ENGINEERING PROFESSIONAL SERVICES AGREEMENT
AGREEMENT
FOR
PROFESSIONAL SERVICES
p "TH ~
This AGREEMENT is made and entered into on this 5" If ---day of f~
" j,/
between the City of Clearwater, Florida (CITY) and HDR Engineering. Inc.
, 20 c)~3, by and
Inc.
(ENGINEER)
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to
such work in accordance with this Agreement; and
WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement,
and
WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process described
in Section 287.055 of the Florida Statutes, and based on information and representations given by the
ENGINEER in a proposal dated March 31. 2003
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties
hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows:
1. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER
will provide the professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2. PROFESSIONAL TECHNICAL SERVICES
2A. It shall be the responsibility of the ENGINEER to work with and for the CITY toward solutions to
engineering problems and the approach or technique to be used toward accomplishment of the CITY's
objective for each project or assignment. The ENGINEER's services shall include developing and
presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and
Stormwater Utility System facilities, the sufficiency of the rates and charges for the System services, the
proper maintenance of the elements of the System and the design of capital improvements thereto; roads,
6/25/2003
drainage, structural analysis, transportation, traffic, environmental and gas systems. Representative
assignment areas are expected to include, but not be limited to, planning, studies or design services as
listed below:
1. Preparation of construction drawings, specifications and bid documents for public works projects,
including but not limited to:
. structural engineering elements
. streets and roadways, including intersection improvements
. parking facilities
. utility infrastructure, including water, wastewater, natural gas, storm water and reused water
2. land surveying activities, including title search, aerial target placement, topographic surveys, right-of-
way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel
descriptions/parcel sketches
3. architectural services
4. transportation improvement planning and studies, including Project Development & Environment
(PD&E) studies
5. appraisals of land under consideration for acquisition by the CITY
6. traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of
traffic signal construction documents, preparation of pavement marking and signing plans, assistance
as needed with the implementation of timing plans for and the operation of the City's Urban Traffic
Signal Computer System
7. hazardous materials investigations, mitigation/remediation plans and associated tasks
8. management of construction contracts
9. review and assessment of the applicability of design/CITY improvements
10. development/preparation of grant applications for CITY projects
11. preparation of permit application packages, including water, wastewater, surface water
management, National Pollution Discharge Elimination System (NPDES), and wetland
impacts: assistance in meeting regulatory and grant requirements, permitting and
preparation of permit documents and representation of the CITY before appropriate
regulatory bodies
12. environmental audits, including evaluation of hazardous materials potential, archeological or
historical resources, impacts to threatened or endangered species
13. hydrau1iclhydro10gic modeling of streams, watersheds, etc.
14. development of wetland mitigation plans, including compliance monitoring
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15. water quality monitoring, including report preparation
16. preparation and implementation of public involvement programs, including graphics (presentation
boards, slides, handouts, etc.)
17. studies related to stormwater management, master planning, design and financing, including
stormwater utility feasibility and implementation
18. studies related to rates, user charges and impact upon various agreements between the CITY and its
customers, suppliers and consultants
19. studies of recreational facility improvements, including expanSIOn or improvements to existing
facilities as well as development of new facilities: includes possible preparation of construction
documents (including permits) and construction management
20. aviation services, including master planning and design of planned improvements
21. other work as may be reasonably required under the general scope of professional and technical
engineering services in connection with the CITY's public works/engineering system.
2B. The ENGINEER's services under this Agreement will be provided under Work Orders. Generally, each
Work Order will include the services for a single project or assignment, and it will contain a mutually
agreed-upon detailed scope of work, fee, invoicing method, and schedule of performance in accordance
with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed
$100,000 per work Order unless specifically authorized by the City Commission.
2C. The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel
available to the CITY for the purpose of rendering the required engineering services hereunder, and shall
diligently execute the work to meet the completion time established.
2D. The CITY reserves the right to enter into contracts with other engineering firms for similar services.
HDR Engineering, Ine. -will, when directed to do so by the CITY, coordinate and work with other
engineering firms retained by the CITY.
