HomeMy WebLinkAbout5849Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
HDR Engineering, Inc.
Address
Federal Aid Number
929 108th Ave NE, Suite 1300, Bellevue, WA, 98004
Preparation and Delivery of Electronic Engineering and Other Data
UBI Number
Federal TIN or SSN Number
601 021 437
47-0680568
Execution Date
Completion Date
Exhibit G
October 31, 2018
1099 Form Required
Federal Participation
❑ Yes ❑i No
❑i Yes ❑ No
Project Title
Innovative Safety Project Engineering Services During Construction
Description of Work
Engineering services during construction for the West Belfair Valley Road and Tracyton Beach Road
Innovative Safety Project to include: RFI response, plan changes, construction progress meetings, and submittal
review services.
❑ Yes ❑i No DBE Participation
Total Amount Authorized: $10,000.00
❑ Yes ❑ No MBE Participation
Management Reserve Fund: $0.00
❑ Yes ❑ No WBE Participation
❑ Yes ❑ No SBE Participation
Maximum Amount Payable: $10,000.00
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation/SBE Plan
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
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Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Agreement Number:
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THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Bremerton
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is
voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Shane Weber
Agency: City of Bremerton Public Works & Utilitie
Address: 100 Oyster Bay Ave. N
City: Bremerton State: WA Zip: 98312
Email: Shane.Weber@ci.bremerton.wa.us
Phone: (360) 473-2354
Facsimile: (360) 473-5398
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Mason Skinner
Agency: HDR Engineering, Inc.
Address: 929 108th Ave NE, Suite 1300,
City: Bellevue State: WA Zip: 98004
Email: mason.skinner@hdrinc.com
Phone: (360) 570-4428
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and `B" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and `B" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) . 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/orAGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Shane Weber
Agency: City of Bremerton Public Works & Utilities
Address: 100 Oyster Bay Ave. N
City: Bremerton State: WA Zip: 98312
Email: Shane. Weber@ ci.bremerton.wa.us
Phone: (360) 473-2354
Facsimile: (360) 473-5398
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
pc1w11a1 ucv1ccw uxu vy L1lG 1-Ul-43Ut,Lt IN L or ally SLto-conSultanL al. nome.
"Native files" are a subset of ES[ and refer to the electronic fon-nat of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGRFFMFNT.
4.
Signature
Signature
Date
5%3v / IQ)
Date
Any modocation, change, or reforrnation of this AGREEMENT shall requir-c apliroval as to form by the Office
of the Attorney General.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
--....--J 441-/1-1
See attached Exhibit A
Exhibit
Scope of Work
Project No.
Agreement Number:
Exhibit A -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1
Innovative Safety Project Engineering Support Services During Construction
City of Bremerton
Scope of Services
May 4, 2018
Overview
HDR to provide Engineering Support Services During Construction for the Innovative Safety
project. The project began construction April, 2018 and is anticipated to continue through June
2018.
Task 1 Project Management
A. Progress Reports and Invoicing
CONSULTANT shall be responsible for preparation of a final invoice.
B. Project Management Plan/Quality Management Plan/Health and Safety Plan
CONSULTANT shall prepare a project management plan, which will include a quality
management plan and a health and safety plan. The project management plan shall detail
all aspects of the project including management of communication, quality control,
standards, schedule, and other aspects of the project.
Task 2 Engineering Support During Construction
The engineering support services during construction include, but not limited to, the following
work items:
A. Site and Regular Contractor Meetings:
Upon request by the City, the CONSULTANT shall attend regular contractor meetings and
other site visits to provide engineering support, when needed. The CONSULTANT shall
prepare meeting agendas and meeting minutes, when requested by the CITY.
Assumes one (1), 1 -hour meeting in Bremerton with two (2) CONSULTANT staff attending.
B. Request for Information (RFI)
The CONSULTANT shall provide responses to contractor's RFI's in a timely manner.
Generally, the CITY will need RFI responses within 2 business days of the request, however
more or less time may be allocated on a specific issue.
• Assumes responses to four (4) RFI's requiring one half (0.5) hours each.
• Assumes responses to RFI's are due to the CITY within 3 business days from the request.
Additional time for review will be determined by the CITY if requested for a specific
issue. A request shall be submitted by the CONSULTANT within 24 hrs of receiving the
RFI.
C. Constructability Issues/Plan Clarifications/Plan Revisions
The CONSULTANT shall provide input and guidance on constructability issues during
construction. This includes on-site visits, design revisions based on field conditions or
suggested plan changes by CITY staff. The CITY will provide a minimum of 24 hours for the
CONSULTANT to respond with a recommended course of action. The CITY and
CONSULTANT shall discuss and concur on the time required to complete the design revision.
For plan clarifications, the CONSULTANT shall respond within 24 hours, or other timeframe
agreed by both the CITY and CONSULTANT. All plan clarification requests from the
CONTRACTOR shall be in written format.
1. Guardrail redesign on West Belfair Valley Road
CONSULTANT shall redesign the guardrail alignment to avoid underground utility
conflicts identified by the Contractor during pothole investigations. CONSULTANT
shall prepare signed and sealed construction plans to be included in a construction
contract change order.
• Assumes seven (7) plan sheets at 20 -scale
• With revised bid quantities associated with the work
• CITY shall provide pothole locations
• CONSULTANT and CITY agree that plan sheets shall be delivered to the CITY
by May 10, 2018.
• Assumes one (1) site visit of one (1) consultant staff
D. Approval of Shop Drawings/Submittals
The CONSULTANT shall review shop drawings and/or proposals for substitution of materials
and procedures as submitted by the contractor for conformance with the project
requirements and intent. The CONSULTANT shall provide the reviews and/or approvals
within 5 business days, or as agreed to by both the CITY and CONSULTANT.
