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HomeMy WebLinkAboutPW14-041 - Original - GeoEngineers, Inc. - Kent Regional Trail Connector - Contract - 2/27/2014 Records Mantage" me 'n' tt. KENT Document WASNINGTON ye 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 I C x i 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 i GeoEngincers•Accepted 09119113 AfJP "Overhead Rate srlll subject to tVSDOT Audit" i 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 I, 1 3 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 i I 1 i i t i 9 i i 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: