HomeMy WebLinkAboutPK09-019 - Original - GeoEngineers - West Hill Park - 2/3/09 �s
Records Mapd'gersne4
7�K4TDocument
WA- -ro� t ,���:
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 City Clerk's Office.
Vendor Name: -C`Jp C2 5
Vendor Number:
ID Edwards Number
Contract Number: f KC)7-01
This is assigned by We- f
City Clerk's Office
Project Name: U v S4 1 ` � " ` P4 r— C{c) (�
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Jp Contract
❑ Other:
Contract Effective Date: 2 Termination Date: J
Contract Renewal Notice (Days):
Number of days required notice
`for
wertermination or renewal
or amendment
Contract Manager-ra" `�U�'l�' -,Department: 1 KS ^ �
Detail: (i.e. address, location, parcel number, tax id, etc.):
�/(�� 5"� �� �� �' ✓F— -- E7 eo fie C � �c � �tiv;ce S
S•Public\RecordsM anage ment\Forms\Co ntractCover\adcc7832 1 11108
KENT
GeoEngineers
CONSULTANT SERVICES AGREEMENT
between the City of Kent and JAN 1 2009
Routing ❑ ❑
❑ ❑ ❑
GeoEngineers File
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 S Fawcett Ave #200, Tacoma, WA 98402
P: 253-383-4940; F: 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:
Review maps, locate and coordinate clearance of existing utilities, visit site, explore
soil and groundwater conditions, provide opinion on landslide hazards, discuss
subsurface conditions, provide recommendations for site preparation and
earthwork, design of foundations, support of on-grade floor slabs, site drainage and
control of groundwater, comment on construction difficulties, provide
recommendations for conventional and pervious asphalt and prepare a written
report for the project presenting conclusions and recommendations as described in
the consultant's proposal dated January 12, 2009 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 within the Puget Sound
region in effect at the time those 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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I
within 30 days.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Seven Thousand Six Hundred Dollars ($7,600.00) for the services described
in this Agreement. This is the maximum amount to be paid under this Agreement
for the 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. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein 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.
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
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
Agreement. The City shall provide 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.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
1 �
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.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
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 exposure 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 damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
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.
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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: / P/) By: L
(signature) (signature)
Print Name: PrANa e: Jeff Watling
Its: C i CA L Its: Parks Director
(title)
DATE: CV `� DATE: 7-/34043
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Gary Squires Brian Levenhagen
GeoEngineers City of Kent
1101 S Fawcett Ave *200 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
253-383-4940 (telephone) (253) 856-5116 (telephone)
253-383-4923 facsimile (253) 856-6050 (facsimile)
Wes[Hill Park-GeoEngineem-1-13-09
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
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 I, 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 2�z day of 1 44Ok&7 , 2009.
By:
For: C� �CN�iiiv� J �C .
Title: f R / NL r 194 LL
Date: ���U/ O°I
EEO COMPLIANCE DOCUMENTS - 1
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 conform 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.
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 subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
f
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this pro]ect 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 , 2009.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
v r •_ � _� 1
GEOENGINEERs
January 12, 2009
City of Kent
Parks, Recreation and Community Services
525 4th Avenue
Kent, Washington 98032
Attention: Brian Levenhagen
SERVICES AGREEMENT
FILE NO. 0410-166-00
This confirms the agreement between the City of Kent, Parks, Recreation and Community Services (City)
and GeoEngineers, Inc. (GeoEngineers) for geotechmcal engineering services concerning the proposed
West Hill Park improvements project. The park is located at the intersection of Military Roads South and
South 244th Street in Kent, Washington. Our understanding of the site and project is based on
conversations with Brian Levenhagen of the City of Kent Parks Department and a brief site visit
conducted on January 8, 2009.
The site is currently vacant and is located in a single-family residential development area. Military Road
South bounds the site to the west. The site is bounded to the north and south by private residences and an
Army National Guard post, respectively Undeveloped sloping property bounds the site to the east. The
approximately rectangular site measures approximately 400 feet by 500 feet in the east-west and north-
south directions, respectively Topography within the site slopes down to the east from Military Road at
approximately 5 to 15 degrees. Two earthen mounds approximately 8 to 10 feet in height are located
along the south side of the site. East of the site is a ravine with steep side slopes on the order of 75 to 100
feet in height. The majority of the site is covered with grass that is maintained by the City Deciduous
and coniferous trees are present along the east edge of the site.
It is our understanding that you wish to develop this site as a park. It is our further understanding that the
site was historically used as a Nike Missile site and you would like to incorporate the history into the
design of the park Park improvements are to include parking along Military Road South, a restroom F
structure, paved walking paths, and a playground area. I
The services provided by GeoEngineers, Inc.will consist of the following scope items:
I
1. Review readily available geologic maps that include the site.
2. Review the Department of Ecology, Soil Conservation Survey map of King County that includes
the site.
3. Locate and coordinate clearance of existing utilities We will contact the "One-Call Underground {
Utility Locate Service"prior to beginning explorations.
I
4. Visit the site to observe geologic conditions at the site and surrounding area We will have a staff
engineer or geologist on site to perform the site assessment.
}
Earth Science+Technology 1101 S Fawcett Ave ielenhune 253.3834940
• _ Suite 200 lacsimlle 253 383 4923
- ,;= Tacoma, WA 98402 wehcile www gecengmeers cam
City of Kent
January 12, 2009
Page 2
5. Explore soil and groundwater conditions by excavating eight to ten test pits to nominal depths of
8 to 10 feet using a subcontracted backhoe and operator. We will have a staff engineer or
geologist on site to observe and log the test pits. Perform laboratory tests on selected soil samples
obtained from the explorations to evaluate pertinent engineering characteristics We anticipate
that the laboratory test program will consist of moisture content and gradation analyses. The
results of the particle-size analyses will be used in our evaluation of design infiltration criteria.
6. Provide a preliminary opinion regarding potential landslide hazards at the site as defined by Kent
City Code 11 06 375 Critical Areas-Landslide hazard areas.
