HomeMy WebLinkAboutHDR Engineering Inc AG-C-282
A ~~ . I ~ .CJ
Local Agency
Standard Consultant
Agreement
Agreement Number
AG-C-282
Federal Aid Number
HSRP-1103(003)
Agreement Type (Choose one)
Consulta nt/ AddresslT elephone
HDR En~ineering, Inc.
500108' Avenue NE, Suite 1200
Bellevue, WA 98004-5549
Attn: David Skinner, 360-570-4400
D Lump Sum
Lump Sum Amount $
Project Title And Work Description
C229A BNSF/A Street SE Underpass Project
This work consists of final design and environmental
permitting of a pedestrian underpass north of the White
River under A Street SE and the BNSF railroad line.
Preliminary design of the pedestrian underpass and
final design of the railroad bridge was done under a
previous agreement.
[gI Cost Plus Fixed Fee
Overhead Progress Payment Rate 167.142%
Overhead Cost Method
D Actual Cost
D Actual Cost Not To Exceed
DBE Participation
DYes [8J No
%
%
[8J Fixed Rate
Fixed Fee $
10
%
FederallD Number or Social Security Number
Do you require a 1099 for IRS?
DYes [8J No
Completion Date
12/31/07
D Specific Rates Of Pay
D Negotiated Hourly Rate
D Provisional Hourly Rate
D Cost Per Unit of Work
Total Amount Authorized
$ 218.000.00
Management Reserve Fund $ 15.000.00
Maximum Amount Payable $ 233.000.00
Index of Exhibits
Exhibit "A" - Scope of Work
Exhibit "B" - DBE Participation
Exhibit "C" - Electronic Exchange of Engineering and Other Data
Exhibit "D" - Payment (Cost Plus a Fixed Fee)
Exhibit "E" - Consultant Fee Determination
Exhibit "F" - Breakdown of Overhead Cost
Exhibit "G" - Subcontract Work/Fee Determination
Exhibit "H" - Title VI Assurances
Exhibit "I" - Payment Upon Termination of Agreement
Exhibit "J" - Alleged Consultant Design Error Procedures
Exhibit "K" - Consultant Claim Procedures
Exhibit "L" - Liability Insurance Increase
Exhibit "M" - Certification Documents
AG-C-282
Local Agency Standard Consultant Agreement
Page 1 of 8
BNSF/A Street SE Pedestrian Underpass
THIS AGREEMENT, made and entered into this day of , 2006, between
the Local Agency of CITY OF AUBURN , Washington, hereinafter called the "AGENCY" , and the above
organization hereinafter called the "CONSULTANT".
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 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 sha1l 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 SUBCONSUL T ANT, shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shaH carry out applicable
requirements of49 CFR Part 26 in the award and administration of US DOT-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 (DB E), 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 DIM/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 WSDOT'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. AIl
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
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Local Agency Standard Consultant Agreement
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BNSF/A Street SE Pedestrian Underpass
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and
are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any
such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the
CONSUL T ANT.
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.
AH work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shaH not be extended because of any delays attributable to the CONSULTANT, but may be
extended by the AGENCY in the event ofa 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 prior 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 shaH be fuH
compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the work. The CONSULTANT shall conform to aH applicable portions of 48 CFR Part 3] .
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 shaH 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 aH applicable sections of the Prompt Payment
laws as set forth in RCW 39.04.250 and RCW 39.76.0] 1.
The CONSULTANT shaH 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 ofthis 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 fuH amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
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Local Agency Standard Consultant Agreement
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BNSF/A Street SE Pedestrian Underpass
Any and aH employees of the CONSULT ANT or other persons while engaged in the performance of any work or services
required of the CONSULTANT under this AGREEMENT, shaH 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 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
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to
comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached
hereto and by this reference made part of this AGREEMENT, and shaH include the attached Exhibit "H" in every sub-contract,
including procurement of materials 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 (J 0) days written notice to the
CONSUL T ANT.
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 shaH 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 shaH be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
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Local Agency Standard Consultant Agreement
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BNSF/A Street SE Pedestrian Underpass
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.
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 originaHy 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 shaH 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 rpember, 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 principaHy 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 shaH 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
CONSULT ANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shaH be made as set
forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shaH not constitute a waiver by the AGENCY of any remedies ofany 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 CONSULTANT shaH 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 shaH make such revisions as directed by the AGENCY. This work shaH 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 T ANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,
whose decision in the matter shaH be final and binding on the parties of this AGREEMENT; provided, however, that ifan
action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shaH be subject to
de novo judicial review. If the parties to this AGREEMENT mutuaHy agree, disputes concerning aHeged 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".
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 shaH 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 aH questions shaH be
resolved by application of Washington law and that the parties to such action shaH 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.
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Local Agency Standard Consultant Agreement
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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 shaH be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall indemnity and hold the AGENCY and the STATE and its officers and employees harmless from
and sha1l process and defend at its own expense a1l claims, demands, or suits at law or equity arising in whole or in part from
the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein
sha1l require a CONSULTANT to indemnity 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 (l) claims or suits based upon such negligence (2) the costs to the AGENCY or the
STATE of defending such claims and suits sha1l 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 sha1l be at a1l times as an independent contractor.
The CONSULTANT shaH comply with a1l 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 specificaHy 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 shaH provide On-CaH assistance to the AGENCY during contract administration. By providing such
assistance, the CONSULTANT sha1l assume no responsibility for: proper construction techniques, job site safety, or any
construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shaH obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the
fo1lowing 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 and property damage insurance in an aggregate amount not less than two million do1lars
($2,000,000) for bodily injury, including death and property damage. The per occurrence amount sha1l not exceed one
miJIion do1lars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million do1lar ($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 a1l 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.
AH insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT sha1l 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 shaH be limited to the amount payable under this AGREEMENT
or one million ($1,000,000) 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.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fuHy 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. The 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 shaH make an equitable adjustment in the (I) maximum amount payable;
(2) delivery or completion schedule, or both; and (3) other affected terms and shaH 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 ofreceipt 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 shaH 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, shaH not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
xv Endorsement of Plans
If applicable, the CONSULTANT shaH 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-I(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 aH covenants, stipulations, and provisions agreed upon by the parties. No
agent, or representative of either party has authority to make, and the parties shaH 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 shaH 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.
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Local Agency Standard Consultant Agreement
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BNSF/A Street SE Pedestrian Underpass
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) ofthis AGREEMENT.
J
By
By
Consultant
Agency Peter B. Lewis. City of Auburn Mayor
~
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Local Agency Standard Consultant Agreement
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BNSF/A Street SE Pedestrian Underpass
EXHIBIT E
Consultant Fee Determination
HDR Engineering, inc.
City of Auburn
BNSF Pedestrian Underpass (Phase 3) . Hours Estimot.
~by:D.SI(lnner
DaM: 4/2412006
=... .... "- ,..., .... ~.- ...... "" E"~~ - "-
,... .- - ""- -- "".... -- ""- "'" -- -- Co,,,.. ...."
""'" ...., ...., 1m, "'.., $51.72 $31.110 "'.00 ..... $37.45 131.75 528.07
t.PRO.ECT.WIIJ IiIE111illTlOONSUlTAlftCOOl'llJlMAlJDN
1.11'n1jec1~MIIoagement ,.. " " .. .. . ..
. ......... ..,,,.,,, ....., SlM&.OO Sl~l.2' $3IlUO """00
f'IJIALPLAI8.lIPSClPICot.l1ONSANDII8'BIU.T:E
1~Construc1IonOrawirlQlC1S""'l ,,,.. '" '" '" '" -
S36,.t82.eG $1.57"'.10 16."1.50 $&.1lfi.20 S9,1l33.ao $13,1~.oo
T1lIIIliIIdh;lp~(lShNll 3 , ,
....., "", "'.00
t..gend,.o.tJlno~..-.d~(l5hMl~ , , ,
...... "", "'.00
TyplaIISIdions.endOelalls(2S1Me1s) " , . .
$42S.U $52..7 .149.00 "".00
d.OemollIionPlllns(l$>eel) " , . "
$586."'7 152."'7 ....00 1336.00
..UlilltyRooloealia"PI""(l~~ " . .. "
Sl,5!ll.1II ".... .....00 ....00
r. "6'""0. GradIng and Orai,.. PIanoI_ PrcI~ 12 S-Ir.) " . .. ..