Assumes review of four (4) submittals requiring one (1) hour each to review.
Deliverables
• Invoices with Work Report Summary
• Attend meetings and produce meeting minutes and agendas
• Technical Memorandum Response to RFI
• Technical Memorandum addressing constructability Issues or design revisions and
approvals of Shop Drawings signed and stamped by a Professional Engineer
• Revised plan sheets for use in field change directives or contract change orders in
electronic pdf format.
All work submitted to the CITY shall be documented in a transmittal letter. Backup
calculations shall be made available upon request by the CITY.
N/A
Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11101/2017 Page 1 of 1
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
AutoCAD/Civil 3D
B. Roadway Design Files
AutoCAD/Civil 3D
C. Computer Aided Drafting Files
AutoCAD/Civil 3D
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11101/2017 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
The Agency retains ownership of all electronic files created.
E. Specify the Electronic Deliverables to Be Provided to the Agency
-Meeting agendas and meeting summary (pdf)
- Plans (pdf)
- Specifications (pdf & Word)
- Engineer's Opinion of Probable Construction Cost (pdf & Excel)
- Including revised bid quantities
F. Specify What Agency Furnished Services and Information Is to Be Provided
-Pothole utility data (pdf)
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 4
Il. Any Other Electronic Files to Be Provided
As deemed necessary by agreement of the Agency and Consultant
III. Methods to Electronically Exchange Data
FTP and Email
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 3 of 4
A. Agency Software Suite
AutoCAD v. 2015
B. Electronic Messaging System
C. File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/0112017 Page 4 of 4
See Attachment D-1
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11101/2017 Page 1 of 1
City of Bremerton: City of Bremerton - Innovative Safety ESDC
From'A m., Bud—t" Tab I From "Exoenses" Tab
Task #
Task Description
Billable Labor
Billable Expenses
Total From
Total ForSpreadsheet Proposal
1
Task 01 Project Management
$ 2,384.96
$ -
$2,384.96
2
Task 02 Engineering Support During Construction
$ 7,482.24
$ 82.79
$7,565.03
$9,949.99
Escalation $0.00 $0.00
$9,949.99 $0.00
c:\pwworking\nat\d0144889\180503_Cityof3remerton_Innovative Safety ESDC_ ESTIMATE.Asm Page 1
LABOR ESTIMATE, HDR ENGINEERING STAFF
City of Bremerton: City of Bremerton - Innovative Safety ESDC
Project Role
Task 01 Project Management
1.1 Proect Setu
1 5
0 0 0 12
2
18 $
2
2,384.96
240.94
a
1 1
m
4
576.42
'
m
o
150.96
1.4 Invoicing Status Re ortin EV WorkPlan
2
6
8
1024.74
1.5 Subconsultant Management
0
1.6 Project Closeout
1
2
3
391.90
N
O
�
F
m
Pringpal In Charge
Project Manager
duality Control
EIT Transportation
CADD Technician
Project Controller
c
H
Task 01 Project Management
1.1 Proect Setu
1 5
0 0 0 12
2
18 $
2
2,384.96
240.94
1.2 Pro'ect M mt Plan Qualit M mt Plan HASP
1 1
2
4
576.42
1.3 Coordination and Monitoring
1
1
150.96
1.4 Invoicing Status Re ortin EV WorkPlan
2
6
8
1024.74
1.5 Subconsultant Management
0
1.6 Project Closeout
1
2
3
391.90
2 Task 02 Engineering Support Daring Construction 0 22 4 16 16 0 1 58 is 7,482.24
EXPENSES
City of Bremerton: City of Bremerton - Innovative Safety ESDC
Miscellaneous Expenses Cost per Unit
Qty
Expense Summary
Task 01 Project Management
Task 02 Engineering Support During
Construction
OTHER DIRECT COSTS (Enter Cost per Unit (Column C) and then qty for each Task)
0
$0.00
0 $o.00
0 $0.00
$0.00
General Travel Expenses non-government
rates (These per unit costs are placeholders only. Use actual
costs or client approved per diem
rates.)
$0.00
Cost per Unit
Qty
Total
Qty
Task Total
Qty
Task Total
Air Fare round tri
$500.00
0
$0.00
0
$0.00
0
$0.00
Airport Parking/day Parking/day
$20.00
0
$0.00
0
$0.00
0
$0.00
Car Rental/week
$275.00
0
$0.00
0
$0.00
0
$0.00
Truck Rental/mo. includes gas+mileage) 1500.00
0
$0.00
0
$0.00
0
$0.00
Lodging/day
$159.00
0
$0.00
0
$0.00
0
$0.00
Meals/day
$71.00
0
$0.00
0
1 $0.00
0
$0.00
Gas/ al
$1499
$0.00
0
$0.00
0
$0.00
HDR Owned Vehicle Mileage/mile
$0.750
0
$0.00
0
$0.00
0
$0.00
POV Mileage/mile
$0.545
122
$66.49
0
$0.00
122
$66.49
Per Diem Travel (Look up rates at GSA Website link belowl
GSA WEBSITE City/County Cost per Unit
Days
Total
Days
Task Total
Days
Task Total
Per Diem Lodging
0
$0.00
0
$0.00
0
$0.00
Per Diem -Meals 0
0
$0.00
0
$0.00
0
$0.00
75% Per Diem -Meals 0
0
$0.00
0
$0.00
0
$0.00
Tolls
$5.00
0
$0.00
0
$0.00
0
$0.00
TRAVEL EXPENSES TOTAL
$66.49
$0.00
$66.49
Field Eguipment (Contact rental company for actual rates)
Cost per Unit
Qty
Total
Qty
Task Total
Qty
Task Total
FIELD EQUIPMENT TOTAL
$0.00
$O.00
$0.00
Office Expenses
Cost per Unit
qty
Total
Qty
Task Total
Qty
Task Total
Tech Fees billed per labor hour
$3.70
0
$0.00
0
$0.00
0
$0.00
Copies/Page 8.5x11 B&W
$0.05
20
$1.00
0
$0.00
20
$1.00
Copies/Page 8.5x11 Color
$0.45
10
$4.50
0
$0.00
10
$4.50
Copies/Page 11x17 B&W
$0.09
20
$1.80
0
$0.00
20
$1.80
Copies/Page 11x17 Color
$0.90
10
$9.00
0
$0.00
10
$9.00
Bond Plots - B&W(per sq. ft.
