HomeMy WebLinkAboutHDR Inc AG-C-230
ConsultanVAddressfT elephone
Local Agency HDR Inc.
Standard Consultant 500 108th Avenue NE, Suite 1200
Agreement Bellevue, W A 98004-5549
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Agreement Number
AG-C-230
... Project Tille And Work Description
Federal Aid Number
C229A BNSF/ A Street Underpass Project
.. The project will include design of a pl~destrian
Agreement Type (Choose one) underpass north of the White River under A Street
,
o Lump Sum and the BNSF railroad line.
Lump Sum Amount $ .-
...
~ Cost Plus Fixed Fee
Overhead Progress Payment Rate 173.15 % ..
---- DBE Participation
Overhead Cost Method DYes 181 No %
-~--
o Actual Cost I WBE Participation
I DYes 181 No %
o Actual Cost Not To Exceed % I .
181 Fixed Rate 10 I Federal 10 Number or Social Security Numb,,,
% i
Fixed Fee $ ! Do you require a 1099 for IRS? Completion Date
~. .--- DYes 181 No December 31, 2004
o Specific Rates Of Pay , ..-- --
o Negotiated Hourly Rate ! Total Amount Authorized $ 151,293.56
,
o Provisional Hourly Rate ! 13,700.00
Management Reserve Fund $
o Cost Per Unit of Work Maximum Amount Payable $ 164,993.56
THIS AGREEMENT, made and entered into this _I q<fu-- day of May , 2004 ,
--
between the Local Agency of City of Auburn , Washington, hereinafter cal!!ed 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 Stat,e
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:
DOT Form 140.089 EF Page 1 of 8
Revised 12/99
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I All reports, PS&E materials, and other data, furnished
GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be
returned. All designs, drawings, specifications,
The work under this AGREEMENT shall consist of documents, and other work products prepared by the
the above described work and selVices as herein CONSULTANT prior to completion or termination of
defined and necessary to accomplish the completed this AGREEMENT are instruments of serl/ice for this
work for this PROJECT, The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse
furnish all services, labor and related equipment by the AGENCY or by others acting through or on
necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of
designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT,
shall be without liability or legal exposure to the
II CONSULTANT.
SCOPE OF WORK
IV
The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION
project is detailed in Exhibit "B" attached hereto, and The CONSULTANT shall not begin any work under
by this reference made a part of this AGREEMENT. the terms of this AGREEMENT until authorized in
III writing by the AGENCY. All work under this
GENERAL REQUIREMENTS AGREEMENT shall be completed by the date
shown In the heading of this AGREEMENT under
All aspects of coordination of the work of this compietion date.
AGREEMENT, with outside agencies, groups or
individuals shall receive advance approval by the The established completion time shall not be extended
AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSUL T-
agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the
through the AGENCY. event of a delay attributable to the AGENCY, or
because of unavoidable delays caused by an act of
The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions
progress and presentation meetings with the beyond the control of the CONSULTANT. A prior
AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is
or County officials, groups or individuals as may be required to extend the established completion time.
requested by the AGENCY. The AGENCY will
provide the CONSULTANT sufficient notice prior V
to meetings requiring CONSULTANT participation. PAYMENT
The minimum number of hours or days notice - The CONSULTANT shall be paid by the AGENCY
required shall be agreed to between the AGENCY
and the CONSULTANT and shown in Exhibit "B" for completed work and selVices rendereid under this
attached hereto and made part of this AGREEMENT. AGREEMENT as provided in Exhibit "C" attached
The CONSULTANT shall prepare a monthly hereto, and by this reference made part "f this
progress report, in a form approved by the AGENCY, AGREEMENT. Such payment shall be full compen-
that will outline in written and graphical form the satian for work performed or services rendered and
various phases and the order of peliormance of the for all labor, materials, supplies, equipmant, and
work in sufficient detail so that the progress of the incidentals necessary to complete the work
work can easily be evaluated. Goals for Disadvan- specified in Section II, "Scope of Work". The
taged Business Enterprises (DBE) and Women CONSULTANT shall conform with all applicabie
Owned Business Enterprises (WBE) if required shall portions of 48 CFR 31.
be shown in the heading of this AGREEMENT.
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VI employees of the CONSULTANT only and not of the
SUBCONTRACTING AGENCY, and any and all claims that mayor might
The AGENCY permits subcontracts for those items arise under any Workmen's compensation Act on
of work as shown in Exhibit G to this Agreement. behalf of said employees or other persons while so
engaged, and any and all claims made b)' a third party
Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of
based on the cost factors shown on Exhibit G, at- the CONSULTANT's employees or other persons
tached hereto and by this reference made a part of this while so engaged on any of the work or services
AGREEMENT. provided to be rendered herein, shall be the sole
The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT.
maximum amount payable unless a prior written The CONSULTANT shall not engage, on a full or
approval has been issued by the AGENCY. part time basis, or other basis, during the period of the
All reimbursable direct labor, overhead, direct non- contract, any professional or technical pefsonnei who
salary costs and fixed fee costs for the subconsultant are, or have been, at any time during the period of the
shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart-
in Section V. All subcontracts exceeding $10,000 in ment of Transportation, the STATE, or the
cost shall contain all applicable provisions of this AGENCY, except regularly retired employees,
AGREEMENT. without written consent of the public employer of
The CONSULTANT shall not subcontract for the such person.
performance of any work under this AGREEMENT VIII
without prior written permission of the AGENCY. No NONDISCRIMINATION
permission for subcontracting shall create, between The CONSULTANT agrees not to discriminate
the AGENCY and subcontractor, any contract or any
other relationship. against any cHent, employee or applicant for employ-
ment or for services because of race, crEled, color,
VII national origin, marital status, sex, age or handicap
EMPLOYMENT except for a bona fide occupational qualification with
regard to, but not limited to the following employ-
The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or
employed or retained any company or person, other any recruitment advertising, a layoff or tmminations,
than a bona fide employee working solely for the rates of payor other forms of compensation. selection
CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSUL T-
that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this
person, other than a bona fide employee working provision, this AGREEMENT may be terminated by
soleiy for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT
percentage, brokerage fee, gift, or any other consider. shall be barred from performing any services for the
ation, contingent upon or resulting from the award or AGENCY now or in the future unless a showing is
making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina-
warrant, the AGENCY shall have the right to annul tory practices have terminated and that recurrence of
this AGREEMENT without liability, or in its discre- such action is unlikely.
tion, to deduct from the AGREEMENT price or
consideration or otherwise recover the full amount of During the performance of this AGREEMENT, the
such fee, commission, percentage, brokerage fee. gift, CONSULTANT, for itself, its assignees and
or contingent fee. successors in interest agrees as follows:
Any and all employees of the CONSULTANT or A. COMPliANCE WITH REGULATIONS: The
other persons while engaged in the pertormance of CONSULTANT shall comply with the Regula-
any work or services required of the CONSULTANT tions relative to nondiscrimination in the same
under this AGREEMENT, shall be considered manner as in Federal-assisted proll'ams of the
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Department of Transportation, Title 49, Code of sive possession of another who fails or refuses to
Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall
amended from time to time, (hereinafter referred so certify to the AGENCY, or the UnitE,d States
to as the Regulations), which are herein incorpo- Department of Transportation as appropriate, and
rated by reference and made a part of this shall set forth what efforts it has made, to obtain
AGREEMENT. The consultant shall comply the information.
with the American Disabilities Act of 1992, as E. SANCTIONS FOR NONCOMPLIANCE: In the
amended.
event of the CONSULTANT's noncompliance
8. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this
with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose
AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway
grounds of race, creed, color, sex, age, marital Administration may determine to be oppropriate,
status, national origin or handicap except for a including, but not limited to:
bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT-
tion and retention of subconsultants, including ANT under the AGREEMENT until the
procurements of materials and leases of equip- CONSULTANT complies, and/or
men!. The CONSULTANT shall not participate
either directly or indirectly in the discrimination 2. Cancellation, termination or suspl~nsion of the
prohibited by Section 215 of the Regulations, AGREEMENT, in whole or in pan:.
including employment practices when the contract F. INCORPORATION OF PROVISIONS: The
covers a program set forth in Appendix II of the CONSULTANT shall include the provisions of
Regulations, paragraphs (A) through (G) in every subcontract,
C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of
INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Re'guiations or
ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto. The CON.
either by competitive bidding or negotiation made SULTANT shall take such action witlh respect to
by the CONSULTANT for work to be performed any subconsultant or procurement as the
under a subcontract, including procurements of AGENCY or the Federal Highway Administra-
materials or leases of equipment, each potential tion may direct as a means of enforcing such
subconsultant or supplier shall be notified by the provisions including sanctions for nCincompli-
CONSULTANT oflhe CONSULTANT's ance; provided, however, that, in the, event a
obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is
Regulations relative to nondiscrimination on the threatened with, litigation with a sub consultant or
grounds of race, creed, color, sex, age, marital supplier as a result of such direction, the CON-
status, national origin and handicap. UL T ANT may request the AGENCY to enter
D. INFORMATION AND REPORTS: The into such litigation to protect the interests of the
CONSULTANT shall provide all information AGENCY, and in addition, the CONSULTANT
may request the United States to enter into such
and reports required by the Reguiations, or
directives issued pursuant thereto, and shall litigation to protect the interests of the United
States.
permit access to its books, records, accounts,
other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The
may be determined by the AGENCY to be CONSULTANT shall comply with RCW
pertinent to ascertain compliance with such 49.60.180.
Regulations or directives. Where any information
required of the CONSULTANT is in the exciu-
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IX In the event of the death of any member, partner or
TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi-
The right is reserved by the AGENCY to terminate sory personnel assigned to the project, or, dissolution
this AGREEMENT at any time upon ten days written of the partnership, termination of the corporation, or
notice to the CONSULTANT. disaffiliation of the principally involved employee,
the surviving members of the CONSULTANT hereby
In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this
AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the
CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to
CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the
AGREEMENT used. surviving members of the CONSULTANT and the
AGENCY, iflhe AGENCY so chooses.
No payment shall be made for any work completed
after ten days following receipt by the CONSUL T- In the event of the death of any of the parties listed in
ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members
payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur.
of Termination exceeds the total amount that would renee, desire to terminate this AGREEMENT,
be due computed as set forth herein above, then no payment shall be made as set forth in thll second
final payment shall be due and the CONSULTANT paragraph of this section.
shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY
excess paid. shall not constitute a waiver by the AGENCY of any
If the services of the CONSULTANT are terminated remedies of any type it may have against the CON-
by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by
SULTANT, the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT.
apply. In such an event, the amount to be paid shall be ANT to perform work required of it by the,
determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the
given to the actuai costs incurred by the CONSUL T- AGREEMENT will not constitute waiver of entitle-
ANT in performing the work to the date of ment to exercise those rights with respect to any
termination, the amount of work originally required future act or omission by the CONSULTANT.
which was satisfactorily completed to date of termina-
tion, whether that work is in a form or a type which is X
usable to the AGENCY at the time of termination: CHANGES OF WORK
the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and
to complete the work required and the time which revisions in the complete work of this AGREEMENT
maybe required to do so, and other factors which as necessary to correct errors appearinGltherein, when
affect the value to the AGENCY of the work per- required to do so by the AGENCY, without additional
formed at the time of termination. Under no compensation thereof. Should the AGENCY find it
circumstances shall payment made under this subsec- desirable for its own purposes to have pl'eviously
tion exceed the amount which would have been made satisfactorily completed work or parts thmeof
using the formula set forth in the previous paragraph. changed or revised, the CONSULTANT shall make
If it is determined for any reason that the CONSUL T- such revisions as directed by the AGENCY. This
ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be
failure to perform is without it or it's employee'S fault paid for as herein provided under Section XIV.
or negligence, the termination shall be deemed to be a
termination for the convenience of the AGENCY in
accordance with the provision of this AGREEMENT.
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XI that nothing herein shall require a CONSULTANT to
DISPUTES indemnify the AGENCY and the STATE against and
Any dispute concerning questions of fact in connec- hold harmless the AGENCY and the STATE from
tion with the work not disposed of by AGREEMENT claims, demands or suits based solely upon the
between the CONSULTANT and the AGENCY shall conduct of the AGENCY and the STATE, their
be referred for determination to the Director of Public agents, officers and employees and provided further
Works or AGENCY Engineer, whose decision in the that if the claims or suits are caused by or result from
matter shall be final and binding on the parties of this the concurrent negligence of (a) the
CONSULTANT's agents or employees and (b) the
AGREEMENT, provided however, that if an action is AGENCY and the STATE, their agents, officers and
brought challenging the Director of Public Works or employees, this indemnity provision with respect to
AGENCY Engineer's decision, that decision shall be (1) claims or suits based upon such negligence, (2) the
subject to de novo judicial review. costs to the AGENCY and the STATE of defending
XII such claims and suits, etc. shall be valid and enforce-
VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's
PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's
agents or employees.
