HomeMy WebLinkAboutPW14-041 - Original - GeoEngineers, Inc. - Kent Regional Trail Connector - Contract - 2/27/2014 Records Mantage" me 'n' tt.
KENT Document
WASNINGTON
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6
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: GeoEnglneers, Inc
Vendor Number:
ID Edwards Number
Contract Number: W A 041
This is assigned by City Clerk's Office
Project Name: Kent Regional Trail Connector
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/14
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Nick Horn Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Conduct subsurface explorations and laboratory testing for_developing_geotechnicaI
recommendations for the project.
5•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
S
e
Local Agency Consultant/Address/Telephone
GeoEngineers, Inc.
Standard Consultant 1101 S Fawcett Ave., Suite 200
Agreement Tacoma, WA 98402
®Architectural/Engineering Agreement
❑ Personal Services Agreement (253)383-4940
Agreement Number
LA 8128 Project Title And Work Description
Federal Aid Number Kent Regional Trail Connector
CM-0615(008) Conduct subsurface explorations and laboratory
Agreement Type(Choose one) testing as a bans foi developing geotechnical
recommendations related to the design and
❑ Lump Sum construction of the project
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
❑Yes ® No °Jo
❑Actual Cost
Federal ID Number or Social Security Number
❑Actual Cost Not To Exceed °Jo 91-6237984
❑ Fixed Overhead Rate °Jo Do you require a 1099 for IRS? Completion Date
Fixed Fee $ ❑Yes ® No June 30, 2014
®Specific Rates Of Pay Total Amount Authorized $ 12,559.00
® Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work Maximum Amount Payable$ 12,559.00
Index of Exhibits (Check all that apply):
®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates
❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost
❑Exhibit B-1 DBE Utilization Certification ®Exhibit H Title VI Assurances
®Exhibit C Electi onic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement
❑Exhibit D-1 Payment-Lump Sum ®Exhibit J Alleged Consultant Design Error Procedures
❑Exhibit D-2 Payment-Cost Plus ®Exhibit K Consultant Claim Procedures
®Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase
❑Exhibit DA Payment-Provisional ®Exhibit M-1a Consultant Certification
❑Exhibit E-I Fee-Lump/Fixed/Unit ®Exhibit M-1b Agency Official Certification
®Exhibit E-2 Fee-Specific Rates ®Exhibit M-2 Certification-Primary
® Exhibit F Overhead Cost ❑ Exhibit M-3 Lobbying Certification
❑Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification
❑Exhibit G-I Subconsultant Fee ® App 31.910 Supplemental Signature Page
TIES AGREEMENT,made and entered into this 1K day of _eLima2014
between the Local Agency of City of Kent Washington,herein called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT"
DOT Rev 1 09 20 3F Page 1 of 8
,
WiTNESSETH THAT
WHEREAS,the AGENCY desires to accomplish the above referenced project, and
WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms,conditions, covenants and performance contained herein, or attached
I
and incorporated and made a part hereof,the parties hereto agree as follows
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY Necessary contacts and meetings with agencies,groups, and/or individuals shall be
coordinated through the AGENCY The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State Community,City or County officials,groups or individuals as may be
requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A"
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race,color,national origin, or
sex in the performance of this contract The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT
Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CFR Part 26, or participation of Minority
Business Enterprises(MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown on Exhibit"B" attached hereto and by this reference made a part of this AGREEMENT if the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan" The mandatory DBE participation goals of the AGREEMENT are those
established by the W SDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY
All Reports, PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C"
All designs,drawings, specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGFNCY Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT A prioi supplemental agreement issued by the AGENCY is required to extend the established
completion time
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto, and by reference made part of this AGREEMENT Such
payment shall be full compensation for work perfoi coed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31
A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G "
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY
All reimbursable direct labor,overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V All sub-contracts shall contain all applicable provisions of
this AGREEMENT
With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39 04 250 and RCW 39 76 011
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY No permission for sub-contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship A DBE certified sub-consultant is required to perform a minimum
amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration,contingent upon or resulting from the award or
making of this contract For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee,commission, percentage,brokerage fee, gift,or contingent fee
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility,of the CONSULTANT
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract, any
professional or technical personnel who are,or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees,without written consent of the public employer of such person
VIII Nondiscrimination
Dui mg the performance of this contract,the CONSULTANT,for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et seq)
49 CFR Part 21
23 CFR Part 200
RCW 49 60 180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit' H" in
every sub-contract, including procurement of matei tals and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice io
the CONSULTANT
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit"I" for the type of
AGREEMENT used
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply
Page 4 of 8
S
In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously
In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT,or dissolution of the partnership,termination of the corporation, or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence, desire to tei inmate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT
X Changes of Work
The CONSUL ANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY,without additional compensation thereof
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised.the CONSULTANT shall make such revisions as directed by the AGENCY This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSUL PANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT,provided,
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo Judicial review if the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J", and disputes concerning
claims will be conducted under the procedures found in Exhibit"K"
a
XII Venue, Applicable Law, and Personal Jurisdiction
in the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington The
CONSULTANT hereby consents to the personal Jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State,and local laws and ordinances applicable to the work to be
done under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the
State of Washington
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands, or suits at law or equity arising in whole or
in part from the CONSULTAN f'S negligence or breach of any of its obligations under this AGREEMENT, provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or
the STATE,their agents, officers and employees, and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the CONSULTANT'S agents or employees, and(b)the AGENCY or the
STATE,their agents, officers and employees,this indemnity provision with respect to(1)claims or suits based upon
such negligence (2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42 23,
which is the Code of Ethics for regulating contract interest by municipal officers The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law,Title 51 RCW
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT Subject to the processing of a new sole source, or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration By
providing such assistance the CONSULTANT shall assume no responsibility for proper construction techniques,lob
