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AG 15-177RETURN TO: EXT: 2703 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / SWM 2. ORIGINATING STAFF PERSON: FEI TANG EXT: 2751 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT Cl SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME: S 373RD ST STREAM RE -ROUTE AND RESTORATION PRELIMINARY ASSESSMENT OF ALTERNATIVES 6. NAME OF CONTRACTOR: HDR ENGINEERING, INC. ADDRESS: 4717 97TH ST NW, GIG HARBOR, WA 98332 TELEPHONE: 253 -858 -6896 E -MAIL: GUS.GARCIA@HDRINC.COM FAX: SIGNATURE NAME: KAREN DOHER /TY TITLE: VP 7. EXHIBITS AND ATTACHMENTS: el SCOPJ, WORK OR SERVICES eI COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS M PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 8. TERM: COMMENCEMENT DATE:y 5i' COMPLETION DATE: 9. TOTAL COMPENSATION: $22,5171.217 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 862.00 IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR. 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW Opl' AOJECT MANAGER t" ll�VISION MANAGER VD PUTY DIRECTOR IRECTOR ❑ K MANAGEMENT (IF APPLICABLE) i %iD VLAW DEPT-711101 INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING (�j� 13 SENT TO VENDOR/CONTRACTOR DATE SENT: % 3 ar b 1`� DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS qj3 k'LAW DEPT ❑ CHIEF OF ST *jAssIGNEDAG# SIGNATOR AYO ) 'l l ITY CLERK IGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: IAL / DATE SIGNED qf A G 115- ,'}+- --- DATE SENT: Rl /5 // S 1115 ` Fe d e ra I Way CITY OF CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 / (253) 835 -7000 www cltyoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR SOUTH 373RD STREET STREAM RE -ROUTE AND RESTORATION PRELIMINARY ASSESSMENT OF ALTERNATIVES This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and HDR Engineering, Inc., a Nebraska corporation ( "Contractor"). The City and Contractor (together "Parties ") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: HDR Engineering, Inc. CITY OF FEDERAL WAY: Gus Garcia, Transportation Manager /Local Agency Lead I Fei Tang, P.E. 4717 97th St NW 33325 8th Avenue South Gig Harbor, WA 98332 Federal Way, WA 98003 -6325 (253) 858 -6896 (telephone) (253) 835 -2751 (telephone) Gus.Garcia @hdrinc.com (253) 835 -2709 (facsimile) Fei.tang(nD,cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than forty -five (45) working days after the date of Notice to Proceed ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ( "Services "), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor represents that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way. WA 98003 -6325 (253) 835 -7000 vvww cityoffederahray com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, and hold the City, its elected officials, officers, employees, agents, representatives, and insurers, harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, reasonable attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; to the extent caused by the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall require that each sub- contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, and insurers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2015 ` CITY OF CITY HALL AN Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 �..� (253) 835 -7000 www cityoffederatway com follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non - owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain such coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services with the exception of those standard details and specifications regularly used by the Contractor in its normal course of business shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. Any reuse or modification of such documents for purposes other than those intended by the Contractor in its Scope of Services shall be at the City's sole risk and without liability to the contractor herein. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or PROFESSIONAL SERVICES AGREEMENT -3 - 1/2015 ` CITY OF CITY HALL Fe d e ra 1 Way 33325 8th Avenue South AO Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not. be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way (253) 835 -7000 www cityoffederaMay com 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon .occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederahmy com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim F7"ayoK DATE: r h5 HDR Engineering, Inc. By: 0� �'td Printed Name: Karen Dohert Title: Vice President DATE: (? /� 5 STATE OF WASHINGTON) ) ss. COUNTY OF ?i erre ) ATTEST: wkv�" - Uderk, Stephanie Court ey CMC APPROVED AS TO FORM: for City Attorney, Amy Jo Pearsall On this day personally