Sl,985.7e $419.78 S8H.OO Sll12.00
g_T.mpotW)'lPenn.nenlf>ollu4lon,Er<>oionandSedim~Cc<>ItoIPt.wl " , .. ..
'1,0911!..7 ...., ....00 ....00
h.CMllII'dDfllnageo.lails(lShoNo1) " , . "
-" ,'W ""00 $.338.00
i.~,U1""'lnalionIll>dSlgningPlans(lSl1etol) " . " "
$1,775.88 ,,",," ""00 $672.00
SlruduraIPlMs.A.SlrHlTlIIWIeI(10S'-1 ... " '" ,..
11S.ooo.S2 $3,930.12 $5,llOS.1O $5.2M.00
STl GenefaI La,.,..l.-.cl o.-ng__ . " "
ST2~INoles,T_ShollngOec.M . .. "
Sr.JT_ComII1ucIklfl~ . .. " '1--
ST'" PrecaSlBaseSlallPlan . " "
ST5BaseSI8I>Rainl";Ci"llo..h1ils :-!.i. " -'-- .-==
5T6 3-Sidod8<uc ?la~ -" ,..-
ST73-SidKl&.cDela,,, . " m u-
S" ,,_0.... " " " I-
S" b_' . " m
sno " " " ..
SlructlnlPlr<l;-W '" , " ,.. '" '"
$10.877.4:2 1104.~ 11,t90.00 S,1.7Y,.t.fI S3,82e.oO "-"'.00
'''' EalTunnejP_:~w..ILayoulPIM . . " "
5M2 WMtTunrMllPanJl:AeI8IroinClW..l..ayoulPlan . . " " ,-- ,.
5M3 51<1n_R<>adI'\llanlngW"lal'O'A , " , " --- _._- t---- ---
SM4 AMtiining W..~ . " "
$US EuI f'orIIj ~ 0Ni. . . " " -
SM6 ~o.laa..(a.I'Tie'.~ . . " "
SU7 II.IisceIIMeous 0....... lW-H AroIs-. An:Medu",l) . "
... -..... . ..
SMll 8arL* I AM.,o.-liIy .. .
r.li~PIo"*an<lIJot/aj!s[2~1sl .. . " "
S2,Z09.?6 $419.78 ....00 '8911.CJC
2.2 Conlra::lProvosions .. . " " . .
12.243.24 $419.78 SS,".oo $821.52 '191.40 $20ll511
2.3 EnQirM<<'sOpinionl)/?roIl.;liMCMt .. . " . "
$2,326tM $.2()U8 '1,192.01'1 $4T~.78 '510,40
2.' l'lespo<ldlOCil;-CommenlS '" . .. " "
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.... .... "'-" -- $100.011
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Page 1 (J/,
EXHIBIT A - SCOPE OF WORK
C229A BNSF Pedestrian Underpass - Phase 3
Final Design and Permitting
During the term of this AGREEMENT, HDR Engineering, Inc. (CONSULTANT) shall perform professional
services for the City of Auburn (CITY) in connection with the following project:
Project C229A
BNSF/ASTREET SE PEDESTRIAN UNDERPASS
This AGREEMENT has a contract duration that will extend longer than one calendar year. As such, the
CITY will issue a Notice to Proceed with a Not to Exceed compensation for each calendar year, contingent
upon availability of funds. The CONSULTANT will not undertake any work or otherwise financially obligate
the CITY for any calendar year without a duly executed Notice to Proceed.
I. INTRODUCTION
Phase 1 of this project, completed in March 2005, refined the preferred design with the findings and
recommendations documented in a Design Report and Preliminary Plans. The preferred alternative
consists of a precast concrete tunnel under A Street SE with a path extending westward that passes under
a new 3-span railroad bridge. West of the railroad bridge, the path extends north parallel to Skinner Road
approximately 200 feet to the connection with the existing Skinner Road crosswalk. East of the tunnel,
stairs connect directly to A Street SE above, while an alternate path extends to the north approximately
225 feet where it connects via a ramp along A Street SE. This preliminary design phase will be referred to
as Phase 1 in the following text.
Phase 2 of this project provided for the final design and the development of the railroad bridge structure,
coordination with BNSF for completion of the Construction and Maintenance Agreement, geotechnical
investigation and reporting as well as utility conflict and potholing information. The final design of the
BNSF railroad bridge will be referred to as Phase 2 in the following text.
The proposed railroad bridge will be constructed by BNSF forces during construction of the initial phases
of the CITY's portion of the project. Construction of the tunnel portion of the project will be in two phases
such that two lanes of traffic on A Street SE will be maintained during construction. The existing retaining
wall along the east side of A Street SE will be removed and replaced to accommodate the adjacent path.
II. SCOPE OF SERVICES
Work under this scope will be referred to as Phase 3 of the project. Phase 3 will include final design and
the development of construction contract plans, technical specifications and construction cost estimates
for the pedestrian/bicycle path, tunnel, retaining walls, and stairs as shown in the Preliminary Plans
developed in Phase 1 - Final Design Report. This scope of work includes project management,
administration, permitting, environmental, right-of-way, CITY coordination and quality assurance/quality
control (QAlQC) as required to complete the work.
AG-C-282 Exhibit A
Scope of Work
Page 1 of 14
Additional phases, to be addressed under separate supplements, may include construction support and
administration services. Work on future supplements is subject to mutual agreement between the CITY
and the CONSULTANT and is not included in the attached hours estimate.
III. DESIGN CRITERIA
Documents developed as part of this scope of work, to the extent feasible, will be in accordance with the
latest edition and amendments to the following documents, as of the date the AGREEMENT is signed.
City of Auburn Publications:
a) Current Design and Construction Standards. Auburn standards will supersede any other
standards identified below.
b) CITY Standard Item Table
WSDOT Publications:
a) Standard Specifications for Road, Bridge and Municipal Construction, English edition (2006)
b) Standard Plans for Road, Bridge and Municipal Construction, English edition
c) Design, Hydraulic, and Plans Preparation Manual
d) Bridge Design Manual
e) Amendments and General Special Provisions
f) Standard Item Table (where CITY Items are not available)
g) Traffic Manual
h) Highway Runoff Manual
i) Local Agency Guidelines
j) Environmental Procedures Manual
k) EIS Format Standards
American Association of State Highway and Transportation Officials (AASHTO) Publications:
a) A Policy on Geometric Design of Highways and Street
b) Guide for the Design of High Occupancy Vehicles and Public Transfer Facilities
c) LRFD Bridge Design Specifications, current edition.
d) A Guide for Highway Landscape and Environmental Design
e) Highway Design and Operational Practices Related to Highway Safety
u.S. Department of Transportation (US DOT) Publications:
a) Manual of Uniform Traffic Control Devices for Streets and Highways
b) Highway Capacity Manual, Special Report 209
Other Publications/DesIgn Guides:
a) National Electrical Code
b) Standards of the American Waterworks Association
c) Book of American Society for Testing and Materials Standards
d) American Public Works Association standards
e) Americans With Disabilities Act (ADA)
f) Making Endangered Species Act Determinations of Effect for Individual or Group Actions at the
Watershed Scale. NMFS
AG-C-282 Exhibit A
Scope of Work
Page 2 of 14
g) Endangered Species & Transportation Handbook, Draft. Washington State Department of
Transportation
h) Biological Assessment preparation And Review, Update. USFWS
i) . Biological Assessment Interim LAG Changes, Chapter 24 Supplement. Washington State
Department of Transportation (TA/LA 99-2), March 1999.
j) Department of Ecology Storm water Management Manual for Western Washington
k) Illuminating Engineering Society of North America Recommendations
Page 3 of 14
AG-C-282 Exhibit A
Scope of Work
IV. PROJECT SCHEDULE
The anticipated project schedule with key mHestones is outlined below:
Milestone
Date
Consultant Notice to Proceed
30% Plans and Estimate
CITY and BNSF 30% Review and Comment
70% Plans and Estimate
CITY and BNSF 70% Review and Comment
95% Plans, Specifications and Estimate
CITY and BNSF Review and Comment
99% Plans, Specifications and Estimate
CITY and BNSF Review and Comment
Final Plans, Specifications and Estimate
June 2006
June 2006
July 2006
October 2006
December 2006
March 2007
May 2007
June 2007
August 2007
September 2007
The Milestone Schedule above assumes a review time of 60 days for BNSF and the CITY on each of the
submittals. A detailed project schedule will be submitted by the CONSULTANT, subject to CITY approval,
as part of Task 1.1. The duration of reviews by the CITY, and by others, will be identified in the detailed
project schedule. Mutually agreeable changes to the project schedule, whether initiated by the CITY or
CONSULTANT, may be the basis for adjustments in the project budget.