site safety, or any consn uction contractor's failure to perform its work in accordance with the contract documents
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW,
Insurance Coverage
A Worker's compensation and employer's liability insurance as required by the STATE
B Commercial general liability written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of
one million dollars ($1,000,000)per occurrences and two million dollars($2,000,000) in the aggregate for each
policy period
C Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000)
combined single limit
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT The AGENCY
reserves the right to require complete,certified copies of all required insurance policies at any time
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)days of the execution of
this AGREEMENT to the AGENCY
No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million (51,000 000)dollars,whichever is the greater, unless modified by Exhibit"L" In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT.or otherwise in law
XIV Extra Work
A I he AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable,(2)delivery or completion schedule, or both, and(3)other affected terms and shall modify the
AGREEMENT accordingly
C The CONSULTANT must submit any"request for equitable adjustment',hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order However, if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed
E Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M
-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions,
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data Exhibit"M-3" is required only in AGREEMENTS over$100,000 and
Exhibit"M-4" is required only in AGREEMENTS over$500,000
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation,promise or agreement not set forth herein No changes, amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect The CONSULTANT does hereby ratify and adopt all statements representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
By By
Consultant GeoEngineers, Inc. Agenri:tyent
DOT
Page 8 of 8
GEOEINC-01 HIEHLEJO
DATE DlYYYY)
CERTIFICATE OF LIABILITY INSURANCE 214/2
21412014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER _
IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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) _
CONTACT
PRODUCER NAME
Willis of Seattle,Inc ac°No Eai (877)946-7378 FAX No (888)467-2378
c/o 26 Centuryry Blvd. E-MaL
P 0 Box 305'91 ADDRESS
Nashville,TN 37230-5191 INSURER(51 AFFORDING COVERAGE NAIC#
INSURER A Travelers Property Casualty Company of America 25674
INSURED INSURER B Wausau Underwriters Insurance Company 26042
GeoEngmeers,Inc INSURERC
8410 154th Ave NE INSURER D
Redmond,WA 98052 INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER' REVISION NUMBER _
THIS IS TO CERTIFY THAT 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 SUBJECTTOALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ADD POLICY EFF POLICY E%P
NTR TYPE OF INSURANCE N POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
GENERAL LIABILITY / EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X 660-533DIS64-TIL-13 1 3/3112013 3/3112014 100,000
PREMISES Ea N7EIYnce $
CLAIMS-MADE OCCUR MEDEXP(Any one person) $ 5,000
PERSONAL&AOV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000,
POLICY PRO LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
Ea_acatlent $
A X ANY AUTO X P-810-532D8375-IND-13 3/31/2013 3/3112014 BODILY NUURY(Per person) $
ALL OWNED SCHEDULED BODILY iNJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS
PER ACCIGENT
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION X WC STATU- OTH-
TORY LIMITS ER
AND EMPLOYERS'LIABILITY 1,000,00
B ANY PROP RIETORIPARTNER/EXECUTIVE Y� NIA CJ-Z91-451667-013 3/31/2013 3/31/2014 EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?(Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000
If yes describe under EL DISEASE POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS f LOCATIONS!VEHICLES (Attach ACORO 10f,Additional Remarks Schedule,if more space Is required)
THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE DATED 2/4/2014
GEI File No 00410-18"0 Re Kent Regional Trail Connector
WA Stop Gap,USL&H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above
City of Kent is included as an Additional Insured as respects to General Liability and Automobile Liability as required by written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
City of Kent AUTHORIZED REPRESENTATIVE
Attn Nancy Yoshitake
400 West Gowe
Kent WA 98032
9)1988-2010 ACORD CORPORATION All rights reserved
ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD
Policy No. 660533D1564TIL13 CO..,,AERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS plies only to such "bodily injury' or "property
AN INSURED damage"that occurs before the end of the pe-
Any person or organization that you agree in a riod of time for which the "written contract re-
"written contract requtnng insurance"to include as quiring insurance" requires you to provide
an additional insured on this Coverage Part, but such coverage or the end of the policy period,
whichever is earlier
a. Only with respect to liability for"bodily injury",
"property damage" or"personal injury% and 2. The following is added to Paragraph 4.a. of SEC-
TION IV - COMMERCIAL GENERAL LIABILITY
b. If, and only to the extent that, the injury or CONDITIONS-
damage is caused by acts or omissions of
you or your subcontractor in the performance The insurance provided to the additional insured herin
of "your work" to which the "written contract is excess over any valid and collectible "other in-
requiring insurance" applies The person or on an o whether primary, excess, contingent addi-
organization does not qualify as an additional on any other basis, that a available to the f you
insured with respect to the independent acts tional insured for a loss we cover However, if you
in omissions re such person or indepenorganizadent
specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
The insurance provided to such additional insured ditional insured under this Coverage Part must
is limited as follows apply on a primary basis or a primary and non-
c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to
this Coverage Part shown in the Declarations "other insurance" available to the additional in-
exceed the limits of liability required by the sured which covers that person or organization as
"written contract requiring insurance", the in- a named insured for such loss, and we will not
surance provided to the additional insured share with that "other insurance" But this insur-
shall be limited to the limits of liability required ance provided to the addmonal insured still is ex-
by that "written contract requiring insurance" cess over any valid and collectible 'other insur-
This enaorsement shall not increase the limits ance", whether primary, excess, contingent or on
of insurance described in Section III - Limits any other basis, that is available to the additional
Of Insurance insured when that person or organization is an
d. This insurance does not apply to the render- additional insured under any "other insurance"
-= ing of or failure to render any "professional 3. The following is added to SECTION IV - COM-
services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS•
or omissions. Duties Of An Additional Insured
e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi-
jury" or "property damage" caused by "your tional insured,
work" and included in the "products-
- completed operations hazard" unless the a. The additional insured must give us written
"written contract equiring insurance" specifi- notice as soon as practicable of an "occur-
rally requires yoj to provide such coverage rence" or an offense which may result in a
fo, that additional insured, and then the insur- claim. To the extent possible, such notice
ance provided to the additional insured ap- should inciuoe
CG D4 14 04 DS 02D08 The Travelers Companies,Inc Page 1 of 2
aosaso
COMMERCIAL GENERAL LIABILI. Y
I. How, when and where the 'occurrence" any provider of other insurance which would
or offense took place, cover the additional insured for a loss we
ii. The names and addresses of any injured cover However, this condition does not affect
persons and witnesses, and whether this insurance provided to the addi-
iii. The nature and location of any injury or tional insured is primary to that other msur-
damage arising out of the 'occurrence" or ance available to the additional insured which
offense covers that person or organization as a
named insured
b. If a claim is made or "suit" is brought against 4. The following is added to the DEFINITIONS Sec-
the additional insured, the additional insured tion:
must.
i. Immediately record the specifics of the "Written contract requiring insurance" means that
claim or"suit'and the date received, and part of any written Contract or agreement under
which you are required to include a person or or-
ii Notify us as soon as practicable ganization as an additional insured on this Cover-
The additional insured must see to it that we age Part, provided that the "bodily injury" and
receive written notice of the claim or "suit" as "property damage" occurs and the "personal in-
soon as practicable fury" is caused by an offense committed
c. The additional insured must immediately send a. After the signing and execution of the contract
us copies of all legal papers received in con- or agreement by you,
nection with the claim or"suit", cooperate with b. While that part of the contract or agreement is
us in the investigation or settlement of the. in effect, and
claim or defense against the "suit', and oth-
erwise comply with all policy conditions c, Before the end of the policy period
d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
}
I
Page 2 of 2 0 2008 The Travelers Companies,Inc CG D4 14 04 08
COMMERCIAL AUTO•
POLICYNUMBER: P-810-532D8375-IND-13 ISSUE DATE'
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi-
fied by ttrs endorsement
This endorsement identifies person(s)or organization(s) who are InsuredS" under the Who Is An Insured Provi-
sion or the Coverage Form This endorsement does not alter coverage provided m the Coverage Form.
SCHEDULE
Name of Person(s) or Organization(s):
ANY PERSON OR ORGANIZATION TEAT YOU ARE REQUIRED TO INCLUDE AS AN
ADDITIONAL, INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR
AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY• OR
"PROPERTY DAMAGE" OCCLIRS AND THAT IS IN EFFECT DURING TEE POLICY PERIOD.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement)
Each person or organization shown in the Schedule is an "insured'for Liability Coverage, but only to the extent
t iat person or organization qualifies as an `insured" under the Who Is An Insured Provision contained in Section
II of the Coverage Form
CA20 48 02 99 Copyright, insurance Services Office, Inc., 1998 Page 1 of f
Terra Insurance Company TERF%A
(A Risk Retention Group)
Two Fifer Avenue, Suite 100 INSURANCE COMPANY
Madera, CA 94925
CERTIFICATE OF INSURANCE
DATE
02/05/14
NAME AND ADDRESS OF INSURED
GeoEngmeers, Inc.
1101 Fawcett Avenue, Suite 200
Tacoma, WA 98402
This certifies that the "claims made"insurance policy(described below by 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 is issued as a
matter of information only,and confers no rights upon the certificate holder This certificate does not alter,
amend or extend the coverage afforded by this policy
The policy of insurance listed below has 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 policy described herein is
subject to all the terms, exclusions and conditions of such policy Aggregate limits shown may have been
reduced by paid claims.
TYPE OF INSURANCE Professional Liability
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
214019 01/01/14 12/31/14
LIMITS OF LIABILITY $1,000,000 EACH CLAIM
$1,000,000 ANNUALAGGREGATE
PROJECT DESCRIPTION
Kent Regional Trail Connector, GEI File No. 00410-186-00
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
City of Kent (A Risk Retention Group)
Attn: Nancy Yoshitake
400 West Gowe
Kent, WA 98032
President
Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1
Washington State Department of � ts7" o� Employer Liability
Labor and Industries Certificate
M4
Department of Labor and Industries
Employer Liability Certificate
Date: 02/03/2014
UBI #: 600 375 010
Legal Business Name:
Account#: 429,351-00
'Doing Business As'Name: GEOENGWEERS INC
Estimated Workers Reported: Quarter 4 of Year 2013 "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: 5/9/2015
Account Representative: Tl /FEARAED FEROZE (360)902-4797 - Email:
FERH235@Ini.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:Hfortre ss.wa.gov/ln i/crpsi/AectlnfoPrint.a spx?Accountld=4293 5100&AccountManage... 2/3/2014
A
+2
Exhibit A-1
Scope of Work
Project No. LA 8128
See-attached
Documents To Be Furnished By The Consultant
A_geoteehni ea_____1.desi gn__report_presenti n g--the-��f the__exrinrations-and._snmm ari zing-their-indiugs__
and rennmmen�inncnnc
DOT Form 140-089 EF Exhibit A-1
Revised 6,!05
i
EXHIBIT A-1
SCOPE OF SERVICES
GEOENGINEERS, INC.