7. Provide a preliminary opinion regarding potential landslide hazards at the site as defined by Kent
City Code 11 06 270 Critical Areas-Erosion hazard areas
8. Discuss the subsurface conditions encountered including the depth, composition, and supporting
capacity of native soils and existing fill, as appropriate.
9. Provide recommendations for site preparation and earthwork. We will discuss clearing and
stripping, temporary and permanent cut slopes, suitability of on-site soils for use as structural fill
including constraints for wet weather construction, specifications for imported soil for use as
structural fill, and fill placement and compaction requirements.
10. Provide recommendations for design of shallow foundations including allowable soil bearing
pressure, settlement (total and differential) estimates, lateral earth pressures (active and passive)
and coefficient of friction for evaluating sliding resistance.
11. Provide recommendations for support of on-grade floor slabs including capillary break, vapor
retarder,underslab drainage and modulus of subgrade reaction, as appropriate
12. Provide recommendations for site drainage and control of groundwater that may be encountered.
We will also include an estimate of stormwater infiltration rates of site soil based on our
observations and laboratory testing.
13. Comment on any anticipated construction difficulties identified from the results of our site
studies.
14. Provide recommendations for conventional and pervious asphalt concrete pavement(ACP) design
for the proposed parking areas, including base and subbase requirements.
15. Prepare a written report for the project, presenting our conclusions and recommendations together
with supporting field and laboratory information for incorporation into design of the project Our
observations and opinions regarding potential landslide hazards or erosion at the site will be
included in the report Further investigations may be required in the event that conditions are
observed that indicate slope instability. If this is the case we will prepare a detailed scope and
budget for additional geotechnical investigation and analysis, as appropriate.
File No 0410-166-00 GMENGINEERLOP
City of Kent
January 12,2009
Page 3
The professional services listed above will be provided in accordance with the terms described in the
attached General Conditions, which is a part of this agreement. Please review the General Conditions and
contact us if you have any questions or desire to modify the terms The fee for our services will be
determined on a time-and-expense basis using the rates contained in our Schedule of Charges, which is
also attached and forms apart of this Agreement We estimate that our fee for the services outlined above
will be approximately $7,600 We will not exceed our fee estimate without your prior authorization We
will keep you informed of project status and advise you if it appears appropriate to modify the scope and
budget If you have any questions,please call.
EWH GHS gb
TACO\0\0410166\00\Finals\041016600SA doe
Attachments- General Conditions—Standard 2008
Schedule of Charges—Redmond-Tacoma 2009
Client's oral authorization to initiate services shall be considered by both parties as formal acceptance of
all terms and conditions of this Agreement unless different terms from those represented in the
Agreement are introduced by Client prior to commencement of services.
The services described above are authorized by:
City of Kent GeoEngineers,Inc.
*By, By Garry H Squires,PE,LG,LEG
Title- Title. Principal
Signature- Signature %[xtafP� e�
Date. Date January 12,2009
*Individual with contracting authority and responsible for payment of GeoEngmeers,Inc sere ices
Disclaimer Any electronic form, facsimile or hard copy of the original document (email, teat, table, and/or figure), if provided, and any
attachments are only a copy of the original document The original document is stored by GeoEngmeers,Inc and will serve as the official
document of record
FdeNo 0410-166-00 (;EoENGINEER�
GENERAL CONDITIONS
DEFINITIONS presence of any hazardous materials,including asbestos,present at the work
The words and phrases listed below have the following meanings when used site pnor to or during the performance of this Agreement, except any
in this Agreement hazardous materials generated solely by us,our agents or subcontractors
"Agreement" means the complete agreement between Client and Additionally, the Client shall furnish, at the Client's expense, all
GeoEngmeers, and consists of all of the following 1) The Services information, requirements, reports, data, surveys, and instructions required
Agreement or Proposal,including the Scope of Services contained within it, by this Agreement GeoEngmeers may use such information,requirements,
2)These General Conditions and its attached Schedule of Charges, as reports, data, surveys and instructions in performing the services and is
applicable, 3)Any documents expressly incorporated by reference into the entitled to rely upon their accuracy and completeness
Services Agreement,Proposal or General Conditions,4)Any modifications
to this Agreement,if mutually agreed to by the parties in writing PERMITS AND AGENCY ARRANGEMENT
"Client" means the individual(s) or entity that has entered into this If included in the Scope of Services, GeoEngmeers will assist Client in
Agreement with GeoEngmeers applying for necessary permits and licenses Client may, upon written
"GeoEngmeers"means GeoEngmeers,Inc,a Washington corporation,and acceptance by GeoEngmeers, designate GeoEngmeers as its agent for the
any of its employees, officers and directors GeoEngmeers is sometimes purposes of ty'drafting permit and/or license applications GeoEngmeers'
agency authority under this arrangement shall be limited solely to the
referred to as"us,""we"or"our"throughout this Agreement completion and submission of the permit and/or license applications
"Hazardous Materials" means any toxic substances, chemicals, GeoEngmeers will rely upon data collected by and information provided by
radioactivity,pollutants or other materials,in whatever form or state,known Client in preparing the applications GeoEngmeers shall not be responsible
or suspected to impair the environment in any way whatsoever Hazardous for errors or inaccuracies contained in data and information supplied by
Materials include, but are not limited to, those substances defined, Client Client shall assume full responsibility for reviewing,understanding
designated or listed in any federal,state or local law,regulation or ordinance and signing all permit and license applications drafted by GeoEngmeers
concerning hazardous wastes,toxic substances or pollution Client waives any claim against GeoEngmeers relating to errors or
"Scope of Senices" means the sum total of all of our activities and all of inaccuracies in data and information provided by Client and permit-related
the Instruments of Service undertaken or provided pursuant to this project delays caused by other parties, including, but not limited to Client,
Agreement project opponents,and permitting or licensing agencies
"Excluded Services"means those services that we are not providing under
this Agreement, which includes any services recommended to Client and RIGHTS OF ENTRY
which Client chooses not to include in our Scope of Services Unless otherwise agreed to in writing,Client will provide for right of entry
and any authorizations needed for us to enter upon property to perform our
INTEGRATED WRITTEN AGREEMENT Services under this Agreement
This Agreement represents the entire and integrated agreement between
Client and GeoEngmeers and supersedes all prior communications, SURFACE AND SUBSURFACE DISTURBANCE
negotiations, representations or agreements, either written or oral between GeoEngmeers will take reasonable precautions to minimize surface and
the parties No agreement or understanding varying or extending this subsurface disturbance However,in the normal course of exploratory work
Agreement shall bind either party, other than by a subsequent written some surface disturbance may occur,the restoration of which is not part of
agreement,signed by Client and GeoEngmeers this Agreement unless specifically included in our Scope of Services
CONFLICTS DISCOVERY OF HAZARDOUS MATERIALS
In the event of conflict between the terms of the General Conditions or any "Unanticipated hazardous materials"are any hazardous materials that may
documents attached to this Agreement or incorporated by reference and exist at the project site, but which this Agreement does not identify as
terns in these General Conditions, the terms most favorable to present and whose existence is not reasonably anticipated The discovery of
GeoEngmeers shall apply unanticipated hazardous materials will constitute a changed condition that
will require renegotiation of the Scope of Services or termination of this
STANDARD OF CARE AND WARRANTY DISCLAIMER Agreement
GeoEngmeers will endeavor to perform its professional services with that The discovery of unanticipated hazardous materials may necessitate that we
degree of care and skill ordinarily exercised under similar conditions by take immediate protective measures If we discover unanticipated hazardous
professional consultants practicing in the same discipline at the same time materials, we will notify Client as soon as practicable Based on our
and location No warranty or guarantee,either express or implied,is made professional judgment,we may also implement protective measures in the
or intended by this Agreement or by any report,opinion,or other Instrument field Client will pay the cost of any such additional protective measures
of Service provided pursuant to this Agreement Client is responsible for reporting releases of hazardous substances to
CLIENT FURNISHED INFORMATION AND OBLIGATIONS appropriate government agencies as required by law
Client waives any claim against GeoEngmeers relating to the discovery of
Client will provide GeoEngmeers with the following a description of the unanticipated hazardous materials and will indemnify GeoEngmeers to the
property,the locations of any underground utilities,facilities or structures on extent provided in the INDEMNIFICATION section of these GENERAL
or adjacent to the property which could impact our work,and the nature and CONDITIONS
location of any known or suspected hazardous materials that may exist on
the property Client understands that GeoEngmeers is not responsible for UNANTICIPATED AND CHANGED 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 Actual subsurface conditions may vary from those encountered at the
indemnify GeoEngmeers for these damages to the extent provided in the specific locations where GeoEngmeers conducts its surveys or explorations
INDEMNIFICATION section of these GENERAL CONDITIONS We can only base our site data, interpretations and recommendations on
GeoEngmeers its neither responsible nor liable for the creation,existence,or information reasonably available to us Practical and reasonable limitations
on available data will result in some level of uncertainty,and therefore risk,
GeoEngmeers-GenemlCondtom-Standard-RevOT'08 Pagel of GEOENGINEERtr/,/
with respect to the interpretation of environmental, geological and report produced under this Agreement We will make extra copies ofthe
geotechnical conditions even when we have followed the standard of care Instruments of Service available to Client on request for a reasonable fee
The discovery of unanticipated or changed conditions may require Neither Client nor any other party may use the Instruments of Service for
renegotiation of the Scope of Services or termination of services additions or alterations to this project, or for other projects, or otherwise
GeoEngmeers reserves the right to solely determine the continued adequacy outside the scope of this Agreement,without our prior written permission
of this Agreement in light of any discovery of conditions that were not GeoEngmeers is not responsible for such reuse (unless such reuse is
reasonably anticipated or known at the time of this Agreement If we expressly authorized by GeoEngmeers in writing),and Client will indemnify
determine that renegotiation is necessary,GeoEngmeers and Client will in GeoEngmeers against damages relating to such reuse to the extent of the
good faith enter into renegotiation of this Agreement to permit us to INDEMNIFICATION section in these GENERAL CONDITIONS
continue to meet Client's needs If Client and GeoEngmeers cannot agree Documents that may be relied upon by Client are limited to the printed
on new terms,we reserve the right to terminate this Agreement and receive copies(also known as hard copies)that are signed or sealed by us Files in
payment from Client for all services performed and expenses incurred up to electronic media format of text, data, graphics, or of other types that are
and including the date of termination Underground utilities that are not furnished by GeoEngmeers to Client are only for the convenience of
properly indicated on plans and specifications provided to GeoEngmeers by GeoEngmeers and Client Any conclusion or information obtained or
others or not reasonably located by the utility owner will be considered a derived from such electronic files will be at the user's sole risk
changed condition under this clause
Data stored in electronic media format can deteriorate or be modified
SITE SAFETY inadvertently or otherwise GeoEngmeers shall not be responsible to
maintain documents stored in electronic media When transferring
GeoEngmeers will maintain a safety program for our employees documents in electronic media format, we make no representations as to
GeoEngmeers specifically disclaims any authority or responsibility for long-term compatibility, usability, or readability of documents resulting
general job site safety and for the safety of persons who are not employed by from the use of software application packages, operating systems, or
us GeoEngmeers is not responsible for the job safety or site safety of the computer hardware differing from those used by us
