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PK09-095 - Original - GeoEngineers - Turnkey Park - 2/26/09
ecords Mam-age OT _,411 Document` WASHINGTGN +1 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: 6e0 Gil�(nee rs Vendor Number: 303(5;r JD Edwards Number Contract Number: fOle 0?- O `5� This is assigned by City Clerk's Office II�� /' Project Name: �(�. VhV-eU Pot ✓ 1 — - Ctd- &e og cJ ServiCe s Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment (Contract ❑ Other: Contract Effective Date: Z (Z 6 Termination Date: --23 ( 2-1 U Contract Renewal Notice (Days): ,i6 ^ Number of days required notice for termination or renewal or amendment Contract Manager: L)6-1\ Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\forms\ContractCover\adcc7832 1 11/08 400.,00 KENT WASH NGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers THIS AGREEMENT is made between the Cityof Kent, a Washington municipal corporation 9 (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: Consultant will perform geotechnical services at Turnkey Park in Kent, Washington as described in the consultant's proposal dated February 13, 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 Six Thousand Five Hundred Dollars (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. 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) e 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 provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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: �Sq, W(4 By: (sign ure) (signature) Print Name: l ft Print Name: Jeff Watling Its: IAJ( I Its: Parks Director (title) DATE: O <pool DATE: CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Garry Squires Brian Levenhagen GeoEngineers City of Kent 1101 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) 856-5060 (facsimile) Turnkey Park Gwte&nical services 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 710 day of f (AW , 2009. By: t4 For: C�566,t4(Aj-t---EAs . .T NC . D Title: D ae (4)(2- 1 P)}' L— Date: 19 '?0� 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 2009. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 A GEOENGINEERS February 13,2009 City of Kent Parks,Recreation and Community Services 525 4d'Avenue Kent, Washington 98032 Attention: Brian Levenhagen SERVICES AGREEMENT TURNKEY NEIGHBORHOOD PARK IMPROVEMENTS FILE NO. 0410-167-00 This confirms the agreement between the City of Kent, Parks.Recreation and Community Services(City) and GeoEngineers, Inc (GeoEngineers) for geotechnical engineering services concerning the proposed Turnkey Neighborhood Park improvements project. The park is located near the intersection of 100`h Avenue SE and SE 233`d 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 February 9,2009. The irregularly shaped site is located in a residential development area. Single-family residence bound the site to the north; multi-family units bound the site to the east and south. The site is bounded to the west by 100d' Avenue SE. Topography within the site slopes gently down to the west The park is partially developed in the eastern potion with tennis courts, playground equipment and open lawn areas. The west portion of the park is currently undeveloped At the time of our initial site visit, city crews were clearing brush and removing selected trees. It is our understanding that you wish to develop this portion of the park as a parking area and open lawn. The parking will be located adjacent to 100`t' Avenue SE, the open space will adjoin the currently developed park area to the east Stormwater drainage improvements will be included for the new pavement area i The services provided by GeoEngineers, Inc.will consist of the following scope items: 1. Review readily available geologic maps that include the site. i 2. Review the U S. Department of Agriculture (USDA), Soil Conservation Survey (SCS) 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. 4. Explore soil and groundwater conditions by excavating up to six 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. 5. Perform laboratory testing on selected soil samples obtained from the explorations to evaluate pertinent engineering characteristics. We anticipate that the laboratory test program will consist ` 1 Earth Science 4 Technology ' _ - 1101 S Fawcett Ave tel.eh.n. 253 383 4940 , Solte 200 lacsimlle 253 383 4923 , Tacoma, WA 96402 wehsne www geoengineers com City of Kent Parks, Recreation and Community Services February 13, 2009 Page 2 of moisture content and particle-size analyses. The results of the particle-size analyses will be used in our evaluation of soil infiltration potential. 6. Discuss the subsurface conditions encountered including the depth, composition, and supporting capacity of native soils and existing fill, as appropriate. 7. 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 S. Provide recommendations for site drainage and control of groundwater that may be encountered. We will include a recommended stormwater infiltration rate for site soils based on our observations and laboratory testing and the guidelines presented in the City of Kent Surface Water Management Manual, September 22,2008 Edition. 9. Comment on any anticipated construction difficulties identified from the results of our site studies. 