HomeMy WebLinkAboutPW08-077 - Original - GeoEngineers, Inc - S. 288th St. Grade Separation at BNSF Railway - Geotechnical Construction Monitoring - 05/06/2008 Records
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KEN T
WASHINGTON Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submis ion to City Clerks Office. All
portions are to be completed, if you have questions, please con act Mary Simmons, City
Clerks Office.
Vendor Name: GeoEnalneers, Inc.
Contract Number: &)o a - 0 7'7
This is assigned by Mary Simmons
Vendor Number:
Project Names: S. 228th St. Grade Separation at BNSF Railway
Contract Effective Date: Date of the Mayor's signature
Contract Termination Date: December 31 2010
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Pete Tenerelli
Department: Engineering
Abstract:
Provide eotechnical construction monitoring services,
Gh^ y 1 o
ADCL7832 07/02
Consultant/Address/Te ephone
Local Agency GeoEngineers, I C.
Standard Consultant 1101 Fawcett Avnue, suite 200
Agreement Tacoma, WA 98 02
9 Contact: Garry S uires
®Architectural/Engineering Agreement
❑Personal Services Agreement (253)383-4940
Agreement Number Project Title And Work Description
LA 5632 S. 228th St. Grade Separation at BNSF Railway
Federal Aid Number
DEMO-1216 (001) Provide geotechni al construction monitoring
services.
Agreement Type(Choose one)
❑Lump Sum
Lump Sum Amount $
❑Cost Plus Fixed Fee DBE Participation
Overhead Progress Payment Rate % ❑Yes ®No %
Overhead Cost Method Federal ID Number or S cial Security Number
❑Actual Cost ?1-6237984
Do you require a 1099 fo1 IRS? Completion Date
❑Actual Cost Not To Exceed % ❑Yes ®No � December 31,2010
❑Fixed Rate
Fixed Fee $
Specific Rates Of Pay Total Amount Aut orized$ 96,182.75
®
®Negotiated Hourly Rate Management ReservI Fund$
❑Provisional Hourly Rate Maximum Amount Payable$ 96,182.75
❑Cost Per Unit of Work
Index of Exhibits
Exhibit"A"-Scope of Work
Exhibit`B"-DBE Participation
Exhibit"C"-Electronic Exchange of Engineering and Other Data
Exhibit"D"-Payment(by Agreement Type)
Exhibit"E"-Consultant Fee Determination
Exhibit"F"-Breakdown of Overhead Cost
Exhibit"G"-Subcontract Work/Fee Determination
Exhibit"H"—Title VI Assurances
Exhibit"I"—Payment Upon Termination of Agreement
Exhibit"J"—Alleged Consultant Design Error Procedures
Exhibit"K"—Consultant Claim Procedures
Exhibit"L"—Liability Insurance Increase
Exhibit"M"—Certification Documents
THIS AGREEMENT,made and entered into this day of ,
between the Local Agency of City of Kent ,Washingto he emafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 6/05
WITNESSETH THAT:
WHEREAS,the AGENCY desires to accomplish the above referenced project,and
WHEREAS,the AGENCY does not have sufficient staff to meet the required co tment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the ecessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached
and incorporated and made a part hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary
to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related
equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal,State,Community,City or County officials, oups or individuals as may be
requested by the AGENCY.The AGENCY will provide the CONSULTANT suffici nt notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be greed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the w rk in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shownon the heading of this
AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to eachJEMENT.
and their certification number will be
shown on Exhibit`B"attached hereto and by this reference made a part of this A If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Fn(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan".The mandatory DBE participatoats of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Developmenineer in consultation with the
AGENCY.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by thei AGENCY shall be returned.All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT,shall b without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMEN r until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the hea ling of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attribu ble to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGEN Y,or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyon the control of the CONSULTANT.
A prior supplemental agreement issued by the AGENCY is required to extend the eq tablished completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such
payment shall be full compensation for work performed or services rendered and fo all labor,materials,supplies,
equipment,and incidentals necessary to complete the work.The CONSULTANT s 11 conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT.The need for a post audit wi 1 be determined by the State
Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit" "attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G."
The work of the sub-consultant shall not exceed its maximum amount payable unles a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs f br the sub-consultant shall be
substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment,the CONSULTANT shall comply with all pplicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under s AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create between the AGENCY and
sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a
minimum amount of their sub-contracted agreement that is established by the WSD T Highways and Local Programs
Project Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,
commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or
making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEM T price or consideration or
otherwise recover the full amount of such fee,commission,percentage,brokerage f e,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULT T'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein,s 11 be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,d g the period of the contract,any
professional or technical personnel who are,or have been,at any time during the pe 'od of the contract,in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,
without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself,its assignees and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound b the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT,and shall inclu a the attached Exhibit"H"in
every sub-contract,including procurement of materials and leases of equipment,unles exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time up n ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receip by the CONSULTANT of the
Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to(Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no fh�al payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on th part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of terminati n,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of emplo ' g another firm to complete the
work required and the time which may be required to do so,and other factors which ffect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,th termination shall be deemed to
be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member,partner or officer of the CONSULTANT or y of its supervisory personnel
assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by dw AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEME T by the CONSULTANT,or for
failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall
be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Directo of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of thi AGREEMENT;provided,
however,that if an action is brought challenging the Director of Public Works or AG NCY Engineer's decision,that
decision shall be subject to de novo judicial review.If the parties to this AGREEME T mutually agree,disputes
concerning alleged design errors will be conducted under the procedures found in Ex fibit"J",and disputes concerning
claims will be conducted under the procedures found in Exhibit"K".
XII Venue,Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedin s to enforce any right or obligation
under this AGREEMENT,the parties hereto agree that any such action shall be initi ted in the Superior court of the
State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions
shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal
from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT
hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in
which the AGENCY is located.