general project and is not responsible for compliance with safety programs
and related OSHA and state regulations that apply to other entities or We shall not be responsible for any alterations,modifications or additions
persons Client is independently responsible for requiring that its made in the electronic data by the Client or any reuse of the electronic data
construction or remediation contractors take responsibility for general job by the Client or any other party for this project or any other project without
site safety our consent Client shall defend, indemnify and hold us harmless against
any claims,damages or losses arising out of the reuse of the electronic data
CONSTRUCTION AND REMEDIATION OBSERVATION without our written consent and arising out of alterations,modifications,or
additions to the electronic data made by anyone other than GeoEngmeers to
The conclusions and recommendations for construction or remediation in the extent of the INDEMNIFICATION section in these GENERAL
our reports are based on limited sampling and the interpretations of variable CONDITIONS
subsurface conditions Therefore, our conclusions and recommendations
shall be deemed preliminary unless or until we are requested by Client to All documents, including the electronic files that are transferred by us to
validate our assumptions and finalize our conclusions and recommendations Client are Instruments of Service of GeoEngmeers and created for this
by reviewing preconstruction design documents and observing actual project only, and no representation or warranty is made,either express or
construction or remediation activities on site If our Scope of Services does implied,concemmg the files and data
not include preconstruction plan review and consuuction/remediation
observation, then any reliance by Client or any other party on our BILLING AND PAYMENT
preliminary assumptions,conclusions or recommendations is at the risk of We will bill for our services monthly Payment is due on receipt of the
that party and without liability to GeoEngmeers invoice unless otherwise agreed to in wntmg Client will notify
Our job site activities do not change any agreement between Client and any GeoEngmeers within 20 days of receipt of invoice of amounts in dispute A
other party Only Client has the right to reject or stop work of its contractors service charge of 1-1'2%per month shall apply to any undisputed amounts
that are more than 30 calendar days past due and amounts in dispute where
or agents Our presence on site does not in any way guarantee the
completion,quality or performance of the work by any other party retained Client has not notified GeoEngmeers within the 20-day period In addition
by Client to provide field or constructioniremediation services We are not to any past due amount, Client will pay all of our reasonable expenses
responsible for,and do not have control or charge of,the specific means, necessary for collection of any past due amounts including,but not limited
methods,techniques sequences or procedures of construction or remediation to, attorneys' fees and expenses. filing fees, lien costs and our staff time
selected by any contractor or agent of Client Collection efforts for past due amounts by GeoEngmeers shall not be subject
to the DISPUTES clause of these GENERAL CONDITIONS
SAMPLE RETENTION AND DISPOSAL Payment of invoices shall not be subject to any discounts or set-offs by the
We will discard nonhazardous samples 60 days after they are obtained, Client, unless agreed to in writing by GeoEngmeers Payment to
unless Client makes prior arrangements to store or deliver the samples GeoEngmeers for services rendered and expenses incurred shall be due and
Samples containing hazardous materials regulated under federal, state or payable regardless of any subsequent suspension or termination of this
local environmental laws are the property and responsibility of Client Agreement by either party Payment to GeoEngmeers shall not be withheld,
Client will arrange for lawful disposal, treatment and transportation of postponed or made contingent on the construction,completion or success of
contaminated samples at Client s expense,unless Client makes other written the project or upon receipt by the Client of offsetting reimbursement or
agreements regarding their disposal credit from other parties
INSTRUMENTS OF SERVICE ADJUSTMENT FOR INCREASED COSTS
Reports,field data,laboratory data,analyses,calculations,estimates,designs GeoEngmeers reserves the right to invoice Client for additional charges
and other documents prepared by GeoEngmeers are Instruments of Service incurred in the event of an unanticipated increase in project-related taxes,
and remain our property We will ream final reports, aerial photos and fees or similar levies, or if GeoEngmeers must modify project-related
boring logs for an indefinite period of time Other documents relating to the services,facilities or equipment to comply with new laws or regulations or
services performed will be retained for 10 years following submission of any
GeoEngineers-General Conditions-Siandard-Rev07i08 Page 2 of GEOENGINEERS_�g
changes to existing laws or regulations that become effective after execution shall,at GeoEngmeers'option,make this Agreement subject to renegotiation
of this Agreement or termination according to the "Termination for Cause" clause in this
GeoEngmeers revises its Schedule of Charges annually Therefore, we Agreement
reserve the right to modify our Schedule of Charges applicable to our In the event Client has paid a retainer to GeoEngmeers,GeoEngmeers shall
services if performance of this Agreement extends beyond 12 months,or if be entitled to apply the retainer to cover any sums due from Client up to the
changes in the project schedule result in our services extending into the next date of suspension Prior to resuming services after such suspension,Client
calendwyear shall remit to GeoEngmeers sufficient funds to replenish the retainer to its ,
full prior amount
SCOPE OF SERVICES AND EXCLUDED SERVICES
Our engagement under this Agreement includes only those services specified DELAYS
in the Scope of Services The Client agrees that GeoEngmeers is not responsible for damages arising
Client agrees it will not hold us liable and expressly waives any claim directly or indirectly from any delays for causes beyond GeoEngmeers'
against GeoEngmeers for not performing additional services that Client control Such causes include,but are not limited to,strikes or other labor
instructed us not to perform,not performing additional services that were not disputes, severe weather disruptions or other natural disasters, fires, nots,
specifically requested by Client and agreed to by both parties, and not terrorist acts, wars or other emergencies or acts of God, failure of any
performing recommended additional services that Client has not authorized government agency to act in a timely manner,failure of performance by the
us to perform Client or the Client's Contractors or other Consultants, or unanticipated