V. ITEMS AND SERVICES TO BE FURNISHED BY CITY AND CONSULTANT
The CITY will provide the following items and services to the CONSULTANT that will facilitate the studies
and preparation of the documents for work within the limits of the project. The CONSULTANT is entitled
to rely on the accuracy and completeness of this and other data furnished.
1. Rights-of-entry upon private property necessary for the performance of the work.
This includes any fees associated with acquisition of these rights-of-entry.
2. One electronic copy of summarized review comments and/or consolidated red-lined
drawings for the 30%, 70%, 95% and 99% reviews.
3. Summary of pothole locates performed to include depth, size and type of utility located.
The CONSULTANT will prepare and furnish the following deliverables to the CITY:
. Monthly progress reports, invoices, and anticipated project schedule (Task 1)
. Contract Plans, Specifications and Estimate (Task 2)
- 70% Review: Eight (8) copies of half size (11" x 17") plans, one (1) full size (22" x 34"), and
one (1) copy of the engineer's opinion of probable construction cost.
- 95% Review: Eight (8) copies of half size (11" x 17") plans, one (1) full size (22" x 34"), eight
(8) copies of draft specifications, and one (1) copy of the engineer's opinion of probable
Page 4 of 14
AG-C-282 Exhibit A
Scope of Work
construction cost. The 95% estimate will include breakdown of lump sum items and quantity
take-offs.
- 99% Review: Two (2) copies of full size (22"x34") plans and draft specifications. This final
review will serve to ensure that all comments have been satisfactorily i'ncorporated. The 99%
estimate will include breakdown of lump sum items and quantity take-offs.
- Final Contract Documents: One (1) full size (22" x 34") 4 mil mylar contract plans, one (1)
camera-ready original contract specifications and one (1) final engineer's opinion of probable
cost. Final plans, specifications and estimate will be stamped arid signed by a Professional
Engineer.
- One (1) electronic copy of final contract documents on CD (AutoCAD 2005 or
newer version, Excel and Word formats) including all external reference files and
any custom fonts and plot settings.
. Summary of Comments (Task 2.4)
- One (1) copy of responses to CITY's summarized review comments for the 30%, 70%, 95% and
99% reviews.
. Environmental Permitting (Task 3)
The following environmental permits will be prepared and submitted as part of this task
- One (1) copy of draft and one (1) copy final Environmental Classification Summary
- One (1) copy of draft and one (1) copy final permit for the following:
. Auburn Critical Areas Ordinance Compliance
. Auburn Shoreline Substantial Development
. Pacific Critical Areas Ordinance Compliance
. Pacific Shoreline Substantial Development Permit
. Pacific Right of Way Use Permit
. Right-of-way Needs (Task 4)
- Provide one (1) full size (22" x 34") bond and one (1) half size bond copy of the right-of-way
needs map identifying the proposed property impacts.
. On-call Meetings and Project Support (Task 5)
- One (1) copy of meeting minutes for each of the requested on-call meetings.
- Other deliverables as agreed, in writing, between the CITY and CONSULTANT.
Page 5 of 14
AG-C-282 Exhibit A
Scope of Work
VI. WORK TASKS
General Assumptions:
1. Work will be based on the findings of the City of Auburn, BNSF I A Street Underpass Project Final
Design Report dated March 8, 2005. CITY review comments and BNSF review comments on the
March 8, 2005 preliminary design will be incorporated into the final design work.
2. The analyses, designs, plans, and estimate performed or prepared will be in English units. Metric
units will not be used on this PROJECT.
3. The plans will be prepared in accordance with CITY drafting standards, with WSDOTIAPWA
standards being the default where CITY standards do not exist.
4. The CONSULTANT will coordinate with BNSF during the project design but does not control BNSF
schedule and shall not be held responsible for conflicts arising from BNSF performance and
adherence to anticipated schedule.
5. The CITY will provide all existing utility information to be utilized in the design.
Task 1 - Project Management I CONSULTANT Coordination
This task describes the CONSULTANT services necessary to plan, perform, and control the various
project elements to meet the needs and expectations of the CITY and other project stakeholders.
The CONSULTANT will administer the project and coordinate with affected stakeholders and various
subconsultants to facilitate efficient progress and timely completion of the design. Elements of work
included in this task are:
. Develop and update a detailed project schedule in MS Project Standard 2002
. Evaluate and monitor project budget
. Prepare monthly invoices with written summary of project progress to-date and
anticipated activities for next month
. Manage and oversee subconsultants
. Meet with the City of Auburn project manager to review comments on the BNSF / A Street
Underpass Project Final Design Report dated March 8, 2005
. Meet with BNSF to review comments on the BNSF / A Street Underpass Pr~ject Final
Design Report dated March 8, 2005
. Meet with the City of Auburn project manager to review comments for the 30%, 70%, 95%
and 99% reviews
. Meet with BNSF to review comments for the 30%, 70%, 95%, and 99% reviews.
Task 2 - Final Plans, Specifications, and Opinion of Probable Construction Cost
The CONSULTANT will prepare contract bid documents for 70%,95%,99% and 100% submittal. Bid
documents shall include plans and opinions of probable construction costs for each submittal, with
AG-C-282 Exhibit A
Scope of Work
Page 6 of 14
specifications required at the 95%, 99% and 100% submittal stage. The CITY and BNSF will review and
comment on the 30%, 70% and 95% stage, with the 99% review serving to confirm that all comments
were satisfactorily incorporated. With the 70%,95%, and 99% submittals, the CONSULTANT will include
a written response to the CITY's and BNSF's comments generated from the previous submittal. The
CONSULTANT will submit a final set of contract bid documents for a 100% package.
2.1 Detailed Construction Drawings
Prepare Detailed Construction Drawings, including plan views, profiles, cross-sections and details, along
with supporting design calculations. Include revisions as required from CITY review comments. To
develop a basis for a work hour estimate, an estimate of the contract plans that are assumed to be
required is included below. Plans will be drawn at 1" =20' scale unless noted otherwise. Plans will be
generated in accordance with the City of Auburn Design Standards. Format for plans will be ink or
equivalent, on CITY title/border, 22-inch x 34-inch size sheets. The scales to be used, the lettering, and
the general delineation of the plans will be such as will provide legible reproduction at full scale or when
reproduced at one-quarter the original size (50 percent reduction).
A total of 31 drawings are anticipated and will be based on the following sheet breakdown and
descriptions:
a. Title and Index Sheet (1 Sheet, not-to-scale (NTS))
Title and index sheet will include a vicinity map.
b. Legend, Abbreviations, and General Notes (1 Sheet, NTS)
Sheet will present legend, abbreviations, and general notes for contract drawings.
c. Typical Sections and Details (2 Sheets, NTS)
Roadway sections for the typical roadway cross-sections for construction.
d. Demolition Plan (1 Sheet, H:1" =20')
Plan sheet itemizing removal items, including utilities
e. Utility Relocation Plans and Details (1 Sheet, H:1" =20')
Sheet will provide layout for any temporary or permanent utility relocation design or temporary
support required during construction. CITY will provide utility locations based on potholing
information. CONSULTANT will base design on information provided. Special Provision will be
provided to specify that the Contractor shall be responsible for verifying all utility locations prior to
construction.
f. Paving, Grading, and Drainage Plans I Profiles (2 Sheets, H:1" =20', V:1" =5' Scale)
These plans will be a "split sheet" format, containing both plan and profile elements.
The plans will include:
. horizontal and vertical alignment information, paving limits, retaining walls layouts and
limits of any cut/fill required.
. limits of pavement removal and grading limits
. proposed drainage plan and profile information
. adjustments of valve boxes and manholes
Page 7 of 14
AG-C-282 Exhibit A
Scope of Work
. requirements for construction phasing, Le. keeping two lanes of unobstructed traffic at all
times, stay out of BNSF clearances, etc.