Page 5 of 8
All Legal Relations
The CONSULTANT shall comply with all Federal,State,and local laws and ordinan ces applicable to the work to be
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its fficers and employees harmless
from and shall process and defend at its own expense all claims,demands,or suits at 1 w or equity arising in whole or in
part from the CONSULTANT'S negligence or breach of any of its obligations under s AGREEMENT;provided that
nothing herein shall require a CONSULTANT to indemnify the AGENCY or the ST TE against and hold harmless the
AGENCY or the STATE from claims,demands or suits based solely upon the conduc of the AGENCY or the STATE,
their agents,officers and employees;and provided further that if the claims or suits an caused by or result from the
concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the.LGENCY or the STATE,their
agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence
(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to
the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethic laws,including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law,Title 51 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible or administration of construction
contracts,if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY d g contract administration.By
providing such assistance,the CONSULTANT shall assume no responsibility for:pr er construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance th the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A.Worker's compensation and employer's liability insurance as required by the ST E.
B.Commercial general liability and property damage insurance in an aggregate am�unt not less than two million
dollars($2,000,000)for bodily injury,including death and property damage.Th per occurrence amount shall
not exceed one million dollars($1,000,000).
C.Vehicle liability insurance for any automobile used in an amount not less than a ne million dollar($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Ins ce secured by the
CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall
famish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY
reserves the right to require complete,certified copies of all required insurance polici s at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty(30)days pi'or notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless odified by Exhibit"L".In no
case shall the CONSULTANT'S professional liability to third parties be limited in y way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take suc other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
XIV Extra Work
A.The AGENCY may at any time,by written order,make changes within the general cope of the AGREEMENT in
the services to be performed.
B.If any such change causes an increase or decrease in the estimated cost of,or the a required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the orde ,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable djustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order.How ever,if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitte before final payment of the
AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the ma imam amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transp 3rtation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULT and the AGENCY,Exhibit
"M-2"Certification Regarding Debarment, Suspension and Other Responsibility Matt rs-Primary Covered
Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of Fe eral Funds for Lobbying and
Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over
$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement f
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parti Is shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.N changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed t the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect.The CONSULTANT does hereby ratify and ado pt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one(1)of this AGREEMENT.
By �( / By
S u zyt It I qco6, Mayor
Consultant �� � �,� 7-NC, Agency(Lv vufk�
DOT Form 140-089 EF
Revised 6/05 Page 8 of 8
DATE
ACORD, CERTIFICATE OF LIABILITY INSURAN E page 1 of 2 F03I 29/2008
PRODUCER 8 7 7-94 5-73 7 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFER NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. _ HOLDER. THIS CERTI ICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Sox 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Geo&ngineers, Inc. INSURERA: Travelers Property Casualty Company of Am 25674-003
E924 Colby Ave. _^II:URERB Travelers Pr ert Casualty Com an of Am 25674-002
Everett, WA 98201 - _ ,ce
" J5ISIRERC-American Home Assurance Company 19380-001
INSURER D•
INSURER E•
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 73 WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONINBRE LIMITS
A GENERAL LIABILITY 630532D8375TIL07 ll/l/2007 11/l/20 8 EACH��OCCURRENCE $ 11000,000
X COMMERCIAL GENERAL LIABILITY RNEMARS Ea occurence $ 300,000
CLAIMS MADE ®OCCUR MED EXP(Anyone person) $ 5 000
X WA Stop Gap PERSONAL&ADV INJURY $ 11000,000
GENERAL AGGREGATE $ 2 0 0 0 0 0 0
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000
JECT
POLICY PRO- LOC
B AUTOMOBILE LIABILITY 810532D8375TIL07 ll/l/2007 ll/1/20 8 COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO (Es accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULEDAUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTYDAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $
ANYAUTO OTHERTHAN EAACC $
AUTOONLY: AGG $
A EXCESSNMBRELLALIABILITY CUP532DB375TIL07 ll/l/2007 ll/l/20 8 EACH OCCURRENCE $ 91000,000
X OCCUR CLAIMS MADE AGGREGATE $ 9 00O 000
DEDUCTIBLE $
RETENTION $ $
ATUC WORKERS COMPENSATION AND 2958141AOS 3/31/2007 4/7/200 g WCSTIMIT oTH-
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 11000,000
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000
N yes,describe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1 000 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESMXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: Blanket Consultants Services - All Projects.
The City of Kent and/or it's affiliates or subsidiaries are Additi nal Insureds as respects work
performed by the Named Insured for any and all Projects or contras s entered into with the City of
Kent. (Tacoma)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DI SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING NSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN
NOTICE TO THE CERTIFICATE t OLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City of Kent IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Engineering Department REPRESENTATIVES.
220 4th Avenue South Au E ESENTA
Rent, WA 98032 2Q
ACORD 25(2001/08) Coll:2306614 Tpl:702554 Cert:10465328 0 ACORD CORPORATION 1988
Page 2 of 2
I
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) mus be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such ndorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not c nstitute a contract between
the issuing insurer(s), authorized representative or producer, and the ce ificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded b the policies listed thereon.
ACORD 25(2001/08) Coll:2306614 Tpl:702554 Cert:10465328
Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1
Washington State Department of ,S'rA Employer Liability
Labor and Industries ` °" Certificate
r
r �
Department of Labor and Industries
Employer Liability Certificate
Date: 05/06/2008
UBI #: 600 375 010
Legal Business Name:
Account#: 429,351-00
'Doing Business As'Name: GEOENGINEERS INC
Estimated Workers Reported: Quarter 1 of Year 2008 "Greater than 100 Workers"
(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
License: GEOENI*110JE
Expire Date: 5/9/2009
Account Representative: T6 /SAM RIENBOLT (36 )902-4659 - Email:
RIEN235@lni.wa.gov
What does "Estimated Workers Reported" mean?