discovery of any hazardous substances or differing site conditions In
addition, if the delays resulting from any such causes increase the cost or
TERMINATION OF SERVICES time required by GeoEngmeers to perform its services in an orderly and
Termination for Cause efficient manner,GeoEngmeers shall be entitled to an equitable adjustment
Either party may terminate this Agreement upon at least seven (7)days in schedule and/or compensation
written notice, in the event of substantial failure by the other party to
perform in accordance with this Agreement through no fault of the INDEMNIFICATION
terminating party Such termination is not effective if the failure is cured GeoEngmeers will indemnify and hold the Client harmless from and against
before expiration of the period specified in the written notice Upon any claims,liabilities,damages and costs(including reasonable attorney fees
termination for cause by either party,all invoices for services performed up and costs of defense) arising out of death or bodily injury to persons or
to the date of termination are immediately due and payable damage to property to the extent proven to be caused by or resulting from
Termination for Convenience the sole negligence of GeoEngmeers, its agents or its employees For any
Either party may terminate this Agreement for convenience upon 14 days such claims, liabilities, damages or costs caused by or resulting from the
written notice to the other In the event that Client requests early termination concurrent negligence of GeoEngmeers and other parties, including the
of our services for convenience, we reserve the right to complete such Client,the duty to indemnify shall apply only to the extent of GeoEngmeers'
analyses and records as are necessary to place our files in order and to proven negligence
complete a report on the services performed to date Charges for these The Client will defend, indemnify and hold GeoEngmeers, including its
termination activities are in addition to all charges incurred up to the date subsidiaries and affiliates, harmless from and against any and all claims
of termination Upon termination for convenience by either party, all (including without limitation, claims by third parties and claims for
invoices for services performed up to the date of termination and termination economic loss), liabilities, damages, fines, penalties and costs (including
fees defined herein are immediately due and payable without limitation reasonable attorney fees and costs of defense)arising out
of or in any way related to this project or this Agreement, provided that
SUSPENSION OF SERVICES Client's indemnification obligations for death or bodily injury to persons or
If the project or GeoEngmeers' services are suspended by the Client for damage to property shall not apply to the extent of the proven negligence of
more than thirty(30)calendar days,consecutive or in the aggregate,over the GeoEngmeers,its officers,agents and employees
tern of this Agreement,GeoEngmeers shall be compensated for all services Client's indemnification obligation shall include, but is not limited to, all
performed and reimbursable expenses incurred prior to the receipt of notice claims against GeoEngmeers by an employee or former employee of Client,
of suspension In addition, upon resumption of services, the Client shall and Client expressly waives all munurim and limitation of liability under
compensate GeoEngmeers for expenses incurred as a result of the any industrial insurance act,worker's compensation act, disability benefit
suspension and resumption of its services,and GeoEngmeers'schedule and act, or employee benefit act of any jurisdiction which would otherwise be
fees for the remainder of the project shall be equitably adjusted applicable in the case of such claim Client's waiver of immunity by the
If GeoEngmeers' services are suspended for more than ninety (90) days, provisions of this paragraph extends only to claims against GeoEngmeers by
consecutive or in the aggregate, GeoEngmeers may terminate this Client's current or former employees and does not include or extend to any
Agreement subject to the terms in the "Termination for Convenience" claims by Client's employees or former employees directly against Client
clause By entering into this Agreement, Client acknowledges that this
If Client:is in breach of the payment terms,states their intention not to pay Indemnification provision has been reviewed,understood and is a material
forthcoming invoices,or otherwise is in material breach of this Agreement, part of the Agreement,and that Client has had an opportunity to seek legal
GeoEngmeers may suspend performance of services upon five(5)calendar advice regarding this provision
days' notice to Client or terminate this Agreement according to the
"Termination for Cause"clause GeoEngmeers shall have no liability to the LIMITATION OF REMEDIES
Client,and the Client agrees to make no claim for any delay or damage as a GeoEngmeers' aggregate liability responsibility to Client,including that of
result of such suspension caused by Client's breach of this Agreement our subsidiaries and affiliates, officers, directors,employees and agents, is
Upon receipt of payment in full of all outstanding sums due from Client,or limited to $50,000 or the amount of GeoEngmeers' fee under this
curing of such other breach which caused GeoEngmeers to suspend services, Agreement, whichever is greater This limitation of remedy applies to all
GeoEngmeers shall resume services and there shall be an equitable lawsuits,claims or actions,whether identified as arising in tort, contract or
adjustment to the remaining project schedule and fees as a result of such other legal theory, (including without limitation,GeoEngmeers' indemnity
suspension Any suspension by GeoEngmeers exceeding 30 calendar days
GeoEngieers-General Conditions-Standard-Rev07/08 Page 3 of GwEN61NEERtrd
C r
obligations in the previous paragraph) related to our services under this BIOLOGICAL POLLUTANTS
Agreement and any continuation or extension of our services Our Scope of Services specifically excludes the investigation, detection,
If Client desires a higher limitation, GeoEngmeers may agree, at Client's prevention or assessment of the presence of Biological Pollutants The term
request, to increase the limitation of remedy amount to a greater sum in "Biological Pollutants"includes,but is not limited to,molds,fungi,spores,
exchange for a negotiated increase in our fee Any additional charge for a bacteria,and viruses,and/or any of their byproducts
higher limit is consideration for the greater risk assumed by us and is not a Our Instruments of Service will not include any interpretations,
charge for additional professional liability insurance Any agreement to recommendations, findings or conclusions pertaining to Biological
increase the limitation of remedy amount must be made in writing and Pollutants Accordingly, Client agrees that GeoEngmeers will have no