appeared before me Karen Dohertyy, to me known to be the _Vice President_ of HDR Engineering, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 2- day of R"Os,t , 2015. Notary's signature otary's printed name 5 hckrL t r-VC. k WIA I-, &'r- Notary Public Notary Public in and for the State of Washington. state of Washington My commission expires 4 - 1-1 —2y1 SHARI NEUENSCfiWANDER My Appointment Expires Apr 17, 2018 PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com EXHIBIT A SCOPE OF SERVICES South 373rd Street Stream Re -route and Restoration Preliminary Assessment of Alternatives This scope of services outlines the tasks and services anticipated by HDR to conduct a screening level assessment of stream restoration alternatives for the Hylebos Creek Habitat Enhancement project. The results of the assessment will be submitted to the City for review and are to be used by the City of Federal Way ( "City ") to evaluate potential benefits possible selection of preferred alternative(s) which can be evaluated further as part of the next phase of work. It is anticipated that alternative development will be performed in the field with City staff as well as through option development by our design team. Alternatives will be evaluated on a qualitative basis using a matrix assessment. The matrix table will compare each of the alternatives relative to several evaluation factors such as relative capital cost, level of O &M effort, habitat and fisheries benefit, water quality benefit, and permitting requirements. Upon completion of the matrix assessment, a draft letter report will be developed that will summarize the methods and results of the initial screening assessment. The draft letter report will be sent to the City for review. After receipt of any comments the City may have, HDR will finalize the letter report and make recommendations for further evaluation. HDR anticipates that alternative development and selection of a preferred alternative will require some level of stakeholder coordination and input from the City. To facilitate the transfer of information with these entities HDR has included two separate meetings to be held at the City of Federal Way. The meetings are to be coordinated by the City at a time and place that is appropriate to maintain workflow of the project. To accomplish the objectives of this project, HDR will provide the services outlined in the following 5 tasks: Task 1 — Obtain and Review Background Related Information The intent of this task is to obtain and review readily available information provided by the City as well as data available through other public resources. Information gathered as part of this task will be used by the HDR team to understand the project context and get familiar with the physical and biological setting of the project. As part of this task, HDR will provide the following services: • Obtain and review information provided by the City which is anticipated to include but not be limited to: GIS layers describing local stormwater facilities and property boundaries, any electronic survey data reflecting existing conditions, as -built drawings for the WSDOT restoration project, aerial photographs, water quality data, FEMA floodplain data, and hydrologic data or models; and • Identify and document data gaps which will need to be addressed in future phases of work. Assumptions: • The City will provide data in a usable electronic format within two weeks of Notice to Proceed. PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 CITY OF Wa A�k y Deliverables: CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com • Pertinent narratives, figures, charts, graphs, and maps describing current physical and biological factors which define existing conditions and influence the formulation of potential alternatives will be incorporated into the Draft Letter Report summarized in Task 4. Task 2 — Perform Site Reconnaissance Three members from the HDR team will attend a one -day site visit at the proposed project location. The intent of this site visit will be to observe existing conditions and familiarize themselves with site specific features. Additional data collection and sampling may occur during the site visit to fill data gaps to the extent possible. Services performed as part of this task are anticipated to include: • Travel to and from the proposed project site for an anticipated four -hour site visit; • Photo documentation of existing conditions and development of a photo log; • Documentation of desirable habitat conditions and examination of available space; • Measurement of flow and velocities if sufficient flow conditions exist; • Speculation and preliminary