10. Provide recommendations for conventional and pervious asphalt concrete pavement(ACP)design for the proposed parking areas, including base and subbase requirements. 11. 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 The professional services listed above will be provided in accordance with the terns 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. File No 0410-167-00 (;EoENGINEERi City of Kent Parks,Recreation and Community Services February 13, 2009 Page 3 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 a part of this agreement We estimate that our fee for the services outlined above will be approximately $6,500. 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\0410167\00\Finals\041016700SA 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. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngmeers, Inc, after the expiration date. The services described above are authorized by: City of Kent GeoEngineers,Inc. *By: By Garry H Squires,PE,LG,LEG Title Title: Principal f� Signature: Signature: eyf y Date. Date January 13, 2009 *Individual with contracting authority and responsible for payment of GeoEngmeers,Inc services Disclaimer Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document The original document is stored by GeoEngmeers, Inc and will serve as the official document of record File No 0410-167-00 (3wENGINE£R� 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 prior 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 drafting permit and/or license applications GeoEngmeers' referred to as"us,""we"or"our"throughout this Agreement agency authority under this arrangement shall be limited solely to the 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 Services" 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 eNent 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 terms 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 appropriate government agencies as required by law CLIENT FURNISHED INFORMATION AND OBLIGATIONS Client waves 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 GeoEngineers conducts its surveys or explorations INDEMNIFICATION section of these GENERAL CONDITIONS We can only base our site data, interpretations and recommendations on GeoEngmeers is neither responsible nor liable for the creation,existence,or information reasonably available to us Practical and reasonable limitations on mailable data will result in some level of uncertainty,and therefore risk, GeoEngmeers-General Condmons-Smndard-Rev07,'08 Page Iof4 GmENGINEER� with respect to the interpretation of environmental, geological and report produced under this Agreement We will make extra copies of the 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 we limited to the printed on new terns,we reserve the tight 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 transfering 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-tern 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 requiting 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 ansmg out of the reuse of the electronic data CONSTRUCTION AND REMEDIATION OBSERVATION without our written consent and ansmg 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 remedianon activities on site If our Scope of Services does implied,concerning the files and data not include preconstruction plan review and construction/remediation observation, then any reliance by Client or any other party on our BILLING AND PAYMENT preliminary assumptions, conclusions or recommendattons 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 writing Client will notify Our job site activities do not change any agreement between Client and any GeoEngneers 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 or agents Our presence on site does not in any way guarantee the that are more than 30 calendar days past due and amounts in dispute where 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 construction/remediation 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, hen 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 tight 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 retain 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 GeoEngmeers-Geneml Condmons-Standard-Rev07 08 Page 2 of GEOENGINEERurd 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 tight to modify our Schedule of Charges applicable to our In the event Client has paid a retainer to GeoEngineers,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 calendaryear 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, nuts, specifically requested by Client and agreed to by both parties, and not terronst 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 tight 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 Clients 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 term of this Agreement,GeoEngineers 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 immunity and limitation of liability under compensate GeoEngmeers for expenses incurred as a result of the any mdustnal 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 GeoEngineers-General Conditions-Standard-Rev07i08 Page 3 of GEOENGINEERS� 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 tern 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 venting 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 Chent, Insurance