0.14
0
$0.00
0
$0.00
0
$0.00
Bond Plots - Color(per sq. ft.
$0.90
0
$0.00
0
$0.00
0
$0.00
Express Mail
$25.00
0
$0.00
0
$0.00
0
$0.00
CD - 1st CD $20 each add.Copy$10
$20.00
0
$0.00
0
$0.00
0
$0.00
Conference Calling - per min per line
$0.05
0
$0.00
0
$0.00
0
$0.00
Office Supplies-Msc. (binders etc)
$25.00
0
$0.00 1
0
$0.00
0
$0.00
OFFICE SUPPLIES TOTAL
$16.30
1
$0.00
$16.30
Miscellaneous Expenses Cost per Unit
Qty
Total
qty TaskTotai
qty Task Total
$0.00
0
$0.00
0 $o.00
0 $0.00
$0.00
0
$0.00
0 $0.00
0 $0.00
$0.00
0
$0.00
0 $0.00
0 1 $0.00
MISCELLANEOUS EXPENSES TOTAL
$0.00
$0.00
$0.00
$0.00
Contingency Budget for Expenses (estimated as a % of Labor) Qty Qty I Task Total qty Task Total
Enter percentage of labor to calculate Expense Budg. 0.00%1 1 $0.00 $0.00
CONTINGENCY BUDGET FOR EXPENSES TOTAL 1 $0.00 1 $0.00 1 $0.00
TOTAL - OTHER DIRECT COSTS
$82.79
$0.00
$82.79
ODC Markup (markup is entered on Proiect Info tab
0% $0.00
0% $0.00
0% 1 $0.00
TOTAL - OTHER DIRECT COSTS + MARKUP
$82.79
$0.00
$82.79
SUBCONSULTANTS (Enter Sub budget for each Task. Substantiate with Subconsultant's Proposal or Quote for Services)
Subcontracts Total
$0.00
$0.00
$0.00
Markup on Subs(markup is entered on Project Info tab
$0.00
0% $0.00
0% 1 $0.00
Total Subcontracts + Markup
$0.00
$0.00
$0.00
Total Expenses (ODCs + Subcontractors + Markups)
$82.79
$0.00
$82.79
Aft
Washington State Transportation Building
M,% Department of Transportation 310 Maple Park Avenue S. E,
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
May 7, 2018
HDR Engineering, Inc.
8404 Indian Hills Drive
Omaha, NE 68114
Subject: Acceptance FYE 2017 ICR — Cognizant Review
Dear Mr. Joe Cox:
We have accepted your firms FYE 2017 Indirect Cost Rate (ICR) of 150.33% of direct
labor for contracts in effect prior to June 24, 2014 (rate includes 0.398% Facilities
Capital Cost of Money) and 149.31 % for contracts awarded on or after June 24, 2014
(rate includes 0.398% Facilities Capital Cost of Money) based on the "Cognizant
Review" from The Nebraska Department of Roads (NDOR). This rate will be applicable
for WSDOT Agreements and Local Agency Contracts in Washington only. This rate
may be subject to additional review if considered necessary by WSDOT. Your ICR must
be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
Any other entity contracting with your firm is responsible for determining the
acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates @ wsdot.wa.g_ov.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance TCR Cognizant Review
HDR ENGINEERING, INC.
ACTUALS NOT TO EXCEED TABLE
City of Bremerton - Innovative Safety Project ESDC
Labor Categories
Overhead Fixed Fee/Profit Loaded Labor Rates
149.3100% X DSC 30.0% X DSC (Direct + OH + FF)
NTE NTE NTE NTE
Employee Classification Hourly Hourly Houdv Hourly
2017
lob Code Description of Job Code
ACT01
Accounting Asst
ACT02
Accounting Asst Sr
ACT03
Accountant
ACT04
Accountant Sr
ACT05
Accounting Business Manager
ACT06
Assistant Area Controller
ACT07
Area Controller
ACT10
Controller Regional
ACT11
Controller Company
ACT20
Financial Analyst
ACT21
Financial Analyst Sr
ADM01
ReceptionistClerk
ADM02
Admin Asst Word Processor
ADM03
Exec SecCoordinator
ADM04
Clerk
ADM10
Administrator
ADM11
Administrator Sr
ADM20
Administrative Office Mgr.