development of enhancement options and alternatives; and • Discussion of preliminary evaluation criteria and project expectations. Assumptions. At least one member from the City will attend site reconnaissance with the HDR field team. All access and permissions to the site will be coordinated by the City. Deliverables: • Electronic copy of meeting notes and photograph log documenting the results of the site visit with the City Task 3 — Perform field Sampling of Hidden Lake The presence or absence of predatory species in the existing Hidden Lake will influence consideration for its use as a hydraulically connected habitat feature. The intent of this task is to perform additional field sampling in the existing pond to determine the presence /absence of piscivorous fish species. As part of this task, HDR will perform the following tasks: • Perform electroshocking and line sampling methods to observe the presence of existing fish species in Hidden Lake; and • Prepare additional narratives, photos, and figures to be incorporated into the Draft Letter Report. Assumptions: • HDR's fisheries biologist will perform sampling activities for up to four hours. • All access and permissions to the site will be coordinated by the City. Deliverables: • Narratives, photos, and figures to be incorporated into the Draft Letter Report prepared as part of Task 4. Task 4 — Prepare a Draft and Final Letter Report The intent of this task is to document the results of a screening level assessment of alternatives which are formulated to enhance aquatic habitat at the project location. It is anticipated that HDR will perform the following services as part of this task: PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com • Develop narratives and figures which illustrate the major elements of up to five potential alternatives, including removal and fill of the existing bridge on South 373rd Street; • Conduct an initial screening of the concept level alternatives using the evaluation factors and rating method discussed with the City; • Develop a draft letter report that summarizes the methods and results of the initial screening assessment; • Submit a Draft Letter report to the City for review and comment; • Incorporate comments received by the City and finalize the letter report. Assumptions: • The level of effort expected for this task is commensurate with a 30 page document inclusive of figures, tables, and narratives. • All figures representing proposed alternative concepts will be prepared to a general conceptual level. • Within 10 days after submittal of the Draft Letter Report, the City will provide a single consolidated set of comments to HDR for incorporation into the Final Letter Report. • Upon direction from the City, HDR will develop an additional scope of services and fee to initiate further evaluation and development of preferred alternatives as needed. Deliverables: Electronic copy of Draft Letter Report and evaluation matrix; and Electronic copy of Final Letter Report and evaluation matrix. Task 5 — General Coordination Meetings The intent of this task is to facilitate communication and transfer of information between the City and HDR project team. As part of this task HDR will provide the following services: Up to two members of the HDR team will attend two (2) general meetings at the City's office to discuss progress, project related details, or other pertinent topics. It is assumed that one possible meeting would be conducted to review comments on the Draft Letter Report. Perform general impromptu coordination as needed throughout the course of the project. These impromptu meetings are anticipated to include discussions with the City as well as up to two (2) HDR team members of mixed disciplines. Assumptions: • Each general meeting will include travel and expenses for the HDR team members to attend two (2), two (2) hour meetings at the City's office. • Other general coordination is assumed to occur via telephone for a budgetary estimate of up to 12 hours distributed among various disciplines. • General coordination is anticipated to occur via conference call or online meeting facilitated by HDR. • Participation and communication with other project stakeholders will be coordinated by the City. Deliverables: • Summary meeting minutes in an electronic format. PROFESSIONAL SERVICES AGREEMENT - 9 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty Two Thousand Five Hundred Seventeen and 27/100 Dollars ($22,517.27). The fee estimate was prepared by HDR Engineering, Inc. and is included in the Table below. This is based on the estimated hours by task/subtask for HDR Engineering, Inc. and subconsultant staff using their hourly labor charge rate schedule. 