3. PERIOD OF SERVICE
3A. The ENGINEER shall begin work promptly after receipt of a fully executed copy of each Work Order, in
accordance with Paragraph 2B above. Receipt of a fully executed Work Order shall constitute written
notice to proceed.
3B. If the ENGINEER's servIces called for under any Work Order are delayed for reasons beyond the
ENGINEER's control, the time of performance shall be adjusted as appropriate.
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3C. It is the intent of the parties hereto that this Agreement continue in force until three (3) years from the
date of execution, subject to the provisions for termination contained herein. Assignments that are in
progress at the Contract termination date will be completed by the ENGINEER unless specifically
terminated by the CITY.
4. INSURANCE REOUIREMENTS
4A. Workers Compensation and Employers Liability. The ENGINEER shall procure and maintain, for the
life of this Agreement, Workers Compensation Insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all
applicable state and federal laws.
4B. General Liability. The ENGINEER shall procure and maintain, for the life of this Agreement, General
Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors; Products and completed Operations and Contractual Liability.
Coverage shall be no more restrictive than the latest edition of the Commercial General Liability polices
of the Insurance Services Office (ISO).
This policy shall provide coverage for death, bodily injury, personal injury or property damage that could
arise directly or indirectly from the performance of this Agreement.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily
Injury Liability and Property Damage Liability.
The CITY shall be included and identified as an Additional Insured under the policy/certificate of
msurance.
4C. Business Automobile Liability. The ENGINEER shall procure and maintain, for the life of the
Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily
Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy.
Coverage shall be no more restrictive than the latest edition of the Business Automobile Practices of the
Insurance Services Office (ISO).
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The CITY shall be included and identified as an Additional Insured under the policy/certificate of
msurance.
4D. Professional Liability Insurance. The ENGINEER shall procure and maintain for the life of this
Agreement, Professional Liability Insurance. This insurance shall provide coverage against negligent
acts, errors or omissions by the ENGINEER in the performance of this contract. The minimum limits of
coverage shall be $1,000,000.
4E. Indemnify. In consideration of the sum of One Hundred Dollars ($100.00), the receipt and sufficiency of
which is acknowledged, payable as part of the fIrst payment for services, the ENGINEER agrees to save
and hold the CITY, its agents, assigns and employees, harmless from all claims or causes of action,
including costs and attorney's fees, and all judgments whatsoever, involving personal injury, bodily
injury, death, or property damage, arising out of any negligent act or omission, or the violation of any
federal, state or local law or regulations by the ENGINEER, its subcontractors, agents, assigns, invitees
or employees in connection with this Agreement. The ENGINEER agrees to indemnify and hold
harmless the City from losses, damages or lawsuits resulting from the ENGINEER's intentional
misconduct or intentional torts com mitted during the performance of this contract.
4F. Hazardous Substances. It is understood and agreed that in seeking the professional servIces of the
ENGINEER under this Agreement, the CITY does not request the ENGINEER to undertake uninsurable
or potentially uninsurable obligations for the CITY's benefit involving or related in any manner to
hazardous substances. Therefore, the ENGINEER undertakes no such obligation hereunder, and the
CITY agrees to hold harmless and indemnify the ENGINEER from and against any and all claims, losses,
damages, liability, and costs arising out of or in any way connected with the presence, discharge, release,
or escape of contaminants or hazardous substances of any kind, or environmental liability of any nature,
in any manner related to services performed by the ENGINEER under this Agreement.
4G. Supplemental Provisions. The insurance coverages and conditions afforded by the above- mentioned
policies shall not be suspended, voided, canceled or coverage reduced except after thirty (30) days prior
written notice by certified mail return receipt requested has been given to both the City Engineer and the
Risk Management Offices of the CITY.
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Certificates of Insurance meeting the specific required insurance prOVISIons specified within this
Contract! Agreement shall be forwarded to both the City Engineer and Risk Management offices of the
CITY and approved prior to the start of any work. After review, the Certificate will be filed with the City
Clerk as a part of the official contract file.