ARC09
Architectural Coordinator 1
ARC10
Architectural Coordinator 2
ARC12
Architectural Coordinator 3
ARC20
Architect Project
ARC21
Architect Project Design
ARC30
Architect, Sr Project
AUD40
Lead Internal Auditor
CAR02
CADDTechnician Arch 2
CAR03
CADDTechnician Arch 3
CAR04
CADDTechnician Arch 4
CC101
CADDTechnician Civil 1
CC102
CADDTechnician Civil 2
CC103
CADDTechnician Civil 3
CC104
CADDTechnician Civil 4
CEL01
CADDTechnician Electrical 1
CEL02
CADDTechnician Electrical 2
CEL03
CADDTechnician Electrical 3
CEL04
CADDTechnician Electrical 4
CEN10
Engineer Cost 1
CEN20
Engineer Cost 2
CES10
Estimator 1
CES20
Estimator 2
CGE01
CADDTechnician General 1
CGE02
CADDTechnician General 2
CGE03
CADDTechnician General 3
CGE04
CADDTechnician General 4
CIN10
Construction Inspector 1
CIN20
Construction Inspector 2
CME02
CADDTechnician Mechanical 2
CME03
CADDTechnician Mechanical 3
CME04
CADDTechnician Mechanical
CMG10
Construction Manager 1
CMG20
Construction Manager 2
CON10
Contract Administrator 1
CON20
Contract Administrator 2
COR01
Public Relations Mgr
COR03
Public Relation/Prom Mkt Coord
CPR10
Resident Project Rep 1
CPR20
Resident Project Rep 2
CST01
CADDTechnician Structural 1
CST02
CADDTechnician Structural 2
CST03
CADDTechnician Structural 3
CST04
CADDTechnician Structural 4
EBR10
EIT Bridge
EBR20
Engineer Bridge
EBR30
Engineer Bridge Sr
ECH10
ET Chemical
ECH2O
Engineer Chemical
ECH30
Engineer Chemical Sr
EC105
Coordinator Civil
EC110
EITCoordinator Civil
EC120
Engineer Civil
EC130
Engineer Civil Sr
ECO10
EITCoordinator Construction
ECO15
Engineer Construction Jr
$ 32.66
$
48.76
$
9.80
$ 91.22
$ 44.81
$
66.91
$
13.44
$ 125.16
$ 52.61
$
78.55
$
15.78
$ 146.94
$ 56.63
$
84.55
$
16.99
$ 158.17
$ 165.21
$
246.68
$
49.56
$ 461.45
$ 55.74
$
83.23
$
16.72
$ 155.69
$ 87.94
$
131.30
$
26.38
$ 245.62
$ 109.54
$
163.55
$
32.86
$ 305.95
$ 105.03
$
156.82
$
31.51
$ 293.36
$ 27.56
$
41.15
$
8.27
$ 76.98
$ 50.59
$
75.54
$
15.18
$ 141.31
$ 29.49
$
44.03
$
8.85
$ 82.37
$ 37.48
$
55.96
$
11.24
$ 104.68
$ 44.85
$
66.97
$
13.46
$ 125.28
$ 26.15
$
39.04
$
7.85
$ 73.04
$ 42.85
$
63.98
$
12.86
$ 119.69
$ 67.60
$
100.93
$
20.28
$ 188.81
$ 58.86
$
87.88
$
17.66
$ 164.40
$ 24.25
$
36.21
$
7.28
$ 67.74
$ 36.30
$
54.20
$
10.89
$ 101.39
$ 57.40
$
85.70
$
17.22
$ 160.32
$ 77.48
$
115.69
$
23.24
$ 216.41
$ 60.95
$
91.00
$
18.29
$ 170.24
$ 137.16
$
204.79
$
41.15
$ 383.10
$ 70.66
$
105.50
$
21.20
$ 197.36
$ 33.67
$
50.27
$
10.10
$ 94.04
$ 40.53
$
60.52
$
12.16
$ 113.21
$ 51.77
$
77.30
$
15.53
$ 144.60
$ 33.57
$
50.12
$
10.07
$ 93.76
$ 43.22
$
64.53
$
12.97
$ 120.72
$ 59.18
$
88.36
$
17.75
$ 165.29
$ 65.07
$
97.16
$
19.52
$ 181.75
$ 37.10
$
55.39
$
11.13
$ 103.62
$ 39.15
$
58.45
$
11.75
$ 109.35
$ 57.21
$
85.42
$
17.16
$ 159.79
$ 77.52
$
115.75
$
23.26
$ 216.53
$ 28.41
$
42.42
$
8.52
$ 79.35
$ 38.06
$
56.83
$
11.42
$ 106.31
$ 55.76
$
83.26
$
16.73
$ 155.75
$ 82.14
$
122.64
$
24.64
$ 229.42
$ 26.67
$
39.82
$
8.00
$ 74.49
$ 39.12
$
58.41
$
11.74
$ 109.27
$ 45.64
$
68.15
$
13.69
$ 127.48
$ 56.93
$
85.00
$
17.08
$ 159.01
$ 44.02
$
65.73
$
13.21
$ 122.96
$ 50.86
$
75.94
$
15.26
$ 142.06
$ 41.64
$
62.17
$
12.49
$ 116.30
$ 53.60
$
80.03
$
16.08
$ 149.71
$ 65.14
$
97.26
$
19.54
$ 181.94
$ 60.19
$
89.87
$
18.06
$ 168.12
$ 168.45
$
251.51
$
50.54
$ 470.50
$ 88.60
$
132.29
$
26.58
$ 247.47
$ 88.13
$
131.59
$
26.44
$ 246.16
$ 97.59
$
145.71
$
29.28
$ 272.58
$ 51.76
$
77.28
$
15.53
$ 144.57
$ 48.19
$
71.95
$
14.46
$ 134.60
$ 81.42
$
121.57
$
24.43
$ 227.42
$ 30.31
$
45.26
$
9.09
$ 84.66
$ 46.88
$
70.00
$
14.06
$ 130.94
$ 52.60
$
78.54
$
15.78
$ 146.92
$ 67.44
$
100.69
$
20.23
$ 188.36
$ 40.73
$
60.81
$
12.22
$ 113.76
$ 68.37
$
102.08
$
20.51
$ 190.96
$ 106.49
$
159.00
$
31.95
$ 297.44
$ 43.54
$
65.01
$
13.06
$ 121.61
$ 53.88
$
80.45
$
16.16
$ 150.49
$ 66.72
$
99.62
$
20.02
$ 186.36
$ 41.58
$
62.08
$
12.47
$ 116.13
$ 42.99
$
64.19
$
12.90
$ 120.08
$ 87.21
$
130.21
$
26.16
$ 243.58
$ 89.44
$
133.54
$
26.83
$ 249.81
$ 48.51
$
72.43
$
14.55
$ 135.49
$ 31.82
$
47.51
$
9.55
$ 88.88
180511_CityofBremerton_ HDR ANTE Table.xls
HDR ENGINEERING, INC.
