful disposal, treatment and transportation of Pay forthcoming invoices Sch suspension or termination will not waive
contaminated samples at Client's expense,unless Client makes other written any other claim against Client. Following such suspension or termination,
agreements regarding their disposal. we may resume work by mu uaI agreement after payment by Client of all
outstanding invoiced amounts nd collection expenses
INSTRUMENTS OF SERVICE Payment of invoices shall not be subject to any discounts or set-offs by the
Reports,field data,laboratory data,analyses,calculations,estimates,designs Client, unless agreed to i writing by GeoEngineers Payment to
and other documents prepared by GeoEngineers are Instruments of Service GeoEngineers for services re red and expenses incurred shall be due and
and remain our property We will retain final reports, aerial photos and payable regardless of any s bsequent suspension or termination of this
Agreement by either party Payment to GeoEngmeers shall not be withheld,
I
Geolsngmeen+-(;eneral('ondaioni-Jlandard-1007 Page 2 of j
GEOENGINEERird
postponed or made contingent on the construction,completion or success of and the Client agrees to make no claim for any delay or damage as a result of
the project or upon receipt by the Client of offsetting reimbursement or such suspension caused by Client's breach ofthis Agreement
credit from other parties
DELAYS
ADJUSTMENT FOR INCREASED COSTS The Client agrees that GeoEngmeers is not responsible for damages arising
GeoEngmeers reserves the right to invoice Client for additional charges directly or indirectly from any delays for causes beyond GeoEngineers'
incurred in the event of an unanticipated increase in project-related taxes, control Such causes include,but are not limited to,strikes or other labor
fees or similar levies, or if GeoEngmeers must modify project-related disputes, severe weather disruptions or other natural disasters, fires, riots,
services,facilities or equipment to comply with new laws or regulations or terrorist acts, wars or other emergencies or acts of God, failure of any
changes to existing laws or regulations that become effective after execution government agency to act in a timely manner,failure of performance by the
of this Agreement Client or the Client's Contractors or other Consultants,or unanticipated
GeoEngmeers revises its Schedule of Charges annually Therefore, we discovery of any hazardous substances or differing site conditions In
reserve the right to modify our Schedule of Charges applicable to our addition, if the delays resulting from any such causes increase the cost or
services if performance of this Agreement extends beyond 12 months,or if time required by GeoEngmeers to perform its services in an orderly and
changes in the project schedule result in our services extending into the next efficient manner,GeoEngmeers shall be entitled to an equitable adjustment
calendar year in schedule and/or compensation
SCOPE OF SERVICES AND EXCLUDED SERVICES INDEMNIFICATION
Our engagement under this Agreement includes only those services specified GeoEngmeers will indemnify and hold the Client harmless from and against
in the Scope of Services any claims,liabilities,damages and costs(including reasonable attorney fees
and costs of defense) arising out of death or bodily injury to persons or
Client agrees it will not hold us liable and expressly waives any claim damage to property to the extent proven to be caused by or resulting from
against GeoEngmeers for not performing additional services that Client the sole negligence of GeoEngmeers,its agents or its employees For any
instructed us not to perform,not performing additional services that were not such claims, liabilities, damages or costs caused by or resulting from the
specifically requested by Client and agreed to by both parties, and not concurrent negligence of GeoEngmeers and other parties, including the
performing recommended additional services that Client has not authorized Client,the duty to indemnify shall apply only to the extent of GeoEngmeers'
us to perform proven negligence
TERMINATION OF SERVICES The Client will defend, indemnify and hold GeoEngmeers, including its
subsidiaries and affiliates, harmless from and against any and all claims
Termination for Cause (including without limitation, claims by third parties and claims for
Either party may terminate this Agreement upon at least seven (7)days economic loss), liabilities, damages, fines, penalties and costs (including
written notice, in the event of substantial failure by the other party to without limitation reasonable attorney fees and costs of defense)arising out