I n the event that either party deems it necessary to
institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall
right or obligation under this AGREEMENT, the be at all times as an independent contractor.
parties hereto agree that any such action shall be The CONSULTANT specifically assume:; potential
initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's
ton, situated in the county the AGENCY is located in. own employees against the AGENCY and, solely for
The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the
resolved by application of Washington law and that CONSULTANT specifically waives any immunity
the parties to such action shall have the right of appeal under the state industrial insurance law, Title 51
from such decisions of the Superior court in accor- RCW. The CONSULTANT recognizes that this
dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the
CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was thE> subject of
jurisdiction of the Superior court of the State of mutual negotiation.
Washington, situated in the county in which the
AGENCY is iocated in. Unless otherwise specified in the AGREEMENT, the
AGENCY shall be responsible for administration of
XIII construction contracts, if any, on the project. Subject
LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental
The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call
State, and local laws and ordinances applicable to the assistance to the AGENCY during contrslct adminis-
work to be done under this AGREEMENT. This tration. By providing such assistance, the
AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no respons,ibility for:
accord with the laws of Washington. proper construction techniques, job site !lafety, or any
construction contractor's failure to perform its work
The CONSULTANT shall indemnify and hold the in accordance with the contract documents.
AGENCY and the STATE, and their officers and
employees harmless from and shall process and The CONSULTANT shall obtain and keep in force
defend at its own expense all claims, demands, or during the terms of the AGREEMENT, or as other-
suits at law or equity arising in whole or in part from wise required, the following insurance wi'lh
the CONSULTANT's negligence or breach of any of companies or through sources approved by the State
its obligations under this AGREEMENT; provided Insurance Commissioner pursuant to RCW 48.
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XIV
Insurance Coverage EXTRA WORK
A. Worker's compensation and employer's liability A. The AGENCY may at any time, by written order,
insurance as required by the STATE. make changes within the general scope of the
AGREEMENT in the services to be performed.
B. General commercialliabilily insurance in an B. If any such change causes an increase or decrease
amount not less than a single limit of one million
and 00/100 Dollars ($1,000,000.00) for bodily in the estimated cost of, or the time rElquired for,
injury, including death and property damage performance of any part of the work under this
AGREEMENT, whether or not changEld by the
per occurrence. order, or otherwise affects any other terms and
Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY
any professional liability insurance secured by the shall make an equitable adjustment in the
CONSULTANT, the AGENCY will be named on all (1) maximum amount payable; (2) delivery or
certificates of insurance as an additional insured. The completion schedule, or both; and (3) other
CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE-
verification of insurance and endorsements required MENT accordingly.
by this AGREEMENT. The AGENCY reserves the C. The CONSULTANT must submit its "request
right to require complete, certified copies of all for equitable adjustment" (hereafter referred to
required insurance policies at any time. as claim) under this clause within 30 days from
AIi insurance shall be obtained from an insurance the date of receipt of the written order. However,
company authorized to do business in the State of if the AGENCY decides that the fact" justify it,
Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim
verification of insurance as outlined above within submitted before final payment of thE>
14 days of the execution of this AGREEMENT to AGREEMENT.
the AGENCY.
D. Failure to agree to any adjustment shall be a
No cancellation of the foregoing policies shall be dispute under the Disputes clause. However
effective without thirty (30) days prior notice to nothing in this clause shall excuse the CON-
the AGENCY. SUL TANT from proceeding with the
The CONSULTANT's professional liability to the AGREEMENT as changed.
AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of
under this AGREEMENT or one million doliars, paragraphs (a) and (b) above, the maximum
whichever is the greater unless modified by amount payabie for this AGREEMENT, shall
Exhibit H. in no case shali the CONSULTANT's not be increased or considered to be increased
professional liability to third parties be limited in except by speCific written supplement to this
any way. AGREEMENT.
The AGENCY will pay no progress payments XV
under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS
complied with this section. This remedy is not exclu-
sive; and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on
such other action as is available to them under other all plans, estimates or any other engineering data
provisions of this AGREEMENT, or otherwise in iaw. furnished by him.
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XVI XVIII
FEDERAL AND STATE REVIEW COMPLETE AGREEMENT
The Federal Highway Administration and the This document and referenced attachmEmts contains
Washington State Department of Transportation all covenants, stipulations and provisions agreed upon
shall have the right to participate in the review or by the parties. No agent, or representative of either
examination of the work in progress. party has authority to make, and the parties shall not
be bound by or be liable for, any statem"nt, represen-
XVII tation, promise or agreement not set forth herein. No
CERTIFICATION OF THE CONSULTANT changes, amendments, or modifications of the terms
AND THE AGENCY
hereof shall be valid unless reduced to writing and
Attached hereto as Exhibit "A-1", are the signed by the parties as an amendment to this
Certifications of the Consultant and the Agency, AGREEMENT.
Exhibit "A-2" Certification regarding debarment, XIX
suspension and other responsibility matters - primary EXECUTION AND ACCEP'TANCE
covered transactions, Exhibit "A-3" Certification
regarding the restrictions of the use of Federai funds This AGREEMENT may be simultaneou"ly executed
for lobbying, and Exhibit "A-4" Certificate of Current in several counterparts, each of which stlall be
Cost or Pricing Data. Exhibits "A-3" and "A-4" are deemed to be an original having identical legal effect.
only required in Agreements over $100,000. The CONSULTANT does hereby ratify and adopt aU
statements, representations, warranties, covenants,
and agreements contained in the proposi~l, and the
supporting materials submitted by the CONSUL T-
ANT, and does hereby accept the AGREEMENT and
agrees to all of the terms and conditions thereof.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
" ~~ " ---"
Consultant NO 12. ~rt"'eer7 I",,=- Agency Mayor, City of Auburn
_._.__.~---
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Exhibit A-1
Certification Of Consultant
Project No. C229A
-------
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of HDR Inc. whose address is
.-
500 108th Avenue NE, Suite 1200 Bellevue, W A 98004-5549 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any
firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to
solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of
any firm or person in connection with carrying out the contract.
(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 the contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and
that the firm is in full compliance with the requirements of the board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contmct involving
participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil.
~~~1 /04 ~A- ..--
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Auburn Washington
~---- -
and that the above consulting firm or their representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Payor agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of
any kind, except as here expressly stated (if any).
I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal aid highway funds and it
'OOj'''W'~;h~b;dF'~"'I~'' _~mrn.] ~d ';J5~__
a e Signature
~~
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Exhibit A-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a dvil judgment
rendered against them for commission or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state, or local) with commission of any of the offenses enumerated in paragraph l.b. of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more, public
transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): HDR Inc.