ACTUALS NOT TO EXCEED TABLE
City of Bremerton - Innovative Safety Project ESDC
Labor Categories
2 180511_CityofBremerton_ HDR ANTE Table.xls
Overhead
Fixed Fee/Profit
Loaded Labor Rates
149.3100% X
DSC
30.0% X
DSC
(Direct + OH + FF)
NTE
NTE
NTE
NTE
tion
Hourly
Hourly
Hourly
Houriv
Engineer Construction
$
63.09
$ 94.20
$
18.93
$ 176.22
Engineer Construction Sr
$
100.18
$ 149.58
$
30.05
$ 279.81
Environmental EIT
$
43.67
$ 65.20
$
13.10
$ 121.97
Environmental Engineer
$
51.06
$ 76.24
$
15.32
$ 142.62
Environmental Engineer Sr
$
71.98
$ 107.47
$
21.59
$ 201.04
EIT Electrical
$
40.37
$ 60.28
$
12.11
$ 112.76
Engineer Electrical
$
83.59
$ 124.81
$
25.08
$ 233.48
Engineer Electrical Sr
$
116.48
$ 173.92
$
34.94
$ 325.34
Fire Protection Engineer
$
99.67
$ 148.82
$
29.90
$ 278.39
EIT Highway
$
44.57
$ 66.55
$
13.37
$ 124.49
Engineer Highway
$
62.68
$ 93.59
$
18.80
$ 175.07
Engineer Highway Sr
$
81.22
$ 121.27
$
24.37
$ 226.86
EIT Instrumentation
$
48.48
$ 72.39
$
14.54
$ 135.41
Engineer Instrumentation
$
59.25
$ 88.47
$
17.78
$ 165.50
Engineer Instrumentation Sr
$
78.61
$ 117.37
$
23.58
$ 219.56
Coordinator Mechanical
$
50.83
$ 75.89
$
15.25
$ 141.97
EIT Mechanical
$
45.69
$ 68.22
$
13.71
$ 127.62
Engineer Mechanical
$
58.89
$ 87.93
$
17.67
$ 164.49
Engineer Mechanical Sr
$
152.00
$ 226.95
$
45.60
$ 424.55
EIT Rail
$
42.60
$ 63.61
$
12.78
$ 118.99
Engineer Rail
$
52.70
$ 78.69
$
15.81
$ 147.20
Engineer Rail Sr
$
92.97
$ 138.81
$
27.89
$ 259.67
EIT Sanitary
$
44.30
$ 66.14
$
13.29
$ 123.73
Engineer Sanitary
$
67.36
$ 100.58
$
20.21
$ 188.15
Engineer Sanitary Sr
$
102.13
$ 152.49
$
30.64
$ 285.26
EIT Geotechnical
$
40.74
$ 60.83
$
12.22
$ 113.79
Engineer Geotechnical
$
86.90
$ 129.75
$
26.07
$ 242.72
Engineer Geotechnical Sr
$
91.48
$ 136.59
$
27.44
$ 255.51
EIT Structural
$
51.16
$ 76.39
$
15.35
$ 142.90
Engineer Structural
$
67.09
$ 100.17
$
20.13
$ 187.39
Engineer Structural Sr
$
101.53
$ 151.59
$
30.46
$ 283.58
EIT Traffic
$
42.65
$ 63.68
$
12.80
$ 119.13
Engineer Traffic
$
60.97
$ 91.03
$
18.29
$ 170.29
Engineer Traffic Sr
$
90.52
$ 135.16
$
27.16
$ 252.84
EIT Transportation
$
42.78
$ 63.87
$
12.83
$ 119.48
Engineer Transportation
$
57.87
$ 86.41
$
17.36
$ 161.64
Engineer Transportation Sr
$
67.38
$ 100.61
$
20.21
$ 188.20
EIT Water Resources
$
51.33
$ 76.64
$
15.40
$ 143.37
Engineer Water Resources
$
63.12
$ 94.24
$
18.94
$ 176.30
Engineer Water Resources Sr
$
87.85
$ 131.17
$
26.36
$ 245.38
Director of Development
$
93.78
$ 140.02
$
28.13
$ 261.93
President
$
213.51
$ 318.79
$
64.05
$ 596.35
Operations Specialist 1
$
50.26
$ 75.04
$
15.08
$ 140.38
Operations Specialist 3
$
74.27
$ 110.89
$
22.28
$ 207.44
Graphic Artist 1
$
35.44
$ 52.92
$
10.63
$ 98.99
Graphic Artist 2
$
49.33
$ 73.65
$
14.80
$ 137.78
Graphic Artist 3
$
57.85
$ 86.38
$
17.36
$ 161.59
Human Resources Specialist
$
41.03
$ 61.26
$
12.31
$ 114.60
Human Resources Specialist Sr
$
73.71
$ 110.06
$
22.11
$ 205.88
Intern Administrative
$
20.49
$ 30.59
$
6.15
$ 57.23
Intern Architectural
$
21.04
$ 31.41
$
6.31
$ 58.76
Intern Engineering
$
22.81
$ 34.06
$
6.84
$ 63.71
Landscape Architectural Coord
$
39.78
$ 59.40
$
11.93
$ 111.11