The plans will include centerline profiles (including location and elevation) to control the vertical
elements of the work within the project area. Additional spot elevation information will be
incorporated into the plan to supplement the profile data where necessary.
g. Temporary/Permanent Pollution, Erosion and Sedimentation Control Plan
(1 Sheet, 1" = 20' Scale)
Both temporary and permanent control measures will be incorporated into the same plan and
distinguished by line type, callout, and legend.
h. Civil and Drainage Details (1 Sheet, NTS)
Roadway and drainage detail sheets that include miscellaneous details not covered by standard
plans and details. Standard plans and details will be utilized to the maximum extent possible.
Standard plans and details will be exhibited on 8-1/2" x 11" pages attached to the Contract
Provisions and will not be included in the contract drawing set.
i. Channelization, Illumination, and Signing Plans
(1 Sheet, 1" =20' Scale)
The CONSULTANT will prepare channelization, illumination, and signing plans (including sign
schedule) that illustrate project channelization and signing. Illumination will include modifications
to existing lighting as well as required tunnel lighting.
j. Structural Plans - A Street Tunnel (10 Sheets, Scale varies)
The CONSULTANT will prepare plans for the pedestrian I bicycle tunnel that passes under A
Street SE. The reinforced concrete tunnel will be approximately 60' long. Precast base slabs and
3-sided box segments will make up the typical cross section. No special interior finishes such as
tiling the interior walls of the tunnel are anticipated. The following plans will be required and
incorporated into the plan set.
1. General Layout (Plan, Elevation) & Drawing Index
2. General Notes, temp shoring detail with post and guardrail.
3. Tunnel Construction Sequence
4. Precast Base Slab and 3-sided Box Plans
5. Base Slab Reinforcing Details
6. 3-Sided Box Plan
7. 3-Sided Box Details
8. Typical Tunnel Cross Section, Joint Details
9. Temporary Railing Curb Details
10. Headwalls at East and West Portals
k. Structural Plans - Walls, Stairs, etc. (9 Sheets, Scale varies)
The CONSULTANT will prepare plans for the following:
1. East Tunnel Portal: Retaining Walls Layout (Plan, Elevation)
2. West Tunnel Portal: Retaining Walls Layout (Plan, Elevation)
Page 8 of 14
AG-C-282 Exhibit A
Scope of Work
3. Skinner Road: Retaining Walls Layout (Plan, Elevation)
4. Retaining Wall Details
5. EastlWest Portal Stairwell Details
6. Miscellaneous Details (Barrier, Sidewalk)
7. Miscellaneous Details (Wall Finishes, Architectural)
8. Metal Railings Details and Layout (Plan, Elevation)
9. Bar List
m. Miscellaneous Plans/Details (2 Sheets, NTS)
2.2 Contract Provisions
The CONSULTANT will prepare special provisions for non-standard items associated with project
construction. Non-standard is considered those items not adequately described in the Washington State
Department of Transportation (WSDOT) Standard Specifications, current edition as of the signing of this
supplement. The CONSULTANT will also outline, by section and title, those applicable items of Divisions
2 through 9 of the standard specifications. The CONSULTANT will stamp and sign the specifications
provided to the CITY for the 100% submittal. The CITY will compile and edit any special provisions,
including those provided by the CONSULTANT, to form a complete specification package.
2.3 Engineer's Opinion of Probable Construction Cost and Bid Item Tabulation
The "Engineer's Opinion of Probable Construction Cost" will include an itemized list in tabular form,
describing section, item, and number of units (quantity), "estimated unit costs", and estimated total cost.
Opinions of Probable Construction Cost will be prepared at the 70%, 95%, 99% and 100% levels of
design. The CONSULTANT shall provide a lump sum breakdown and a quantity takeoff for the 95% and
99% review.
It is understood that any cost opinion or engineer's estimate provided by the CONSUL TANT will be on
the basis of experience and judgment. Because the CONSUL T ANT has no control over market
conditions or bidding procedures, the CONSUL T ANT does not provide warranty or guarantee of the
estimated costs.
2.4 Respond to City Comments
Respond to written comments from CITY review. Incorporation of comments into the plans and
specifications are included in the various disciplines of Task 2.1 Detailed Construction Plans. Work
required beyond the scope identified in the task will be considered Extra Work.
2.4.1 30% CITY Review Comments - Respond to CITY comments from the March 8, 2005 Final Design
Report review.
2.4.270% CITY Review Comments - Respond to CITY comments from the 70% review.
2.4.3 95% CITY Review Comments - Respond to CITY comments from the 95% review.
2.4.4 99% CITY Review Comments - Respond to CITY comments from the 99% review.
2.5 Quality Assurance and Quality Control
AG-C-282 Exhibit A
Scope of Work
Page 9 of 14
Quality control includes senior engineer reviews. The CONSULTANT will conduct an internal quality
assurance program prior to each submittal of the bid documents. This task will supplement the
continuous quality assurance program by conducting a detailed review of the project's plans and
specifications for constructability and consistency within the bid documents.
Task 3 - Environmental Documentation \ Permitting
Two environmental laws govern development within Washington State: the State Environmental Policy
Act (SEPA) and the National Environmental Policy Act (NEPA). Both of these regulations require that
environmental analysis be performed to ensure that minimal (or no) harm will come to the natural or built
environment. The CONSULTANT will perform the documentation to meet NEPA requirements, with an
expanded section to meet any Auburn SEPA requirements. The City of Auburn intends to adopt the
NEPA documents to meet SEPA requirements. If a separate SEPA Environmental checklist is required
for the project, the CITY will prepare the SEPA checklist, utilizing the technical information prepared by the
CONSULTANT.
Task 3.1
National Environmental Policy Act (NEPA) Documentation
Assumptions:
. No additional technical memorandums, studies, or field work is required to prepare
the ECS except the identified BA documentation developed in Task 3.3. Requests for
further documentation by WSDOT or FHWA will be Extra Work.
. Section 106 consultation scope of service and budget is for initial coordination only.
Requests by the State Historic Preservation Office (SHPO) or tribal nation for cultural
resource surveys or additional study will be considered Extra Work
. The CITY will provide any known, existing cultural and historic documentation
relevant to the project area.
. The CITY will at as the main point of contact when coordinating directly with the
tribes.
Under NEPA, certain project activities are exempt from environmental analysis. These activities are
referred to as categorical exclusions. A pedestrian underpass facility is considered a categorical exclusion
under the Federal Highway Administration's NEPA regulations (23 CFR 771.117(c3)) if it meets certain
criteria established by the Council on Environmental Quality (CEQ).
In order to determine if this project is considered a categorical exclusion (CE), an Environmental Review
Summary/Environmental Classification Summa'iy (ERS/ECS) will be prepared by the CONSULTANT.
The CONSULTANT will initiate contact with WSDOT (Highways and Local Programs Office), and
coordinate development and review of the ERS/ECS, however, the CITY will submit the final draft to
WSDOT. It is assumed that WSDOT will coordinate directly with FHWA. One meeting among Auburn
staff, WSDOT, FHWA, and the consultant team is anticipated.
Page 10 of 14
AG-C-282 Exhibit A
Scope of Work
The ERS/ECS will be reviewed by CITY staff prior to submittal to WSDOT. It is anticipated that WSDOT
and FHWA will each require one round of edits and revisions (for a total of two revisions) to this
document.
Deliverable:
· Draft and Final ECS and supporting documents. Five (5) hard copy plus electronic
version.
NOTE: If additional reviews are necessary, this scope and budget will be amended. Additionally, if FHWA
and WSDOT determine that this project does not meet the CE requirements, this scope of work and
budget will be amended to provide additional NEPA analysis and documentation.
Task 3.2
State Environmental Policy Act (SEPA) Requirements
Assumptions:
. SEPA public notice requirements such as posting, mailings, and hearings will be
handled and paid for by the CITY.
The CONSULTANT will collect technical data as required to meet any SEPA requirements that go beyond
NEPA and include the results with the NEPA documentation. As such, no additional reviews, drafts or
other work are noted under this task and are included in the Task 3.1 National Environmental Policy Act
(NEPA) Documentation. Efforts required to officially adopt the NEPA document under SEPA, and thereby
not prepare a separate SEPA checklist, will be completed by City of Auburn staff and as such are not
included in this scope of work. If it is determined that a SEPA Environmental Checklist is required for the
project, the CITY will prepare the checklist, utilizing the technical data prepared by the CONSULTANT.