perform in accordance with this Agreement through no fault of the of or in any way related to this project or this Agreement, provided that
terminating party. Such termination is not effective if the failure is cured Client's indemnification obligations for death or bodily injury to persons or
before expiration of the period specified in the written notice Upon damage to property shall not apply to the extent of the proven negligence of
termination for cause by either party,all invoices for services performed up GeoEngmeers,its officers,agents and employees
to the date oftermination are immediately due and payable Client's indemnification obligation shall include, but is not limited to,all
Termination for Convenience claims against GeoEngmeers by an employee or former employee of Client,
Either party may terminate this Agreement for convenience upon 14 days and Client expressly waives all immunity and limitation of liability under
written notice to the other In the event that Client requests early termination any industrial insurance act, worker's compensation act, disability benefit
of our services for convenience, we reserve the right to complete such act,or employee benefit act of any jurisdiction which would otherwise be
analyses and records as are necessary to place our files in order and to applicable in the case of such claim. Client's waiver of immunity by the
complete a report on the services performed to date Charges for these provisions of this paragraph extends only to claims against GeoEngmeers by
termination activities are in addition to all charges incurred up to the date Client's current or former employees and does not include or extend to any
of termmation claims by Client's employees or former employees directly against Client
By entering into this Agreement, Client acknowledges that this
SUSPENSION OF SERVICES Indemnification provision has been reviewed,understood and is a material
part of the Agreement,and that Client has had an opportunity to seek legal
If the project or GeoEngmeers' services are suspended by the Client for advice regarding this provision
more than thirty(30)calendar days,consecutive or in the aggregate,over the
term of this Agreement,GeoEngineers shall be compensated for all services
performed and reimbursable expenses incurred prior to the receipt of notice LIMITATION OF REMEDIES
of suspension In addition,upon resumption of services, the Client shall GeoEngmeers'aggregate liability responsibility to Client,including that of
compensate GeoEngmeers for expenses incurred as a result of the our subsidiaries and affiliates, officers,directors,employees and agents, is
suspension and resumption of its services,and GeoEngineers'schedule and limited to $50,000 or the amount of GeoEngineers' fee under this
fees for the remainder of the project shall be equitably adjusted Agreement, whichever is greater This limitation of remedy applies to all
If GeoEngmeers' services are suspended for more than ninety (90)days, lawsuits,claims or actions,whether identified as arising in tort,contract or
consecutive or in the aggregate, GeoEngmeers may terminate this other legal theory, (including without limitation, GeoEngmeers' indemnity
Agreement subject to the terms in the "Termination for Convenience" obligations in the previous paragraph) related to our services under this
clause Agreement and any continuation or extension of our services
If the Client is in material breach of this Agreement(including if Client desires a higher limitation,GeoEngineers may agree, at Client's
g ( g payment), request, to increase the limitation of remedy arnount to a greater sum in
GeoEngmeers may suspend performance of services upon seven(7)calendar exchange for a negotiated increase in our fee Any additional charge for a
days notice to the Client GeoEngmeers shall have no liability to the Client,
Geolinginee rs-General C'ondmom-Standard--1007 Page 3 of 4 G7 EOENG I N EE R
higher limit is consideration for the greater risk assumed by us and is not a `Biological Pollutants"includes,but is not limited to,molds,fungi,spores,
charge for additional professional Lability insurance Any agreement to bacteria,and viruses,and/or any of their byproducts
increase the limitation of remedy amount must be made in writing and Our Instruments of Service will not include any interpretations,
signed by both parties in advance of the provision of services under this recommendations, findings or conclusions pertaining to Biological
Agreement Pollutants Accordingly, Client agrees that GeoEngmeers will have no
By entering into this Agreement,Client acknowledges that this Limitation of liability for any claims alleging a�failure to investigate,detect, prevent,