Landscape Architect
$
47.21
$ 70.49
$
14.16
$ 131.86
Landscape Architect Sr
$
71.09
$ 106.14
$
21.33
$ 198.56
Attorney
$
90.93
$ 135.77
$
27.28
$ 253.98
Economist 1
$
46.41
$ 69.29
$
13.92
$ 129.62
Economist 2
$
79.92
$ 119.33
$
23.98
$ 223.23
Economist 3
$
130.90
$ 195.45
$
39.27
$ 365.62
Management Analyst
$
55.25
$ 82.49
$
16.58
$ 154.32
Management Consultant
$
114.40
$ 170.81
$
34.32
$ 319.53
Management Consultant Sr
$
185.38
$ 276.79
$
55.61
$ 517.78
SectionManagerTeamLeader
$
127.15
$ 189.85
$
38.15
$ 355.15
Area Manager
$
135.77
$ 202.72
$
40.73
$ 379.22
Regional Director
$
93.18
$ 139.13
$
27.95
$ 260.26
National Technical Director
$
127.79
$ 190.80
$
38.34
$ 356.93
Director of Engineer
$
171.27
$ 255.72
$
51.38
$ 478.37
Dir of Bus Class Client Develp
$
136.88
$ 204.38
$
41.06
$ 382.32
Director of Profesonl Services
$
140.57
$ 209.89
$
42.17
$ 392.63
Program Management Director
$
120.88
$ 180.49
$
36.26
$ 337.63
Director of Client Development
$
130.63
$ 195.04
$
39.19
$ 364.86
Regional Quality Director
$
65.61
$ 97.96
$
19.68
$ 183.25
QA/QC Program Director
$
74.85
$ 111.76
$
22.46
$ 209.07
Office Manager
$
91.71
$ 136.93
$
27.51
$ 256.15
BusUnit Asst Mng Principal
$
129.51
$ 193.37
$
38.85
$ 361.73
2 180511_CityofBremerton_ HDR ANTE Table.xls
HDR ENGINEERING, INC.
ACTUALS NOT TO EXCEED TABLE
City of Bremerton - Innovative Safety Project ESDC
Labor Categories
Employee Classification
Overhead
149.3100% X
NTE
Hourly
DSC
NTE
Hourly
Fixed FeelProfit
30.0% X
DSC
NTE
Hourly
Loaded Labor Rates
(Direct + OH + FF)
NTE
Hourly
MGT40
Bus Unit MgrManaging Prin
$
169.79
$ 253.51
$
50.94
$ 474.24
MGT42
Area Business Class Leader
$
115.29
$ 172.14
$
34.59
$ 322.02
MGT44
Regional Business Class Leader
$
103.82
$ 155.01
$
31.15
$ 289.98
MGT46
Business Class Director
$
147.99
$ 220.96
$
44.40
$ 413.35
MGT47
Business Group Leader
$
139.38
$ 208.11
$
41.81
$ 389.30
MGT48
Market Sector Director
$
147.00
$ 219.49
$
44.10
$ 410.59
MGT50
Senior Operations Manager
$
153.32
$ 228.92
$
46.00
$ 428.24
MGT52
Business Group Directors
$
169.79
$ 253.51
$
50.94
$ 474.24
MGT53
Director of Operations
$
169.79
$ 253.51
$
50.94
$ 474.24
MGT62
Area Business Group Director
$
125.40
$ 187.23
$
37.62
$ 350.25
MGT64
Regional Bus Group Director
$
144.53
$ 215.80
$
43.36
$ 403.69
MGT66
National Bus Group Director
$
136.78
$ 204.23
$
41.03
$ 382.04
MGT70
Director of International
$
151.12
$ 225.64
$
45.34
$ 422.10
MKT01
Marketing Coordinator
$
59.60
$ 88.99
$
17.88
$ 166.47
MKT02
Marketing Coordinator Sr
$
58.41
$ 87.21
$
17.52
$ 163.14
MKT03
Pursuit Manager
$
92.74
$ 138.47
$
27.82
$ 259.03
MKT04
Senior Pursuit Manager
$
118.11
$ 176.35
$
35.43
$ 329.89
MKT05
Sector Pursuits Coordinator
$
45.83
$ 68.43
$
13.75
$ 128.01
MKT10
Marketing Services Manager
$
81.59
$ 121.82
$
24.48
$ 227.89
MKT20
Marketing Manager Asst
$
72.63
$ 108.44
$
21.79
$ 202.86
MKT21
Marketing Manager
$
107.80
$ 160.96
$
32.34
$ 301.10
MKT22
Senior Marketing Manager
$
107.32
$ 160.24
$
32.20
$ 299.76
MKT23
Area Marketing Manager
$
128.91
$ 192.48
$
38.67
$ 360.06
MKT30
Mktg ManagerMktg PrincipalSr
$
141.10
$ 210.68
$
42.33
$ 394.11
PJM01
Project Controller
$
69.32