Task 3.3 Biological Assessment
The CONSULTANT will prepare a biological assessment for the project. This assessment will become
part of the ERS/ECS (see task 3.1), and thus be considered part of the Documented Categorical
Exclusion.
The BA will evaluate the following:
. direct impacts to habitat;
. secondary impacts to habitat elements that could result from aspects of the design such as
stormwater treatment and operations; and
. indirect or interdependent effects that could result from the project.
The primary goal of the assessment is to determine how the project (and its construction) will affect listed
species of threatened or endangered plants or animals protected under the federal Endangered Species
Act (ESA). This analysis results in an "Effect Determination" which states clearly how the proposed
activity will positively or negatively affect the listed species that occur in the project vicinity. The BA also
identifies specific project activities that must be implemented for the effect determination to remain valid.
Page 11 of 14
AG-C-282 Exhibit A
Scope of Work
Process for Submitta/- The CONSULTANT will submit the BA to the CITY for submission to WSDOT
Northwest Region Highways and Local Programs Office. WSDOT staff will review the BA, and make
recommendations (regarding the determination) for the SA. The CONSULTANT will revise the SA (based
on Northwest Region comments) and then re-submit the SA. Northwest Region staff will then submit the
document to the WSDOT Environmental Services Office (ESO) for review. Depending upon the review,
the CONSULTANT will revise the BA. Following incorporation of ESO's comments, the BA is either
submitted to FHWA for review (and then consultation), or it is filed with WSDOT as a "No Effect
Determination Letter."
The project impacts may be so minor as to warrant a No Effect Letter. This letter does not go to the
services for concurrence, but is reviewed by WSDOT.
NOTE: If it is determined that the project will have an adverse effect, FHWA will submit the BA to the
National Marine Fisheries Service and the U. S. Fish and Wildlife Service (collectively refe"ed to as 'the
services). A review for a BA can take four to six months with the services, depending on their workload.
Additional coordination and research would be required and would therefore result in an amendment to
this Scope of Work and Budget.
Deliverable:
. Draft and Final BA. Five (5) hard copies plus electronic version.
Task 3.4
State and Local Permits
Assumptions:
. The CITY shall be responsible for the submittal of the permit application packages,
fees, and act as the applicant contact for all permit applications.
· Public notices, mailings, newspaper ads, or signage will be provided by the CITY.
· Consultant staff attendance at the publiC hearings is not anticipated.
· Unanticipated permits will be considered Extra Work and require additional scope and
budget.
Deliverable:
. Draft and Final permit applications and supporting documents. Five (5) hard copies
plus electronic version.
The CONSULTANT will prepare the following permits:
City of Auburn Permits
The CONSULTANT will prepare the following local permit applications for submittal by the CITY to the
appropriate agencies within the City of Auburn:
Critical Areas Ordinance Comoliance: The critical areas ordinance applies to any activity that potentially
affects a critical area or its buffer unless otherwise exempt. The White River is classified as a Class 1
AG-C-282 Exhibit A
Scope of Work
Page 12 of 14
Stream with a 100' minimum buffer width. The CONSUL T ANT will prepare a critical areas report to assist
the CITY in determining whether the critical areas ordinance applies to the project.
Shoreline Substantial Development Permit Work activities planned within 200 feet of a designated
shoreline area require a review under the Shoreline Management Act. Since the project is expected to be
within 200 feet of the Ordinary High Water Mark of the White River, a Shoreline Substantial Development
Permit is likely to be required. This permit is issued by the local agencies and requires Washington State
Department of Ecology concurrence on the local permit decisions. It is anticipated that a combined
hearing would be held in Auburn with the Hearing Examiners for both the City of Auburn and the City of
Pacific in attendance. The combined hearing would need to meet the notification requirements of each
jurisdiction. The Hearing Examiner for each jurisdiction would each issue a written decision for their
respective jurisdictions. Consultant staff participation at the hearing is not anticipated.
City of Pacific Permits
The CONSULTANT will prepare the following local permit applications for submittal by the City of Auburn
to the City of Pacific:
Cr;Ucal Areas Ordinance Compliance: This project is likely to need specific compliance to address project
affects to Fish and Wildlife Habitat Areas. This designation is likely for the White River and its active
floodplain. Under the City of Pacific code, projects that are proposed within 1,000 feet of a designated
Fish and Wildlife Habitat area must perform a habitat assessment and demonstrate that the project
effects will be negligible or can be mitigated. A fisheries biologist must prepare the habitat assessment for
projects within 200 feet of a designated Fish and Wildlife Habitat area. It is likely that project impacts can
be mitigated.
Shoreline Substantial Development Permit See Shoreline Substantial Development Permit under the City
of Auburn Permits section above.
Riaht of Way Use Permit: Local plan review of the project will likely be initiated by a Right of Way Use
permit. It is anticipated that all construction work within the City of Pacific will be addressed under this
Right of Way Use Permit. Specific measures to control erosion and sedimentation during construction will
be proposed.
Department of Ecology Permit
If the calculated project area is one acre or larger in size than the CONSULTANT shall prepare the
NPDES for Construction for submittal to Department of Ecology. If required the CONSULTANT shall
complete the Notice of Intent paperwork, public notice, and project materials for submittal to Ecology. The
contractor will be responsible for providing the required Stormwater Pollution Prevention Plan (SWPPP).
Task 4 - Right-of-Way Acquisition
Assumptions:
1. All right-of-way acquis;Uon and negotiation will be performed by CITY staff
2. City of Auburn will obtain and provide the CONSUL TANT with all R/W and Easement information
within the project limits.
3. Any services required beyond those identified in Task 4. 1 will be considered Extra Services.
Page 13 of 14
AG-C-282 Exhibit A
Scope of Work
Task 4.1 Right-of-Way Needs
The CONSULTANT will provide the CITY with locations and dimensions of ROW requirements for
temporary and permanent easements, as well as fee simple acquisitions, required to construct the project
improvements. This information will be incorporated into a single plan sheet showing the proposed
improvements and the proposed right-of-way needs. The CONSULTANT will title their plan: "RIGHT -OF-
WAY NEEDS".
Task 5 - On-Call Meetings and Project Support (using Management Reserve
Funds)
The CONSULTANT will provide additional graphical, technical and meeting support to the City of Auburn
as requested during the duration of the contract. All work under this task will require written authorization
by the CITY prior to expenditure and is based on hourly personnel costs identified in the tasks above. The
CITY and the CONSULTANT must agree, in writing, on the scope and deliverables prior to any
authorization of funds. All meetings attended as part of this task will result in meeting minutes prepared
by the CONSULTANT identifying discussion items and action items.
Page 14 of 14
AG-C-282 Exhibit A
Scope of Work
Exhibit B
DBE Participation
This Agreement does not have a DBE Participation requirement.
AG-C-282 Exhibit B
DBE Participation
Page 1 of 1
BNSF/A Street SE Pedestrian Underpass
Exhibit C
Electronic Exchange of Engineering and Other Data
The electronic format and standards to be provided for this project are identified within Exhibit A, Scope
of Work. As a summary, these standards may include, but are not limited to, the following:
1. Text Documents - Microsoft Word, Version 2000 or later
2. Spreadsheet Documents - Microsoft Excel, Version 2000 or later
3. Project Schedules - Microsoft Project, Version 2002 or later
4. Construction Drawings - AutoCAD Version 2005 or later
AG-C-282 Exhibit C Page 1 of 1
Electronic Exchange of Engineering and Other Data
BNSF/A Street SE Pedestrian Underpass
Exhibit 0-2
Payment (Cost Plus a Fixed Fee)
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 rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non-salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in
work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall
maintain support data to verify the direct salary costs billed to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books.
Progress payments shall be made at the rate shown in the heading of this AGREEMENT
under "Overhead Progress Payment Rate." Total overhead payment shall be based on the
method shown in the heading of the AGREEMENT. The two options are eXplained as
follows:
a. Fixed Rate: Ifthis method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate
shown. This rate shall not change during the life ofthe AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by
audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT,
when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead computation is
shown in Exhibit "E" attached hereto and by this reference made part of this
AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all
sub-consultants) will submit to the AGENCY within six (6) months after the end of each
firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost
category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for
billing purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost to reflect
the actual rate.