Receipt and acceptance of the ENGINEER Certificate of Insurance, or other similar document does not
constitute acceptance or approval of amounts or types of coverages which may be less than required by
this Agreement.
The City may, at its option, require a copy of the ENGINEER's Insurance Policy(s).
All insurance policies required within this contract shall provide full coverage from the first dollar of
exposure unless otherwise stipulated. No deductible will be accepted without prior approval from the
CITY.
4H. Safety and Health Requirements. It is the ENGINEER'S sole duty to provide safe and healthful working
conditions to its employees on and about the site of Agreement performance. The CITY assumes no duty
for supervision of the ENGINEER. The ENGINEER will provide a "Drug Free" workplace in
accordance with Section 287-987, Florida Statutes.
The CITY may, without any liability to ENGINEER, order that the work stop at the site of Agreement
Performance if a condition of immediate danger to CITY employees, CITY equipment, citizens, or if
property damage exists. This provision shall not shift responsibility for any risk of loss for injuries or
damage sustained from the ENGINEER to the CITY, and the ENGINEER shall remain solely responsible
for compliance with all safety requirements and for the safety of all persons and property at the site of
Agreement Performance until the beginning of construction, which arise out of the ENGINEER's
negligence.
The ENGINEER shall comply with the standards and regulations set forth by the Occupational Safety and
Health Administration (OSHA), the Florida Department of Labor and Employment Security, and all other
appropriate federal, state and local regulations or City safety and health standards.
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5. GENERAL CONSIDERATIONS
5A. All documents including field books, drawings, specifications, calculations, etc. supplied by the
ENGINEER shall become the property of the CITY. The CITY acknowledges that such documents are
not intended or represented to be suitable for use by the CITY or others for purposes other than those for
which the documents are prepared. Any reuse of these documents without written verification or
adaptation by the ENGINEER for the specific purpose intended will be at the CITY's sole risk without
liability or legal exposure to the ENGINEER.
5B. When authorized, the ENGINEER shall prepare a fmal estimate of probable construction costs, following
CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that
estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed
as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsive and
acceptable bid price received by the CITY within three (3) months from the date of the CITY's approval
of the bid documents exceed the ENGINEER's fmal cost estimate by more than ten percent (10%), the
ENGINEER shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices
on a line item bases, identifying areas of disagreement and providing a rationale for the difference.
5C. The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at law.
A supplemental agreement will be negotiated between the CITY and the ENGINEER describing the
services desired and providing a basis for compensation to the ENGINEER.
5D. Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports,
studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem
necessary .
5E. The CITY and the ENGINEER each bind themselves and their successors, legal representatives and
assigns to the other party to this Agreement and to the partners, successors, legal representatives and
assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the
ENGINEER will assign or transfer its interest in this A greement without consent of the other.
5F. The ENGINEER hereby agrees to indemnify, save and hold harmless the CITY from all claims, demands,
liabilities and suits caused by any negligent act, error or omission of the ENGINEER, the ENGINEER's
subcontractors, agents or employees in rendering the professional services called for herein. It is
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specifically understood and agreed, however, that this indemnification agreement does not cover or
indemnify the CITY for its own negligence. The ENGINEER hereby further agrees to indemnify, save
and hold harmless the CITY from any and all fmes, costs, and expenses caused by, directly or indirectly,
with the ENGINEER's failure to comply with any applicable laws, statutes, ordinances, or government
regulations.
5G. The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to
an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or
during its term.
5R. Key personnel assigned to City projects by the ENGINEER shall not be removed from the projects until
alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are
identified as:
. William (Bill) Wadsworth, P.E.
. Tracy Hood, P.E.
. Doug Butler, P.E.
. Neale Stralow, AICP
. Carlos Lopez, P.E.
51 The ENGINEER shall execute the appropriate State of Florida sworn statement under Section
287.133(3)(a), Florida Statutes, Public Entity Crimes prior to the execution of this Agreement.
5J. The ENGINEER shall attach a brief status report on the proj ect(s) with each request for payment.