$ 103.50
$
20.80
$ 193.62
PJM10
Project Manager Architect Asst
$
61.70
$ 92.12
$
18.51
$ 172.33
PJM11
Project Manager Architect
$
56.09
$ 83.75
$
16.83
$ 156.67
PJM12
Project Manager Engineer Asst
$
74.54
$ 111.30
$
22.36
$ 208.20
PJM13
Project Manager Engineer
$
72.81
$ 108.71
$
21.84
$ 203.36
PJM14
Project Manager General Asst
$
99.05
$ 147.89
$
29.72
$ 276.66
PJM15
Project Manager General
$
86.90
$ 129.75
$
26.07
$ 242.72
PJM20
Project Manager Architect Sr
$
87.87
$ 131.20
$
26.36
$ 245.43
PJM21
Project Manager Engineer Sr
$
96.99
$ 144.82
$
29.10
$ 270.91
PJM22
Project Manager General Sr
$
122.07
$ 182.26
$
36.62
$ 340.95
PJM30
Project Principal Architect
$
119.79
$ 178.86
$
35.94
$ 334.59
PJM32
Project Principal Engineer
$
129.54
$ 193.42
$
38.86
$ 361.82
PJM33
Project Principal General
$
146.30
$ 218.44
$
43.89
$ 408.63
PLE01
Environmental Planner 1
$
39.18
$ 58.50
$
11.75
$ 109.43
PLE02
Environmental Planner 2
$
68.47
$ 102.23
$
20.54
$ 191.24
PLE03
Environmental Planner 3
$
70.49
$ 105.25
$
21.15
$ 196.89
PLN01
Planner 1
$
43.98
$ 65.67
$
13.19
$ 122.84
PLN02
Planner 2
$
58.69
$ 87.63
$
17.61
$ 163.93
PLN03
Planner 3
$
76.41
$ 114.09
$
22.92
$ 213.42
PLT01
Transportation Planner 1
$
39.68
$ 59.25
$
11.90
$ 110.83
PLT02
Transportation Planner 2
$
81.51
$ 121.70
$
24.45
$ 227.66
PLT03
Transportation Planner 3
$
107.47
$ 160.46
$
32.24
$ 300.17
PLU02
Land Use Planner 2
$
51.61
$ 77.06
$
15.48
$ 144.15
PLU03
Land Use Planner 3
$
58.97
$ 88.05
$
17.69
$ 164.71
PMG02
Program Manager
$
137.10
$ 204.70
$
41.13
$ 382.93
PMG03
Sr. Program Manager/Client Mgr
$
112.37
$ 167.78
$
33.71
$ 313.86
PMG10
ROW Specialist
$
73.26
$ 109.38
$
21.98
$ 204.62
PMG20
Realty Specialist
$
54.54
$ 81.43
$
16.36
$ 152.33
QCR10
Quality Control Reviewer
$
98.44
$ 146.98
$
29.53
$ 274.95
QTE10
Technical Editor
$
47.61
$ 71.09
$
14.28
$ 132.98
RES20
RES Technician 1
$
23.81
$ 35.55
$
7.14
$ 66.50
RES22
RES Technician 2
$
34.25
$ 51.14
$
10.28
$ 95.67
RES25
RES Technician 3
$
34.66
$ 51.75
$
10.40
$ 96.81
RES40
RES Agent 1
$
36.91
$ 55.11
$
11.07
$ 103.09
RES42
RES Agent 2
$
55.42
$ 82.75
$
16.63
$ 154.80
RES45
RES Agent 3
$
47.62
$ 71.10
$
14.29
$ 133.01
RES62
RES Appraiser 2
$
52.51
$ 78.40
$
15.75
$ 146.66
RSK30
Risk Management Consultant
$
108.90
$ 162.60
$
32.67
$ 304.17
SAF10
Safety and Health Specialist 1
$
44.30
$ 66.14
$
13.29
$ 123.73
SAF20
Safety and Health Specialist 2
$
102.13
$ 152.49
$
30.64
$ 285.26
SAQ10
Air Quality Specialist 1
$
26.62
$ 39.75
$
7.99
$ 74.36
SAQ20
Air Quality Specialist 2
$
65.82
$ 98.28
$
19.75
$ 183.85
SA030
Air Quality Specialist 3
$
83.88
$ 125.24
$
25.16
$ 234.28
SBI10
Biologist 1
$
39.36
$ 58.77
$
11.81
$ 109.94
SB120
Biologist 2
$
53.32
$ 79.61
$
16.00
$ 148.93
SB130
Biologist 3
$
69.81
$ 104.23
$
20.94
$ 194.98
SCH10
Scheduler
$
82.45
$ 123.11
$
24.74
$ 230.30
SCH2O
Scheduler Sr
$
127.11
$ 189.79
$
38.13
$ 355.03
SCU10
CulturalResourceSpecialist 1
$
34.22
$ 51.09
$
10.27
$ 95.58
SCU20
CulturalResourceSpecialist 2
$
50.94
$ 76.06
$
15.28
$ 142.28
SCU30
CulturalResourceSpecialist 3
$
52.61
$ 78.55
$
15.78
$ 146.94
3 180511_CityofBremerton_ HDR ANTE Table.xls
HDR ENGINEERING, INC.