as required by state law We also maintain 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 will 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 any nature arising 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 an-, and all claims against GeoEngmeers for any liquidated damages liability TIME BAR TO LEGAL ACTION that may be incurred by or assessed against Client The parties agree that all legal actions by either party ago nst 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 arising 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 arty of the services Any dispute,claim or controversy not resolved in mediation will be decided provided gives ay tights 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 third party shall have the tight 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 parry'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 ti�ansfer 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 services 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 conditions survive the completion of the services under this comment at least 10 days before the claim or cause of action can be Agreement and the termination 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 This Agreement is governed by and subject to interpretation pursuant to the remaining provisions will continue in full force and effect Client and laws of the State of Washington The prevailing party in any arbitration or GeoEngmeers agree that they will attempt in good faith to replace any litigation will be entitled to recover reasonable attorneys' fees, legal costs, unenforceable provision with one that is valid and enforceable, and which arbitration fees and other claim-related expenses,including reasonable fees conforms as closely as possible with the original intent of any unenforceable for the time of its personnel provision GeoEngineers-General Condarons-Standard-RevV 08 Page 4of4 GwENGINEERi.�9 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 $ 85/hour Engineer 1 $ 95/hour Scientist 2 $ 105/hour Engineer 2 $ 112/hour Scientist $ 122/hour Engineer 3 $ 128/hour Project Scientist 1 $ 140/hour Project Engineer 1 $ 145/hour Project Scientist 2 $ 145/hour Project Engineer 2 $ 150/hour Senior Engineer/Scientist 1 $ 160/hour Senior Engineer/Scientist 2 $ 170/hour Associate $ 180/hour Pnncipal $ 200/hour Senior Principal $ 225/hour Technical Support Staff Administrator 1 $ 65/hour Technician $ 65/hour Administrator 2 $ 70/hour CAD Technician $ 75/hour Administrator $ 75/hour Senior Technician $ 80/hour CAD Designer $ 85/hour CAD Design Coordinator $ 90/hour Lead Technician $ 95/hour Applied and Information Technology Staff Staff Analyst/Developer 1 $ 96/hour Staff Analyst/Developer $ 116/hour Staff Analyst/Developer 3 $ 134/hour Project Analyst/Develcper1 $ 152/hour Project Analyst/Developer2 $ 158/hour Senior Analyst/Developer1 $ 171/hour Senior Analyst/Developer2 $ 182/hour Associate Analyst/Developer $ 193/hour Principal Analyst/Developer $ 214/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above Staff time spent in depositions,trial preparation and court or hearing testimony will be billed at one and one-half times the above rates Time spent after normal working hours,on weekends,or on holidays,at the specific request of Client,will be charged at the above rates plus 25 percent Time spent in either local or inter-city travel,when travel is in the interest of this contract,will be charged in accordance with the foregoing schedule Rates for data storage and web-based access will be provided on a project-specific basis N Uchedules_of Charged2009'Schedule_lWmond-7acama-?009 doc Pagel oft GWENGINEEPi�g SCHEDULE OF CHARGES-2009(CONTINUED) Equipment Air Quality Equipment,per day $ 15000 Air Spargmg Field Test,per day $ 50000 Asbestos Sample Kit,per day $ 25.00 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 $ 1500 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 Geotechnical Exploration Equipment,per day $ 125.00 GPS Unit-Professional Grade,per day $ 100.00 Groundwater Development and Sampling Pump,per day(1 day min.) $ 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 Sod Samples(in Rings),per sample $ 500 Soil Samples(in Sleeves),per sample $ 800 Spectra Photo Meter,per day $ 4500 Stereoscope,per day $ 2000 Strain Gauge Readout,per day $ 4000 Tedlar Bags&Air Sampling Equipment,per sample $ 15.00 Turbidity Testing Equipment,per day $ 3000 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 $ 8000 Water Quality Equipment,per day $ 12500 Specialized and miscellaneous field equipmen4 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 GeoEngmeers,at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request Computer hardware and software,telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges These charges are labeled as Associated Project Costs(APC). Per diem may be charged in lieu of subsistence and lodging All rates are subject to change upon notification N&ftedtder of Charged2009LSSchedal°_Redmond-Tacoma•1009 doc Page 1 of 2 GEOENGINEERird LABORATORY SCHEDULE OF CHARGES - 2009 Tvoe of Test Unit Price Soil Index and Classification Tests Soil Description(ASTM D2488-90) $ 12 Moisture Content Oven (ASTM D2216-90) $ 16 Moisture/Densely 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 Triaxial