signed by both parties in advance of the provision of services under this liability for any claims alleging a failure to investigate, detect, prevent,
Agreement assess, or make recommendations for preventing, controlling, or abating
By entering into this Agreement,Client acknowledges that this Limitation of Biological Pollutants Furthermore,Client agrees to defend,indemnify,and
Remedies Clause has been reviewed, understood and is a material part of hold harmless GeoEngmeers from all claims by any third party concerning
this Agreement,and that Client has had an opportunity,to seek legal advice Biological Pollutants to the extent of the INDEMNIFICATION section in
regarding this provision these GENERAL CONDITIONS
INSURANCE CLAIMS ASSISTANCE FOR CLIENT
GeoEngmeers maintains Workers' Compensation and Employer's Liability If a construction contractor or other party files a claim against Client,
Insurance as required by state law We also mamoun comprehensive relating to services performed by GeoEngmeers and Client requires
general,auto,professional and environmental impairment liability insurance additional information or assistance to evaluate or defend against such
We will provide copies of certificates evidencing these policies at the claims,we will make our personnel available for consultation with Client's
request of the Client staff and for testimony,if necessary We will make such essential personnel -
available upon reasonable notice from Client and Client will reimburse
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES GeoEngmeers for such consultation or testimony, including travel costs,at
the rates that apply for other services under this Agreement We wdl
In no event will either party be liable to the other for any special,indirect, provide services in connection with any such claims pursuant to a written
incidental or consequential damages of arry nature ansmg out of or related to supplement,if necessary,extending this Agreement
the performance of this Agreement, whether founded in negligence, strict
liability,warranty or breach of contract In addition,Client expressly waives TIME BAR TO LEGAL ACTION
any and all claims against GeoEngmeers for any liquidated damages liability
that may be incurred by or assessed against Client The parties agree that all legal actions by either party against the other
concerning our services pursuant to this Agreement or for failure to perform
DISPUTES in accordance with the applicable standard of care,however denominated,
will become barred two (2) years from the completion of GeoEngmeers'
Except for claims by GeoEngmeers to collect past due amounts owing from services
the Client,the parties to this Agreement must refer any dispute,controversy
or claim ansmg out of or relating to this Agreement or its breach to NO THIRD PARTY RIGHTS
mediation before pursuing any other dispute remedy
Nothing in this Agreement or as a consequence of any of the services
Any dispute,claim or controversy not resolved in mediation will be decided provided gives any rights or benefits to anyone other than Client and
in binding arbitration in accordance with the Construction Industry Rules of GeoEngmeers All duties and responsibilities undertaken pursuant to this
the American Arbitration Association at its offices closest to the project site, Agreement are for the sole and exclusive benefit of Client and GeoEngmeers
unless the parties mutually agree to some other dispute resolution forum and not for the benefit of any other party No thud party shall have the right
Client expressly agrees that before Client can bring a claim or cause of to rely on the product of GeoEngmeers' services without GeoEngmeers'
action against GeoEngmeers as provided above, based on professional prior written consent and the third party's agreement to be bound to the same
negligence or breach of the professional standard of care,Client will obtain terms and conditions as the Client
the written opinion of a licensed or registered professional practicing in the
same licensing jurisdiction as the project in dispute The professional who ASSIGNMENT OF CONTRACT OR CLAIMS
prepares the written opinion must be licensed or registered in the discipline Neither the Client nor GeoEngmeers may delegate,assign,sublet,or transfer
or technical specialty that is the basis for the dispute The written opinion of the duties, interests or responsibilities set forth in this Agreement, or any
the licensed or registered professional must indicate that,in the professional cause of action or claim relating to the services provided under this
opinion of the writer,GeoEngmeers violated the prevailing standard of care Agreement to other entities without the written consent of the other party
in delivery of its sernces Further, the written opinion must describe the
basis for that opinion and a conclusion that the alleged failure to comply SURVIVAL
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 These terms and he termination
ionsur of the completion w the services under this
comment at least 10 days before the claim or cause of action can be Agreement and the[ennmation of this Agreement,whether for cause or for
submitted to arbitration The parties agree that this clause was mutually convenience
negotiated and is an integral part of the consideration for this Agreement
SEVERABILITY
CHOICE OF LAW AND PREVAILING PARTY RIGHTS If any provision of this Agreement is ever held to be unenforceable, all
remaining provisions will continue in full force and effect Client and
This Agreement is governed by and subject to interpretation pursuant to the
laws of the State of Washington The prevailing party in any arbitration or GeoEngmeers agree that they will attempt in good faith replace any
litigation will be entitled to recover reasonable attorneys' fees, legal costs, unenforceable provision with one that is valid and enforceable,
e,and which
arbitration fees and other claim-related expenses,including reasonable fees conforms as closely as possible with the orgmal intent of any unenforceable
for the time of its personnel provision
GeoEngmeers-General Conditions-Standard-Rev07,08 Page 4of4 GEOENGINEERS
SCHEDULE OF CHARGES — 2009
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 $ 140/hour
Project Engineer 1 $ 145/hour
Project Scientist $ 145/hour
Project Engineer 2 $ 150/hour
Senior Engineer/Scientist 1 $ 160/hour
Senior Engineer/Scientist2 $ 170/hour
Associate $ 180/hour
Principal $ 200/hour
Senior Principal $ 225/hour
Technical Support Staff
Administrator 1 $ 65/hour
Technician $ 65/hour
Administrator $ 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/Developer1 $ 96/hour
Staff Analyst/Developer 2 $ 116/hour
Staff Analyst/Developer3 $ 134/hour
Project Analyst/Developer1 $ 152/hour
Project Analyst/Developer2 $ 158/hour
Senior Analyst/Developer1 $ 171/hour
Senior Analyst/Developer2 $ 182/hour
Associate Analyst/Developer $ 193/hour
Principal AnalysVDeveloper $ 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 kSchedrdea_of Chargem2WSchedide_Redmord-Tacoma-2009dac Page I oft
GEOENGINEER
r
SCHEDULE OF CHARGES—2009(CONTINUED)
Equipment