KENT REGIONAL TRAIL CONNECTOR
KENT,WASHINGTON
FILE NO.0410-186.00
OCTOBER 4,2013
SCOPE OF SERVICES
The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for
developing geotechnical recommendations related to the design and construction of the proposed Kent
Regional Trail Connector In Kent, Washington The project includes construction of the proposed Mill
Creek Footbridge and the construction of retaining walls in sections of the trail between 64th Avenue
South and 72nd Avenue South.
l
The footbridge bridge will be constructed over Mill Creek. The bridge is envisioned as a single-span
reinforced concrete deck supported on shallow foundations. The east abutment of the bridge will be
located near the Interurban Trail, The west abutment will be located In a vacant field. We understand
that abutment loads will be on the order of 160 kips.
A portion of the trail will be located on the south side of the Mill Creek Diversion Channel between
64th Avenue South and 72nd Avenue South. Retaining walls may be required to achieve the trail grade
through this area The walls will retain small cuts, less than 3 feet, and fills that could be on the order of
5 to 7 feet tall. The fill walls may be located about mid-slope on the bank of the channel. Based on
information provided by the City of Kent,the bank of the channel Is about 10 feet high. The fill walls will
likely be required in multiple discrete locations where Fish Cover Dugouts have been excavated into the
south side of the channel.
Our geotechnlcal scope of services in support of design will include the following items:
1. Review existing soil and groundwater information, including select in-house reports and published
geologic maps.
2. Conduct a site visit and geologic reconnaissance of the proposed trall area between 64th Avenue
South and 72rd Avenue South We will observe surface conditions and complete shallow explorations
(hand augers or surface samples) as appropriate. During this site visit we will also coordinate
exploration locations,access and review site safety issues for the bridge explorations.
3 Coordinate clearance and location of existing underground utilities in the project area. We will
contact the Washington Utilities Coordinating Council "One Call" service prior to beginning
explorations.
4. Drill two borings to depths of 20 feet below ground surface (bgs) using hollow stem auger drilling
techniques. One boring will be located at each proposed abutment location.
5. Perform laboratory analysis of select soil samples. We anticipate that our laboratory program will
consist of grain-size analyses and moisture content determinations.
I ,
I
City of Kent i October 4,2013 Page 2
6. Provide seismic design parameters in accordance with American Association of State Highway and
Transportation Officials (AASHTO). We will discuss the potential for liquefaction and provide
settlement estimates as appropriate.
7. Provide recommendations for shallow foundations for the proposed bridge and mechanically
stabilized earth (MSE) walls, We will discuss bearing surface preparation and requirements for
overexcavation of unsuitable material We will also provide design criteria, including allowable soil
bearing pressures, settlement estimates, and allowable lateral resistance values for the design of
foundations.
8. Complete a brief evaluation of the effect of shallow bridge foundations bearing near the slopes, We
will provide recommendations for foundation setbacks, embedment depths, and/or reduced
allowable bearing pressures,as necessary.
9. Provide recommendations for the design of MSE retaining walls. We will provide design soil
parameters In accordance with Washington State Department of Transportation (WSDOT) guidance Ii
for contractor designed MSE walls
10. Complete a limited slope stability evaluation of MSE walls to be constructed on the channel bank.
Our analysis will be based on our limited explorations and our understanding of typical valley sells.
We will provide recommendations for wall bearing support on or adjacent to the channel bank and
recommended minimum reinforcement lengths required for global stability
11. Provide recommendations for site earthwork. We will provide recommendations for imported fill,
reuse of on-site sod,as appropriate,and fill compaction requirements.
12. Prepare a geotechnical design report presenting the results of our explorations and summarizing our
findings and recommendations.
13. Provide additional consultation as required and requested. We anticipate that this could Include
meetings, plan review or developing additional foundation recommendations as appropriate, We
have budgeted 4 hours for a senior geotechnical engineer and 6 hours for a staff engineer to cover
this contingency.
Our scope and budget does not include any construction management,monitoring or inspections. We will
provide a scope and budget forthese services upon request.