2. Fee Esitmate Task No. Task Labor Expenses Total 1 Obtain and Review Background Materials 4,325.21 119.65 $4,444.86 2 Perform Site Reconnaissance 2,898.44 188.55 $3,086.99 3 Field Sampling 2,533.63 185.10 $2,718.73 4 Prepare Draft and Final Letter Report 9,028.50 250.90 $9,279.40 5 General Coordination Meetings 2,869.48 117.80 $2,987.28 Total $22,517.27 Method of Compensation: Hourly rate. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Rate Schedule Position Classification Fully Burdened Rates Minimum Maximum Project Principal $250.00 $290.00 Sr Project Manager $160.00 $230.00 Project Manager $120.00 $170.00 Structural Engineer $140.00 $200.00 Sr Restoration Engineer $140.00 $190.00 Restoration Engineer $90.00 $140.00 Sr Design Engineer $140.00 $190.00 Design Engineer $110.00 $130.00 Sr En ineerin g Technician $110.00 $140.00 CAD Designer $80.00 $110.00 Sr Environmental Specialist $160.00 $210.00 Environmental Specialist $130.00 $160.00 Biologist $110.00 $140.00 Project Assistant $60.00 $90.00 Project Controller $90.00 $130.00 Reimbursable Expenses. The actual customary and incidental expenses incurred by Contractor in performing the Services and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Eight Hundred Sixty -Two and no /100 Dollars ($862.00). PROFESSIONAL SERVICES AGREEMENT - 10 - 1/2015 t✓/1hi1V1+ C 1 ACOR D® �, CERTIFICATE OF LIABILITY INSURANCE 6/1/2016 DATE (MM /DD/YYYY) 1 8/5/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 (816) 960 -9000 CONTACT NAME: A/c No Ext : A/C No): E -MAIL ADDRESS: X COMMERCIAL GENERAL LIABILITY Y INSURER AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 EACH OCCURRENCE INSURED HDR ENGINEERING, INC. 1012100 8404 INDIAN HILLS DRIVE OMAHA NE 68114 -4049 INSURER B: Travelers Property Casualty Co of America 25674 INSURER c: American Zurich Insurance Company 40142 INSURER D: Lexington Insurance Cornpany 19437 INSURER E: INSURER F: CONTRACTUAL LIAB COVERAGEg HDRIN01 CERTIFICATE NUMBER: 13605987 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 37CSEQUO950 6/1/2015 6/1/2016 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 1 000 000 CLAIMS -MADE OCCUR CONTRACTUAL LIAB X MED EXP (Any one person) 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN -L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY r-_1 JECT X❑ LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER A A A AUTOMOBILE LIABILITY ANY AUTO AUTOS NOD AUTOS N N 37CSEQUO951 (AOS) 37CSEQUO952(HI) 37CSEQU1160 ((((MA) 6/1/2015 6/1/2015 6/1/2015 6/1/2016 6/1/2016 6/1/2016 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXX}{} xx X PROPERTY DAMAGE Per accident $XXXXXXX NON OWNED HIRED AUTOS X AUTOS $XXXXXXX B X UMBRELLA LIAB X OCCUR N N ZUP- IOR64084 -15 -NF 6/1/2015 6/1/2016 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE (EXCLUDES PROF. LIAB) AGGREGATE $ 11000,000 DED I I RETENTION $ $ XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER/ EXECUTIVE OFFICER /MEMBER EXCLUDED9 (Mandatory in NH( N/A Y 0381127 7/1/2015 7/1/2016 X 11 STATUTE FIR E.L. EACH ACCIDENT $ 1 000 000 E . DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below __ __ __ _ __ __ _ 061853691 F I.. DIF.FASE - POLICY LIMIT 1 0� nn `l \l. \I `l D ARCHS & ENGS PROFESSIONAL N N ___ 6/1/2015 _ 6/1/2016 PER CLAIM: $1,000,000. AGG: $2,000,000. LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) S 373RD STREET STREAM RE -ROUTE AND RESTORATION PRELIMINARY ASSESSMENT OF ALTERNATIVES. THE CITY OF FEDERAL WAY IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON - CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. STOP -GAP COVERAGE APPLIES. 13605987 CITY OF FEDERAL WAY ATTN: FEI TANG 33325 8TH AVENUE SOUTH FEDERAL WAY WA 98003 -6325 ccnRn 9r, ron14in1i V HIY I,CLLM 1 rVr\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -11-11 -1' � n1_ RR -2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Corporations: Registration Detail HDR ENGINEERING, INC UBI Number 601021437 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation NE WA Filing Date 06/21/1985 Expiration Date 06/30/2016 Inactive Date Secretary Duration Perpetual Registered Agent Information Agent Name CT CORPORATION SYSTEM Address 505 UNION AVE SE STE120 city OLYMPIA State WA ZIP 98501 Special Address Information 3867 S 175TH AVE Address City State Zip GoverPIR1g Persom Title Name Address Chairman ,Director LITTLE, GEORGE A 112 S 92ND STREET OMAHA, NE 68114 President, Director KEEN, ERIC 3867 S 175TH AVE OMAHA, NE 68130 Secretary PACHMAN , LOUIS J 5008 CHICAGO ST OMAHA, NE 68132 Treasurer HARTNETT, CHAD M 17407 CADY CIR OMAHA, NE 68116 Vice President CONNOLLY, TIMOTHY) 17908 PINE STREET OMAHA, NE 68130 Vice