Air Quality Equipment,per day $ 150.00
Air Sparging Field Test,per day $ 50000
Asbestos Sample Kit,per day $ 2500
Blastmate,per day $ 10000
22-foot Sampling and Dive Boat(plus fuel),per day $ 75000
Camcorder,per day $ 5000
Concrete/Masonry Field Gear,per day $ 15.00
Crack Gauges,per gauge $ 2500
D&M Sampler,per day(1 day min.) $ 8000
Data Logger-8-channel,per day $ 30000
Electrical Tape,per day $ 2500
Environmental Exploration Equipment,per day $ 15000
Flow Meter,per day $ 4000
Gas Detection and Oxygen Meters,per day(1 day min.) $ 10000
Generator,per day(1 day min) $ 10000
Gectechnical Exploration Equipment,per day' $ 12500
GPS Unit-Professional Grade,per day $ 10000
Groundwater Development and Sampling Pump,per day(1 day min) $ 10000
Groundwater Monitoring Equipment,per day $ 22000
Hydrolab Multi Probe,per day $ 10000
Interface Probe,per day $ 5000
Nuclear Density Gauge,per hour(4 hour daily min) $ 1000
Operations and Maintenance Equipment,per day $ 25000
Peristaltic Pump,per day $ 5000
pH Meter(per day) $ 1500
PID,FID or OVA,per day $ 10000
Sampling Van/Trailer,per day $ 6000
Saximeter,per day $ 2500
Scuba Diving,per day/per diver $ 25000
Single Channel Data Logger w/Transducer,per day $ 10000
Slope Indicator,per day(1 day min) $ 20000
Soil Samples(in Rings),per sample $ 500
Soil Samples(in Sleeves),per sample $ 800
Spectro Photo Meter,per day $ 4500
Stereoscope,per day $ 2000
Strain Gauge Readout,per day $ 4000
Tedlar Bags&Air Sampling Equipment,per sample $ 1500
Turbidity Testing Equipment,per day $ 30.00
Underwater Camera-Still,per day $ 5000
Underwater Camera-Video,per day $ 15000
Vapor Extraction Field Test,per day $ 50000
Vehicle usage,per mile,or$50/day,whichever is greater $ 065
Vehicle-4-wheel drive truck,per day $ 80,00
Water Quality Equipment,per day $ 12500
Specialized and miscellaneous field equipment,at current rates,list available upon request
OTHER SERVICES,SUPPLIES AND SPECIAL TAXES
Charges for services,equipment,supplies and facilities not furnished in accordance with the above schedule,and any unusual
items of expense not customarily incurred in our normal operations,are charged at cost plus 15 percent This includes
shipping charges,subsistence,transportation,printing and reproduction,miscellaneous supplies and rentals,surveying
services,drilling equipment,construction equipment,watercraft,aircraft,and special insurance which may be required Taxes
required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost
Routinely used field supplies stocked in-house by GecEngineers,at current rates,list available upon request
In-house tesUngfor geotechnical soil characteristics at current rates,list available upon request
Computer hardware and software,telephone and fax communications,printing and photocopying and routine postage via
USPS will be charged at a flat rate of 6 percent of labor charges These charges are labeled as Associated Project Costs(APC).
Per diem may be charged in lieu of subsistence and lodging
All rates are subject to change upon notification.
N Schedidu_of ChargesLI009Uchedu7e_Redmond-Tacoma-2009 doc Page 2 of GEGENGINEERL
LABORATORY SCHEDULE OF CHARGES — 2009
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 soil for lime/soil cement) $ 90
Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure
(ANSI/ANSW C105/A215) Includes evaluation of resistivity, pH, Redox potential,
sulfides and moisture) $ 120
Atterberg Limits(ASTM D4318-84) $ 105
Nonplastic $ 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
Tnaxial 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 pressur
e measurement $ 500
Consolidated Drained -CD(Army Corps of Engineers EM 1110-2-1906 AppendixX) $ 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 A and B $ 350
Method C $ 600
CBR,1 point with Proctor(ASTM D1883-87) $ 325
Additional points,each $ 85
N lSchedidesof Charge A20091Schedafe-Lah_lnside Chasges_Red-3009 dac Pagel oj2 GEOENGINEERL�;7
LABORATORY SCHEDULE OF CHARGES -2009(CONTINUED)
Tvpe 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 soils Negotiated unit rates or hourly rates will
be charged for these procedures
**Not WAB4certified
N Sch,duk,• fCha,pe,?009,&hedule-L+b_Mn,&Charges_Red-2009 doc Page 2 of GEoENGINEERS
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 11 85. 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:
EXHIBIT B (Continued )
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.
3. Professional Liability insurance shall be written with 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 following
provisions for Automobile Liability and Commercial General Liability
insurance:
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 receive 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
EXHIBIT B (Continued )
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
CERTIFICATE OF LIABILITY INSURANCE Sage 1 of a [JAT`z6'i2oo9'
PaoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
677-945-737$ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hillis RRR HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 century Blvd, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P, O. Box 305191
Nashville, 'PN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURE4 QooSn9inearc, Inc_ INk,RC_RA Travolors P%oPmrtY Caqual L)( C_._sny_ef Am 25674-003
1101 S. Fawcett INSURER Travalers Property CAsualty Company of_Am 25674-002
Suite 200 -
Tacoma, WIL 58402 INSURCRr —
INSURERO
INn,Rr R E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW I4AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IN ADD T'YPB OFINSURANCO POLICYNUMftR PO IGV F TI OLiOY.�XflifiA
A X GENERALUABILITY 630532D8375TIL08 ll/l/2008 3/31/2009 ,eACHccruRRENcc s _1.0Q0.000
�rFT RFNrED
X_ COMMISRI'IALr F7JCRAL LIABILITY rlvt��Ca oeeurenre1___S_ _�QQ-,�9Q_
_J CIAIMSMADE OCCUR ,MLDLXP(An yoneTenon) $ _ 51000
$ WA Stepp c3ap PERSONAL&ADV INJURY S 11000IQQQ
r_.ENCRAL AGGREGATE_- 51_21-QQQ1 000
,,FN'L AGGRFA;ATEUNIIT APPLIE,`',PFR PROG,Lk_1 y-LVMP/OPPGG �S Z,QQQ,OQQ
$ AUTOMOBILCLIABILITY 810532D$375TIL0$ ll/1/2008 3/31/2009 E MB1NLD)SNGLEUMIr 11000,000
X ANY ALTO
ALL()WNEp AUTO$ DOOILYINJI)RY 'S
SC4 t'041,t;.r,AUTOS (Per Person)
HIREDAUTOS BODILYINJURY _
(Pe1ae0denl) $
NON•OVVNED AUTOS _
PROPERTY GAMAOF '9
(Per acndrrd)
GARAGEUABILITY At rrO ONLY-CA AC,=ENT-
ANY AUTO OTH BFITHAN _EA ACc 5
ALTO ONLY ADG 1 S
E%CESS I UMBRELLA LIABILITY ;EACH OCCURRENCE ,$ _
JQciuuk f , CLAIMSMADE AGGREr A1't -
_ S
DEDUC RBLE I S
RE1 L•N TION S I 9
WORKERS COMPFNSATION AT b OTH
ANDEMPLOYERS LIABILITY N IMI tR
ANY PRt)Cf.IF(BBOkn=ARrNIERexec:UTIVE IY� I E L EAOH�Gc:IDENT_J$
(Mane tory lInMNH)R EXCLUDED? L 11 EL DISF"ASE-EA EMPLOYEE S
If s,dcsc+ibe under
EL DISEASE-POLICVLIMII' F&
B OTHER 1 D TILff- F3_ -1720081/ 009
Business Auto $1,000 Collision DedaCtlbla
(Physical Damaaa) $1,000 Ccmprehenstv,a neductibla
DESCRIPTION CP OPERATIONS LOCATIONS VEHICLES FXCLVSIO NS ADDED BY EN DORSEMENTI SPECIAL PROVISIONS
THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 1/26/2009 WITH ID: 22102859
Re: City of Kent, Wrest Hill Park, GeoBngineers File No. 0410-166-00.