--~-
~%.~---
, (Date) uthorized Official of Consultar~' -
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Exhibit A-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:
1. 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 agem:y, a member of
Congress, an officer or employee of Congress, or an 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 fed,:ralloan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any 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 r,equired
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or Shl: shall require
that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and
that all such subrecipients shall certifY and disclose accordingly.
Consultant (Firm): HDR Inc.
---
~1/~ ~.'"
(Date) uthorized Official of Consultant
'- --- ---'"--~ - ----- -'-'"-~.~--_.__. ---. "-
Exhibit A-4
Certificate of Current Cost or Pricing Data
This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 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 AG-C-230
* are accurate, complete, and current as of May 3, 2004 **. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm HDR Inc.
Name
Title
~-,,- .-. -------
Date of Execution*** 5- \C\.. -oLt
_.m
* Identify the proposal, quotation, request for price 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 agreem<~nt
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.
- --. .. ------,---------- -_._---~- ~
EXHIBIT B - SCOPE OF WORK
C229A BNSF Pedestrian Underpass
I. INTRODUCTION
The BNSF Underpass project was identified and evaluated in a study prepared for Washington State
Department of Transportation in December 2000. The study evaluated five alternatives for crossing A
Street SE (East Valley Highway) and the BNSF railroad iines, with the preferred alternative identified as
the construction of a tunnel and trestle north of the White River. This phase of the project will further
develop the preferred alternative by evaluating and defining major design elements, recommending
improvements, identifying design criteria, and refining costs and project schedule. A technical
memorandum, preliminary plans and final Design Report will be prepared to support the acquisition of
future project funds and serve as the CITY's foundation for detailed plans and specifications.
II. SCOPE OF SERVICES
Work under this scope will include the development of design concepts for two major componeints of the
project. The first component is the tunneling under East Valley Highway/A Street SE. The second
component is the crossing of the BNSF rail lines. Analysis of both components will be evaluatEld through
a series of tasks. These tasks can be generally grouped into two phases:
Phase I: Data collection and proposal of civil/structural/drainage options. Information will be
collected for existing conditions at the project site and used to conceptually propose, evalui3te and
decide upon major civil, structural, and drainage elements for the project. This analysis will be
detailed in a technical memorandum and accompanied with conceptual layouts, as required in
individual tasks. The City and the CONSULTANT will meet to discuss the results of the mElmorandum
and provide comments. The CONSULTANT will provide clarifications or corrections, as required,
before submitting the final technical memorandum.
Phase II: Development of selected options, including environmental requirements. This phase
includes detailed analysis and development of the options selected in Phase I above, to include
development of preliminary drawings, as required in individual tasks and development of the final
design report which incorporates description of process findings and recommendations of completed
work.
Both tasks shall incorporate project management, administration, city coordination and quality
control/quality assurance (QAlQC) as required to complete the tasks.
III. DESIGN CRITERIA
Documents deveioped 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.
Exhibit 8, AG-C-230 HDR inc. Page 1 of 10
5/3/04
-- ------_.." .-'--'-" ~ __u____ ______.._
City of Auburn Publications:
a) Current Design and Construction Standards. Auburn standards will supersec'e any other
standards identified below.
b) City Standard Item Table
WSDOT Publications:
a) Standard Specifications for Road, Bridge and Municipal Construction, English edition (2004)
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) ElS Format Standards
American Association of State Highway and Transportation Officials (AASHTO) Publiclltions:
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 (USDOT) 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 WatelWorks 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
g) Endangered Species & Transportation Handbook, Draft. Washingfon 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 Stormwater Management Manual for Western Washington
k) Illuminating Engineering Society of North America Recommendations
Exhibit B, AG-C-230 HDR Inc. Page 2 of 10
513104
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IV. PROJECT SCHEDULE
The anticipated project schedule with key milestones is outlined beiow:
Milestone Date
Consultant Notice to Proceed May 2004
Survey / Base Mapping May 2004
Geotechnical Evaluation May - June 2004
Development of Technical Memorandum, Conceptuai Layouts June - July 2004
City Review July 2004
Preliminary Design July - September 2004
Prepare Design Report/Plans October 2004
City Review October 2004
Final Design Report Submittal (City Comments Included) November 2004
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 CONSULTAr~T
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. Survey Control and Datum for nearest existing monuments based on City datum NAD
83-91 (Horizontal) and NAVD 88 (Vertical)
2. Parcel and easement locations for affected properties (title reports or legal
descriptions)
3. Groundwater Monitoring Data from October 2000 to October 2002
4. Available as-builVrecord drawings and information on the current project and on other
public works and/or private projects in the immediate vicinity, including bid tabs, as
requested by the CONSULTANT.
5. Readily available and relevant geotechnical exploration information in the project
vicinity.
6. Consolidated review comments for all submittals prior to return to the CONSULTANT.
7. Codes and governing regulations for the project corridor area.
8. Lighting requirements and design criteria per City requirements.
9. Past design review submittals of existing planning information within the project
corridor area (i.e.: master plans, drawings, photographs).
10. Comprehensive plan for City of Auburn and applicable Shoreline Permit
Requirements, and appropriate sensitive/critical area maps and supporting
documentation.
11. Most recent aerial mapping for the project corridor.
Exhibit S, AG-C-230 HDR inc. Page 3 of 10
5/3/04
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12. Rights-of-entry upon private property (not including BNSF) necessary for the
performance of the work. This includes any fees associated with acquisition of thesE'
rights-of-entry.
13. A list of utilities and other agencies having facilities in the project area.
14. Record drawing information of existing or proposed drainage facilities owned and
maintained by the City of Auburn or Pacific that may be impacted or utilized for the
project drainage plan.
