AG 15-177 - HDR Engineering, Inc.RETURN 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
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CITY 01
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WASHINGTON
e- Permits HOME
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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
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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
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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
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IiI DOING BUSINESS REGISTER MY BUSINESS LOOKUP BUSINESS INFORMATION
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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.
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