I
SCHEDULE
We are currently in a position to start our field coordination and reconnaissance within two to three days
of receiving authorization to proceed. The schedule for field explorations will depend in part on
subcontractor availability but can likely be scheduled within two weeks of authorization We anticipate
our report will be available three weeks after site explorations are complete We will keep you apprised of j
our schedule. If design information is required ahead of this schedule we can provide preliminary
findmg5 and recommendations to the design team as they are developed
I
,
US.GHStt J
Attachment
Exhibit B-1 Fee Estimate
Dlscla Ivor Any electronic form,facsimile ar hard copy of the original docu mans(email,text,tab le,a rid/or figure),It provided,and any attachments are only a
copy of tho original document Do original docu ront is stored by aeoEngineers,iris.and will serve as the official doeaotent of record i
GEOF.NGINEER-5
File No 0410 MIS 00
i
EXHIBIT B
FEE ESTIMATE
CITY OF KENT
ENGINEERING DEPARTMENT
GEOTECHNICAL ENGINEERING SERVICES
PROPOSED MILL CREEK FOOTBRIDGE
KENT, WASHINGTON
FILE NO. 0410-186-00
Classification Hours x Rate = Cost
Principal (Garry Squires) 5 x $217 34 = $1,086 70
Senior Geotechnical Engineer(Lyle Stone) 13 x $147 08 = $1,912 04
Staff Engineer 2(Erik Ventura) 60 x $103 29 = $6,197 40
Support 8 x $85 93 = $644 48
Subtotal Personnel $9,840 62
Other Expenses
Drilling
Mobilization $500
Minimum Daily Equipment Charge $1,200
Bentonite Chips $174
Hole Abandonment $360
Total Drilling $2,234
Laboratory(2 Sieve Analyses and 4 Moisture Content Determinations) $234
Expendables(Mileage,etc.) $250
Subtotal $2,718
Total Estimated Costs $12,559
File No 0410-186-00
February 13,2014 GEOENGINEERS /
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to pro),ide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency The format and standards to
be provided may include, but are not limited to, the following
I. Surveying,Roadway Design &Plans Preparation Section
A Survey Data
N/A
B Roadway Design Files
N/A — -
C. Computer Aided Drafting Files
ACAD ?013
"
D Specify the Agency's Right to Review Product with the Consultant
City4 will rev tex\, genteehmeal design report elertruniral lyprior to finalization
E Specify the Electronic Deliverables to Be Provided to the Agency
Copy,of draft and final nenterhniral design report —
F. Specify What Agency Furnished Services and Information Is to Be Provided
A gf-ote-hniral design rep11]t piresenting the recnitc of the fiPld e-ploration- and summarizing th�r
findingrecommendations -
II. Any Other Electronic Files to Be Provided
i
N/"
DOT Form 14D-089 EF Exhibit C
Revised 10/2013
III. Methods to Electronically Exchange Data
Fm.q i I
A.Agency Software Suite
Mice o-oft OfticC-,2010
B Electronic Messaging System
n 1 k ?010
C File Transfers Format
Word Excel IPG(Adohe)
DOT Form 140-089 EF Exhibit C
Revised 1012013
Exhibit D-3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or
services tendered and for all labor, materials supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit"E" and"F' attached hereto and by this reference made
part of this AGREEMENT The rates listed shall be applicable for the first twelve(12)month
period and shall be subject to negotiation for the following twelve(12)month period upon request
of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or
subsequent twelve(12)month periods within ninety (90) days after completion of the previous
period,the rates listed in this AGREEMENT, or subsequent written authorization(s)from the
AGENCY shall be utilized The rates are inclusive of direct salaries payroll additives, overhead,
and fee The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2 Direct Non-Salary Costs- Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT These charges may include, but are not limited to,the following items travel,
printing, long distance telephone, supplies, computer charges and sub-consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs(excluding air,train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures
However, air,train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31 205-46 "Travel Costs "
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT
i
C. The CONSULTANT shall maintain the original supporting documents in their
office Copies of the original supporting documents shall be supplied to the
AGENCY upon request
d. All above charges must be necessary for the services provided under this
AGREEMENT
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT fot allowable unforeseen costs, or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT Such authorization(s)shall be in writing
and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT This fund may not be replenished Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140-089 EF Exhibit D-3
Revised 3/09
4. Maximum Total Amount Payable- The Maximum Total Amount Payable by the AGENCY to the
CONSUL PANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV,"Extra Work"No minimum
amount payable is guaranteed under this AGREEMENT
5. Monthly Progress Payments. Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above The monthly billing shall be supported by detailed statements for
hours expended at the rates established in Exhibit' E", including names and classifications of all
employees, and billings for all direct non-salary expenses To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee
interviews These interviews may consist of recording the names,titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any iemedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice
of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment The CONSULTANT
has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings
7. Inspection of Cost Records- The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three(3)year period,the cost records and accounts
shall be retained until such litigation, clann, or audit involving the records is completed.
Exhibit E-2
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
P o o Per Hour
Rate �213 73 /o Q 30 /o
Principal _ 63.23_ 13514 18.97� 217.34
Senior Geotechnical Engineer 4279 _ 91.46 _ 12.84 14708
Staff Engineer 2 _30.05 6423 -_ 9.02 _ 10329
Admin/Support _ _ 2500 53.43� 750 __8593
COT F01%140 009 EF Exhibil E•2
Revaod 6105
EXHIBIT F
_ Breakdown of Overhead Cost
ng
Washington State 310 M pe on AvenBuildue
� 310 Map e Park Avenue S E
Department of Transportation PC Box 47300
Olympia WA 98504-7300
Lynn Peterson 360-705-7000
Secretary of Transportation TTY 1-800-833-6388
wwx,wsdot wa gov
September 19, 2013
Michael C McGranahan, Corporate Financial Manager
GeoEngineers, Inc.
8410 154th Ave NE
Redmond,WA 98052-3800
Re: GeoEngineers, Inc. Indirect Cost Rate Schedule
Fiscal Year End December 31, 2012
Dear Mr. McGranahan:
We are accepting the Indirect Cost Rate for FYE December 31, 2012, as prepared by
GeoEngineers, Inc.
Based on our risk assessment for this firm, we are issuing this letter of review
establishing GeoEngineers, Inc. Indirect Cost Rate for the fiscal year ending
December 31, 2012, at 213.73%of direct labor. Costs billed to actual agreements will
still be subject to audit of actual costs.
Please check with the WSDOT Consultant Services Office(IIQ) and/or the WSDOT
Area Consultant Liaison to determine when this reviewed rate will be applicable to your
WSDOT agreement(s).
If you, or any representatives of GeoEngineers, Inc., have any questions, please contact
Martha Roach, Jeri Sivertson, or Steve McKerney at(360)705-7003.