The CONSULTANT will prepare and furnish the following deliverables to the CITY:
1. Monthly progress reports, invoices, and anticipated project schedule (Task 1)
2. Topographic Survey I Base Map (Task 3)
- One (1) electronic copy on CD (AutoCAD 2002 format) with planimetric features, fiElld survey
points and electronic surface (TIN)
- One (1) electronic ASCII point file
- One (1) PLS stamped hard copy of topographic base,map and field notes
3. Technical Memorandum
- Six (6) draft (unbound), two (2) final (bound) and one (1) electronic final discussing:
. Geotechnical summary of findings (Task 4)
. Civil design findings, with conceptual layout plans (11" x 17") and comparative-
level costs for evaluated alternatives (Task 5.1)
. StormwaterlDrainage considerations (Task 6)
. Structural design findings, with conceptual layout plans (11" x 17") ,and
comparative-level costs for evaluated alternatives (Task 7.1)
. Preliminary screening of environmental requirements (Task 8)
- Two (2) copies borings and test pit logs (Task 4)
- Five (5) copies comparative-level cost estimates (Task 9)
4. Preliminary Plans
- Six (6) draft copies of half size (11" x 17") 30% plans and two (2) final copies for the following
disciplines
. Civil! Utility (Task 5.2)
. Structural (Task 7.2)
. Stormwater! Drainage (Task 6)
- One (1) electronic copy of final plans on CD (AutoCAD 2002 format) including all
external reference fiies and any custom fonts and plot settings
5. Final Design Report to accompany Preliminary Plans
- Six (6) draft (unbound), two (2) final (bound) and one (1) electronic final discussing:
Exhibit B, AG-C.230 HDR Inc. Page 4 of 10
5/3/04
.---- "-" -----------------. -
I
. Final assessment of environmental requirements for the final selected
civillstructural alternatives and a summary of required environmental
documentation and permits (Task 8)
. A detailed budget-level cost estimate for the preferred alternatives (Task 9)
. Discussion of BNSF Impacts and Acceptability, Pedestrian Safety,
Constructability (All tasks)
. Summary of findings and recommendations resulting from completed work (All
tasks)
VI. WORK TASKS
General Assumptions:
1. Subsurface investigation and remedial action associated with hazardous wastes located within the
project limits are not within this scope of services. It is assumed no hazardous, dangerous, or
contaminated soil/ground water will be encountered on or within the project limits. Should any of
these materials be encountered. it will be considered Extra 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 WSDOT/APWA
standards being the default where CITY standards do not exist.
Task 1 - Project Management I CONSULTANT Coordination
This task describes the CONSULTANT services necessary to plan, perform, and control Ilhe various
project eiements to meet the needs and expectations of the CITY and other project stakeholders.
,
The CONSULTANT will administer the project and coordinate with affected stakeholders including City of
Auburn, City of Pacific and BNSF Railroad to facilitate efficient progress and timely completion. Elements
of work included in this task include:
. Develop and update a detailed project schedule in MS Project '98
. Evaluate and monitor project budget
. Prepare monthly invoices with written summary of project progress to-date and
anticipated activities for next month
. Develop Project Guide
. Establish Communication Plan
. Establish Approach to Issue Resolution
. Develop and Implement Quality Management Plan
Task 2 - Existing Data Collection and Site Reconnaissance
This task describes the services required to familiarize the CONSULTANT with the site and availabie
resources for analysis and design of the project. Documentation of this task will be included, as required
and appropriate, in various technical memorandum, design reports, and plans.
Exhibit 8, AG-C-230 HDR Inc. Page 5 of 10
5/3/04
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Task 2.1 Existing Data Collection
The CONSULTANT will review the existing data provided by the CITY and collected by the CONSULTANT
from other agencies. This includes existing reports, maps, well monitoring data, utilities, plans,
alignments, profiles and other data pertinent to the roadways, structures, railroad, utilities, soils, local
geology and seismicity. Information wili be categorized and prioritized to the degree it specifically relates
to proposed improvements and to develop preliminary characterizations of conditions within the project
area. Major findings wili be documented and/or highlighted for additional data collection or analysis, as
needed.
Task 2.2 Site Reconnaissance.
The CONSULTANT team members wili visit the site after reviewing the collected data. The site visit wili be
used to take photographs and check existing GIS data, aerial mapping data, and as-built maps for the
existing East Valley Highway and BNSF Railroad Bridges; noting those features that visibly conflict with
existing data collected and determining areas for additional fieid survey in later phases of the project.
Task 3 - Surveying and Base Mapping
Assumptions:
. The purpose of this task is to provide a preliminary base map and sufficient property and
topographic details for preparation of a technical memorandum and 30% design ,'rawings.
This task involves CONSULTANT collection of field surveying, and base map preparation for IJse in the
development and evaluation of alternatives. The base map wili include the highest resolution llvailable
aerial photo provided by the CITY. Other existing planimetric features to be shown include existing
roadway and raiiroad right-of-way lines; parcel boundary lines and ownerships; easements, major utilities,
walls, structures, culverts, streams and buffers, wetlands and buffers, and floodplains.
A topographic survey of the project area will include note reduction and delineation of the projElct area.
Mapping wili be provided at a scale of 1" = 20' and include spot elevations and site contours at a 2-foot
interval. An electronic surface (TI N) of the project area will be provided in AutoCAD 2002 software.
Topographic survey limits wili include:
South - Northerly embankment of White River
West - Centerline of Skinner Road
North - 150 feet north of proposed underpass ramp access
East - East side of Trailer Park Loop Road
Grade shots on top of the BNSF tracks will be taken at 25 ft intervals from the existing railroad trestle
bridge to a pOint 500 feet north of the proposed underpass. The CONSULTANT shall be responsible for
ali surveyor and safety certifications to work within BNSF right-of-way and shall coordinate all ElNSF
fiagging operations. BNSF flagging operations are estimated at 3 days.
Utility surveying wili include locates and grade shots for all painted or surface features within the project
area. Fieid survey will be tied to existing street intersection monumentation.
Task 4 - Geotechnical Evaluation
Exhibit B, AG-C-230 HDR Inc. Page 6 01' 10
5/3/04
--. - --- -
Assumptions:
. Existing information will be used to the extent available to minimize field exploration during
this phase of the project.
The CONSULTANT will complete driiling and inspection of up to three (3) test hoies and related laboratory
testing to Increase confidence in the geotechnical conditions in the project area and to identify potential
implications to project costs. It is assumed that the total drilling will not exceed 120 feet. In addition, the
CONSULTANT will dig approximately four exploration test pits located at the toes of the railroad
embankment and in the vicinity of the "A" Street bridge. The CONSULTANT will provide equipment and
labor to locate the test holes and test pits, driil the holes, excavate the test pits, and restore the site upon
completion. The CONSULTANT will be responsible for utility locates, permit applications, vehicular traffic
control and any BNSF notifications for flagging as needed during drilling operations. During thE! drilling
program, Standard Penetration Tests (SPTs) will be conducted at intervals of 2.5 feet for the first 20 feet
and at 5 feet thereafter or at stratigraphic changes in soil. An automatic hammer will be used to conduct
SPT's. The test hole locations are anticipated on each end of the proposed crossing with a third located
between the East Valley Highway and the railroad tracks,at an accessible location as close to the
alignment as feasible (within approximately 50 feet).