Estimated workers reported represents the number of full time position requiring at least 480
hours of work per calendar quarter. A single 480 hour position may be filled by one person, or
several part time workers.
Industrial Insurance Information
Employers report and pay premiums each quarter based on hours of employee work already
performed, and are liable for premiums found later to be due. Industrial insurance accounts have
no policy periods, cancellation dates or limitations of coverage. (See JZCW 51.12.050 and
51.16.190.)
https:Hfortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx?Accountld=4293510 &AccountManage... 5/6/2008
Exhibit A-1
Scope of Work
Project No. LA 5632
See_attacherl _
Documents To Be Furnished By The Co sultant
DOT Form 140-089 EF Exhibit A-1
Revised 6/05
A- 1
GWENGINEER�
March 24,2008
City of Kent
Public Works Department
220 4th Avenue South
Kent,Washington 98032
Attention: Peter Tenerelli
Subject: Scope and Fee Estimate
South 228s'Street BNSF Railroad Overcrossing
Kent,Washington
File No. 0410-146-01
INTRODUCTION
We are pleased to present our Scope and Fee Estimate for geotechnical construction monitoring services
for the South 228`b Street Overcrossing project. We understand you intend to authorize our services under
a City of Kent subconsultant agreement to be negotiated with GeoEngineers,Inc. The project consists of
a planned grade separation between South 228`l' Street and the Burlington Northern Santa Fe (BNSF)
railroad tracks. The project will involve constructing earth approach embankments for South 228th Street
by raising grade by up to about 38 feet to accommodate a pile-supported bri Ige and abutments.
SCOPE OF SERVICES
Our services will include consultation and attending meetings, monitoring stone column ground
improvement, drilled shaft foundation installation and MSE wall foundation bearing surfaces. We
understand the project will extend over two construction seasons.
MEETINGS
We anticipate attending weekly team meetings as necessary and appropriate during the construction
period. Our field project manager will attend routine team meetings at occur when geotechnical
elements described above that we are monitoring are in progress. The that
principal and/or senior
technical consultant will attend select meetings during these periods or when requested by the City.
GEOTECHNICAL CONSULTATION
We anticipate providing consultation during construction to address geotechnical aspects related to
contractor requests for information(RFI).
STONE COLUMN GROUND IMPROVEMENT MONITORING
Observe installation of stone column ground improvements beneath the east and west bridge approaches.
We anticipate our scope will include:
1. Attend pre-construction meeting to discuss stone column installation.
Earth science+Technology �..... 1101 s Fawcett Ave telephone 253.303.4040
spite 20,0' taeeimlle 253.383.4023
Pt
Tacoma,WA 98402 wehcne www.geconginsers.com
City of Kent
Public Works Department
March 24,2008
Page 2
2. Visit the site each day stone columns are being installed to obse a and document installation.
We will document stone column location,depth and quantity of stone aggregate installed.
3. Prepare daily field reports presenting our observations during stone column installation. We will
provide copies to the City of Kent, the General Contractor and stone column installation
contractor.
4. Perform Cone Penetrometer Tests (CPTs) to assess effecti eness of the stone column
improvement. We anticipate up to four mobilizations and two, 30-foot-deep CPTs per
mobilization will be required.
DRILLED SHAFT INSTALLATION MONITORING
Observe installation of drilled shafts for the east and west bridge abutment . We anticipate our scope will
include:
5. Attend pre-construction meeting to discuss shaft installation.
6. Visit the site each day shafts are being installed to observe and document installation. We will
document shaft location,depth and quantity of concrete placed.
7. Prepare daily field reports presenting our observations during drilled shaft installation. We will
provide copies to the City of Kent,the general contractor and the shaft installation contractor.
MSE WALL CONSTRUCTION
Observe subgrade soil and prepared foundation bearing surfaces for the MSE walls on the east and west
bridge approaches. We anticipate our scope will include:
8. Attend pre-construction meeting to discuss MSE wall construction.
9. Visit the site to observe subgrade conditions exposed before p cement of the crushed rock
'bearing pad for the wall facings. We will recommend overexcava on of unsuitable bearing soils
as necessary and appropriate.
10. Visit the site to observe prepared foundation bearing surfaces b fore placement of facing or
geogrids.
11. Review settlement monitoring data obtained during and after M E wall construction to assess
when preloading and surcharging is complete.
12. Prepare daily field reports presenting our observations during ubgrade and bearing surface
preparation. We will provide copies to the City of Kent,the gene contractor and the MSE wall
installation contractor.
WEST HILL EXCAVATION
Visit the site periodically during excavation. We will observe and commen on materials being excavated
and comment on restoration activities.
File No.0410-146-01
GEOENGINEERS
City of Kent
Public Works Department
March 24,2008
Page 3
We appreciate the opportunity of submitting this scope and fee estimate and look forward to working with
you on this project. Please call with questions or if you require additional ' formation.
Respectfully submitted,
GeoEngineers,Inc.
Garry H. Squires,PE,LG,LEG
Principal
GHS:aw tt
TACO\0\0410146\0 1\Finals\04101460 1 Scope doc
Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, tale, and/or figure), if provided, and any
attachments are only a copy of the original document The ongmal document is stored by GeoEng�neers,Inc. and will serve as the official
document of record.
Copyright®2008 by GmEngmeers,Inc. All rights reserved.