Sincerely,
l
Martha S. Roach
Agreement Compliance Audit Manager [
I
MR:ds
Enclosures
cc: Steve McKerney, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Larry Schofield, MS 47323
File
I`
I
Exhibit F
Breakdown of Overhead Cost
Certification of Final Indirect Costs
Firm Name'GeoEngtneers,Inc,
Indirect Cost Rate Proposal,213 73%
Date of Proposal Preparation(mmidd/yyyy); 0911812013
Fiscal Period Covered(mmlddtyyyy to mm/ddlyyyy) 0110112012 io 12/31/2012
1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates
for the fiscal period as specified above and to the best of my knowledge and belief,
1.)All costs included in this proposal to establish final indirect cost rates are allowable in
accordance with the cost principles of the Federai Acquisition Regulations(FAR)of title 48,
Code of Federal Regulations (CFR),part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR 31
All known material transactions or events that have occurred affecting the firm's ownership,
organization and indirect cost rates have been disclosed
Signature. ( - r
Name of Certifying Official' (Print) Carrie Rarem
Title, cFo
Date of Certification(mm/ddlyyyy).09n8t2013
i
'The"Certifying Official"must be an individual executive or financial officer of the firm eta level
no lower than a Vice President or Chief Financial Officer,or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts
Ref FHWA Directive 4470.1A available online at- I
htto llwww fhwa.dot gov/legsreasfdirectivestordersf44701a.htm
OIH Certification; Nov 2010
t
t
k
6
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x
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Exhibit F
Breakdown of Overhead Cost
GeoEngineers,INC.
Indirect Cost Rate Schedule
For year and December 31,2012
Total Reference %of
its Adjustments For Allowable Direct FAR
Key Costs To Reported Adjustments Costs Labor Reference
Direct Labor $11.253,898 $ 13,541 V $ 11,267,437 100% 22.101
Indirect Cost
Fringe Benefits
1 Payroll Taxes $ 1,857,611 $ (144,572) A $ 1,713.039 1520% 31205-6,41
2 Group insurance 2.211,088 0 2,211,088 1962% 31205.6
3 Worker's Compensation 128,740 0 128.740 1 14% 31 205-6
4 Vacation,Holiday and Sick Pay 2608.466 0 2,608.466 23 16% 31.205-8
5 Profit Sharing and 401(k)Contributions 701,611 0 701,611 623% 31205-6
6 Bonuses and Severance 2,313,549 (797.069) B 1 516,479 13 46% 31 205-6
Total Fringe Benefits $ 9,621.064 $ (941,641) $ 8,879A23 78 81%
General Overhead
7 Non-Billable Labor $ 4,436,480 $4,4316 39 37% 31 205-0.44
8 Bid&Proposal Labor 954,143 954,143 a 47% 31 205.18
9 Direct Selling Labor 2,382,069 $ (335.118) C 2,046,890 1817% 31 205-1,38
10 Office Rent&Maintenance 2,404,096 (157.564) D 2,246.532 1994% 31 205-36
11 Telecommunications 425,725 (739) E 424,966 377% 31 201-1,2,3
12 Bus Taxes&Other than Federal 647.193 (6,751) F 640,433 5 61 31 205-41
13 Stationery and Supplies 257.406 (2,455) G 254,952 226% 31 205-13,43
14 Administrative Travel 553,291 (180,606) H 372,664 331% 31205-46
15 Professional Dues,Meetings&Proposals 415,493 (68.597) 1 326,896 2 00% 31 205-18,43,46
16 Ceprecahon 432,322 (13,484) J 418,638 372% 31205-11
17 Equipment Rental&Maintenance 293,507 293,507 2 60% 31 205-36
18 Bad Debt 106,608 (106,608) K 000% 31205.3
19 Professional Consultants 637,465 (75,335) L 562130 49946 31205-33
20 Business DevelopmenUMarkeOng and Proposals 370,250 (271.216) M 99,D33 0 a8% 31 205-14,18,38.46
21 Field and Laboratory Supplies 154,468 21,167 N 175,635 156% 31.205-13,26
22 Insurance 1,571,311 (868,528) 0 702,782 624% 3121
23 Computer Maintenance and Software 975,850 975,650 666% 31 201-1,2,3
24 Recrulfing and Relocation 392,975 (158,005) P 234,969 209% 31 205-34
25 Amortization of Gocdvnil 24,789 (24,789) 0 000% 31205-49
26 Contributions 36387 (36,387) R 000% 31205.8
27 Fines/Penalties/Unallowable 5,951 (5,951) S 000% 31205-15
28 Computer Technology Offset (1,288,442) 1,288,442 T 000% 31,205-26
Total General Overhead $16,189.338 $(1,022,596) $ 15,166,741 134.61%
Total indirect Costs $26,010,402 ${1,964,238) $ 24,046,164 213 41%
29 Facilities Capital Cost of Money $ 35,706 U $ 35,705 0 32% 31 205-10(a)
Indirect Cost Rate(Includes FCC) $ 24,081,670 213 73% j
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GeoEngincers•Accepted 09119113 AfJP
"Overhead Rate srlll subject to tVSDOT Audit"
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References ;
GeoEngineers Adjustments
A Fringe benefits associated With labor deemed unallowable per 48 CFR 31.201.8(e)(2),in the amount of$144,572
B Unallowable bonuses per 4B CFR 31 205.6(f),in the amount of$753.566 )
C Unallowable marketing activities par 48 CFR 31 205-1,14,38 and 41,In the amount of$335,178
D Idle facilities unallowable per 48 CFR 31 205-17,In the amount of$149,809,Direct project costs unallowable per
48 CFR 31 202(a),in the amount of$3,554
E Idle facilities unallowable per 48 CFR 31 205-17,in the amount of$739 I
F Expenses associated with collection unallowable per 48 CFR 31 205-33,In the amount of$6,761. a
G Costs not applicable to 2012 per 48 CFR 31 2041 In the amount of$2,455
H Vehicle costs unallowable per 48 CFR 31 201.2(d),in the amount of$160,188,Direct project costs unallowable per 48 CFR 31 202(a), a
In the amount of$2,504,Excess per-diem unallowable per 48 CFR 31 205-46,in the amount of$4.744.Marketing costs unallowable
per 48 CFR 31 205-1,14 38 and 41.In the amount of$6,267,Memberships In Civic Organizations unallowable per 48 CFR 31 205-11
in the amount of$1,209,Cost is not reasonable per 48 CFR 3121 In the amount of$5,106,Trade show expenses unallowabt
per 40 CFR 31 205-1(f)(2),in the amount of$536