5K. The ENGINEER shall provide a Certificate regarding a "Drug Free Workplace" per the requirements of
State of Florida directive: City Memorandum No. 23 (90-91) dated December 17,1990, from George C.
Banks, CPPO, Director, Division of Purchasing.
6. COMPENSATION
6A. The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with
the provisions of each Work Order, upon presentation of ENGINEER's invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit A.
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6B. Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced
by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon
receipt.
Invoices are to be pre-numbered by the ENGINEER and issued per Work Order. Each invoice will
include a summary by CITY charge code as identified in the Work Order or addendums. Copies of
invoices for sub-consultants or other expenses of $50.00 or more per item will be attached to the
ENGINEER'S invoice.
Invoices are to be mailed to the City Invoices are to be mailed to the City of Clearwater,
PW AlEngineering, Administrative Analyst, P.O. Box 4748, Clearwater, FL 33758-4748 or 100 S. Myrtle
Avenue, #220, Clearwater, FL 33756-5520.
6C. The ENGINEER agrees to allow full and open inspection of payroll records and expenditures III
connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY.
7. PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the ENGINEER, to solicit or secure this Agreement and that it has not
paid or agreed to pay any persons, company, corporation individual or firm, other than a bona fide
employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of
substantial failure to perform in accordance with the terms hereof by the other party through no fault of
the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with
the provisions of outstanding Work Orders for all work performed up to the date of termination.
9. SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled or abandoned by the CITY, without
affecting any other Work Order or this Agreement, the ENGINEER shall be given vie (5) days prior
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written notice of such action and shall be compensated for professional services provided up to the date
of suspension, cancellation or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of Florida.
10. TERMINATION OF CONVENIENCE
Either the CITY or the ENGINEER may terminate the Agreement at any time by giving written notice to
the other of such termination and specifying the effective date of such termination at least thirty (30) days
before said termination date. If the Agreement is terminated by the CITY as provided herein, the
ENGINEER will be paid for services rendered through the date or termination.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and
year above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
~':B. t4~JI.
William B. Home, IT
City Manager
(Seal)
Attest:
Countersigned:
J
(Engineer must indicate whether
Corporation, Partnership, Company
or Individual.)
HDR Engineering, Inc.
William H. Wadsworth
sr~v'li pil,ent
By: , ~
(The person signing shall, in his
own handwriting, sign the Principal's
name, his own name, and his title;
where the person is signing for a
Corporation, he must, by Affidavit,
show his authority to bind the
Corporation).
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EXHIBIT A
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The OWNER shall pay ENGINEER and ENGINEER agrees to accept as full compensation for
its services (as established by Work Order) compensation as computed by one of the following
methods.
METHOD A - COSTS TIMES MVL TIPLIER BASIS
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual Raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs
Multiplier 3.10 includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be
based on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00.
METHOD B - LUMP SUM
Compensation in the form of "lump sum" shall be determined by mutual agreement between the
ENGINEER and the CITY. The lump sum amount shall be negotiated based upon a scope of
services developed by the ENGINEER and approved by the CITY.
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; Clearwater
o
EXHIBIT B
City of Clearwater Engineer Of Record - RFQ 21-03
2003 Direct Hourly Salary Rates
CATEGORY MINIMUM PROBABLE MAXIMUM
Sr. Vice President $62.00 $71.00 $94.00
Vice PresidentlOfficer-in-Charge $62.00 $56.00 $65.00
Proiect Manager/Assoc. PrinCipal $42.00 $47.00 $54.00
Construction Manager $32.00 $38.00 $48.00
Construction Engineer $24.00 $28.00 $36.00
Senior Engineer/Scientist $37.00 $41.00 $49.00
Engineer/Scientist (III-IV) $30.00 $33.00 $38.00
Engineer/Scientist (I-II) $22.00 $26.00 $33.00
Planner $27.00 $34.00 $42.00
Landscape Architect $28.00 $32.00 $41.00
Field Technician $17.00 $20.00 $25.00
Senior Desianer $24.00 $28.00 $34.00
Drafter/CADD Operator $16.00 $20.00 $24.00
Operations Specialist $22.00 $30.00 $39.00
Fiscal/Accountina $22.00 $26.00 $35.00
Administrative/Clerical $14.00 $17.00 $23.00
REQUESTED MULTIPLIER
3.10
SWORN STATEMENT PURSUANT TO SECI10N 287.133(3){a),
FLORIDA STATUTES. ON PUBLIC ENTIlY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
[print name of the public entity]
by William H. Wadsworth, P.E., Senior Vice President
[print indIvidual's name and title]
for HnR F.ngin~erin~. Inc.