Attachments: Exhibit B 1 —Fee Estimate
Exhibit B2—Hours Sheet
Exhibit C—Audited Overhead Review
I
File No 0410-146-01 QoENGINEERU
Exhibit C
Electronic Exchange of Engineering and ther Data
In this Exhibit the agency, as applicable,is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. he format and standards to
be provided may include,but are not limited to,the following:
I. Surveying,Roadway Design&Plans Preparation Section NU'j' L}�QGG4f6 C-oe (114)
A. Survey Data /U/71
B. Roadway Design Files Allq
C. Computer Aided Drafting Files /V/q
D. Syecify the Agency's Right to Review Product with the Consultant VIE AGk/G Y /PO�//0 �C'
X1Glf?" 7a RVVi&-V PiQ4.PNGT(5) W11W 'T17W 6449 GTf%.Ar
E. Specify the Electronic Deliverables to Be Provided to the Agency /VOn/e-
F. Specify What Agency Furnished Services and Information Is to Be Provided /IJOn�E
II. Any Other Electronic Files to Be Provided /UQIU OU
III. Methods to Electronically Exchange Data
A. Agency Software Suite /l S O?CA16
B. Electronic Messaging System C-MAAL, 169�(l P/f Di✓E-
C. File Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 6/05
Exhibit D-3
Payment (Negotiated Hourly R te)
The CONSULTANT shall be paid by the AGENCY for completed work and ervices rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor,materials, supplies, equipment, and incidentals nec ssary to complete the work. The
CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY,or work done,based upon the
negotiated hourly rates shown in Exhibit"E"and"F"attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for t e first twelve(12)month
period and shall be subject to negotiation for the following twelve ( 2)month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not co ducted for the second or
subsequent twelve(12)month periods within ninety(90)days after completion of the previous
period,the rates listed in this AGREEMENT,or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify e hours billed on the
AGREEMENT.
2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimburs d at the Actual Cost to the
CONSULTANT. These charges may include,but are not limited to,the following items: travel,
printing, long distance telephone, supplies, computer charges and s b-consultant costs.
a.Subconsultant costs will include a Sub-Consultant Oversight mar -up of 4% as
allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight
Markup must be itemized on the Subconsultant Fee Determinatio - Summary
sheet attached as Exhibit G-1.
b.Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall omply with
the rules and regulations regarding travel costs(excluding air,trai ,and rental
car costs)in accordance with the AGENCY'S Travel Rules and P ocedures.
However, air,train, and rental car costs shall be reimbursed in ccordance with
48 CFR Part 31.205-46"Travel Costs."
c.The billing for Direct Non-Salary Costs shall include an itemized isting of
the charges directly identifiable with the PROJECT.
d.The CONSULTANT shall maintain the original supporting docu ents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
c.All above charges must be necessary for the services provided and r this
AGREEMENT.
DOT Form 140-089 EF Exhibit D-3
Revised 8/07
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund
to provide the Agreement Administrator with the flexibility to auth rize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the ONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such aut orization(s) shall be in writing
and shall not exceed the lesser of$100,000 or 10%of the Total A ount Authorized as shown in
the heading of this AGREEMENT.The amount included for the M nagement Reserve Fund is
shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes
requiring additional costs in excess of the Management Reserve Fu d shall be made in accordance
with Section XIV, "Extra Work."
4. Maximum Total Amount Payable: The Maximum Total Amount P yable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the am unt shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comp 'sed of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum To al Amount Payable does not
include payment for Extra Work as stipulated in Section XIV,"Ext a Work."No minimum
amount payable is guaranteed under this AGREEMENTS.Monthly Progress Payments: Progress
payments may be claimed on a monthly basis for all costs authorize in 1 and 2 above. The
monthly billing shall be supported by detailed statements for hours xpended at the rates
established in Exhibit"E", including names and classifications of all employees, and billings for
all direct non-salary expenses. To provide a means of verifying the billed salary costs for the
CONSULTANT'S employees,the AGENCY may conduct employe interviews. These interviews
may consist of recording the names,titles, salary rates, and present duties of those employees
performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT,contingent upon receipt of all PS&E,pla s,maps,notes,reports,
electronic data and other related documents which are required to b furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSU TANT shall constitute a
release of all claims for payment,which the CONSULTANT may h ve against the AGENCY
unless such claims are specifically reserved in writing and transmitt d to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall n t,however,be a bar to any
claims that the AGENCY may have against the CONSULTANT orJI
any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the aropriateness of any item and
at the time of final audit, all required adjustments will be made andflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSLTANT,the
CONSULTANT will refund such overpayment to the AGENCY wiin thirty(30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overp yment. The CONSULTANT
has twenty(20)days after receipt of the final POST AUDIT to begi the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub-cons ltants shall keep available
for inspection by representatives of the AGENCY,STATE and the nited States,for a period of
three(3)years after receipt of final payment,the cost records and ac ounts pertaining to this
AGREEMENT and all items related to or bearing upon these record with the following
exception: if any litigation, claim or audit arising out of, in connecti n with, or related to this
contract is initiated before the expiration of the three(3)year period, the cost records and accounts
shall be retained until such litigation,claim, or audit involving the re ords is completed.