Compression Unconfined Comp -UC(ASTM D2166-85) $ 90 Unconsolidated Undrained - UU(ASTM D2850-78) $ 175 Unconsolidated Undrained(back pressure saturation) $ 350 Consolidated Undrained -CU(ASTM D4767-88)with pore pressure measurement $ 500 Consolidated Drained-CD(Army Corps of Engineers EM 1110-2-1906 Appendix X) $ 500 Consolidated Undrained or Consolidated Drained(3 points,staged) $ 1,200 Consolidation(ASTM D2435-90 With 2 timed load increments $ 450 Additional timed load increments,each $ 40 One-Dimensional Swell(ASTM D4546-90) Methods A and B $ 350 Method C $ 600 CBR,1 point with Proctor(ASTM D1883-87) $ 325 Additional points,each $ 85 N&hedales_of ChargesU009\S hedaiedah la,,de Charges_Red-?009 dw Page 1 of GEOENGINEERSL LABORATORY SCHEDULE OF CHARGES -2009(CONTINUED) Type of Test Unit Price Permeability Tests Constant or falling head in rigid wall permeameter(ASTM D2434-68,D5856-95) $ 185 In triaxial cell with back pressure saturation (ASTM D5084-90) $ 500 Soil Sample Preparation Extrusion - Extrude and log(visual classification)Shelby tube sample $ 35 Remolding-Remolding a soil sample to desired moisture and density $ 12-$65 Aggregate and Rock Tests Unconfined Compression Test(ASTM D2938) One test only 60 More than one test 50 Percent of Fracture(WSDOT 103) 50 Sand Equivalent(AASHTO T 176-86) 65 Specific Gravity,Fine/Coarse Aggregate(ASTM C127-88,C128-88) 65 Concrete, Mortarand 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 WABacertified N I.&hedakt_of Charge U00913eh¢dale-Lab_lm de Clwegei Red-2009 dx page 2 of 2 GEOENGINEERS rP 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 A:VII. 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. r 4- DATE g CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 20/009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie HRH HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoHngineers, Inc. INSURERA Travelers Property Casualty Company of Am 25674-003 1101 S. Fawcett INSURERB Travelers Property Casualty Company of Am 25674-002 Suite 200 Tacoma, WA 98402 INSURERC INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR N R TYPEOFINSURANCE POLICY NUMBER DATE MMIDD/YYYY DATE MM/DD/yVY A X GENERALUABILITY 630532DB375TILOB 11/1/2008 3/31/2009 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(E.ddcurence) $ 300,000 CLAIMS MADEOCCUR MED EXP(Anyoneperson) $ 5.000 X WA Stop Gap PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GENIAGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGG S 2,000,000 POLICY PRO- JECT LOD $ AUTOMOBILE LIABILITY 810532DB375TIL08 11/1/2008 3/31/2009 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULEDAUTOS HIRED AUTO8 BODILY INJURY NON-OWNEDAUTOS (Per accident) $ PROPERTYCAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTOONLY AGG $ EXCESS UMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATUS OTH- AND EMPLOYERS'LIABILITY TORY LI MINTS ER ANY PROPRIETOR/PARTNER/EXECUTIVE y❑ EL EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDE (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under EL DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS b I OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: City of Kent, Turnkey Park Improvements. File No. 0410-167-00. It is agreed that The City of Kent, Washington and its Affiliates or Subsidiaries are included as Additional Insureds as respects to General Liability, but solely in regards to work being performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Kent - Parks and Open. Space Attn: Tony DOnatl REPRESENTATIVES 220 4th Avenue South AU ZE ESENTAT Kent, WA 98032-5895 ACORD 25(2009/01) Coll:2623173 Tpl:852454 Cert:12169275 ©1988-2009 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) I DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, j extend or alter the coverage afforded by the policies listed thereon I I i { 1 ACORD 25(2009/01) Co11:2623173 Tp1:852454 Cert:12169275 I Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE It DATE ..,,..., „,a. .o . 02/23/09 NAME AND ADDRESS OF INSURED GeoEngineers,Inc. 1101 Fawcett Avenue,Suite 200 Tacoma, WA 98402 This certifies that the insurance policy (described below by a policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance afforded by the policy is subject to all of its terms, exclusions and conditions. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 209019 01/01/09 12/31/09 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION City of Kent-Turnkey Park Improvements GeoEngineers File No.: 0410-167-00 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Kent-Parks and Open Space Attn: Tony Donati 220 4th Avenue South Kent,WA 98032-5895 President Verify Workers' Comp Premium Status -Employer Liability Certificate Page 1 of 1 Washington State Department of q,srA Employer Liability Labor and Industries ` ��y Certificate a 6� Department of Labor and Industries Employer Liability Certificate Date: 02/20/2009 UBI#: 600 375 010 Legal Business Name: Account#: 429,351-00 Doing Business As'Name: GEOENGINEERS INC Estimated Workers Reported: Quarter 4 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 (360)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, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https://fortress wa.gov/lni/crpsi/AcctInfoPnnt aspx?AccountId=42935100&AccountManag.. 2/20/2009