[print name of entity submitting sworn statement]
.....hose business address is
2202 N. Westshore Blvd., Suite 250
TRrnpq. FL 33607
and (if applicable) its Federal Employer Identification Number (FEIN) is
47-0680568
(If the entity haS no FEIN', include the Soda! Security Number of the individual signing this
sworn statement:
.)
2. I understand that a 8public entity crime8 as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or materia! misrepresentation.
3. I understand that .convicted8 or .conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an .affiliate. as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or .
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term .affiliate. includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one .person of shares constituting a controlling interest in another person.
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Rorida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a .person" as defined in Paragraph 287. 133(1) (e). Florida Statutes. means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or. applies to bid on contractS for the provision of goods or services
let by a public entity, or which otherwise transactS or applies to transact business with a public entity. The
term .person" includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
S~b~g this sworn statement. [indicate which statement applles.] . .
A Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Rorida,
Division of Adm:in.istrative Hea..ings and the Fmal Order entered by the Hearing Officer determined t.h.:lt
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBUC ENTITY ID~ llJflliD IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC EN'ITIY PRIOR TO ENTERING
INTO A CONTRAcr IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY'IWO OF ANY CHANGE IN THE INFORMATION CONTAlNED IN THIS FORM.
Sworn to and subscribed before me this
2lo-ft.-.
day of
IfI,f)I, IJI~
[signature]
William H. Wadsworth, P.E.
Senior Vice President
J 1.-1 ~ -.e .~7..1J?3
Aw~ ~I
/ .
Notary Public - State of F lor I 0{ ~
My commission expires 9 / 0 <6
I
[;",s'(A.V'\ H-k'j.e.s
(printed typed or stamped
commissioned name of notary public)
~J\ Susan H.,.
. ~ j My Cemmillian 001'-
"'....'J Expires September 23, ZGOI
~
. Ced identification
(Type of identification)
Form PUR 7068 (Rev. .06/11192)
DRUG-FREE WORKPLACE POLICY
Drug abuse is a concern facing every part of our society. It is a costly and dangerous problem involving lost
productivity, increased absenteeism, poor perfonnance, more on-the-job injuries, higher medical costs and
rising crime rates. HOR, Inc. and its subsidiaries, hereinafter "HOR", is committed to providing its employees
a safe work environment and to promoting high standards of employee health. Equally important is HOR's
commitment to providing its clients the highest level of service.
Consistent with this philosophy, the manufacture, distribution, possession, use or unfitness for work because of
drugs is prohibited while you are working or while you are on HOR premises. "Drug" includes alcoholic
beverages and prescription drugs, as well as illegal inhalants and illegal drugs. This policy excludes
prescription drugs when taken as directed by a licensed doctor.
Although we realize drug abuse can be successfully treated and are willing to work with employees who may
suffer from such problems, it is the employee's responsibility to seek assistance before drug problems lead to
disciplinary action. Once a violation of this policy occurs, an employee's willingness to seek company or
outside assistance will not excuse the violation and will not necessarily prevent corrective disciplinary action.
It is a condition of your employment with HOR that you: 1) Abide by the terms of this policy and 2) Notify
HDR's Legal Department of any criminal drug conviction occurring in the workplace no later than five (5)
days after the date of such a conviction. This infonnation will remain confidential, except as necessary to
fulfill the requirements of this policy or to comply with applicable laws and regulations.