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
AG-C-282 Exhibit D-2
Payment (Cost Plus a Fixed Fee)
Page 1 of 3
BNSF/A Street SE Pedestrian Underpass
The AGENCY, STATE and/or the Federal Government may perform an audit ofthe
. CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. 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 fees of sub-
consultants. 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 Code of Federal Regulations (CFR) Part 31.205-46
"Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT. 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. All above charges must be necessary for the
services provided under this AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any additional
Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based
on the Scope of Work defined in this AGREEMENT and the estimated person-hours required
to perform the stated Scope of Work. In the event the CONSULTANT enters into a
supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will
be prorated and paid monthly in proportion to the percentage of work completed by the
CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.
Any portion of the Fixed Fee earned but not previously paid in the progress payments will be
covered in the final payment, subject to the provisions of Section IX entitled "Termination of
Agreement. "
5. 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 for 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."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to
the CONSULTANT 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.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during
the progress of the work. Such billings shall be in a format approved by the AGENCY and
AG-C-282 Exhibit D-2
Payment (Cost Plus a Fixed Fee)
Page 2 of 3
BNSF/A Street SE Pedestrian Underpass
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item
including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added
the prorated Fixed Fee. To provide a means of verifying the billed salary costs for
CONSULTANT 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.
C. 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 CONSULT ANT 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 remedies 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
CONSULT ANT will refund such overpayment to the AGENCY within thirty (30) days of notice
ofthe overpayment. Such refund shall not constitute a waiver by the CONSULT ANT 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.
D. 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, claim, or audit involving the records is completed.
AG-C-282 Exhibit 0-2
Payment (Cost Plus a Fixed Fee)
Page 3 of 3
BNSF/A Street SE Pedestrian Underpass
Exhibit F
Breakdown of Overhead Cost
The following pages outline the Statement of Direct Labor. Fringe Benefits and General Overhead and
Schedule of Facilities Capital Cost of Money Prepared in Accordance with the Federal Acquisition
Reg:ulations Part 31 for HDR Engineering, Inc. and Subsidiaries for the year ended December 31,2005.
Per an email dated May 5, 2006 from WSDOT Consultant Rates, HDR's proposed revised labor rates and
overhead are approved effective March 27,2006.
AG-C-282 Exhibit F
Breakdown of Overhead Cost
Page 1 of 1
BNSF/A Street SE Pedestrian Underpass
Deloitte(~
Deloltte 8r Touche LLP
First National Tower
1601 Dodge Street, Ste. 3100
Omaha. NE 68102-9706
Tel: + 1 402 346 7788
Fax: + 1 402 342 1820
www.deloitte.com
Wells Fargo Center
12480 Street, Ste. 716
Lincoln, NE 68508.1424
Tel: +1 4024741776
Fax: +1 4024740365
www.deloitte.com
INDEPENDENT AUDITORS' REPORT
To the Board of Directors of
HDR Engineering, Inc.
Re: Statement of Direct Labor, Fringe Benefits and General Overhead and Schedule of Facilities
Capital Cost of Money Prepared in Accordance with the Federal Acquisition Regulations
Part 31
We have audited the accompanying Statement of Direct Labor, Fringe Benefits and General Overhead
and the Schedule of Facilities Capital Cost of Money ofHDR Engineering, Inc. and subsidiaries (the
"Company") for the year ended December 31, 2005. This infonnation is the responsibility of HDR
Engineering, Inc. and subsidiaries' management. Our responsibility is to express an opinion on the
accompanying statement and schedule based on our audit
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States. Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the aforementioned statement and schedule are
free of material misstatement. An audit includes consideration of internal control over financial reporting
as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose
of expressing an opinion on the effectiveness of the Company's internal control over financial reporting.
Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence
supporting the amounts and disclosures in the Statement of Direct Labor, Fringe Benefits and General
Overhead and Schedule of Facilities Capital Cost of Money, assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall statement and schedule
presentation. We believe that our audit provides a reasonable basis for our opinion.
The accompanying statement and schedule were prepared on a basis of accounting practices prescribed by
Part 31 of the Federal Acquisition Regulations and is not intended to be a presentation in confonnity with
accounting principles generally accepted in the United States of America.
In our opinion, such statement and schedule present fairly, in all material respects, the Direct Labor,
Fringe Benefits and General Overhead Rate and Facilities Capital Cost of Money Rate ofHDR
Engineering, Inc. and subsidiaries for the year ended December 31, 2005, calculated in accordance with
the Federal Acquisition Regulations Part 3 I .
II G - C - ;;Z ~.:2 E)(h ibt't f="
Br-eo.,k~wfl of Overhead Cos+
Member of
Deloltte Touche Tohmatsu
In accordance with Government Auditing Standards, we have also issued our report dated April II, 2006,
on our consideration of HDR Engineering, Inc. and subsidiaries' internal control over financial reporting
and our tests of its compliance with laws, regulations, contracts, and grant agreements and other matters.
The purpose of that report is to describe the scope of our testing of internal control over financial
reporting and compliance and the results of that testing and not to provide an opinion on the internal
control over financial reporting or on compliance. That report is an integral part of an audit performed in
accordance with Government Auditing Standards and should be considered in assessing the results of our
audits.
This report is intended solely for the use and information of HDR Engineering, Inc. and subsidiaries and
government agencies or other customers related to contracts employing the cost principles of the Federal
Acquisition Regulations Part 31 and is not intended to be used and should not be used by anyone other
than these specified parties.
~~ ~. C;;::::;:-J.~
Omaha, Nebraska
April 11, 2006
AG-C-2~~ E:><hibH F
8 r-eo.,k~wn t1f OverheaJ.. Cost
2
HDR ENGINEER'NG, INC. AND SUBSIDIARIES
STATEMENT OF DIRECT LABOR. FRINGE BENEATS AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31,2005
A6 -(- 2S";2 Exhlbi'f F
Breo..k.cAown bf OVcrh~ ~st
3
HDR ENGINEERING, INC. AND SUBSIDIARIES
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31, 2005
(DESCRIPTION OF FAR REFERENCES)
1. 31.205(6)0) - Pension amount funded in excess of the pension cost assigned to a cost accounting
period is unallowable.
2. 31.20S-6(p)/31.20S-35(a)(10)/31.10S-27(a) - Compensation paid to senior executives in excess of
allowable Iimits./Payments for employee income or FICA taxes incident to reimbursed relocation
costs./Expenditures in connection with acquisition costs.
3. 31.203(a)/31.105-46 - Costs associated with temporary duty assignments which are not charged as
direct costs to projects.lMeals and lodging in excess ofPederal per diem rates and costs of travel by
contractor owned aircraft in excess of lowest customary airfare.
4. 31.205-13(c),14,22,46,51- Costs of recreation, entertainment, social clubs, alcoholic beverages,
and lobbying are not aHowable.lMeals and lodging in excess of Federal per diem rates.
5. 31.205-6(m)(2) - Portion of the cost of company-furnished automobiles that relates to personal use
by employees, including transportation to and from work.
6. 31.205-1 - Amortization of acquisition intangibles.
7. 31.205-8 - Donations.
8. 31.205-19 - Insurance and self insurance - See Insurance discussion in Note l.ICosts of business
interruption insurance covering profit.
9. 31.205-3 - Bad debts.
10. 31.205-20 - Interest and other financial costs.
1 I. 31.205-1(f)(l),14,46 - Portion of unallowable public relations and advertising costs./Costs of
entertainment are unallowable.lMeals & lodging in excess of Federal per diem rates.
12. AUocated expense - Portion of unallowable allocated expenses from the parent. See Allocation
from Parent discussion in Note 1.
13. 31.205-U/31. 205-1(f)(l)/31. 205-46 - Costs of entertainment are unallowable./Portion of
unallowable public relations and advertising costs.!Meals and lodging in excess of Federal per
diem rates.
14. 31.205-1(f)(1)/31.205-14/31.20S-46/- Unallowable public relations and advertising costs./Costs of
entertainment are unallowable./Meals and lodging in excess of Federal per diem rates.
15. 31.205-3,14,15/46( c)2 - Bad Debts./Costs of entertainment are unallowable./Costs of fines and
penalties are unallowable.! Meals and lodging in excess of Federal per diem rates.