President DOHERTY , KAREN 4175 129TH PLACE SE #C204 BELLEVUE , WA 98006 https://www.sos.wa.gov/corps/search—detaii.aspx?ubi=601021437 Page 1 of 1 7/15/2015 CSDC eNtraprise - City of Federal Way's Online Services CITY 01 Federal Way WASHINGTON e- Permits HOME • Terms ft Conditions PUBLIC INFORMATION • Locate a Business ■ Permits Information • Issued Permits • Contractor Search REGISTERED USERS • Apply for Permit • View My Permits ■ Request Inspection ■ New Registration ■ Update Registration • Login ID Reference File Description Name 02 101183 000 00 Business BL Registration Number Pre. Street 500 108TH Dew. Ong. Name Applicant HDR ENGINEERING INC. Business Owner HDR ENGINEERING INC. Mailing Address HDR ENGINEERING INC. Info. Dew. Business Ownership Type S.I.C. Code Gambling on Premises? Liquor Served on Premises? Number of Full -Time Employees in City Business Phone Number Number of Part -Time Employees in City Date Business To Start in FW Page 1 of 1 W M DA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal Way /public /public_£.. 7/15/2015 Online Permitting PERMIT /BUSINESS DETAILS Sub Type Work Application Status Expiration Issue Date Type Date Date Non - Resident Other HDR ENGINEERING Open Mar 20, 2002 Mar 25, Dec 31, 2015 2002 Business INC. Fee Amount Balance PROPERTY DETAILS Street Dir Suite Suite City State Zip Legal Dew Type Type Number $50.00 AVE NE SUITE 1200 BELLEVUE WA 98004 LIC -BUS. LICENSE RENEWAL (1532) PEOPLE DETAILS Address City State Zip Phone# 8404 INDIAN HILLS OR OMAHA NE 68114 (425)453 -1523 e 841341 INDIAN HILLS DR OMAHA NE 68114 (425)453 -1523 e 8404 INDIAN HILLS DR OMAHA NE 68114 (425)453 -1523 e BUSINESS INFO $25.00 Value LIC -BUS. LICENSE RENEWAL (1532) Corporation 8710 - Engineering /Architectural 6, Survey Services NO $0.00 NO 5 4254531523 $50.00 0 LIC -BUS. LICENSE RENEWAL (1532) M DA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal Way /public /public_£.. 7/15/2015 PERMIT /LICENSE FEE(S) Fee Dew. Fee Amount Balance LIC- BUSINESS LIC.(1530) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $25.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $25.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 50.00 PROCESSES AND NOTES Process Description Status Schedule Date Start Date End Date Assigned Staff Attempts Stephanie Courtney (253 -835- 0 Application Received - BL Closed Mar 20, 2002 Mar 20, 2002 Jan 14, 2009 2543) Stephanie Courtney (253 -835- 0 Application Routing Closed Mar 20, 2002 Mar 20, 2002 Mar 20, 2002 2543) Planning Review Approved Mar 20, 2002 Mar 20, 2002 Mar 20, 2002 Cathleen Rossick (253 -835 -2527) 0 Renewal Notice Closed Nov 18, 2002 Dec 19, 2002 Dec 30, 2010 Cathleen Rossick (253 -835 -2527) 0 Stephanie Courtney (253 -835- 0 Pre - Issuance Processing L 4 Closed Mar 20, 2002 Mar 25, 2002 Mar 25, 2002 2543) Renewal Processing Completed Closed Dec 19, 2002 Dec 19, 2002 Dec 30, 2010 Cathleen Rossick (253 -835 -25271 0 M DA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal Way /public /public_£.. 7/15/2015 Department of Revenue 'Wa hirgtorl Stote Home File & pay taxes Doing business Business types Register my business My account Audits Find taxes & rates Workshops & education Get a form or publication Find a law or rule We need your help. Take a 30 sec survey Help us improve! I� Page 1 of 1 ABOUT US I CONTACT US Ifton Espanol regi;le_r ,cry IiI DOING BUSINESS REGISTER MY BUSINESS LOOKUP BUSINESS INFORMATION Back to search results If "Non- revenue" appears after Tax Registration Number, the account is not registered with the Department of Revenue. However, it may be registered with other agencies in the state. X Washington State Department of Revenue State Business Records Database Detail TAX REGISTRATION NO: 601021437 ACCOUNT OPENED:5/11198712:00:OO AM UBI: 601021437 ACCOUNT CLOSED: OPEN ENTITY NAME: HDR ENGINEERING INC BUSINESS NAME : HOR PHAROS MAILING ADDRESS: BUSINESS LOCATION: 8404 INDIAN HILLS OR 1100 EASTLAKE AVE E OMAHA, NE 68114 -4049 SEATTLE, WA 98109 -4408 ENTITY TYPE: CORPORATION RESELLER PERMIT NO: N/A PERMIT EFFECTIVE; N/A NAICS CODE: 541330 PERMIT EXPIRES: N/A NAICS DEFINITION ENGINEERING SERVICES FOR NON - COMMERCIAL USE ONLY PM If you are unable to find the reseller permit you are looking for, try searching by tax registration /UBI number. CONTACT US 1 ABOUT US 1QUESTIONS & ANSWERS 1 PRINTER FRIENDLY 1 CAREERS 0 yo Espanol I PyccKUU 1 119 1 Tagalog I rang Vibl I ,kV % Access Washingbon. .:! Your Privacy 1 ®2010 WASHINGTON STATE DEPARTMENT OF REVENUE AND ITS LICENSORS ALL RIGHTS RESERVED. Voter faglallaliOn a3313laRCa (SECRETARY OF STATE) http: / /dor.wa.gov/ content / doingbusiness / registermybusiness /brd /default.aspx 7/15/2015