ACTUALS NOT TO EXCEED TABLE
City of Bremerton - Innovative Safety Project ESDC
Labor Categories
4 180511_CityofBremerton_ HDR ANTE Table.xls
Overhead
Fixed Fee/Profit
Loaded Labor Rates
149,3100% X
DSC
30.0% X
DSC
(Direct + OH + FF)
NTE
NTE
NTE
NTE
Employee Classification
Hourly
Hourly
Hourly
Hourl
SEA02
ISecurity Analyst 2
$
65.73
$ 98.14
$
19.72
$ 183.59
SEC20
Ecologist 2
$
38.97
$ 58.19
$
11.69
$ 108.85
SEC30
Ecologist 3
$
58.75
$ 87.72
$
17.63
$ 164.10
SEN10
Environmental Scientist 1
$
36.80
$ 54.95
$
11.04
$ 102.79
SEN20
Environmental Scientist 2
$
54.36
$ 81.16
$
16.31
$ 151.83
SEN30
Environmental Scientist 3
$
73.08
$ 109.12
$
21.92
$ 204.12
SGA10
GIS Analyst
$
42.60
$ 63.61
$
12.78
$ 118.99
SGA30
Senior GIS Analyst
$
49.34
$ 73.67
$
14.80
$ 137.81
SGE10
Geologist 1
$
39.03
$ 58.28
$
11.71
$ 109.02
SGE20
Geologist 2
$
54.30
$ 81.08
$
16.29
$ 151.67
SGE30
Geologist 3
$
69.53
$ 103.82
$
20.86
$ 194.21
SGM01
GIS Manager
$
54.11
$ 80.79
$
16.23
$ 151.13
SGM02
Senior GIS Manager
$
67.90
$ 101.38
$
20.37
$ 189.65
SGP10
GIS Programmer
$
42.39
$ 63.29
$
12.72
$ 118.40
SGP30
Senior GIS Programmer
$
72.73
$ 108.59
$
21.82
$ 203.14
SGS10
GIS Technician
$
28.79
$ 42.99
$
8.64
$ 80.42
SGS30
Senior GIS Technician
$
29.82
$ 44.52
$
8.95
$ 83.29
SHW10
Hazardous Waste Specialist 1
$
32.68
$ 48.79
$
9.80
$ 91.27
SHW20
Hazardous Waste Specialist 2
$
65.69
$ 98.08
$
19.71
$ 183.48
SHW30
Hazardous Waste Specialist 3
$
73.44
$ 109.65
$
22.03
$ 205.12
SITY20
Hydrologist 2
$
56.44
$ 84.27
$
16.93
$ 157.64
SITY30
Hydrologist 3
$
83.06
$ 124.02
$
24.92
$ 232.00
SNO10
Noise Specialist 1
$
35.13
$ 52.45
$
10.54
$ 98.12
SN020
Noise Specialist 2
$
51.59
$ 77.03
$
15.48
$ 144.10
SN030
Noise Specialist 3
$
56.31
$ 84.08
$
16.89
$ 157.28
SPC20
Specification Specialist 2
$
90.49
$ 135.11
$
27.15
$ 252.75
SUR01
Survey Technician 1
$
21.74
$ 32.46
$
6.52
$ 60.72
SUR02
Survey Technician 2
$
34.81
$ 51.97
$
10.44
$ 97.22
SUR03
Survey Technician 3
$
47.91
$ 71.53
$
14.37
$ 133.81
SUR04
Land Surveyor
$
67.89
$ 101.37
$
20.37
$ 189.63
SUS20
Sustainable Des Project Mgr
$
42.07
$ 62.81
$
12.62
$ 117.50
SUS30
Sustainable Design Consultant
$
36.62
$ 54.68
$
10.99
$ 102.29
SWE30
Wetland Specialist 3
$
60.12
$ 89.77
$
18.04
$ 167.93
SYS01
Programmer
$
44.30
$ 66.14
$
13.29
$ 123.73
SYS03
Systems Analyst
$
49.43
$ 73.80
$
14.83
$ 138.06
SYSO4
Systems Analyst Sr
$
55.92
$ 83.49
$
16.78
$ 156.19
SYS11
Data Base Administrator
$
60.91
$ 90.94
$
18.27
$ 170.12
SYS21
Systems Administrator
$
47.40
$ 70.77
$
14.22
$ 132.39
SYS22
Systems Administrator Sr
$
63.22
$ 94.39
$
18.97
$ 176.58
SYS45
IT Support Specialist
$
29.18
$ 43.57
$
8.75
$ 81.50
SYS46
Sr. IT Support Specialist
$
37.33
$ 55.74
$
11.20
$ 104.27
SYS64
Director - IT Bus Sry M mt
$
110.75
$ 165.36
$
33.23
$ 309.34
SYS65
Application Manager
$
57.68
$ 86.12
$
17.30
$ 161.10
SYS70
Systems Consultant
$
80.73
$ 120.54
$
24.22
$ 225.49
SYS85
IT Support Manager
$
57.60
$ 86.00
$
17.28
$ 160.88
SYS86
IT Area Support Manager
$
83.82
$ 125.15
$
25.15
$ 234.12
TEC01
Technician General 1
$
36.67
$ 54.75
$
11.00
$ 102.42
TECO2
Technician General 2
$
39.17
$ 58.48
$
11.75
$ 109.40
TEC03
Technician General 3
$
53.61
$ 80.05
$
16.08
$ 149.74
TEC04
Technician General 4
$
57.59
$ 85.99
$
17.28
$ 160.86
VIS10
Visual Coordinator
$
34.22
$ 51.09
$
10.27
$ 95.58
VIS20Visual
Designer
$
45.18
$ 67.46
$
13.55
$ 126.19
VIS30
Sr Visual Designer
$
46.62
$ 69.61
$
13.99
$ 130.22
VIS40
JVisual Manager
$
55.87
$ 83.42
$
16.76
$ 156.05
4 180511_CityofBremerton_ HDR ANTE Table.xls
Exhibit E
Sub -consultant Cost Computations
There isn't any sub -consultant participation at this time. The CONSULTANT shall not sub -contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
N/A
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
I . Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number:
Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1
Exhibit G -1(a)
Exhibit G -1(b)
Exhibit G-2
Exhibit G-3
Exhibit G-4
Exhibit G
Certification Documents
Certification of Consultant
Certification of
Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data
Agreement Number:
Page 1 of 1
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
HDR Engineering, Inc.
whose address is
929 108th Ave NE, Suite 1300, Bellevue, WA, 98004
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Bremerton
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
HDR Engineering, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
Exhibit G -1(b) Certification of City of Bremerton
I hereby certify that I am the:
❑7
❑ Other
of the City of Bremerton , and HDR Engineering, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the City of Bremerton
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
Date
Agreement Number:
Page 1 of 1
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
HDR Engineering, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
HDR Engineering, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Page 1 of 1
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Innovative Safety Project ESDC * are accurate, complete, and current
as of May 4, 2018 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: HDR Engineering, Inc.
Signature
Date of Execution***:
Title
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Page 1 of 1
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Pagel of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work,
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2