Remedies Clause has been reviewed, understood and is a material part of assess, or make recommendations for preventing, controlling, or abating
this Agreement,and that Client has had an opportunity to seek legal advice Biological Pollutants Furthermore,Client agrees to defend,indemnify,and
regarding this provision hold harmless GeoEngmeers from All claims by any third party concerning
Biological Pollutants to the extent of the INDEMNIFICATION section in
INSURANCE these GENERAL CONDITIONS
GeoEngmeers maintains Workers'Compensation and Employer's Liability
Insurance as required by state law We also maintain comprehensive CLAIMS ASSISTANCE FOR CLIENT
general,auto,professional and environmental impairment liability insurance If a construction contractor or other party files a claim against Client,
We will provide copies of certificates evidencing these policies at the relating to services performed by GeoEngmeers and Client requires
request of the Client additional information or assistance to evaluate or defend against such
claims,we will make our personnel available for consultation with Client's
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES staff and for testimony,if necessary We will make such essential personnel
In no event will either party be liable to the other for any special,indirect, available upon reasonable notice From Client and Client will reimburse
incidental or consequential damages of any nature arising out of or related to GeoEngmeers for such consultation or testimony,including travel costs,at
the performance of this Agreement, whether founded in negligence, strict the rates that apply for other sen?ices under this Agreement We will
liability,warranty or breach ofcontract In addition,Client expressly waives provide services in connection with any such claims pursuant to a written
any and all claims against GeoEngmeers for any liquidated damages Lability supplement,if necessary,extending this Agreement
that may be incurred by or assessed against Client
TIME BAR TO LEGAL ACTION
DISPUTES The parties agree that all legal acttons by either party against the other
Except for claims by GeoEngmeers to collect past due amounts owing from concerning our services pursuant to this Agreement or for failure to perform
the Client,the parties to this Agreement must refer any dispute,controversy in accordance with the applicable standard of care,however denominated,
or claim arising out of or relating to this Agreement or its breach to will become barred two (2)years From the completion of GeoEngmeers'
mediation before pursuing any other dispute remedy services
Any dispute,claim or controversy not resolved in mediation will be decided NO THIRD PARTY RIGHTS
in binding arbitration in accordance with the Construction Industry Rules of
the American Arbitration Association at its offices closest to the project site, Nothing in this Agreement or as a consequence of any of the services
unless the parties mutually agree to some other dispute resolution forum provided gives any rights or benefits to anyone other than Client and
GeoEngmeers All duties and responsibilities undertaken pursuant to this
Client expressly agrees that before Client can bring a claim or cause of Agreement are for the sole and exclu3ive benefit of Client and GeoEnguteers
action against GeoEngmeers as provided above, based on professional and not for the benefit of any other party No third party shall have the right
negligence or breach of the professional standard of care,Client will obtain to rely on the product of GeoEngi eers' services without GeoEngmeers'
the wntten opinion of a licensed or registered professional practicing in the prior written consent and the third pa 's agreement to be bound to the same
same licensing jurisdiction as the project in dispute The professional who terms and conditions as the Client
prepares the written opinion must be licensed or registered in the discipline
or technical specialty that is the basis for the dispute The written opinion of ASSIGNMENT OF CONTRACT OR CLAIMS
the licensed or registered professional must indicate that inthe professional Neither the Client nor GeoEngmeers may delegate,assign,sublet,or transfer
opinion of the writer,GeoEngmeers violated the prevailing standard of care the duties, interests or responsibilities set forth in this Agreement,or any
in delivery of its services Further,the written opinion must describe the cause of action or claim relating I to the services provided under this
basis for that opinion and a conclusion that the alleged failure to comply Agreement,to other entities without the written consent of the other party
with the standard of care was the cause of all or part of the alleged damages
The written opinion must be made available to GeoEngmeers for review and SURVIVAL
comment at least 10 days before the claim or cause of action can be
submitted to arbitration The parties agree that this clause was mutually These terms and conditions survive the completion of the services under this
negotiated and is an integral part of the consideration for this Agreement Agreement and the termination of this Agreement,whether for cause or for
convenience
CHOICE OF LAW AND PREVAILING PARTY RIGHTS
This Agreement is governed by and subject to interpretation pursuant to the SEVERABILITY
laws of the State of Washington The prevailing parry in any arbitration or If any provision of this Agreement is ever held to be unenforceable, all
litigation will be entitled to recover reasonable attorneys' fees,legal costs, remaining provisions will continue in full force and effect Client and
arbitration fees and other claim-related expenses,including reasonable fees GeoEngmeers agree that they will attempt in good faith to replace any
for the time of its personnel unenforceable provision with one thfit is valid and enforceable,and which
conforms as closely as possible with�he original intent of any unenforceable
BIOLOGICAL POLLUTANTS provision
Our Scope of Services specifically excludes the investigation, detection,
prevention or assessment of the presence of Biological Pollutants The term
Geolingineers-General Conditions-Standaril2007 Page 4 of 4 urd
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:
Professional Staff
Scientist 1 $ 85/hour
Engineer 1 $ 95/hour
Scientist 2 $ 105/hour
Engineer 2 $ 112/hour
Scientist 3 $ 122/hour
Engineer 3 $ 128/hour
Project Scientist 1 $ 140/hour
Project Engineer 1 $ 145/hour
Project Scientist 2 $ 145/hour
Project Engineer 2 $ 150/hour
Senior Engineer/Scientist 1 $ 160/hour
Senior Engineer/Scientist 2 $ 170/hour
Associate $ 180/hour
Principal $ 200/hour
Senior Principal $ 225/hour
Technical Support Staff
Administrator 1 $ 65/hour
Technician $ 65/hour
Administrator 2 $ 70/hour
CAD Technician $ 75/hour
Administrator 3 $ 75/hour
Senior Technician $ 80/hour
CAD Designer $ 85/hour
CAD Design Coordinator $ 90/hour
Lead Technician $ 95/hour
Applied and Information Technology Staff
Staff Analyst/Developer 1 $ 96/hour
Staff Analyst/Developer 2 $ 116/hour
Staff Analyst/Developer 3 $ 134/hour
Project Analyst/Developer 1 $ 152/hour
Project Analyst/Developer 2 $ 158/hour
Senior Analyst/Developer 1 $ 171/hour
Senior Analyst/Developer 2 $ 182/hour
Associate Analyst/Developer $ 193/hour
Principal Analyst/Developer $ 214/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.
N Mhedu/e,�J(7inrges700A6S�hedu/e Redmnml-7nummd00Ndnc Page/Of l GEOENGINEERS�
Equipment SCHEDULE OF CHARGES-2008(CONTINUED)
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 j 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 i$ 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 quest.
OTHER SERVICES,SUPPLIES AND SPECIAL TAXES
Charges for services,equipment,supplies and facilities not furnished in accordance with the abo schedule,and any unusual
items of expense not customarily incurred in our normal operations,are charged at cost plus 15 p rcent.This includes
shipping charges,subsistence,transportation,printing and reproduction,miscellaneous supplies nd rentals,surveying
services,drilling equipment,construction equipment,watercraft,aircraft,and special insurance w ich may be required.Taxes
required by local jurisdictions for projects in specific geographic areas will be charged to projects t direct cost.
Routinely used field supplies stocked in-house by GeoEngineers,at current rates,list available up 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 As ociated Project Costs(APC).
Per diem may be charged in lieu of subsistence and lodging.
All rates are subject to change upon notification.
N L&hedu/es rf Charges1200V;ckdode&dmam/-%ncnmo-1008d(x Page 2 of GEOENGINEERSrd
LABORATORY SCHEDULE OF CHARGES — 2008
Type of Test Unit Price
Soil Index and Classification Tests
Soil Description(ASTM D2488-90) $ 12
Moisture Content
Oven(ASTM D2216-90) $ 16
Moisture/Density
Rings $ 25
Shelby Tubes,waxed chunk $ 40
Tubes(liners),chunk $ 40
Particle Size Analysis
Percent Passing No.200(D1140-54) $ 50
Sieve(ASTM D422-63,C136-95a includes minus 200 Wash,Dry Sieve) $ 85
Hydrometer Only(ASTM D422-63,minus#10 fraction) $ 115
Combined Sieve and Hydrometer(ASTM D422-63) $ 185
Organic Content(ASTM D2974) $ 60
Specific Gravity(ASTM D854-83) $ 55
Shrinkage Factor(ASTM D4943-95) $ 70
Soil Resistivity $ 35
pH of Soil(ASTM 4972-95a) $ 35
Soluble Sulfates(US EPA 375.4) $ 35
Sulfides $ 35
Eades pH Test(to determine the percentage of lime to add to sod for lime/soil cement) $ 90