If you are so convicted or are found to be in violation of this policy in any manner you will be subject to
discipline and discharge and may be required, as a condition of your continued employment with HDR, to
satisfactorily participate in a drug abuse assistance or rehabilitation program that has been approved for such
purposes by a federal, state or local health, law enforcement or other appropriate agency. You will also be
placed on pennanent probation with HOR. A second conviction or policy violation will result in your
immediate termination from HOR
Drug and alcohol testing on a scheduled, random or cause basis may be implemented if required by a contract
with a client and where not prohibited by state law. Employees effected by such testing will be provided
additional details. A copy of the policy may be obtained from the Human Resources Department, HDR, Inc.,
8404 Indian Hills Drive, Omaha, NE 68114.
While we have no intention of interfering with the private lives our employees, we expect employees to report
to work in a condition that will allow them to perfonn their duties in a safe, effective and efficient manner.
Involvement with drugs off-the-job, as well as on-the-job, can present a substantial risk not only to the user but
to others and use of these drugs may be a sign of chemical dependency. Chemical dependency can be treated;
assistance regarding drug counseling and rehabilitation services may be obtained through the Employee
Assistance Program (where applicable) or by contacting your family physician, local hospital; a drug treatment
facility, local mental health agency or a member of the clergy. Human Resources or your supervisor can.be of
assistance in determining what insurance and company benefits are available to help.
CERTIFICATE
The undersigned hereby certifies that he is the Secretary of HDR Engineering,
Inc., a Nebraska corporation, and that, as such, has custody of the minute books of the
Corporation, and that, by Consent and Agreement of the Board of Directors dated May
14,2003, the following resolutions were unanimously adopted:
"RESOLVED, that effective immediately and until June 20, 2004, or until
termination of said individual from the Corporation, or until recision by the
Corporation's Board of Directors, whichever occurs first, the following
individuals are hereby granted the nondelegable authority to execute or
approve on behalf of the Corporation, contracts for engineering services and
architectural services incidental to engineering services to be rendered by
the Corporation, . .. or releases of claim or lien in connection with such
services, such contracts or releases so executed or approved shall be
binding upon the Corporation:
. . . Paul A. Bowdoin - Senior Vice President. . .
. . . Larry D. Low - Senior Vice President. . .
. . . Kirk A. Stull - Senior Vice President. . .
. . . William H. Wadsworth - Senior Vice President. . .
. . . Harold E. Lewis, Jr. - Vice President . . .
. . . Roger A. Hill - Authorized Representative. . ."
"RESOLVED, that the following are elected officers of the Corporation for
the ensuing year and, until their successors are elected and qualified:
. . . Paul A. Bowdoin - Senior Vice President. . .
. . . Greg M. Goodwin - Senior Vice President. . .
. . . Larry D. Low - Senior Vice President. . .
. . . Kirk A. Stull - Senior Vice President. . .
. . . William H. Wadsworth - Senior Vice President. . .
. . . Thomas W. Atkins - Vice President. . .
. . . Douglas L. Butler - Vice President. . .
. . . Donald J. Castro - Vice President. . .
. . . C. Edwin Copeland, Jr. - Vice President. . .
. . . Kevin Delange - Vice President. . .
. . . George T. Eliason - Vice President. . .
. . . Bruce G. Hasbrouck - Vice President. . .
. . . Tracy A. Hood - Vice President. . .
. . . Marilyn D. Jackson - Vice President. . .
. . . James W. Lee - Vice President. . .
. . . Harold E. Lewis, Jr. - Vice President. . .
. . . Kent L. McWaters - Vice President. . .
. . . Bruce N. (Neal) Poteet - Vice President. . .
. . . Ray E. Reissener - Vice President. . .
. . . Charles T. Sinclair - Vice President. . .
. . . David M. Taylor - Vice President. . .
. . . Theunis A. Vanderveen - Vice President. . .
. . . Stephen C. Wilson - Vice President. . .
. . . Louis J. Pachman - Secretary. . .
. . . Bonnie J. Kudron - Assistant Secretary."
The undersigned further certifies that the foregoing resolutions have been spread
in full upon the minute books of the Corporation and are in full force and effect.
I j
.2003.
~~~~
\~~RPORA r.iS..%,EAL)
\ "<,~'" . -,:~"'.
'. . . ..... ~.
'- r;Q"-~'
STATE OF NEBRASKA
COUNTY OF DOUGLAS
On this U $ day of r ,2003, before me, Bonnie J. Kudron,
personally appeared Louis J. Pac an, known to me to be the person who executed the
within instrument as Secretary of and on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
~~~
'- .
"'_N"
Bonnie J. Kudr ,Notary Public
~ERAl NOTARY-state of Nebraska
(NOT R SE.AagNNIE J. KUDRON
My COmtn. Exp. Dee. 20. 201M
PRODUCER
A CORD C DATE (MM/ODIYY)
no CERTIFICATE OF LIABILITY INSURAN E 06/01/2004 OS/27/2003
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DE B
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City Mo 64112-1906
(816) 960-9000
INSURERS AFFORDING COVERAGE
INSURED
1013472 HDR ENGINEERING, INC.
ATTN: LOUIS J. PACHMAN
8404 INDIAN HILLS DRIVE
OMAHA, NE 68114-4049
COVERAGES
SB
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
I~~~ POLICY EFFECTIVE POLICY EXPIRAnoN
TYPl' OF INSURANCE POLICY NUMBER LIMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1 000 000
A .x 3~ERCIAL GENERAL LIABILITY GL03S04S83 06101/2003 06101/2004 FIRE DAMAGE IAnv one fire' $ 1 000 000
I-- CLAIMS MADE W OCCUR MED EXP IAnv one ............\ $ 5000
PERSONAL & ADV INJURY $ 1 000 000
GENERAL AGGREGATE $ 1 000 000
n'L AGGRErii LIMIT APPlrii PER: PRODUCTS. COMPIOP AGG $ 1 000 000
POLICY X p'~g X Lnt'
.AYJOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
B .x ANY AUTO BAP3S04584 06101/2003 06101/2004 (Ee eccld.nl)"
- ALL OWNED AUTOS BAP3504S85 BOOIL Y INJURY
$ XXXXXXX
SCHEDULED AUTOS TAP3504586 (Per pefllOn)
-
X HIRED AUTOS BOOIL Y INJURY
- $ XXXXXXX
.x NON.OWNED AUTOS (Per eccident)
- PROPERTY DAMAGE $ XXXXXXX
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EAACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000
E ~. OCCUR D CLAIMS MADE BX052852174 06/01/2003 06/01/2004 AGGREGATE $ 1.000.000
==i ~ UMBRELLA (EXCLUDES PROF. LIAB) $ XXXXXXX
DEDUCTIBLE FORM s XXXXXXX
RETENTION $ $ XXXXXXX
C WORKERS COMPENSATION AND 90-14910-01 06/01/2003 06/01/2004 XIWCSTATU. I I~JH.
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1 000 000
E.L. DISEASE. EA EMPLOYEE $ 1 000 000
E.L. DISEASE - POLICY LIMIT $ 1 000 000
0 OTHER PLNI13978408 06/01/2003 06101/2004 PER CLAIM: $ 1.000,000. AGG:
ARCHS & ENGS PROFESSIONAL $ 1,000,000.
UABIUTY
DescRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSlONS ADDED BY EHOORSEMENTISPEClAL PROVISIONS
CERTIFICATE HOLDER I I ADnlTlONAL 'NSUDED' IN""D"D ETTER: CANCELLATION
312366 SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENOE/\'OR TO MAlL.lQ... DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, aIR" IWWRi TO DO SO SMALL
IMPClIE NO OBUGo'RON OR I.L\8llRY OF ANY KINO UPClN TME INIURE" In !.GENTS OR
REPREIENTAn",.
AUTHORIZED REPRESENTATIVE ~ .@ ~
I
ACORD 25-S (7/97) c ACOl(O CORPORATION 1988