16. 31.205-41(b)(7) - Portion of state income tax which is deferred and not a current tax expense.
AG-C -~~::l Exhibit t:"
B r-eo..kdown of ()v(Y"h~ G,s+
4
HDR ENGINEERING, INC. AND SUBSIDIARIES
SCHEDULE OF FACILITIES CAPITAL COST OF MONEY
YEAR ENDED DECEMBER 31, 2005
Facilities Capital Employed
Secretary of Treasury Interest Rate
:2005
$ 16,010,976
4.3750 %
Facilities Capital Cost of Money
L 700,480
$131,678,049
Direct Labor Base
Facilities Capital Cost of Money Rate
0.53196 %
See notes to statement and schedule.
AG -C::J.'l:2 Exhibit F
B reA.l<d.owfl of Overh~ Cost
5
HDR ENGINEERING, INC. AND SUBSIDIARIES
NOTES TO STATEMENT OF DIRECT LABOR, FRINGE BENEFITS AND
GENERAL OVERHEAD AND SCHEDULE OF FACILITIES CAPITAL COST OF MONEY
YEAR ENDED DECEMBER 31, 2005
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
HDR Engineering, Inc. and subsidiaries (the Company) is a wholly-owned subsidiary ofHDR~ Inc. The
Company is engaged in the business of providing engineering consulting services from offices located in
major cities throughout the United States. The Statement of Direct Labor, Fringe Benefits and General
Overhead and the Schedule of Facilities Capital Cost of Money excludes non-engineering subsidiaries,
HDR Construction Control Corporation and HDR Acquisition Services, Inc., and two project
management departments established to track direct and indirect costs associated with two paxticular
long-tenn contracts. The significant accounting practices and system utilized by the Company include:
a. Basis of Accounting - The Company's Statement of Direct Labor, Fringe Benefits and General
Overhead and Schedule of Facilities Capital Cost of Money were prepared on the basis of
accounting practices prescribed in Part 31 of the Federal Acquisition Regulations. Accordingly,
the statement and schedule are not intended to present the results of operations of the Company in
conformity with accounting principles generally accepted in the United States of America.
b. Project Cost System - The Company maintains a project cost accounting system for the: recording
and accumulation of costs incurred under its contracts. Each project is assigned a project number
so that costs may be segregated and accumulated in the Company's project cost accounting
system.
c. Proposals - The Company's policies for estimating costs for pricing purposes during the proposal
process is consistent with its policies for the accumulation and reporting of costs under its project
cost accounting system
d. AUocalionfrom Parent - Overhead incurred by the Company's parent, HDR, Inc., is alllocated to
the Company based on direct labor and square footage, as appropriate, for the nature of the
expense. This overhead is shown on the Statement of Direct Labor, Fringe Benefits and General
Overhead as allocated expense.
e. Allocation to Subsidiary - The Company allocates certain administrative costs of its overhead
departments along with its share of HDR. Inc. costs between its operations and those of an
operating subsidiary on the basis of direct labor.
f. Labor Related Costs - The Company distributes labor costs to direct projects for all employee
classifications. Overtime premium costs are not charged directly to projects, but are included in
the overhead pool. The Company also paid compensation to senior executives in excess of FAR
subpart 31.20S-6(p) limit of$473,318 per person. The total compensation to senior executives in
excess of the FAR limitation amounted to $582,736 of which $168,855 and $413,881 were
adjusted as unallowable to the indirect labor-general and allocated expense lines of the Statement
of Director Labor, Fringe Benefits and General Overhead for the year ended December 31,2005,
respectively.
AG.C-;}'8'::J. ~hlbl'+ F
l3r-e".,k:Aowfl cf OV~rh~ Cost
6
g. Uncompensated Overtime - The Company did not pay certain salaried employees for time
worked on projects in excess of 40 hours per week. The time in excess of 40 hours was credited
to the indirect cost pool. The credited amount of $74,180 consisted of hours worked in excess of
40, times the employee's actual hourly rate.
h. Direct Costs ~ The Statement of Direct Labor, Fringe Benefits and General Overhead excludes
the following classification of costs which were related to projects: travel, telephone, copying and
printing, mail, equipment, employee mileage, technology charges, outside labor, and other
miscellaneous costs. For subcontractors, the source of the direct charge is the vendor invoice
received by the Company.
i. Contract Labor - The Company uses contract labor for engineering related services, and bills this
labor as a direct expense, not as direct labor, to the project. The contract labor costs charged
directly to contracts for the year ended December 31,2005 amounted to $2,486,937 and are not
included in the direct labor base.
J. Insllrance - Insurance costs, included in insurance and self-insurance in the Statement of Direct
Labor, Fringe Benefits and General Overhead, represent a charge for the deductible portion under
the Company's professional liability coverage and the Company's portion of the premium paid by
HDR, Inc. for professional liability coverage of which a portion is returned to its captive
insurance company Gold Cube. The costs incurred for the deductible portion of the professional
liability coverage are based upon the deductible portion of claims paid averaged over the last five
years.
k. Depreciation - For book purposes, depreciation for equipment is calculated using the straight-
line method over the estimated useful lives of the respective assets. Leasehold improvements are
amortized on the straight-line basis over the shorter of the tenn of the lease or the life of the asset.
Such methods meet the requirements of FAR subpart 31.205-11. For tax purposes, an accelerated
depreciation method is used.
Upon sale or retirement of property and equipment, the related cost and accumulated depreciation
are removed from the accounts and any gain or loss is reflected currently.
1. Computer Allocation - The Company accumulates CADD and Technical Personal Computer
(PC) costs in one cost center. These costs are charged directly to contracts as a general
technology charge using an hourly billing rate of $4.1 O. The actual cost per hour for the year
ended December 31, 2005 was $3.81. The variance between the technology costs charged
directly to contracts and the total technology costs is included in the overhead pool. The total
technology costs charged direct to contracts is $15,613,204. Had the Company not charged the
general technology costs direct to contracts, then these costs would have been included in the
overhead pool and the resultant allowable indirect rate would be 166.61 %.
m. Facilities Capital Cost of Money Rate - In accordance with FAR subpart 31.205-10, the
Company has calculated a weighted average cost of money rate for the year ended December 3 I,
2005 based upon interest rates specified by the Secretary of Treasury under Public Law 92-41.
The facilities capital cost of money rate is computed in accordance with Cost Accounting
Standard 414. Facilities capital cost of money is based on the average net book value of
leasehold improvements and equipment for the year ended December 31, 2005.
A6- c- 2~.:2 Exh(bi~ F
BreAkkUJn of Over~ (t:lsf
7
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Board of Directors of
HDR Engineering, Inc.
We have audited the Statement of Direct Labor, Fringe Benefits, and General Overhead and the
Schedule of Facilities Capital Cost of Money ofHDR Engineering, Inc. and subsidiaries for the year
ended December 31, 2005, and have issued our report thereon dated April II, 2006. We conducted our
audit in accordance with auditing standards generally accepted in the United States of America and the
standards applicable to financial audits contained in Governmental Auditing Standards, issued by the
Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether HDR Engineering, Inc. and subsidiaries'
aforementioned statement and schedule are free of material misstatement, we performed tests of its
compliance with certain provisions oflaws, regulations, and contracts, including the provisions of the
applicable sections of Part 31 of the Federal Acquisition Regulations, noncompliance with which could
have a direct and material effect on the determination of the statement and schedule amounts.
However, providing an opinion on compliance with those provisions was not an objective of our audit
and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance that are required to be reported under Government Auditing Standards.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered HDR Engineering, Inc. and subsidiaries' internal
control over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the statement and schedule and not to provide assurance on the internal
control over financial reporting.
The management of the Company is responsible for establishing and maintaining internal control over
financial reporting. In fulfilling this responsibility, estimates and judgments by management are
required to assess the expected benefits and related costs of internal control over financial reporting.
The objectives of internal control over financial reporting are to provide management with reasonable,
but not absolute, assurance that assets are safeguarded against loss from unauthorized use or
disposition, and that transactions are executed in accordance with the Federal Acquisition Regulations
Part 31. Because of inherent limitations in any internal control structure, errors or irregularities may
nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future
periods is subject to the risk that procedures may become inadequate because of changes in conditions
or that the effectiveness of the design and operation of policies and procedures may deteriorate.