Exhibit E-2
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
Rate @ % @ % Per Hour
See attached
DOT Form 140-089 EF Exhibit E-2
Revised 6/05
E-2
CITY OF KENT
ENGINEERING DEPARTMENT
GEOTECHNICAL CONSTRUCTION MONITORING SERVICES
SOUTH 228TH STREET, BNSF RAILROAD OVER ROSSING
KENT, WASHINGTON
FILE NO. 0410-146-01
FEE ESTIMATE
MONITORING SERVICES, MEETINGS AND CONE PENETR METER TESTING
Classification Hours x Ratp Cost
Principal-Project Manager(Gary Henderson) 60 x $56. 3 = $3,403.80
Project Manager(Garry Squires) 60 x $53. 6 = $3,201.60
Project Engineer/Scientist(Various) 40 x $40. 4 = $1,609.60
Engineer/Scientist 3(Various) 465 x $30. 5 - $13,973.25
Technician 60 x $27. 5 - $1,665.00
Support 60 x 1 $29. 1 _ $1,740.00
Subtotal Personnel Cost(direct costs) $25,593.25
Overhead(214.83%of direct costs) $54,981.98
Profit(10%of overhead plus direct cost) $8,057.52
Subtotal Personnel $88,632.75
Other Expenses
Vehicle Usage $2,300.00
CPTs $5,000.00
Expendables(photographs,equipment charges,etc.) $250.00
Subtotal $7,550.00
Total Estimated Costs $96,182.75
TACO:\0\041014 \00\Finals\041014600Exhibit BFeeEst.xls
File No.0410-146-01 C �
March 24,2008 Page B-1 G EO E NG I N E ER'
CITY OF KENT
ENGINEERING DEPARTMENT
GEOTECHNICAL CONSTRUCTION MONITORING SERVICES
SOUTH 228TH STREET, BNSF RAILROAD OVE CROSSING
KENT, WASHINGTON
FILE NO. 0410-146-01
SUMMARY AND HOURS SHEET
GeoEngh isers
Labor Hq ours
Senior Project Support Total Sub X
Principal Engineer Engineer Tecliniclan Staff Labor Hours
South 228th Street Overcrossin
Geotechnical/Materials Engineering
Stone Columns 20 25 200 25 30 300
Drilled Shafts 10 10 80 5 10 115
MSE Walls 10 5 25 25 10 75
Meetings 80 160 5 10 255
GRAND TOTALI 120 1 40 1 465 60 60 745
TACO:0\0410146\01 inals\041014601 SummaryandHoursSheet.xls
File No 0410-146-01 C �
March 24,2008 Page B-2 GEoENGI NEER+
Exhibit F (see attached)
Breakdown of Overhead Cost
Account Title :::T�$ Beginning Total % of Direct Labor
Direct Labor
Overhead Expenses:
FICA
Unemployment
HealthlAccident Insurance
Medical Aid & Industrial Insurance
HolidayNacation/Sick Leave
Commission/Bonus/Pension
Total Fringe Benefits
General Overhead:
State B&O Taxes
Insurance
Administration &Time Not Assignable
Printing, Stationery&Supplies
Professional Services
Travel Not Assignable
Telephone &Telegraph Not Assignable
Fees, Dues& Professional Meetings
Utilities & Maintenance
Professional Development
Rent
Equipment Support
Office, Miscellaneous& Postage
Total General Overhead
Total Overhead (General + Fringe)
Overhead Rate (Total Overhead/Direct Labor)
DOT Form 140-089 EF Exhibit F
Revised 6/05
F
Washington State r nsls®da`.lon Building
AP Department of Transportation 310 Mapte Park Avenue S.E.
Douglas B. MacDonald P.qq Sox 47300
Secretary of Transportation Olyrtnpia,WA 98504-7300
�36 -705-7000
October 9,2006 .�otwa gov 8a
7
Mr.Paul McAfee
GeoEngineers,Inc.
2924 Colby Ave
Everett,WA 98201-4011
i
RE: GeoEngineers, Inc. Overhead Review
Fiscal Year End December 31, 2005
i
Dear Mr.McAfee:
On October 9,2006, as a WSDOT representative, Tandi Adams o our office reviewed
your proposed 2005 Overhead Schedule. Tandi also completed 1 analytical review of
the schedule by comparing it to the accepted 2004 overhead sched le, and reviewed data
that WSDOT had collected in our permanent files.
The reviewed data included,but was not limited to, the schedule o the indirect cost rate,
a description of the company,basis of accounting and description f GeoEngineer's
accounting system,basis of indirect costs,in addition to a review f the firm's internal
control structure.
Based on our review,we are issuing this letter of concurrence es lishing GeoEngineer's
overhead rate for the year 2005 at 214.83% of direct labor. Costs illed to actual
agreements will still be subject to audit of actual costs.
If you or any representative of GeoEngineer, Inc. has any questions,please contact
Martha Roach at 360-705-7006.
Sincerely,
—31-11tG1
Martha S. Roach
External Audit Manager
I MR:db
i
Enclosure
cc: Steve McKeiney
Mike Kane MS 47323
4 E
f
GeoEngineers, Inc
Overhead Schedule
December 31, 2005 i
Accepted
Trial Balance Adj. Ref. Overhead %
Direct Labor Base $7,785,319 $7,785,319
Fringe Benefits
Payroll Taxes $1,286,736 ($32,063) A $1,254,673 16.12%
Group Insurance 1,115,186 (27,788) A 1,087,398 13.97% f
Workers Comp 98,982 (2,466) A 96,516 1.24%
Vacation,Holiday&Sick Pay 1,697,904 1,697,904 21.81%
Profit Sharing&401K 548,828 (8,685) A 540,143 6.94%
Bonuses 1,879,592 (46,835) A 1,832,757 23.54%
Total Fringe Benefits $6,627,228 ($117,837) $6,509,391 83.61% '
! i
General Overhead f
Non-billable Labor $4,969,088 ($355,672) A $4,613,416 59.26%
Office Rent&Maintenance 1,712,110 (26,081) B 1,686,029 21.66%
Telecommunications 286,663 (405) D 286,258 3.68%
Taxes 413,013 413,013 5.31%
Stationary&Supplies 268,895 (55,714) H 213,181 2.74%
Administrative Travel 272,761 (9,145) F 263,616 3.39%
Prof.Dues/Meetings/Licenses 299,350 (22,365) E 276,985 3.56%
Depreciation 589,407 599,407 7.57%
t Equip Rental&Maintenance 192,740 192,740 2.48%
Bad Debts 77,359 (77,359) N 0 0.00%
Professional Consultants 244,918 (64,056) 1 180,862 2.32%
Direct Selling/Proposals/Econ.Planning 581,665 (326,635) G 255,030 3.28%
Field&Lab Supplies 154,329 (41,219) K 113,110 1.45%
Insurance 487,684 13,281 C 500,965 6.43%
Computer Maint. &Software 435,700 435,700 5.60%
Recruiting&Relocation 281,935 (158,265) J 123,670 1.59%
Amortization of Goodwill 144,937 (144,937) M 0 0.00%
Contributions 25,017 (25,017) O 0 0.00%
Facilities Cost of Money 0 71,874 L 71,874 0.92%
Total General Overhead $11,437,571 ($1,221,715) $10,215,856 131.22%
Total Benefits&General Overhead $18,064,799 ($1,339,552) $16,725,247 214.83%
Overhead Rate 232.04% 214.83%
Page 2
• I
GeoEngineers, Inc
Overhead Schedule
December 31, 2005
Accepted
Trial Balance Adj. Ref. Overhead %
1
GeoEngineers-Reviewed and Accepted TA I019/ 6
Overhead Reviewed by Patrick Rhodes&Associates,PLLC
i
t
FAR References provided by GeoEngineers:
fA Adjustment to compensation and related employee benefits made by GeoEngin ers,Inc.for costs
related to public relations and advertising unallowable per FAR 48,31.205-1
B Adjustment to office rent and maintenance made by GeoEngineers,Inc. for un Ilowable rent
costs per FAR 48,31.205-36.
C Adjustment to insurance for the net benefit of officers'life insurance made by eoEngineers,Inc.
i per FAR 48,31.205-19.
D Adjustment to telecommunications for disallowed phone usage in connection 'th public relations
j and advertising costs made by GeoEngineers,Inc.per FAR 48,31.205-1.
' E Adjustment to professional dues,meetings and licenses made by GeoEngineer ,Inc.and auditors.
Adjustments consist of unallowable marketing and advertising costs FAR
R 8,31.205-1;
costs of memberships in civic and community organizations per FAR 48,31.2 5-1;
finance charges per FAR 48,31.205-15;cost of alcoholic beverages per FAR 8,31.205-51;
and unallowable lobbying and political activity costs per FAR 48,31.205-22.
F Adjustment to administrative travel for mileage paid in excess of allowable rate made by
GeoEngineers,Inc.per FAR 48,31.205-46
G Adjustment to direct selling,proposals and economic planning costs made by eoEngineers,Inc.
The adjustments consist of unallowable business development meals and entert'ainment
costs per FAR 48,31.205-14;unallowable public relations and advertising cos s per FAR 48,
31.205-1; and unallowable costs associated with bonding per FAR 48,31.205- .
H Adjustments to stationary and supplies made by GeoEngineers,Inc. The adju tments
consist of unallowable brochure costs per FAR 48,31.205-1 and unallowable
employee recreation costs per FAR-48,31.205-13.
I Adjustments to professional consultants made by GeoEngineers,Inc. The adj stments
consist of the costs to prepare the Company's income tax returns per FAR 48, 1.205-41
and FAR 48,31.201-6;and consulting costs associated with unallowable broc ores and
web design per FAR 48,31.205-1.
J Adjustment made by GeoEngineers,Inc.and auditors. The adjustments consi t of uanllowable
employee recreation,and meals and entertainment costs per FAR 48,31.205- 3 and
FAR 48,31.205-14; and an uanllowable grant per FAR 48,31.205-44.
K Adjustment made to field and lab supplies by GeoEngineers,Inc. for supplies direct billed
to a contract per FAR 48,31.2014.
,
Page 3
t
l
GeoEngineers, Inc
Overhead Schedule
December 31, 2005
Accepted
Trial Balance Adj. Ref. Overhead %
L Adjustment made by Geo Engineers,Inc.to include allowable facilities capital cost of money i
per FAR 48,31.205-10.
M Adjustment made by Geo Engineers,Inc. to exclude unallowable amortization of goodwill
per FAR 48,31.205-49.
N Adjustment made by GeoEngineers,Inc.to exclude unallowable bad debts per FAR 48,31.205-3.
O Adjustment made by GeoEngineers,Inc.to exclude unallowable contributions per FAR 48,31.205-8
I
6
I
I
1i
f
4
Page 4
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with t�e Regulations relative to
non-discrimination in federally assisted programs of the AGENCY,Tid 49,Code of Federal Regulations,
Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),
which are herein incorporated by reference and made a part of this AG EMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work perfo ed during the AGREEMENT,
shall not discriminate on the grounds of race,color, sex, or national orig n in the selection and retention of
sub-consultants,including procurement of materials and leases of equip ent. The CONSULTANT shall
not participate either directly or indirectly in the discrimination prohibit d by Section 21.5 of the
REGULATIONS, including employment practices when the AGREEM NT covers a program set forth in
Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTA�T for work to be performed
under a sub-contract, including procurement of materials or leases of eq ipment,each potential
sub-consultant or supplier shall be notified by the CONSULTANT of th;CONSULTANT'S obligations
under this AGREEMENT and the REGULATIONS relative to non-disc mmation on the grounds of race,
color, sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all inform tion and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit�access to its books,records,
accounts,other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertajn compliance with such
REGULATIONS, orders and instructions. Where any information requ�ed of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, ands all set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the
non-discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including,but not limited to:
• Withholding of payments to the CONSULTANT under the AG EMENT until the
CONSULTANT complies, and/or;
• Cancellation,termination, or suspension of the AGREEMENT,i whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions:The CONSULTANT shall include the provi ions of paragraphs(1)through
(5)in every sub-contract, including procurement of materials and leases f equipment,unless exempt by
the REGULATIONS,or directives issued pursuant thereto. The CONSU TANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-complia ce.
Provided,however,that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,t e CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the int rests of the AGENCY and the
STATE and, in addition,the CONSULTANT may request the United St tes enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agree ent
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to ar y payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at he time of termination is to the
total work required for the PROJECT. In addition,the CONSULTANT shall a paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to a y payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work co pleted at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT sh 11 be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charg d at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termin tion of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of wor completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procejdures
The purpose of this exhibit is to establish a procedure to determine if a consult nt's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step I —Potential Consultant Design Error(s)is Identified by Agency's roject Manager
At the first indication of potential consultant design error(s),the fi st step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects,the RegionHighways and Local Programs
Engineer should be informed and involved in these procedures. ( ote: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager,who has not been
as directly involved in the project,to be responsible for the remai ing steps in these procedures.)
Step 2 -Project Manager Documents the Alleged Consultant Design E or(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project.Example include: all decisions and
descriptions of work;photographs,records of labor,materials an equipment.
Step 3—Contact the Consultant Regarding the Alleged Design Error(s
If it is determined that there is a need to proceed further, the nex step in the process is for the project
manager to contact the consultant regarding the alleged design a or and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and an personnel(including sub-consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed r garding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is of a consultant design errors). If
this is the case, then the process will not proceed b yond this point.
• It is determined via mutual agreement that a consu tant design error(s) occurred. If this
is the case,then the Director of Public Works or A ency Engineer, or their
representatives,negotiate a settlement with the co sultant. The settlement would be
paid to the agency or the amount would be reduce from the consultant's agreement
with the agency for the services on the project in hich
the design error took place. The agency is to provi e H&LP, through the Region
DOT Form 140-089 EF Exhibit J
Revised 6105
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any,as to how the settlement affects fe eral reimbursements.No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s)issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer,after review with t eir legal counsel, is not able
to reach mutual agreement with the consultant,proceed to Step 5.
Step 5—Forward Documents to Highways and Local Programs
For federally funded projects all available information, including osts, should be forwarded
through the Region Highways and Local Programs Engineer to H LP for their review and
consultation with the FHWA. H&LP will meet with representativ s of the agency and the
consultant to review the alleged design error(s), and attempt to fi d a resolution to the issue. If
necessary, H&LP will request assistance from the Attorney Gene al's Office for legal
interpretation. H&LP will also identify how the alleged error(s) a fects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached,the agency and consi t1tant adjust the scope of work
and costs to reflect the agreed upon resolution. H&L ,in consultation with FHWA,
will identify the amount of federal participation in t e agreed upon
resolution of the issue.
• If mutual agreement is not reached,the agency and onsultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 —Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is incl ded in the claim;
• Any correspondence that directed the consultant to perform th additional work;
• Timeframe of the additional work that was outside of the proj ct scope;
• Summary of direct labor dollars,overhead costs,profit and rei bursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional w rk was outside of the
agreement scope of work.
Step 2—Review by Agency Personnel Regarding the Consultant's Clairr for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to he WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Highways and
Local Programs (if applicable), and FHWA(if applicable)agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Step 3 —Preparation of Support Documentation Regarding Consultant's laim(s)
If the Agency does not agree with the consultant's claim,the pro" ct manager shall prepare a
summary for the Director of Public Works or Agency Engineer th t included the following:
• Copy of information supplied by the consultant regarding the laim;
• Agency's summation of hours by classification for each firm t at should be included in the
claim;
• Any correspondence that directed the consultant to perform th additional work;
• Agency's summary of direct labor dollars,overhead costs,pr fit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/ oes not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude ture consultant claim(s); and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review a d administratively approve or
disapprove the claim,or portions thereof,which may include ge ing Agency Council or
Commission approval(as appropriate to agency dispute resoluti n procedures). If the project
involves federal participation,obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim i not eligible for federal
participation,payment will need to be from agency funds.
Step 5 —Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify('n writing)the consultant of their
final decision regarding the consultant's claim(s). Include the fi al dollar amount of the accepted
claim(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consul nt's Claim(s)
The agency shall write the supplement and/or new agreement a d pay the consultant the amount of
the claim. Inform the consultant that the final payment for the a eement is subject to audit.
Exhibit M-1(a)
Certification Of Consultant
Project No. LA 5632
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of GeoEngineers, Inc. whose address is
$ and that either I nor the above
firm I here represent has: 7--'f 00 A71,4, GvA- 9&0 a
(a) Employed or retained for a commission,percentage,brokerage, contingen fee,or other
consideration, any firm or person(other than a bona fide employee worki g solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract,to e ploy or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT)any fee, contributio ,donation, or
consideration of any kind for,or in connection with,procuring or carryin out this AGREEMENT,
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washington State Di partment of
Transportation and the Federal Highway Administration,U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid hi0way funds, and is
subject to applicable State and Federal laws,both criminal and civil.
/J \
ate
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
Exhibit M-I(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent ,
Washington, and that the consulting firm or its representative has not been req>Aired,directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this GREEMENT to:
(a) Employ or retain, or agree to employ to retain,any firm or person; or
(b) Pay, or agree to pay, to any firm,person, or organization, any fee,contrib tion,donation,or
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be available to the Washington State epartment of
Transportation and the Federal Highway Administration,U.S. Department of ransportation, in
connection with this AGREEMENT involving participation of Federal-aid hi hway funds, and is
subject to applicable State and Federal laws,both criminal and civil.