Ductile Iron Pipe Research Association 10 Point Sod Evaluation Procedure
(ANSI/ANSW C105/A21.5).Includes evaluation of resistivity,pH,Redox potential,
sulfides and moisture) $ 120
Atterberg Limits(ASTM D4318-84) $ 105
Nonpiastic $ 65
Compaction(ASTM D1557-91/D698-90,AASHTO T-180,Methods A,B and C)
1 point $ 95
3 point 190
Strength and Consolidation Tests
Vane Shear(ASTM D4648)
3 points $ 55
Direct Shear(ASTM D3080-90)
Per point $ 125
Triaxial Compression
Unconfined Comp.-UC(ASTM D2166-85) $ 90
Unconsolidated Undrained-UU(ASTM D2850-78) $ 175
Unconsolidated Undrained(back pressure saturation) $ 350
Consolidated Undrained-CU(ASTM D4767-88)with pore pressure measurement $ 500
Consolidated Drained-CD(Army Corps of Engineers EM 1110-2-1906 Appendix X) $ 500
Consolidated Undrained or Consolidated Drained(3 points,staged) $ 1,200
Consolidation(ASTM D2435-90
With 2 timed load increments $ 450
Additional timed load increments,each $ 40
One-Dimensional Swell(ASTM D4546-90)
Methods and B $ 350
Method C $ 600
CBR, 1 point with Proctor(ASTM D1883-87) $ 325
Additional points,each $ 85
N ISchahles ,f Chfmgv02W84Vd;ehdv-1sb'Inside C'hnq;es Red-2008doc Page I oft GEoENGINEERSr"17
LABORATORY SCHEDULE OF CHARGES-2008(CONTINUEp)
Type of Test Unit Price
Permeability Tests
Constant or falling head in rigid wall permeameter(ASTM D2434-68,D5856-95) $ 185
In triaxial cell with back pressure saturation(ASTM D5084 90) $ 500
Soil Sample Preparation
Extrusion-Extrude and log(visual classification)Shelby tube sample $ 35
Remolding-Remolding a soil sample to desired moisture and density $ 12-$65
Aggregate and Rock Tests
Unconfined Compression Test(ASTM D2938)
One test only 60
More than one test 50
Percent of Fracture(WSDOT 103) 50
Sand Equivalent(AASHTO T 176-86) 65
Specific Gravity,Fine/Coarse Aggregate(ASTM C127-88,C128-88) 65
Concrete,Mortar and Grout Tests"
Concrete Cyl(strip,log,cure,break,report) 25
Cast and cured,not broken 20
Cast by others(strip,log,cure,break,report) 25
Mortar Cyl(strip,log,cure,break,report) 25
Grout Cyl(strip,log,cure,break,report) 25
Grout Cubes(strip,log,cure,break,report) 20
*Please contact us regarding test procedures which are not listed or for tests on contaminated sods.Negdtlated unit rates or.hourly rates will
be charged for these procedures.
**Not WABO-certified
III
N&hed,dee_of Charge,IM0AVchedide-Lah_Inside Charges Hea200Xdx Page 2of2 GEOENGINEERS
F
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors,products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $2,000,000 general aggregate
and a$1,000,000 products-completed operations aggregate limit.
M
EXHIBIT B (Continued )
3. Professional Liability insurance shall be written vI,ith limits no less
than$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the ollowing provisions
for Automobile Liability and Commercial General Liability insuran e:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail, return receipt requested,has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to re eive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
i
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rati g of not less than
ANII.
E. Verification of Coverage
I
Contractor shall furnish the City with original certificates and a cop of the amendatory
endorsements, including but not necessarily limited to the additiona insured
endorsement,evidencing the insurance requirements of the Contrac or before
commencement of the work.
i
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All overages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor. j
I
Terra Insurance Company
(A Risk Retention Group)
Two Fifer Avenue,Suite 100
Corte Madera CA 94925
CERTIFICATE OF INSURANCE
DATEA RISK RETENTION GROUP
01/01/08
NAME AND ADDRESS OF INSURED
GeoEngineers,Inc.
1101 Fawcett Avenue, Suite 200
Tacoma, WA 98402
This certifies that the insurance policy(described below by a 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 does not alter, amend or extend the coverage afforded by that
policy.
Notwithstanding any requirement, term or condition of any contract or other document
to which this certificate may pertain, the insurance afforded by the policy is subject to
all of its terms, exclusions and conditions.
TYPE OF INSURANCE Professional Liability
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
208019 01/01/08 12/31/08
LIMITS OF LIABILITY $1,000,000 EACH CLAIM
$1,000,000 ANNUAL AGGREGATE
PROJECT DESCRIPTION
City of Kent, Geotechnical Engineering Services
West Fenwick Park-3824 Reith Road,Kent,Washington
GeoEngineers File No.: 0410-147-00
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 Kent,Parks &Open Space
Attn: Joan Broom
220 4th Avenue South
Kent,WA 98032
President