AG-(.-~;;2 Ex:hib;+ F
13 rCAkdown ot Overh~ Cost
8
Our consideration ofthe internal control over financial reporting would not necessarily disclose all
matters in the internal control over financial reporting that might be material weaknesses. A material
weakness is a condition in which the design or operation of one or more of the internal control
components does not reduce to a relatively low level the risk that misstatements in amounts that would
be material in relation to the statement and schedule being audited may occur and not be detected
within a timely period by employees in the normal course of performing their assigned functions. We
noted no matters involving the internal control over financial reporting and its operation that we
consider to be material weaknesses.
This report is intended solely for the information and use of HDR Engineering. Inc. and subsidiaries
and government agencies or other customers related to contracts employing the cost principles of the
Federal Acquisition Regulations Part 31 and is not intended to be used and should not be used by
anyone other than these specified parties.
->~ ~'~~~r
Omaha, Nebraska
April II, 2006
AG-C-:2~;2 Exhi hit F
Br~Wfl 0+ Overhead.. Cost
9
HDR Engineering, Inc.
Breakdown of Overhead Cost per Federal Audit
Direct Labor, Fringe Benefits and General Overhead (Pg 3)
154.76%
Facilities Capital Cost of Money Rate (Pg 5)
Computer Allocation Overhead Rate if computer costs are
not billed directly (Pg 7. paragraph I.)
0.53196%
166.61 %
Total Calculated Overhead Rate (0.53196 + 166.61)
167.142"0
AG-C-:28;2 El(hibi+ ~ 10
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From: WSDOT Consultant Rates [mailto:ConsultantRates@wsdot.wa.gov]
Sent: Friday, May 05,200611:10 AM
To: Finn, Maureen C.; WSDOT Consultant Rates
Cc: Sacco, Gene
Subject: RE: Overhead Rates and Salary Actuals Not To Exceed tables
HDR's proposed revised labor rates and overhead are approved effective March 27, 2006. As I
am sure you know, HDR recovers all their CADD and Technical Personal Computer cost through
their overhead rate. Consequently, their would not be billing these costs separately as direct non-
salary costs.
Thanx, Rick Griffith, Assistant Liaison
WSDOT Consultant Services Office
PO Box 47323
Olympia, WA 98504-7323
(360) 705-6839
From: Finn, Maureen C. [mailto:Maureen.Finn@hdrinc.com]
Sent: Thursday, May 04, 2006 2:46 PM
To: WSDOT Consultant Rates
Cc: Sacco, Gene
Subject: Overhead Rates and Salary Actuals Not To Exceed tables
RE: Master Agreement for On-Call Risk Assessment Expert Services (Statewide) Y-8889
Pursuant to the Payment Provisions Section V of our Master Agreement, we are requesting that
labor rates and overhead be adjusted for the next 12-month period of our agreement. The
Contract anniversary date was March 26, 2006.
Attached find Overhead and Actuals Not To Exceed tables for HDR and the following consultant:
DMJM+Harris Inc.
Please review and have the rated as represented approved for use as of the anniversary date of
the Master Agreement. If you have any questions or need further information, please contact
Gene Sacco, Sr. Project Controller, at 425-450-6218.
Maureen Finn
Project Assistant
HDR ONE COMPANY I Many Solutions
500 108th Avenue, Suite 1200 1 Bellevue. WA 198004
Phone: 425-468-15441 Fax: 425-453-7107
AG-C-:2~;Z Ext,ibi+ F
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Exhibit G
Subcontracted Work
The AGENCY does not permit subcontracts for any portion of the work ofthis AGREEMENT without
written authorization from the AGENCY. If subcontracts are used, total AGREEMENT amounts will not
be changed.
AG-C-282 Exhibit G
Subcontracted Work
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BNSF/A Street SE Pedestrian Underpass
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULtANT, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to
non-discrimination in federally assisted programs ofthe 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 ofrace, 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 ofrace, 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 (FHW A) 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 FHW A 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 FHW A 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
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
AG-C-282 Exhibit H
Title VI Assurances
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BNSF/A Street SE Pedestrian Underpass
AGENCY, STATE or FHW A may direct as a means of enforcing such provisions including
sanction~ for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened
with, litigation with a sub-consultant or supplier as a result of such direction, 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.
AG-C-282 Exhibit H
Title VI Assurances
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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
tennination 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 tennination 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 CONSULT ANT for actual hours charged at the time of tennination
of this AGREEMENT plus any direct nonsalary costs incurred at the time oftennination ofthis
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
tennination of this AGREEMENT.
AG-C-282 Exhibit I
Payment Upon Termination of Agreement
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Exhibit J
Alleged Consultant Design Error Procedures
The purpose ofthis 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, materials 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 consultant's 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 Local Programs Engineer, a summary
ofthe settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
AG-C-282 Exhibit J
Alleged Consultant Design Error Procedures
Page 1 of2
BNSF/A Street SE Pedestrian Underpass
· 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 FHW A. 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 from 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.
· 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 FHW A, 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.
AG-C-282 Exhibit J
Alleged Consultant Design Error Procedures
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BNSF/A Street SE Pedestrian Underpass
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding c1aim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) are a total of$I,OOO 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 c1aim(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;
· Timeframe 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 FHW A 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.
AG-C-282 Exhibit K
Consultant Claim Procedures
Page 1 of 2
BNSF/A Street SE Pedestrian Underpass
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 Claim(s)
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 FHW A 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 c1aim(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.
AG-C-282 Exhibit K
Consultant Claim Procedures
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Exhibit L
Liability Insurance Increase
The professional liability limit of the CONSULT ANT to the AGENCY identified in Section XIII, Legal
Relations and Insurance of this AGREEMENT will not be increased for this project.
AG-C-282 Exhibit L
Liability Insurance Increase
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Exhibit M-1 (a)
Certification of Consultant
Project No. HSRP-ll03 (003)
Local Agency Citv of Auburn
V;Cl.--
&1-5 I 1U/7
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 carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this
AGREEMENT;
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 Trans ortation in
connection with this AGREEMENT involving partici ation of Federal-aid high )1 funds, and is subject
to applicable State and Federal laws, both crimina nd c'yil.
G/t/Oh
Date
AG-C-282 Exhibit M-1(a)
Certification of Consultant
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BNSF/A Street SE Pedestrian Underpass
Exhibit M-1 (b)
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of the City of Auburn.
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 c' I.
JUN - 7 2006
Date
Signature (Peter B. Lewis, Mayor)
w
AG-C-282 Exhibit M-1(b)
Certification of Agency Official
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BNSF/A Street SE Pedestrian Underpass
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 (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of 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 anti-trust 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 and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any ofthe statements in this
certification, such prospective participant shall attach an explanation to this proposal.
~/I(ob
Date
Consultant (Firm Name):
AG-C-282 Exhibit M-2 Page 1 of 1 BNSF/A Street SE Pedestrian Underpass
Certification Regarding Debarment, Suspension and Other Responsibility Matters
Exhibit M-3
Certification Regarding the Restrictions
of the use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," In accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00,
and not more than $100,000.00, for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly.
~;; 106
I Date Official of Consultant
Consultant (Firm Name): HDR En
AG-C-282 Exhibit M-3 Page 1 of 1 BNSF/A Street SE Pedestrian Underpass
Certification Regarding the Restrictions of the use of Federal Funds for Lobbying
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actually or by specific identification in writing, to the Contracting Officer or to the
Contracting Officer's representative in support of C229A - BNSF/A Street SE Pedestrian
UnderDass * are accurate, complete, and current as of -::::::J'lA. rJ I J .:La b (;, **
This certification includes the cost or pricing data supporting any advance agrbements and forward
pricing rate agreements between the offeror and the Government that are part of the proposal.
Firm:
HDR En2ineerin2. Inc.
YA(/tJ At ~/I-avs
-VI C e-. r rJ.--YI~J~
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(
Name:
Title:
Date of Execution: * * *
* Identify the proposal, quotation, request for pricing adjustment, or other submission involved,
giving the appropriate identifying number (e.g. RFP No.).
** Insert the day, month, and year, when price negotiations were concluded and price agreement was
reached.
***
Insert the day, month, and year, of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
AG-C-282 Exhibit M-4
Certificate of Current Cost or Pricing Data
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