Date Signature
t e oo�e, Mayor
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Cther Responsibility
Matters-Primary Covered Transactior s
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently debarred, suspended,proposed for debarment,dc clared ineligible, or voluntarily
excluded from covered transactions by any federal department or ency;
B. Have not within a three-year period preceding this proposal been c nvicted of or had a civil
judgment rendered against them for commission or fraud or a crim nal offense in connection with
obtaining,attempting to obtain,or performing a public (federal, state,or local)transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement,theft, forgery, bribery, falsification or destruction f records,making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly ch rged by a governmental entity
(federal, state,or local)with commission of any of the offenses enumerated in paragraph(1)(B). of
this certification; and
D. Have not within a three(3)year period preceding this application/proposal had one or more public
transactions(federal, state,or local)terminated for cause or defaul .
II. Where the prospective primary participant is unable to certify to any oft a statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant(Firm): GeoEngineers, Inc.
0q� �
— � �QO _
(Date) (Signatur )Preside or Autho i ial o onsultant
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
Supplemental Signature Consultant/Address/Tel phone
GeoEngineers, I
Page for 1101 Fawcett Av nue , Suite 200
Standard Consultant Tacoma, WA 98 02
Agreement Contact: Garry quires
Agreement Number Project Title And Work escription
LA 5632 _ S. 228th St. Grad Separation at BNSF
Federal Aid Number
Railway
DEMO-1216 (001)
Local Agency Provide geotech ical construction monitoring
City of Kent services.
THIS AGREEMENT, made and entered into this day of
between the Local Agency of City of Kent Washington, hereinafter called the
-- I
"AGENCY" , and the above organization hereinafter called the"CONSULTANT'.
In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT LOCAL AG
By �✓ By
S zet o ke, Mayor
Consultant ��E�C�NC � C Agen
By By
Consultant Agency
By
Agency
By
Agency
DOT Form 140-089 EF Appendix 31 910
Revised 6/05
i
REQUEST FOR MAYOR'S SIGNATURE
Is
• Please Fill in All Applicable Boxes
KENT W A S H IN G T O N This form n7ust he printed 6n cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROU H THE LAW DEPARTMENT)
Originator: Pete Tenerelli Phone (Originator): 5535
Date Sent: 5/8/08 Date Required: 5/1 /08
Return Signed Document to: Nancy Yoshitake CONTRACT TERM NATION DATE: 12/31/10
VENDOR NAME: GeoEngineers, Inc. DATE OF COUNCIL APPROVAL: 4/19105
Brief Explanation of Document:
The attached agreement is for the consultant to provide geotechnical construction onitoring services for the S.228th
Street Grade Separation at BNSF Railway project. The services will include monit ring stone column ground
improvement,drilled shaft foundation installation and MSE wall foundation bearing surfaces.
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department
Received:
Approval of Law Deph L j1v�
Law Dept. Comments:
Date Forwarded to Mayor: Atly
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition: z Dc� /?.rar �� IA
«
Cbf oe cew -/a &AY elv/� '0
Date Returned:
I
Iage5870_templatebase • 2/07
i
Kent City Council Minutes April 19, 2005
Approval of checks issued for payroll for March 1 through March 5 and paid on March 18,2005:
Date Check Numbers Amount
3/18/05 Checks 282531-282812 213,398.47
3/18/05 Advices 177288-177960 1,225,891.46
1,439,289.93
C. 2005-2010 Print Shop Copier Lease. (CFN-818) The 2005 2010 Print Shop Copier Lease
was approved.
E. 2005 Bond Refunding Ordinance. (CFN-104) The 2005 Band Refunding Ordinance
No. 3739 was adopted. The new bond issue is approximately$7, 2"000.
F. Downtown Strategic Action Plan Update. (CFN-462) Or inance Nos. 3740 3741 and 3742
adopting the Downtown Strategic Action Plan(DSAP)update, a endments to chapter 15 of the
Kent City Code to implement provisions in the DSAP, and amendments to land use and zoning
designations to implement provisions in the DSAP were adopted CLARK MOVED to make
Attachment C,Planning&Economic Development Committee, ecember 6,2004,a part of the
record. White seconded and the motion carried.
G. 2004 Comprehensive Plan and Zoning Map Amendment . (CFN-3 77&13 1) Ordinance
No. 3744 relating to the 2004 Comprehensive Plan Amendment CPA-2004-4(A),CPA-2004-
4(B),and CPA-2004-4(C),which amend the comprehensive plan land use designations for
property more specifically identified in the Ordinance was adopted,and Ordinance No. 3743
relating to zoning map changes CPZ-2004-3,CPZ-2004-4,and FPZ-2004-5,which amend zoning
map designations for property more specifically identified in th Ordinance was adopted.
H. Morgan's Place Final Plat. (CFN-1272) The final plat ylar for Morgan's Place was
approved and the Mayor was authorized to sign the Mylar. TLi Development proposes to
subdivide approximately 11.74 acres into 46 single-family resi ential lots.
I. Taylor Associates Inc. Consultant Services A reement (CFN-675) The Mayor was
authorized to sign the contract with Taylor Associates,Inc. fo $86,771.00 to provide the City with
an Ambient Water Quality Monitoring Program and Final Re ort,upon concurrence by the City
Attorney and the Public Works Director.
J. Natural Systems Consultant Agreement. (CFN-1019) a Mayor was authorized to sign
the contract with Natural Systems Design for$105,095.00 to rovide the City with technical
assistance on the Garrison Creek Realignment/Flood control roject,which is on the SR 167 off-
ramp at South 212� Street, upon concurrence by the City Att rney and the Public Works Director.
K. S. 228'b Street Railroad Grade Separation Consultant Contracts. (CFN-171) The Mayor
was authorized to sign consultant services agreements or oth r contracts determined to be
necessary for the 228a'Corridor Railroad Grade Separation rossings over the Burlington
Northern and Union Pacific Railroads.
2