I Dues to social clubs unallowable per 48 CFR 31 205.1(f)(7),31 205-14,Lobbying unallowable per 48 CFR 31 205-22,in the amount of 1
$10,346,Memberships in cri and community organizations unallowed and Marketing costs unallowed per B
46 CFR 31 205-1(f)(7)and 48 CFR 31 205-1,14,36,41,In the amount of$78,251
J Depreciation related to idle facilities unallowad per 48 CFR 31 205-17,in the amount of$8,715,Depreciation on vehicles unallowed
per 46 CFR 31 201.2(d),in the amount of$4,759
K Bad debts unallowable per 48 CFR 31 205-3,in the amount of$106.608
L Legal costs incurred with lawsuit defense unallowable per 48 CFR 31 205.47(f)(5)(A),in the amount of$25,000,Direct project costs [
unallowable per 48 CFR 31 202(a),in the amount of$5,037:Acquisition and Organization costs unallowable per 48 CFR 31 201 F«
CCS
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Exhibit F
Breakdown of Overhead Cost
GeoEngineers,INC.
Indirect Cost Rate Schedule
For year end December 31,2012
In the amount of$30,776;Expenses associated with collection unallowable per 48 CFR 31205.33,In the9mount of$5,929;Unallowable
marketing activities per 48 CFR 31 205-1,14&38,in the amount of$8,594
M Vehicle allowance unallowable per 46 CFR 31 205.6(mH2),In the amount of$24.884.Entertainment unallowable per 48 CFR 31 205.14.
In the amount of$48,268,Trade show expenses unallowable per 48 CFR 31 205-1(f)(2),in the amount of$9,776,Unallowable marketing activities
per 48 CFR 31 205-1,14&38,in the amount of$173.698 Advertising unallowable per 48 CFR 31 205-38(bAl),In the amount of$14,792
N Allowable field equipmenlcosts per 48 CFR 31 Kale),in the amount of$21,167
0 Unallowable key person life Insurance per 48 CFR 31 205-19(e)(2Xv),in the amount of$33.609
P Local meets unallowable per CFR 31 205-14,In the amount of$126.297,Imprinted Clothing unallowable per48 CFR 31 205.1(d),In the amount
of$11,757,Contributions unallowable per 48 CFR 31 205-6,In the amount or$10.939,Alcoholic beverages unallowed per 48 CFR 31 205 51,
In the amount of$1,066,Memberships in dining organizations unallowed per 48 CFR 31 205 14,In the amount of$3,900,Marketing costs
unallowed per 48 CFE 31 205-1,14,38 and 41,in the amount of$2,807
0 Goodwill and intangible asset amortization unallowable per 48 CFR 31 205-11,205-49,in the amount of 24,789
R Contnbuaons unallowable per 48 CFR 31 205-8,In the amount of$36,387
S Penalties unallowable per CFR 31 205-15(a),In the amount of$5,951
T Allowable computer technology costs per 48 CFR 31 203(d),In the amount of$1,288,442
U Costs of money adjustment per 48 CFR 31 205-10(a),in the amount of$35,706
V Uplift Pay directly associated with Projects 48 CFR 31 202
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Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
I. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),which
are herein incorporated by reference and made a part of this AGREEMENT
2 Non-discrimination: The CONSULTANT,with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub-consultants, including procurement of materials and leases of equipment The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS
3. Solicitations for Sub-consultants, including Procurement of Materials and Equipment- In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports. The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration(FHWA) to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information
5 Sanctions for Non-compliance- In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it,the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or,
• Cancellation,termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6105
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance
Provided,however,that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supphei as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT In addition the CONSULTANT shall be paid for any authorized extra
work completed
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project In addition. the CONSULTANT shall be paid for any authorized extra
work completed
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT
DOT Form 140-089 EF Exhibit I
Revised 6105
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant
Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s) For federally funded projects,the Region Highways and Local Programs Engineer
should be informed and involved in these procedures (Note The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project,to be responsible for the remaining steps in these procedures)
Step 2-Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project Examples include all decisions and
descriptions of work, photographs,records of labor, matei ials and equipment.
Step 3 —Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s) The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios
• It is determined via mutual agreement that there is not a consultant design error(s) If
this is the case,then the process will not proceed beyond this point
• It is determined via mutual agreement that a consultant design error(s)occurred If this
is the case,then the Director of Public Works or Agency Engineer.or their
representatives, negotiate a settlement with the consultant The settlement would be
paid to the agency or the amount would be reduced from the consultants agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H&LP,through the Region
DOT Form 140-089 EF Exhibit J
Revised 6106
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements.No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant,proceed to Step 5.