The CONSULTANT will provide a geotechnical engineer or engineering geoiogist during test hole drilling
to (1) visually classify soils and rock following ASTM methods; (2) record blow counts during SPT's; (3)
record RQD (Rock Quality Designation is an index property based on recovered core of pieces longer
than 4 inches) in rock if encountered; and (4) store samples of soil and rock for laboratory testilng and
,classification. The logs will include relevant observations made by drilling crews during drilling, Depths at
which groundwater is encountered will also be recorded. Restoration of test holes will be provided as
necessary. The drilling subcontractor will collect drill cuttings in 55 gallon drums and dispose of them at
an approved landfill.
The CONSULTANT will conduct laboratory tests on selected soil samples to determine gradation and
moisture content of site soils. For planning purposes it is assumed that the laboratory testing program will
consist of up to 4 moisture content tests, 2 sieve analyses, 4 Atterberg Limits, and 4 Percent Passing 200
tests on soil samples.
The CONSULTANT shall prepare boring logs and a summary of lab testing results for each test hole and
incorporate the data into the geotechnical section of the technical memorandum. A plan view ,jrawing
identifying the locations of existing information will be prepared. Copies of boring logs from exploration
locations will be made and filed in project notebooks.
Based on experience and qualitative evaluation, the CONSULTANT will provide preliminary
recommendations regarding tunnel and bridge foundation and retaining wall types that appear to be
feasible and appropriate for the site conditions. The CONSULTANT wiil compile the data and
recommendations into a technical memorandum.
Task 5 - Civil Engineering Design
This task involves preliminary civil engineering design work to further develop and evaluate alternative
horizontal and vertical layouts of project components, identify the preferred approach based upon cost,
Exhibit 8, AG-C-230 HDR inc. Page 7 of 10
5/3/04
.,..-- .._ _____.....__..... u___..__..__ -. ._._-~-_._-~--- .~
access and constructability, and establish a basis for final design. The items of work to b,s performed
under this task are as follows:
Task 5.1 Civil Alternatives Study
The CONSULTANT will review applicable standards/guidelines and document where BNSF, AASHTO
and/or CITY standards/guidelines apply. Design criteria will be documented in the technical memorandum
and will be used as the basis for civil alternatives analysis.
Evaluation and discussion of two (2) conceptual layouts will be developed to define the ;approximate
requirements for horizontal and verticai alignments on the rail underpass and tunnel, as well as stair and
ADA ramp access iocations and widths. Both layouts will also consider potential encroachments and
impacts to private property, slope grading, scope of utility reiocations, and construction
staging/sequencing. Both layouts wi Ii assume that two lanes of vehicular traffic must be maintained at all
times. Comparative-level costs will be developed for the major cost elements of each layout ;and shall be
of sufficient accuracy and detail to enable ranking of alternatives based on cost.
A preferred alternative for each component of the project (East Valley Highway tunnel and BNSF
underpass) will be identified by CITY staff. Preliminary plans and funding-level costs will be developed on
the preferred alternative only as described in Task 11.
This task includes up to two (2) meetings <in conjunction with structural design meetings) throughout the
course of the project with City and BNSF staff as appropriate to coordinate technical elements of the work.
Task 5.2 Preliminary Civil Layout and Cost Estimate
Based on the preferred alternative identified during the civil alternatives study in task 6.2, the
CONSULTANT will prepare preliminary plans, profiles and sections (30% design) for the undercrossing
and tunnel. The plans will address location and space requirements for facilities, impacts to properties
and utilities, project limits, grading, drainage, ADA accessibility, and construction sequEmcing. The
CONSULTANT will use this information to develop a detailed budget-Ievei cost estimate under Task 11.
Task 6 - Stormwater Design
The purpose of this task will be to establish an appropriate approach to addressing storm drainage
runoff and treatment requirements for the project.
Assumptions:
. Treatment requirements will be based on the methodology defined by the CITY.
. Stormwater detention is not required due to the proximity to the White River.
The CONSULTANT will collect and review available data pertaining to hydrology, flooding, sensitive areas,
basin plan requirements, and other parameters that may affect stormwater management at the site.
Sources of data include the City Stormwater Comprehensive Plan and may include other information from
the City, King County and FEMA.
The CONSULTANT will perform preliminary level anaiyses to determine type, size and location
alternatives for water quality treatment, and conveyance facilities. The proposed facilillies will be
incorporated into the conceptual project plans showing all facilities in relation to other proposed project
improvements, other existing site features and right-of-way.
Exhibit 8, AG-C-230 HDR Inc. Page 8 01' 10
5/3/04
-- -- --------------------- ---
The CONSULTANT will prepare a Preliminary Stormwater Memorandum documenting all collected data,
results of meetings with agency personnel, and results of technical analyses, including a reGOmmended
drainage plan.
Task 7 - Structures - Tunnel, Bridge and Retaining Wall
This task involves preliminary structural engineering work to develop and evaluate alternative bridge and
tunnel layouts and structure types, identify the preferred layout and structure types based upon cost
analysis and constructability, and to establish a basis for final design. The items of work to be performed
under this task are as follows:
Task 7.1 Structures Alternative Study
The CONSULTANT will review and confirm the roadway, geotechnical, and structural design criteria to be
used for the bridges and retaining walls in accordance with applicabie BNSF and AASHTO standards and
requirements. Design criteria will be documented in the technical memorandum and will be uS'ld as the
basis for structural alternatives analysis.
The structural analysis for the project will be broken into two major components for the evaluation of
alternatives. The first component will be the evaluation of up to two (2) construction scenarios for the
tunnel underpass of A Street (East Valley Highway). This will include the evaluation cast-in-place vs.
precast concrete structures, soldier pile wall retaining systems, etc. The second component will be the
evaluation of two (2) alternatives for the undercrossing of the BNSF rail line. This will include the
,evaluation of a bridge option vs. tunneling option. Conceptual layouts will be developed indicating
approximate geometric requirements such as retaining wall types, heights and locations, span lengths,
superstructure depths and types, and pier locations to support the identification of a preferred approach.
Preliminary construction staginglsequencing concepts and existing site constraints will be identified.
Advantages and disadvantages of each concept and potential constraints from a structural and
constructability perspective will be identified. Comparative-level costs will be developed for the major cost
elements of each alternative and shall be of sufficient accuracy and detail, to enable ranking of alternatives
based on cost.
A preferred alternative for each component of the project (East Valley Highway and BNSF und1erpass) will
be identified by CITY staff. Preliminary plans and funding-level costs will be developed on the preferred
alternative only as described in Task 11.
This task includes up to two (2) meetings (in conjunction with civil design meetings) throughout the course
of the project with CITY and/or BNSF Bridge and Structures representatives to coordinate technical
elements of the work and identify any project-specific design criteria.
Task 7.2 Preliminary Structures Layout and Cost Estimate
Based on the preferred alternatives identified by CITY staff, the CONSULTANT will develop a preliminary
structures layout for the undercrossing for the purpose of estabiishing the bridge and tunnel types, sizes,
locations, and construction sequence, to be used for defining project cost and budget requirements and
for establishing a basis for final design. The CONSULTANT will define the geometric, aesthetic:, and
structural requirements for the structures based on current site and survey data, roadway and track
geometries, and other site constraints. The CONSULTANT will establish the location and type" for tunnel
Exhibit B, AG-C-230 HDR Inc. Page 9 of 10
5/3/04
. ._._~-~--_._--_.~_._-,-- -'-"-'-
and bridge piers and define the vertical and horizontal clearances to adjacent obstructions. FClundation
design concepts for the structurai elements of the project will be prepared in coordination with the project
geotechnicai engineer. The CONSULTANT will submit the preliminary structures layout to BNSF for
review and approval.
Based on the preferred aiternative identified by CITY staff, the CONSULTANT will develop a d,etailed
budget-level cost estimate to more accurately assess the expected construction costs. The budget-level
cost estimate will include appropriate contingency factors to account for project uncertainties that cannot
be accounted for at the preliminary engineering stage of the project.
Task 8 - Environmental Documentation \ Permit Assessment
The CONSULTANT will conduct an environmental screening of the alternatives in order to identify any
fatal flaws that may exist in each alternative based on NEPAlSEPA environmental elements and other
permit requirements. The CONSULTANT will review the proposed improvements associated with the
project alternatives and their potential environmental impacts to determine NEPA ISEPA requirements and
identify possible required permits. The CONSULTANT will estimate the duration of the documentation
process and the amount of agency coordination required. The CONSULTANT will identify additional
environmental studies that might be needed at this time. Environmental documentation recomrnendations
will be documented in the Technical Memorandum. Final assessment of environmental requirElments for
the final selected civillstructural aiternatives and a summary of required environmental documentation and
permits will be included in the Final Design Report.
This task includes up to one (1) meeting throughout the course of the project with CITY staff as
appropriate to coordinate technical elements of the work.
Task 9 - Opinion of Probable Cost
The CONSULTANT will compile the comparative-level cost information developed in the technical
memorandum and prepare a total project cost comparison. The major cost elements will be identified and
quantified in sufficient accuracy and detail to enable the relative ranking of alternatives based on cost.
Following selection of a preferred alternative, the CONSULTANT will prepare a detailed budget-level
estimate of project costs for inclusion in the final design report, which will include the following c:ost items:
. Design Engineering . Construction Engineering
. Permitting . Contingency
. Environmental Mitigation . Escalation
. Construction
. to estimated construction
Not included:
Plans, Specifications and Estimates (PS&E), environmental reporting and permitting, mitigation plans and
designs, quantities and cost estimate, bidding assistance, construction administration.
Exhibit B, AG.C-230 HDR Inc. Page 10 of 10
5/3/04
~-"--'-_._-'--'-----'-"-"-"----------',-,----------- -- -----~._-
Exhibit C-2
Payment
(Cost Plus 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 all work performed or
services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicablle portion of 48
CFR 3 1.
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, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and c:lerical personnel
for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.
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 ofthis AGREEMENT, under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading ofthe AGREEMENT. The three
options are eXplained as follows:
a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading ofthis
AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate
verified by audit up to the maximum percentage shown in the space provided. Final overhead payment
when accumulated with all other actual costs shall not exceed the total maximum amount payable
shown in the heading of this AGREEMENT.
b. Fixed Rate: If this method is indicated in the heading ofthe AGREEMENT, the AGENCY agrees to
reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change
during the life of the AGREEMENT.
A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as
Exhibit D-l and by this reference made part ofthis AGREEMENT. When an Actual Cost method, or the
Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will
submit to the AGENCY within three 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 the subconsultants 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.
..- --...--
The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and
records at any time during regular business hours to determine the actual overhead rate, if they so desire.
3. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. Thes'~ charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies,
computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class
levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at
the current rate approved for AGENCY employees and shall be supported by the date and time of each trip
with origin and destination of such trips. Subsistence and lodging expenses will be reimburscd at the same
rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall
be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and
miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting
documents shall bc provided to the AGENCY upon request. All ofthe above charges must be necessary
for the services to be 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 man-months required to perform the stated scope of work. In the event
a supplemental agreement is entered into for additional work by the CONSULTANT, 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 invoices.
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, Termination of Agreement.
5. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that alr,eady defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000
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 be
replenished in a subsequent supplemental agreement. 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, which includes the
Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable do,es not include
payment for extra work as stipulated in Section XIV, "Extra Work."
-- __ '_~._m._~___'.'_'"_'"U,._______,__",__ '"'.'_._____ ..___. _
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the
calculated overhead and fee not more often than once per month during the progress of the work. Such
invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports
required under Section III, General Requirements, of this AGREEMENT. The invoices will be supported by
an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to
which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist
of recording the names, titles, 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, and other related documents which are
required to be furnished under this AGREEMENT. Acceptance of such final payment by the
CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar
to any claims that the AGENCY may have against the CONSULTANT or to any 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 that at the time of final audit, all required adjustments will br, made and
reflected in a final payment. In the event that such final audit reveals an overpayment to the
CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90)
days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment.
D. Inspection of Cost Records
The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the
AGENCY and the United States, for a period of three years after 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-year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
.- - --------------------- -.--_-0_."____......_---- -
Exhibit G
Subcontracted Work
The AGENCY penn its subcontracts for the following portions of the work of this AGREEMENT:
Geotechnical Fvaluation through Shannon and Wilson, and Geo-Tech Fxplorations ......._.
Surveying and Rase Mapping through Orion GPS ---.
Fnvironmental Screening and Analysis throue;h The Resource ('-.roup .....-........---...-
---
--.
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._~- ....
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.- .--.-....-.--.------- .._---~--".._---_._-_.~....-
Exhibit 0-1, Consultant Fee Oetennlriation Summary Sheet
Cost Plus Fixed Fee
City of Auburn HDR Engineering, Inc. Prepared by M.TerreM
BNSF Pedestrian Underpass - Hours Estimate 51312004
""
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. .
-- ~ ~ ~
t.2~IludgioI_CoIl_IDr_~ .. , . "
1712.12 '11&.110 $TlloI.12 .....
0UALlJY~8IlI1l'HCMlUAU11'eotmIOI. m . "
.2'~ ....., "~
=~ - .. M 'a m ~ " on ~ " ~ '" .
......... ......~ M""-" ......, .",m "q~ "~ ...."., .....m ..,.., 11,163.20 _1.21 1123-90
Page1of2
ExhibltD-1. Consultant Fee.[)etenniriation Summary Sheet
Cost Pius Fixed Fee
City of Auburn HDR Engineering, Inc. pf8j::tarodby: M. Terrell
BNSF Pedestrian Underpass - Houts Estimate """'"
Page2af2
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Exhibit G-l, Subconsultant Fee Determination Summary Sheet
City of Auburn Shannon and Wilson Prepared b: RJG
BNSF Pedestrian Underpass - Hours Estimate Date: 5/3/2004
TOTALS Principal Sr.Prnjed Project Engineer Lab...."'''
TASK Hours! in Charge Manager Engineer 3 Drafting Clerical T echnidan
DoIars $56,76 $41.95 $27.18 $20.75 $19.75 $18.70 $15.50
Task 4 - Geotechnical Evaluation
Collect Geotechnical Information 29 1 4 8 16
$774.00 $56.76 $167.80 $217.44 $332.00
Review Existing Data 25 1 8 16
$827.24 $56.76 $335.60 $434.88
Prepare Geotechnical Summary of Findings 72 1 14 16 22 14 5
$1,905.44 $56.76 $587.30 $434.88 $456.50 $276.50 $93.50
Attend two meetings 8 8
$335.60 $335.60
Field testing (drill holes) 34 1 24 3 9
$689.05 $41.95 $498.00 $56.10 $93.00
Field testing (test pits) 12 1 9 3
$267.20 $41.95 $166.00 $59.25
Laboratory testing 13 1 4 2 6
I $285,17 $41.95 $108.72 $41.50 $93.00
TOTAL DIRECT LABOR 159 3 36 44 46 17 5 6
$4,394.65 $170.28 $1,510.20 $1,195.92 $996.00 $335.75 $93.50 $93.00
PROJECT TOTALS DIRECT NON-LABOR COSTS'
Reproduction
Direct labor (with boring! $5,083,70 Copies $0.10 250 $25.00
Overhead (198.3%) $10,080.98 Test Pit $UbcontratOf $772.48
$15,164,68 Mileage ($0.375) $0.375 400 $150.00
FIXed Fee (10%) $1,516,47 Mal $50.00
$16,681.14 Total = $997.48
Dired Non-Labor Costs $6,950.32
Drilling Subcontractor $5,952.84
TOTAL c $23.631.4&
. Assumes any flagging or occupancy permit costs with BNSF
have been paid for under prime direct non-labor costs.
Page 1 of3
Exhibit G-l, Subconsultant Fee Determination Summary Sheet
City of Auburn Orion GPS Prepared b: Orion GPS
BNSF Pedestrian Underpass - Hours Estimate Date: 5/3/2004
TOTALS Project Survey CreW"
TASK Hours! Surveyor Surveyor
Dollars $70.00 $100.00
Task 3 - Surveying and Base Mapping
Topographic Survey 80 2. 56
$7,280.00 $1,680.00 $5,600.00
Preparation of Projecl Base Mapping 36 36
$2,520.00 $2,520.00
TOTAL DIRECT LABOR 116 60 56
$9,800.00 $4,200.00 $5,600.00
PROJECT TOTALS DIRECT NON-LABOR COSTS'
Reproduction
Direct Labor (bun1ened ra~ $9,800.00 Plans $51.50
Direct Non-Labor Costs $1,810.00 Per Diem $1.496.00
Mileage ($0.375) $0.375 700 $262.50
TOTAL- $11,610.00
Total = $1,810.00
. Assumes any flagging or occupancy permit costs with BNSF
have been paid for under prime direct non-labor costs.
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Exhibit G-l, Subconsultant Fee Determination Summary Sheet
City of Auburn The Resource Group Prepared b: tAmalo
BNSF Pedestrian Underpass - Hours Estimate Date: 5/3/2004
TOTALS Sr. Project ommunication
TASK Hours! Man_ S_
Dollats $116.00 $60.00
Task 8 . Environmental
Evaluation of Environmental Documentation Requirements 2. 2.
$2,784.00 $2,784.00
Assessment of Pennitting Requirements and Schedule Impacts . .
$464.00 $464.00
Preparation of Technical Memorandum Summarizing Findings 28 12 16
Oratr and Final $2,352.00 $1,392.00 $960.00
Meetings and Site Visits 12 12
$1,392.00 $1,392.00
Invoicing, Progress Reports, Task Management 8 8
$928.00 $928.00
TOTAL DIRECT LABOR 76 60 16
I $7,920.00 $6,960.00 $960.00
, PROJECT TOTALS DIRECT NON-LABOR COSTS
Reproduction
Direct Labor $7,920.00 Cop;es $0.10 per sheet $100.00
(Burdened Rates) Mileage ($0.375) $0.375 $250.00
Telephone I Ma~ $100.00
Direct Non-Labor Costs $450.00 Total = $450.00
TOTAl- $8,370.00
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AMENDMENT #1 TO AGREEMENT NO. AG-C-230 BETWE:EN
THE CITY OF AUBURN AND HDR ENGINEERING, INC. RELATING TO
PROJECT NO. C229A, BNSF/E VALLEY HIGHWAY PEDESTRIAN
UNDERCROSSING
THIS AMENDMENT is made and entered into this I)-e- day OC;;:~Hl~ '
2005, by and between the CITY OF AUBURN, a municipal corporation of the Sta of
Washington (hereinafter referred to as the "CITY"), and HDR ENGINEERING, Inc.,
(hereinafter referred to as the "CONSUL TANT") , as an Amendment to the Agreement
between the parties for AG-C-230 executed on the 19th day of May, 2004
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Servic:es is
extended to December 31, 2005.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original
agreement.
REMAINING TERMS UNCHANGED: That all other provisions of the Aglreement
between the parties for AG-C-230 executed on the 19th day of May, 2004, shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
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~
ter B. Lewis, Mayor
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Amendment No.1 for Agreement No. AG-C-230
HDR ENGINEERING, Inc.
Page 1 of2
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--:> ATTEST:
~~k
~
By:
Its: Danlelle E. Daskam, Auburn City Clerk
Approved as to form (Optional):
Attorney for (Other Party)
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Amendment NO.1 for Agreement No. AG-C-230
HDR ENGINEERING, Inc.
Page 2 of2
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