it is agreed that City of Kent and its affiliates or subsidiaries is included as an Additional
Insured as respects to General Liability, but solely in regards to work being performed by or on
Webs g
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 Q DAYS WRITTEN
NOTICe TO THE.CERTIPICAT E HOLOEK NAMF,O TO THE LEFT,BUT FAILUKe TO DO$0 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
City of Kent-Parke and Open Space
Attn: Tony Dona CS REPRESENTATIVES
220 4th AVeAue South AU ESENTAT
Rent, WA 99032-5895
ACORD25(2009101) Co11:2598936 Tp1:852457 Certf12104725 01999-2009ACORDCORPORATION Allrights reserved.
The ACORD name and logo are registered marks of ACORD
Page 2 of 2
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
requite an endorsement- A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s)
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the Issuing insurer(s), authorized
represortative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon,
it
VCORD25(2009MI) Collt2598936 Tp1t852457 Cert:12104725
COMMPRCIAI, c I:NIiItAf,IJAIIIIJ'i'Y
Natned Insured' GeoEngineers, Inc.
Policy Number 605321)8375111.08
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(C'ONTRACTORS)
This endorsement modifies insurance provided under the following-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMI1,RCIAL GENEl2AI. LIABILITY - CONTRACTORS COVERAGE PART
I WI-10 IS AN INSURED - (Section 11) is amended to include any person or
organization you are required to include as an additional insured on this policy by
a written contract or written agreement in effect during this policy period and
signed and executed by you prior to the loss foe which coverage is sought. The
person or organization does not qualify as an additional insured with respect to
the independent acts or omissions of such person or organization, `Ihe person or
oiganrzalron is only an additional n1SUied with respect to liability caused by "your
work" for that additional insured
2. The insurance provided to the additional insured is limited as follows-
a) In the event that the limits of liability stated in the policy exceed the limits
of liability required by a written contract or written agreement in effect
during this policy period and signed and executed by you prior to the loss
for which coverage is sought, the insurance provided by this endorsement
shall be limited to the limits of liability required by such contract or
agreement This endorsement shall riot increase the limits stated in Section
Ill -LIMITS OF INSURANCE,
b) The insurance provided to the additional insured clods not apply to "bodily
injury", "property damage", "personal Injury° or "advertising injury"
arising out ofau architect's, engineer's or surveyor'S rendering of or failure
to render any professional services including,
1. The preparing, approving or failing to prepare or approve Wraps,
shop drawings, opinions, reports, surveys, field orders, change
orders, or drawings and specifications, and
IL. Supervisory or inspection activities performed as part of any
related architectural or engineering activities
G) This insurance does not apply to "bodily injury" or "property damagge"
caused by "your work" included in the "products-completed operations
hazard" unless you aie required to provide such covctage for the
additimal insured by a written contract or written agreement in effect
during this policy period and signed and executed by you prior to the loss
for which coverage is sought and then only for the period of time required
by such contract or agreement and in no event beyond the expiration date
of the policy.
Cal D2 4Cr 10 02 t_`opynght, 111c1 raveled•- Indemnrry Company,2002 Page I of 2
COMMPRC'IAI. Gl-.Nl.RN. LIABILITY
3 Subpart (I)(a) of the Pollution exclusion under Paragraph 2, Exclusions of Bodily
Injury and Property Damage Liability Coverage (Section i - Coverages) does not
apply to you if the "bodily injury" or "property damage" arises out of"your work"
performed on premises which are awned or rented by the additional insured at the
time "your work" is performed.
4 Any coverage provided by this endorsement to an additional insured shall be
excess over any other valid and collectible insurance available to the additional
insured whether primary, excess, contingent or on any other basis unless a written
contract or wntten agreement in effect during this policy period and signed and
executed by you prior to the loss for which coverage is sought specifically
requires that this insurance apply on a primary or nun-contributory basis When
this insurance is primary and there is other insurance available to the additional
insured from any source, we will share with that other insurance by the method
described in the policy
5 As a condition of coverage, each additional insured must•
a ) Give us prompt written notice of any"occurrence" or offense which may
result in a clairtt and prompt written notice of "$Uit"
b.) Jmmediatcly forward all legal papers to us, cooperate in the investigation
or settlement of the claim or defense against the "suit," and otherwise
comply with policy conditions
c ) Tender the defense and indemnity of any Claim or"suit" to any other
insurer which also insures against a loss we cover under this endorsement
This includes, but is not limited to, any insurer which leas issued a policy
of insurance in which the additional insured qualifies as an insured. For
purposes of this requirement, the terra "insures against" refers to any self-
insurance and to any insurer which issued a policy of insurance that may
provide coverage for the loss, regardless of whether the additional insured
has actually requested that the utSurer provide the additional insured with
a defense and/or indemnity under that policy of insurance,
d) Agree to make available any other insurance that the additional insured
has for a loss we cover under this endorsement
Additional Insured
City of Kent And its artillates or subsidlarlei
Name or Location of Pro
leef
Re: City of Kent,West Hill Party GcoEngineers File No.0410-I66-00.
Car D2 46 1()02 C'opynght, fhe'fravclo 9 Indcmmly Comp my,2(02 Naga 2 of 2