Step 5—Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H&LP for their review and consultation with
the FHWA H&LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue If necessary, H&LP will
request assistance fiom the Attorney General's Office for legal interpretation H&LP will also
identify how the alleged error(s)affects eligibility of project costs for federal reimbursement.
i
• If mutual agreement is reached,the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution H&LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue
• If mutual agreement is not reached,the agency and consultant may seek settlement
by arbitration or by litigation
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedw e regarding claim(s)on a consultant agreement The following
procedures should only be utilized on consultant claims greater than $1,000 If the consultant's claim(s) area total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant
Step 1 —Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work,they may be entitled to a claim The first step that must be completed is the
request for consideration of the claim to the Agency's project manager
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Ttmeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars,overhead costs, profit and reimbursable costs associated with
the additional work, and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work
Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim If
the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs(if applicable), and FHWA(if applicable)agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures
Step 3 —Preparation of Support Documentation Regarding Consultant's Claims)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim,
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s),
• Explanation to describe what has been instituted to preclude future consultant claim(s), and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures) If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim If the claim is not eligible for federal
participation, payment will need to be from agency funds
Step 5 —Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final
decision regarding the consultant's claim(s) Include the final dollar amount of the accepted claim
(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim Inform the consultant that the final payment for the agreement is subject to audit
Exhibit M-1(a)
Certification of Consultant
ProjectNo. LA 8128
Local Agency
I hereby certify that I am G A4 aU I A Iai S and duly authorized
representative of the firm of GeoEngineers, Inc whose address is
//0/ r4WMff SUjk� & and that neither I nor the above
firm I here represent has
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
(b) Agreed. as an express or implied condition for obtaining this contract,to employ or retain the
services of any firm or person in connection with carry mg out this AGREEMENT, or
(c) Paid, or agreed to pay,to any firm,organization or person(other than a bona fide employee
wor king solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U S Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil
Date Signature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 5/05
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent
Washington, and that the consulting firm or its representative has not been required directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person, or
(b) Pay, or agree to pay,to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind, except as hereby expressly stated(if any).
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U S Department of Transportation, in
connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws, both criminal and civil
7
ate Signature
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6105
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
I The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain,or performing a public(federal, state, or local)transaction or
contract under a public transaction, violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery falsification or destruction of records, making false
statements, or receiving stolen property
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph(I)
(B) of this certification, and
D. Have not within a three(3)year period preceding this application/proposal had one or more
public transactions (federal, state, or local)terminated for cause or default
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal
Consultant(Firm): GeoEngineers, Inc.
(Date
)) (Signature)President or Authorized Official of Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6105
a . r
Con su ltant/Add res s/Telephone
Supplemental Signature GeoEngtneers, Inc.
Page for 1101 S Fawcett Ave., Suite 200
Standard Consultant Tacoma, WA 98402
Agreement
Agreement Number Project Title And Work Description
LA 8128 Kent Regional Trail Connector
Federal Aid Number Conduct subsurface explorations and laboratory
CM-0615(008) testing as a basis for developing geotechmcal
Local Agency recommendations related to the design and
City of Kent construction of the Droiect
THIS AGREEMENT, made and entered into this 7 day of �.c�cT 2014
C�rbetween the Local Agency of City of Kent Washington, herein called the
"AGENCY" , and the above organization hereinafter called the"CONSULTANT'
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written
CONSULTANTDA LOCAL AGENCY
By '�'( G�' " v / By
Consultant GeoEngmeers, Inc. gen v of Kent
By By
Consultant Agency
By
)
Agency
By 4
A
�az
Agency
DOT Form 140-089 EF Appendix 31 910
Revised 6105
•
KENT or. Agenda Item: Consent Calendar - 7E(2)
NseiHG
TO: City Council
DATE: December 10, 2013
SUBJECT: Kent Regional Trail Connector Consultant Agreement with
GeoEngineers, Inc. for Geotechnical Services - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
GeoEngineers Inc. in an amount not to exceed $12,559.00, to provide
geotechnical services for the Kent Regional Trails Connector Project, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The Public Works Department competed for and was successful in
obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project.
This project will construct a new, multi-use trail connecting the existing Green River
Trail to the Interurban Trail. The trail location will be adjacent to the Green River
Natural Resources Area and will include the installation of rectangular rapid flashing
beacons at 64th Avenue and 72"d Avenue and a new pedestrian signal at the crossing
of West Valley Highway. A new pedestrian/bicycle bridge will be constructed across
Mill Creek on the east end connecting to the Interurban Trail.
This project will require the services of a geotechnical engineer to evaluate the soil
conditions for the foundation designs of the bridge and signal poles, and Public Works
staff would like to retain the services of GeoEngineers, Inc. to perform this work.
EXHIBITS: Scope of Work
RECOMMENDED BY: Public Works Committee
YEA: Ralph - Higgins - Albertson NAY:
BUDGET IMPACTS: Funding for this work will be provided by a federal grant from
Federal Highway Administration (FHWA) for $1,125,368.00. The City's funding match
will be $175,635.00.
� �� REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
V eviewed by Director
Originator's Name: Nick H uj. Dept/Div. En ineerin /Desi n Extension: 5529 0�
Date Sent: a z5h Date Required: /
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/14
VENDOR: GeoEn ineers, Inc. DATE OF COUNCIL APPROVAL: iVtt #1 Iia lolmiI13
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached agreement is for GeoEngineers to conduct subsurface explorations and
laboratory testing for developing geotechnical recommendations for the Kent Regional
Trail Connector Project.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: RECEIVED
�
Approval of Law Dept.:
Law Dept. Comments: FEB 2 5 2014 i0tlVED
KENT LAW DEPT, FEB 2 6 2014
Date Forwarded to Mayor: �Ity Of Kent
Offfce of the Ma
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition: ��d�I��� �✓�� �����
Date Returned: