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HomeMy WebLinkAboutJUB Engineers, Inc - WSDOT LAG Agreeement - 13007 Lewis Street OverpassLocal Agency Consultant/Address/Telephone Standard Consultant J -U -B ENGINEERS, INC. 2810 W. Clearwater Ave., STE 201 Agreement Kennewick, WA 99336 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number (509) 783-2144 FAX (509) 736-0790 J -U -B Ptj No. 30-10-020 Project Title And Work Description Lewis Street Overpass Federal Aid Number STPUS-HLP-3530(006) Provide design engineering services including Site Concept Layouts, BNSF coordination, Value Agreement Type (Choose one) ® Lump Sum Engineering Study, Geotechnical Investigation, Lump Sum Amount $ 1,484,000.00 roadway surveying, Y desi gn, structural design, and development of Plans, specification and Estimate ❑ Cost Plus Fixed Fee (PS&E). Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑ Actual Cost ❑ Yes ® No % Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 82-0290774 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ® No December 31, 2011 ❑ Specific Rates Of Pay Total Amount Authorized $ 1,484,000.00 ❑ Negotiated Hourly Rate El Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 1,484,000.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B -I DBE Utilization Certification ❑ Exhibit C Electronic Exchange of Data ® Exhibit D -I Payment -Lump Sum ❑ Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D4 Payment - Provisional ® Exhibit E-1 Fee - Lump/Fixed/Unit ❑ Exhibit E-2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G-1 Subconsultant Fee ❑ Exhibit G-2 Fee -Sub Specific Rates ® Exhibit G-3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ® Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -Ib Agency Official Certification ® Exhibit M-2 Certification - Primary ® Exhibit M-3 Lobbying Certification ® Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this /e, T iq day of June 1 2010 , between the Local Agency of City of Pasco , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Revised 3/2008 Page 1 of 8 /47/3 WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington 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 work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. 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 Federal, State, 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 work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan'. The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. 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." 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 this PROJECT, 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 PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion 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 under 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 or 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. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment 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 the 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 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60. 180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" 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 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 as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work 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 herein above, 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. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work 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 above. 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 it's employee's default 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 in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work 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 work 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination 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 de nova 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", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such 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 to such action shall 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. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against 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. Unless otherwise specified in the 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 terns of the 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 and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the 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 the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the 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 work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the 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 the 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 the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the 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. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1 (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII 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 an amendment to this AGREEMENT. XIX 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 agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 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 AGREEMENT. By+41 By Consultant J 04S EM & 10 E ER -S , T,,e— , Agency City of Pasco DOT Form 140-089 EF Revised 312008 Page 8 of 8 Exhibit A-1 Scope of Work Engineering Design Services Lewis Street Overpass City of Pasco PROJECT DESCRIPTION AND BACKGROUND The existing Lewis Street underpass was constructed in 1936. This existing two lane structure does not meet the needs of the community due to the restricted width and other safety issues. This project has been a high priority of the City over the years. In 2000, the City hired The Transpo Group to conduct a transportation study that looked at the traffic needs and options to the existing underpass. This was further evaluated in the 2009 Lewis Street Overpass Pre -Design Study by CH2MHILL. The basis of location and design this project will be the selected Alternative 2B from the Pre -Design Study. In April 2010, J -U -B ENGINEERS, Inc. (CONSULTANT) was selected by the City of Pasco (CITY) to provide design engineering services for the Lewis Street Overpass including the approaches and related utility infrastructure in support of this project. In general, the engineering phase will involve, but not be limited to, the following key components: • Site conceptual layouts for the use of use of right-of-way within the project including landscape features • Burlington Northern Santa -Fe Railroad coordination for the project and developing an agreement with the City • Value Engineering Study as required for a Federal Aid project of this magnitude • Performing geotechnical investigation • Roadway and refinement of the design at the west end of project at 2nd Avenue. • Structure design • Project Coordination of any identified right-of-way mitigation • Completing final plans, specifications, estimate, (PSftE) and for the project DUTIES AND RESPONSIBILITIES OF CONSULTANT TASK 1 - PROJECT ADMINISTRATION CONSULTANT shall oversee project tasks and coordinate with CITY representatives to manage the scope, schedule and budget for the preliminary engineering phase. Subtask 1.1 - Contract Administration, Invoicing, and Progress Reports 1. Prepare and submit monthly invoices. Prepare a brief progress report to accompany the monthly invoices. CONSULTANT shall monitor the status of the budget and take 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 1 corrective actions to correct undesirable budget trends involving the CITY if scope is impacted. 2. Prepare a project design schedule. The schedule shall identify CONSULTANT tasks and items provided by CITY and other consultants. The schedule shall be updated every other month or as circumstances require or as requested by the CITY. The design will be 80% to 90% complete for BNSF final review within 12 months. 3. Project Management. General coordination with client, subconsultants, other consultants, and stakeholders and ongoing monitoring of tasks and resources. 4. Maintain all contract -required documentation. Provide copies of project files and records to the CITY for audits and public information requests. All final documents shall be provided in electronic format as requested. Documents will meet WSDOT Local Agency Guidelines (LAG) requirements. Deliverables: ❑ Monthly invoices and Project Status Reports. ❑ Project Design Schedule and updates ❑ Subconsultant agreements ❑ Project Documentation Subtask 1.2 - Meetings It is assumed that there will be various meetings requiring the CONSULTANT to prepare information, participate and document outcomes. Subconsultant team members shall attend meetings as related to their specific tasks as requested by CONSULTANT. The anticipated meetings are as follows: 1. Project kickoff meeting with City staff, and others to be determined in consultation with the CITY. Others may include other Consultants representing ongoing Environmental and Right -of -Way Tasks for the City. The purpose of the meeting shall be to review and modify the draft project schedule/plan prepared by the CONSULTANT. 2. A total of 12 monthly progress meetings to discuss and resolve project issues as they arise. It is anticipated that these meetings will be a combination of phone conference calls and in person meeting depending on the agenda. 3. For budgetary purposes man-hours are estimated for other agency meetings such as WSDOT. Deliverables: ❑ Meeting Agenda and Minutes. 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 2 TASK 2 - SITE CONCEPTUAL LAYOUT CONSULTANT shall develop up to three conceptual plans showing overall project layout including landscape features and usage of all land within the project limits with emphasis on the west end of the project. Landscape and streetscape features will include potential parking, retaining wall options, lighting themes, public areas and/or aesthetic features compatible with the downtown vision. The CITY may provide input that will be included in CONSULTANT's evaluation and concept development. CONSULTANT will provide a landscape architect to develop three conceptual renderings and recommendations for landscaping. Deliverables: ❑ Conceptual Site Layout ❑ Presentation to Council prior to 30% Design TASK 3 - BNSF COORDINATION Subtask 3.1 - Design and Plan Review CONSULTANT shall provide ongoing communication with BNSF during the Preliminary Design and Final Design for this project. It is anticipated that the majority of the meetings will consist of phone conference calls. CONSULTANT may need a personal meeting to facilitate review and approval. CONSULTANT will coordinate with CITY and BNSF the railroad agreement and provide technical support in representing the CITY's interest. Subtask 3.2 - Subconsultant Coordination CONSULTANT shall coordinate access and work within BNSF right-of-way for geotechnical investigation and surveying by subconsultants. Costs for railroad flaggers and any permits will be provided by the City. Deliverables: ❑ BNSF/CITY Agreement for Construction Authorization. TASK 4 - VALUE ENGINEERING STUDY Subtask 4.1 - Roadway Review Et VE Packet CONSULTANT shall use topographic information to layout the geometric plan and profile based on the location of Alternative 2B from the Pre -Design Report. Refinements to the alignment will include evaluation of the west tie-in to 2n" Avenue. CONSULTANT shall verify design requirements and identify potential design deviations. CONSULTANT shall compile a VE packet of information including the following: ❑ Design Cross Sections ❑ Plan 8 Profile Sheets ❑ CH2MHILL Pre -Design Study (Provided by CITY) ❑ Structural Concept Plan from Task 3.1 ❑ Aerial exhibit showing proposed project limits 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 3 ❑ Opinion of Probable Costs Subtask 4.2 - VE Study Value Engineering Services Transworld (VEST), under a subconsultant agreement with the CONSULTANT, shall provide Value Engineering Study facilitation. CONSULTANT shall participate in the VE Study by conducting a project presentation at the VE Kickoff meeting and participation in the conclusion meeting. In addition CONSULTANT shall provide a senior Level Structural Engineer to participate on the VE Study team. CONSULTANT will assist in recruiting local agency representatives to participate on the VE Study Team. Following the VE Study CONSULTANT shall evaluate the VE suggestions and determine the feasibility and verify cost assumptions. CONSULTANT shall make recommendations as to which VE items to incorporate into the preliminary design. CITY will determine which if any recommendations to accept. Deliverables: ❑ VE Study packet ❑ Design Criteria and Potential Deviations ❑ VE Study Report (VEST) ❑ VE Study Recommendations TASK 5 - PRELIMINARY DESIGN Subtask 5.1 - Data Collection 13 Base Map Update CONSULTANT will conduct site visits, take project photos and conduct field and office verification of survey data represented in project base map. CONSULTANT shall verify CADD standards. During the course of the project, it is likely the base map will be expanded to include additional data to support design features not yet determined. Deliverables: ❑ Base map update ❑ Project Photos Subtask 5.2 -Traffic Analysis CONSULTANT shall conduct a limited traffic analysis to estimate the volumes and traffic movements at the beginning of the project at 2nd Avenue in order to provide alternatives for that location. It is assumed that a study, outside the limits of this scope of work, will determine the extension of a one-way couplet thru downtown and will be in place at the time of construction for this project. Subtask 5.3 - Preliminary Intersection & Traffic Signal Layout 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 4 The Oregon Ave/Lewis Street Signal will require modifications. CONSULTANT shall provide geometric layout for the intersections revision. Oregon Ave (SR397) will require coordination with WSDOT and preparation of an intersection plan following WSDOT requirements. CONSULTANT shall provide detailed intersection plans for the 70% Submittal including ADA requirements and signal design. Deliverables: ❑ 30% Submittal Intersection Plan for Approval per WSDOT Checklist (Oregon Avenue/Lewis St.) ❑ 70% Submittal - Detailed Intersection Plan with Signal Design. Subtask 5.4 - Roadway Preliminary Design CONSULTANT will further refine the horizontal alignments, vertical profiles, and roadway sections. CONSULTANT will develop alternatives for the westerly terminus with 2nd Avenue and Lewis and Clark Streets primarily addressing right-of-way constraints and access to local streets and businesses. Earthwork quantities will be computed for each alignment. Retaining wall types, sizes, and Locations will be evaluated and compared to construction slopes and slope treatment options. Preliminary intersection plans, including channelization, will be developed and access for local streets addressed. Roadway safety elements will also be identified. Deliverables: ❑ Alignment alternatives within available right-of-way ❑ Preliminary intersection/channelization plans for westerly terminus ❑ Preliminary retaining wall locations and slope alternatives ❑ Preliminary layout of guardrail and barriers ❑ Preliminary layout of sidewalks and paths Subtask 5.5 - Drainage Preliminary Design CONSULTANT will develop storm drainage design criteria utilizing the CITY procedures and standards in accordance with Eastern Washington Stormwater Manual. CONSULTANT will design and model a storm drainage system that satisfies those criteria. CONSULTANT shall Layout a conceptual plan utilizing storm detention swales or ponds to be incorporated into the site concept layouts. This information will be compiled into a Storm Drainage Memorandum documenting the design assumptions. This scope assumes all of the storm drainage improvements will be within City right-of-way. Deliverables: ❑ Storm Drainage Memorandum ❑ Storm drainage system layout 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 5 Subtask 5.6 - Utility Coordination CONSULTANT will research and identify existing utilities in the project area that may be affected. CONSULTANT will contact utilities and request their verification of location data. CONSULTANT will update utility information in the survey base map. During design, CONSULTANT will coordinate potential mitigation measures for conflicts and identify associated costs. Assumptions: Deliverables: • CITY will provide to CONSULTANT utility plans, GIS and other supporting documents for City utilities potentially affected by this project. • Utility design location fees, if any, are not included in CONSULTANTS costs and will be paid by the City if required. • Other than CITY owned utility adjustments, relocation design is not part of CONSULTANT scope of work. ❑ Existing utilities identified and included in survey base map. ❑ Documentation of meetings with utilities to determine locations, potential conflicts, and mitigation measures. (Assume 4 meetings) ❑ Cost estimates for utility relocation or impacts as applicable. Subtask 5.7 - Street lighting Layout CONSULTANT will prepare a preliminary illumination layout for the project. CONSULTANT shall present decorative street light alternatives to City as part of the site concept layouts. CONSULTANT shall perform illumination modeling to determine the spacing and lighting intensities based on the selected street light type. Deliverables: ❑ Preliminary illumination design (30% Design) ❑ Alternative street light examples and costs (Include with Site Concept) Subtask 5.8 - Traffic Control Phasing and Detour Design CONSULTANT will develop construction phasing sequences and traffic control plans to accommodate the efficient construction of the overpass structure while minimizing impacts to the downtown area. CONSULTANT will provide detour layout and traffic control strategies to the City and meet to discuss options. Deliverables: ❑ Construction Schedule ❑ Work Zone Traffic Control Strategy and Detour 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 6 ❑ Preliminary Traffic Control Plans Subtask 5.9 - Roadway Preliminary plans CONSULTANT will prepare preliminary plan sheets for review by the CITY. The preliminary plans are intended to represent approximate 30% design level for the initial submittal and 70% complete plans for the 2nd Preliminary Design submittal. Deliverables: ❑ Roadway section plan sheets ❑ Roadway plan/profile sheets ❑ Site preparation plan sheets ❑ Existing utility plans ❑ Pavement marking plans (70% only) ❑ Illumination/Signing plans (70% only) ❑ Retaining wall plans/profiles (70% only) ❑ Drainage plans ❑ Traffic Signal Plan (Oregon Ave/Lewis St) Subtask 5.10 - Preliminary Design Opinion of Probable Cost CONSULTANT will develop an Opinion of Probable Costs based on preliminary design quantities. Estimates will be compared to historic bid records of local agency projects and WSDOT records. Deliverables: ❑ Preliminary Opinion of Probable Costs 30% Submittal ❑ Preliminary Opinion of Probable Costs 70% Submittal Subtask 5.11 - Outline Specifications (70% Submittal) CONSULTANT will develop an outline for the anticipated specifications and special provisions needed. This initial list will help refine the 70% cost estimate and anticipated special design features that will be carried into final design tasks. Deliverables: ❑ Outline Specifications 70% Submittal Subtask 5.12 - Quality Assurance The CONSULTANT shall provide quality assurance/quality control (QA/QC) for all design work in accordance with the CONSULTANT's QA/QC standards. Deliverables: 30-10-020/Lewis Street SOW - 5-18-10 Am Page 7 ❑ QC documentation for design work 30% Submittal ❑ QC documentation for design work 70% Submittal Subtask 5.13 - Submittals The CONSULTANT shall periodically assemble work products from all team members and submit them to the CITY for review and comment. The anticipated submittals and intended purpose of each is described below. 30% Preliminary Design Submittal - This submittal shall provide all design information required to confirm the project footprint is within the proposed right-of- way and incorporates the environmental commitments. This submittal is typically referred to as 30 percent submittal but the percent complete of various aspects of the projects design will be more or less than 30 percent, as required, to meet the objective of the submittal. This submittal essentially completes the overall design Layout, footprint, and geometrics of the project and establishes all decisions required to generate construction details necessary to prepare a construction contract. A preliminary opinion of probable cost will be prepared representing a 15% contingency. CONSULTANT will update City Council as to progress and costs. 2. 70% Preliminary Design Submittal - This submittal shall have all important details needed to construct the project, identify all anticipated pay items, and provide outline specifications. This submittal is more or less than 70 percent complete. An updated opinion of probable cost representing 10% contingency will be provided. CONSULTANT will update City Council as to progress and costs. Deliverables: ❑ 30% Preliminary Plans and Estimate ❑ 70% Preliminary Plans, Estimate, and Specifications Outline ❑ Council Update 30% ft 70% TASK 6 - STRUCTURES PRELIMINARY DESIGN CONSULTANT will provide the structural design including the overpass bridge superstructure, substructure piers and foundations and structural walls. Design criteria will be researched and verified for the bridge design in accordance with AASHTO LRFD and the WSDOT Bridge Design Manual. A bridge cross section and profile will be developed based on the preliminary design of the bridge. Appropriate under -bridge clearances will be verified. A preliminary layout plan (SELL) will be developed and submitted for review by CITY. Subtask 6.1 - Structural Review CONSULTANT will perform field review of existing structures. CONSULTANT will produce a concept plan showing the recommended option to submit directly to Burlington Northern and Santa Fe Railway (BNSF) for review and comment. Assumptions: 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 8 Deliverables: • Field review will be made by the structural lead, PM, PE and roadway design lead. • If, during the preliminary design process, changes are required resulting in a more complicated structure, a supplemental agreement will be required. ❑ Concept Plan for BSNF review Subtask 6.2 - Demolition/Burial of existing Lewis Street underpass CONSULTANT will review the existing Lewis Street Railroad Underpass structure with respect to burial or demolition. The existing plans will be reviewed and recommendations regarding the burial or demolition of the structure will be presented to the City. If a portion of the existing underpass structure is to remain to be used for other purposes (such as a utility tunnel) then a limited amount of structural analyses may be required to verify the adequacy of the structure for those purposes. Some modifications to the structure may be required. Special Provisions and details for the burial or demolition of the existing underpass structure will be developed. Assumptions: Deliverables: • Construction plans of the existing underpass structure are available. • Analysis can be done from the existing plans. No field verification of structural details (such as steel reinforcing, member sizes, and concrete strength) is necessary. • No additional geotechnical investigation will be required. ❑ Special provisions and modifications to standard specifications for burial or demolition of the existing underpass structure, formatted for insertion in the final design bid specifications package. ❑ Construction details for modification of the existing structure as needed. Subtask 6.3 - Prepare, QC B Submit Preliminary SBL CONSULTANT shall prepare preliminary SBL sheets based on the chosen location of option 2B from Pre -Design Study and provide QC for the Preliminary SBL. Make adjustments from QC review and submit draft SBL. Assumptions: • The recommended option 2B (from Pre -Design Study) is approved by CITY and BNSF. 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 9 Deliverables: ❑ Draft S&L for the Lewis Street Overpass (5 hard copies.) Subtask 6.4 -Prepare, QC & Submit Final S&L CONSULTANT will make adjustments from CITY review. QC final S&L. Make adjustments from the QC review and furnish hard copy to CITY. Assumptions: Deliverables: • CITY will complete reviews and place their comments onto electronic comments sheets (provided by CONSULTANT). These comments will be provided to CONSULTANT in Word format at least 2 business days prior to a review meeting. CONSULTANT will provide responses to comments at the review meeting. • CITY and CONSULTANT will meet to discuss the comments from the review. • CONSULTANT will add the intended actions based on the review comments to the comment sheets and submit it to CITY for review/ approval. • One resubmittal is included in the scope. ❑ Final S&L for the Lewis Street Overpass (5 hard copies.) Subtask 6.5 - Submit S&L to BNSF for Review Assumptions: Deliverables: • CONSULTANT will submit S&L sheets directly to the BNSF for their review and comment. • Once BNSF comments are received, they will be shared with CITY. • An action plan to address BNSF comments will be produced. • BNSF comments will be addressed and responses will be submitted to CITY for review. • No resubmittal of S&L to the BNSF will be required as they will look for their changes on the final design plans. ❑ S&L package for BNSF review. ❑ Comment sheet produced with BNSF comments listed and actions to be taken. ❑ Action plan for addressing BNSF comments. Subtask 6.6 -Lewis Street Overpass Design, QC, & Prepare Superstructure Plans 30-10-020/Lewis Street SOW - 5-18-10 A= Page 10 CONSULTANT shall develop Superstructure plans and prepare calculations for the Superstructure. An independent QC review by CONSULTANT of the superstructure plans and calculations will be completed, and changes made. Assumptions: Deliverables: • S&L is approved by BNSF prior to this task. ❑ Draft superstructure design. Subtask 6.7 - Design, QC, & Prepare Substructure Plans CONSULTANT shall develop substructure plans and prepare calculations for the substructure. An independent QC review of the substructure plans and calculations will be completed, and changes made. Assumptions: Deliverables: • S&L are approved by BNSF prior to this task. ❑ Draft substructure design. Subtask 6.8 - Prepare Bridge Summary Sheets CONSULTANT shall determine bridge unit items and quantities and bridge summary sheets will be produced for this structure. An independent QC review of bridge items and quantities will be performed. Adjustments from the QC review will be made. Assumptions: • Plans will be developed as a part of the overall bid package. • Quantity calculations will be provided in final design package. Deliverables: ❑ Bridge Summary Sheets. Subtask 6.9 - Prepare Bridge Special Provisions The WSDOT standard specifications along with special provisions and modifications will serve as the project specifications. CONSULTANT will produce the special provisions and modifications to the standard specifications. An independent QC review of the bridge special provisions and modifications will be completed, and changes made. Deliverables: ❑ Bridge specific special provisions and modifications to standard specifications formatted for insertion in the final design bid specifications package. Subtask 6.10 - Prepare Bridge Engineer's Opinion of Probable Cost 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 11 CONSULTANT shall provide a unit cost analysis based on WSDOT Average Unit Bid Prices, recent similar projects in the area and engineering judgment. An independent QC review of the bridge engineer's estimate will be completed, and changes made. Assumptions: Deliverables: • Unit bid prices will be based on WSDOT Average Unit Bid prices, recent similar project bids (supplied by CIP) and engineering judgment. ❑ Bridge Engineers Opinion of Probable Cost Subtask 6.11 - Submit Drawing to BNSF for Review/Approval CONSULTANT shall submit final design plans to the BNSF for their review and approval within 12 months of notice to proceed. The railroad agreement will be negotiated for permanent and temporary easements by CITY. It is anticipated that one resubmittal addressing BNSF's comments will be necessary. Assumptions: Deliverables: • CONSULTANT will be working directly with BNSF for submittals and reviews. • CONSULTANT will provide copies of all BNSF submittals CITY Utilities Coordinator. • CONSULTANT will compile all BNSF comments into a single review document. • CONSULTANT will list actions intended to be taken for each review comment and provide the actions to CITY and BNSF. • Modifications will be made as shown on actions list. • The package will be resubmitted to BNSF (only one resubmittal is included in this scope). ❑ BNSF final design for approval and inclusion in the BNSF/CITY utility agreement. Subtask 6.12 - Compile, QC & Submit Draft PS&E CONSULTANT shall and constructability check will be made. Adjustments from the QC and constructability review compile the PS&E package in coordination with the roadway plans and specifications. A final QC will be made and the draft PS&E package will produced. Subtask 6.13 - Compile, QC, It Submit Final PS& E 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 12 CONSULTANT shall compile comments from the PSl3E review and CONSULTANT's recommended action will be added. It is expected that these action items can be reviewed by CITY electronically and no meeting will be required. The final PSH package will be compiled. A final QC and constructability check will be made. Adjustments from the QC and constructability review will be made and the final PSFtE package will be produced. (10 hard copies.) Assumptions: Deliverables: CONSULTANT will prepare Final PSH Package. ❑ 10 copies of Final PSH Package. Subtask 6.14 - (Structural) Bid Assistance CONSULTANT Structural staff will be available to assist in responding to contractor questions during the bidding process. TASK 7 -FINAL DESIGN Subtask 7.1 - Roadway design CONSULTANT will incorporate review comments from preliminary plans and complete the channelization design, earthwork design, and retaining wall design and roadway geometrics. Deliverables ❑ Final earthwork quantities ❑ Final retaining wall design ❑ Final roadway geometrics ❑ Channelization plan Subtask 7.2 - Traffic design CONSULTANT will incorporate review comments from preliminary illumination, signal design and signing plans. For clarification and simplicity Illumination and signing plans may be combined. Signal and illumination foundation design will be based on geotechnical recommendations and WSDOT and City standard details. Deliverables ❑ Final Illumination design ❑ Signing design and plans ❑ Traffic Signal Details 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 13 Subtask 7.3 - Contract plan sheets CONSULTANT will prepare final plan sheets incorporating all review comments from the preliminary design. The following are the anticipated plan sheets. Deliverables ❑ Index ❑ Vicinity Map ❑ Roadway Sections and details ❑ Stage construction plans ❑ Alignment plan and profiles ❑ Quantity Tabulation sheets ❑ Site preparation plans ❑ TESC plans ❑ Drainage plans ❑ Structure notes ❑ Drainage details ❑ Bridge Substructure Plans and Details ❑ Bridge Superstructure Plans and Details ❑ Barrier Details ❑ Structural Details ❑ Landscape plan (if needed) ❑ Pavement Marking plans ❑ Illumination plans ❑ Signing plans ❑ Retaining Wall Plans and Details ❑ Traffic Signal Plans and Details ❑ Traffic Control plans ❑ Detour plans ❑ Miscellaneous plans Subtask 7.4 - Contract provisions CONSULTANT will prepare general contract provisions and project special provisions in accordance with WSDOT standards. Contract special provisions will be reviewed and approved by the AGENCY and WSDOT. 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 14 Deliverables ❑ Preliminary contract provisions ❑ Final contract provisions Subtask 7.5 - Engineer's Opinion of Probable Cost CONSULTANT will develop a final Engineer's Opinion of Probable Cost based on final item quantities. Roadway and structural items will be combined into one document. Deliverables: ❑ Final Engineer's Opinion of Probable Cost Subtask 7.6 - Quality Assurance The CONSULTANT shall provide quality assurance/quality control (QA/QC) for all design work in accordance with the CONSULTANT's QA/QC standards. Deliverables: ❑ QC documentation for design work 100% Submittal ❑ QC documentation for design work Ad Ready Submittal Subtask 7.7 - Submittals The CONSULTANT shall provide complete PSBE submittals representing work products from all team members and submit them to the CITY for review and comment. The anticipated submittals and intended purpose of each is described below. 1. 100% Submittal - This submittal shall represent a complete set of the construction contract incorporating the CITY's Final Design comments and a final form of contract specification including amendments, GSP and Special provisions. This submittal will be provided to the CITY and WSDOT to obligate construction funds for the project. An updated opinion of probable costs without contingency shall be provided. 2. Ad Ready Submittal - This submittal shall incorporate anticipated minor comments by the CITY and/or WSDOT necessary for advertising the project for construction. Updated Engineer's Opinion of Probable Cost will be provided to the CITY. The CITY will pay for bid advertisement. Deliverables: ❑ 100% PSH Submittal ❑ Final Ad Ready Bid Documents Subtask 7.8 - (Roadway) Bid Assistance CONSULTANT will provide construction and design experts who worked on the project to be available in responding to contractor questions during the bidding process. 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 15 PROJECT ASSUMPTIONS The following assumptions will apply to this Scope of Work: 1. Right-of-way and easements negotiations and acquisition services are to be provided by others and will be completed prior to advertisement for construction. 2. Environmental Documentation and permitting will be completed by others. No environmental mitigation is anticipated or included in this scope. No environmental studies are included such as for noise and light mitigation. 3. Preliminary and final plans for review will be produced on 11 x 17 sheets. 4. One set of AD ready PSftE plans will be provided on full size Mylar. 5. Prior to construction all existing buildings within the project limits will be demolished and the site leveled as provided by the CITY. Design scope assumes the entire proposed site right-of-way will be accessible by possession and use. CONSULTANT scope does not include environmental mitigation including hazardous materials evaluation or cleanup. 6. This project will be designed based on the assumption that the one-way couplet for Lewis ft Clark Streets will be in place. 7. This project will be designed for construction under a single PSH bid contract. 8. All BNSF costs including railroad flaggers will be paid by the CITY. 9. Project schedule is dependent on BNSF review and could also be impacted by environmental and right-of-way phases done by others. CONSULTANT shall provide an initial project schedule as a baseline. 10. In the event of litigation, the prevailing party shall be awarded their reasonable attorney's fees as additional judgment against the other party. ADDITIONAL SERVICES This section of the agreement is for additional work not identified in the CONSULTANT Scope of Work. Potential additional scope the CITY may consider is public involvement, traffic reviews for the downtown one-way couplet, realignment of existing streets such as 2nd Avenue, or other services requested by the CITY. SUB -CONSULTANT SERVICES There will be sub -consultants in the design of this project. The sub -consultants that have been identified for this project are: 1. Strata - Geotechnical Engineering Services. 2. Permit Surveying - Control Surveying 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 16 3. White Shield Inc. - Laser Scanning Survey 4. Value Engineering Services Transworld - Value Engineering SURVEYING Control and Right-of-way surveys will be provided by Permit Surveying under a subconsultant agreement with the CONSULTANT. Site Plan and High Definition Scanning will be provided by White Shield, under subconsultant agreement with the CONSULTANT. Control and Right -of -Way Surveys, Permit Surveying Permit Surveying will establish the primary survey control (horizontal and vertical), and perform a retracement survey of the project area streets and BNSF Railroad Right -of -Way. Project limits are shown in exhibit A. A Record of Survey for the project area will be filed with the Franklin County Auditor. Individual owner parcels will be plotted based on existing surveys and descriptions of record. No owner title reports are planned for this phase of the project. Control will be set off the traveled surface and accessible for mapping effort (maximum intervisible interval 550'). For mapping use, at street intersections 2 control points will be established in different quadrants. Differential levels will be run looping through all primary control points utilizing published NGS and/or City benchmarks. Datum and coordinates are defined in the deliverables. Site Plan, White Shield Inc. White Shield will prepare a base map site plan of the project limits shown in the Survey Limits Exhibit. General coverage will extend to building faces and 100' from the center of street intersections. Interior portions of two blocks will be included and is shown on the Survey Limits Exhibit. Utility information will be based on City provided as -bunt's, One -Call Locate, and visible surface evidence. Once specific areas are identified, Ground Penetrating Radar (GPR) is available for accurate locates (not in this scope). Manhole, catch basin, etc. inverts and pipe size/material will be shown. Low wire elevations at the pole/ building anchor will be noted. Additional information can be added based on the HDS scans at a later time (not included in this scope). Work inside of the BNSF Right -of -Way is limited to FIDS collected data at this time. After final alternative is defined, detailed surveys for BNSF utility lines and obscured topo areas will be completed under a separate budget. Railroad Safety Certification will be required and site access coordinated with BNSF. Project specific items: • Trees over 12" will be located with drip line noted. • Main entrance first floor elevations 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 17 High Definition Scanning (HDS), White Shield Inc. White Shield Inc., to the greatest extent possible, will use scanning techniques to collect building face detail, overhead utility lines, utility poles, signs, planimetrics, and DTM features. Building face detail will be a high resolution scan (0.02'hz. x 0.02' vt. @ 100'). General parking lots, street, and railroad areas will be scanned at a medium resolution (0.05'hz x 0.05' vt. @ 100'). Onboard digital pictures will be collected at all scan setups. Individual scan setups will be registered to the project control. Scans will be oriented from pedestrian walkways from both sides of street. This will capture detail at base of buildings and upper levels of structures for future detail mapping. Building detail in the site plan will show main building footprint, eave overhangs on street side, building eave elevation, and location of doorways. Additional information is available in the HDS data and can be drafted/modeled at a later time (not in this budget) Limited detail will be collected in the Lewis Street Underpass portion of the project. Scans will be oriented from the traveled way (not pedestrian sidewalk). Scanning and utility locates will require a one -lane closure. Traffic control will be provided by the CITY. Deliverables: ❑ Hardcopy of the retracement Record of Survey, with corresponding electronic drawing files and reference files showing boundary and owner information. ❑ Standard ASCII file (P,N,E,Z,D) of all control points with datasheets of published control that was used. ❑ Level loop closure and adjustment report, hardcopy or PDF format. ❑ All drawing files will be in Microstation XM format, including all attached images and reference files. ❑ Mapping units: Horizontal - Washington Coordinate System, South Zone, NAD 1983/91, Vertical - NAVD 1988, Units - U.S. Feet ❑ Drafting requirements: Scale 1 "=20', Contour Interval 1 foot with spot elevations. The layer naming convention will be based on APWA CADD standards. Survey Limits Exhibit 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 18 GEOTECHNICAL ENGINEERING EVALUATION Strata under a subconsultant agreement with the CONSULTANT will provide geotechnical engineering services for design of the Lewis Street Overpass per the attached Proposal dated May 11, 2010. VALUE ENGINEERING Value Engineering Services Transworld (VEST) under a subconsultant agreement with the CONSULTANT, will provide facilitation for a value engineering study. 30-10-020/Lewis Street SOW - 5-18-10 .doc Page 19 Exhibit D-1 Payment (Lump Sum) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section 11, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. The estimate in support of the lump sum amount is attached hereto as Exhibit "D" and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting services for this PROJECT shall be on the basis of a lump sum amount as shown in the heading of this AGREEMENT. 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 Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "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 costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rate, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, 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) 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) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. DOT Fon 140-089 EF Exhibit D-1 Revisetl 01/09 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) 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 contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E-1 Consultant Fee Determination - Summary Sheet Lump Sum Project: Lewis Street Overpass, City of Pasco Direct Salary Cost (DSC): File: Lrais Sl Overpeo-4 Pers4ndqur Estunate - 518-10 as Fees FxhiCil F 1 2010 Rates Classification Man -Hours Rates of Pay Costs Principal 26.0 $76.08 51,978.08 Kennewick Transportation Manager 428.0 $56.51 $24,186.28 Project Controller 254.0 $47.65 $12,103.10 Project Engineer 732.0 S39.10 $28,621.20 WQA Manager 124.0 $35.10 54,352.40 Transportation Planner 64.0 $42.64 52,728.96 Structural Lead 1233.0 $53.03 $65,385.99 Structural Engineer 1969.0 $34.85 $68,619.65 Structural CADD 1889.0 $22.73 $42,936.97 Structural QC Engineer 316.0 $53.03 $16,757.48 Structural Survey/Tech 146.0 536.36 $5,308.56 Construction Manager 164.0 $43.56 $7,143.84 Landscape Architect 186.0 $36.72 $6,829.92 Traffic Engineer 120.0 $45.67 $5,480.40 Traffic Signal Designer 168.0 $33.89 $5,693.52 Design Engineer 1110.0 530.40 $33,744.00 EIT 1176.0 $28.24 $33,210.24 CADD Technician 1040.0 $18.86 $19,614.40 Clerical 253.0 $20.50 55,186.50 Total DSC = $389,881.49 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 186.72% _ 5727,986.7Z $1,117,868.21 Profit 15.00% 5167,680.23 Total DSC, OH & Profit $1,285,548.44 Reimbunables: Travel and Per Diem Per Diem 6 days ® $40.00 $240.00 Air Travel 6 trips 0 $850.00 551100.00 Mileage 1000 miles® 50.52 $520.00 Lodging 6 nights ® S80.00 $480.00 Car Rental 2 days @ $80.00 $160.00 Traffic Control $2,500.00 Electrical Engineer 53,500.00 Reproduction/Mailing Expenses Plan Copies $1,200.00 FedEx $1,200.00 Exhibit Mounting 5500.00 Communications $0.00 Conference Calls 0 each p $12.00 $0.00 Reimbursable Sub -Total $15,400.00 Subconsultant Costs: Strata $86,063.00 Permit $14,500.00 White Shield $74,158.00 VEST $81000.00 Subconsultant Costs $182,721.00 Grand Total $1,483,669.44 Grand Total (Rounded $1000) $1,484,000.00 Prepared by: Rick Door Date: 6/1/2010 File: Lrais Sl Overpeo-4 Pers4ndqur Estunate - 518-10 as Fees FxhiCil F 1 Exhibit F Breakdown of Overhead Cost J -U -B ENGINEERS, INC. FRINGE BENEFITS Direct Labor Beginning Total $389,881.49 % of Direct Labor FICA $52,945.91 13.58% Unemployment $3,313.99 0.85% Medical Aid and Industrial Insurance $2,768.16 0.71% Company insurance and Medical $53,647.69 13.76% Vacation, Holiday, and Sick Leave $69,125.99 17.73% Commission, Bonuses/Pension Plan $125,268.92 32.13% Total Fringe Benefits $307,070.66 78.76% General Overhead: State B &0 Taxes $6,744.95 1.73% Insurance $16,336.03 4.19% Administration and Time Not Assignable $235,098.54 60.30% Printing, Stationery, and Supplies $13,372.94 3.43% Professional Services $16,491.99 4.23% Travel Not Assignable $14,971.45 3.84% Telephone and Telegraph Not Assignable $13,177.99 3.38% Fees, Dues, Professional Meetings $3,197.03 0.82% Utilities and Maintenance $13,216.98 3.39% Professional Development $6,160.13 1.58% Rent $32,009.27 8.21% Equipment Support (computer); Depreciation: Computer 1 $35,986.06 9.23% Cost of money $9,045.25 2.32% Office Miscellaneous, Postage $5,107.45 1.3191. Total General Overhead $420,916.06 107.96% Total Overhead (Fringe + General) $727,986.72 186.72% Overhead Rate (Total Overhead/Direct Labor) 1.8672 Overhead Based on Year Ending December 31, 2009 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: 1) Permit Surveying, Ina-- Control & right-of-way survey per the scope -of work in Exhibit A-1. 2) White Shield, Inc. - Site.Plan_& llighDefiinition_Scamung (EDS) per the..Scope of W_orkExhihit Al. 3.) STRATA, A ProfessionalService_Corporation --Geotechnical. Engineering.Evaluation perletterscope of work dated May 11, 2010. 4) Value Engineering Services _Transworld_(VEST) - Value_ Engineeringfacilitation.per the.Scope_of Work Exhibit A - DOT Form 149-089 EF Exhibit G Revised 6105 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: LEWIS STREET OVERPASS Sub Consultant: PERMIT SURVEYING, INC. Direct Salary Cost (DSC): Classification Man Hours Professional Land Surveyor 30 Cad Drafting/Research 16 Party Chief 63 Chainman 63 Rate cost X 25.50 S 765.00 X 15.50 248.00 x 16.00 1008.00 x 12.25 771.75 X X X X X Total DSC = $ 2792.75 Overhead (OH Cost — including Salary Additives): OHRate xDSC of 395.14 %x$2792.75 = 11035.27 Fixed Fee (FF): FFRate xDSC of 24.06 %xS2792.75 = 671.98 Reimbursables: Itemized = _ n nn SubConsultant Total = 14,500.00 Prime Mark-Up 0 % X 0.00 = 0.00 Grand Total = 14, 500.00 Prepared By Christopher C. Ammann, PLS Date: 03 June 2010 DOT Fpmt4bOPeaEFeEsa'Mident - Permit Surveying, Inc. Redud al0] Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title PERMIT SURVEYING. INC. $ Beginning Total 414 of Direct labor Direct Labor 108805. 10096 Overhead Expenses: FICA 24297. 22.33 General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable -- _ - Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance 9951. 24144. 164262. 19050. 6200. 3723. 5182. 11235. 6222. Professional Development 1294. Rent 48000. r Unemployment 4905, Office, Miscellaneous & Postage j 4.51 Health/Accident Insurance 32331 . i 29.71 Medical Aid & Industrial Insurance 1760. 1.62 HolidaylVacabon/Sick Leave 21536. 19.79 Commission/Bonus/Pension i 28623. 26.31 Total Fringe Benefits 113452. 104.27% General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable -- _ - Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance 9951. 24144. 164262. 19050. 6200. 3723. 5182. 11235. 6222. Professional Development 1294. Rent 48000. Equipment Support 14721 . Office, Miscellaneous & Postage 2498. Total General Overhead 316482. Total Overhead (General t Fringe) 429934. Overhead Rate (Total Overhead / Direct Labor) 3. 951 4 DOT Fp 140-089 EF ERNbt G2 Rend =7 9.15 22.19 150.97 17.51 5.70 3.42 4.76 10.33--- 5.72 1.19 44.12 13.53 2.30 290.87 395.14% Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: City of Pasco Lewis Street Overpass _ Sub Consultant: White Shield. Inc. _ Direct Salary Cost (DSC): C1022 ifi ation Man Hours Bate = Cost Principal 4 x 63.00 5 252.00 Professional Land Surveyor 127 x 42.52 5,400.04 Survey Tech I 142 x 26.60 _ 3,777.20 Survey Tech II 130 x 18.97 2,466.10 CADD Tech 1 337 x 27.55 9,284.35 Office Admin 12 x 35.63 427.56 Total DSC $ 21,607.25 _ Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 146.49 % x $ 21,607.25 = 31,652.46 Fixed Fee (FF): FF Rate x DSC of 28.50 % x $ 21,607.25 = 6,158.07 Reimbursables: Itemized SubConsultant Total Prime Mark-Up rye X Grand Total Prepared By DOT F0,1140089 EF Exhih,TL.4 Remsed 9/07 = 14,740.00 = 749157.78 Dale; 6/01/2010 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title 1 $ Beginning Total % of Direct Labor Direct Labor ATTACTHE,11D Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension Total Fringe Benefits General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Form 140-089 EF Exhibit G-2 Revised 8107 -7 Wa.,hingtun st:fty vi Depnrlmesit til Paula J. 11arc,nnrud, P I September 14, 2009 Ms. Julia Lynch White Shield, Inc. 320 N 20°i Avenue Pasco, WA 99301-4963 Re: White Shield, Inc. Overhead Schedule Fiscal Year End December 31, 2008 Dear Ms. Lynch: On September 14, 2009, as a WSDOT representative, Cal Granbois, Audit Specialist, completed a desk review of your proposed 2008 Overhead Schedule. Cal also completed an analytical review of the schedule by comparing it to the reviewed & accepted 2006 overhead schedule, and reviewed data that WSDOT had collected in our permanent files. The proposed overhead schedule provided by White Shield had been prepared from financial statements that were reviewed by Oswalt, Teel & Franklin, CPA. The reviewed data for While Shield included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of accounting system, basis of indirect costs, in addition to a review of the fine's internal control structure. Based on our desk review, we are issuing this letter of concurrence establishing the White Shield overhead rate for FYF. December 31, 2008, at 146.49% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. If you or any representatives of White Shield, [tic. have any questions, please contact Martha Roach, at (360) 705.7006. Sincerely, Marsha S. Roach Agreement Compliance Audit Manager MR:ds G)closures cc: Steve McKerney Pasco Bakotich, MS 47329 Rick Griffith, MS 47323 Kim Vauglw, DOTSC I White Shield, Inc. Overhead Schedule Fiscal Year Ended December 31, 2008 Pagc 1 Income Statement White Shield Accepted Description Amount Adj. WSDOT Adj. Ref. Amount % Direct Salaries $2,241,516 ($78,453) A $2,163,063 100.00% Salary Overhead Holiday Pay $86,698 $86,698 4.01% Sick Leave $42,382 $42,382 1.96% Vacation Leave $125,889 $125,889 5.82% Union Benefits Expense $402 $402 0.02% Social Security Tax $266,998 $266,998 12.34% Federal Unemployment Taxes $4,315 $4,315 0.20% State Unemployment Taxes $66,992 $66,992 3.10% Industrial Insurance $37,415 $37,415 1.73% Matching 401K Contributions $22,551 ($530) O $22,021 1.02% Health Care Insurance $207,695 $207,695 9.60% Life Insurance Expense $7,677 ($3,261) B $4,416 0.20% Disability Insurance Expenses $10,399 $10,399 0.48% Pic -Employment & Exit Physicals $2,720 $2,720 0.13% Professional Development Education $26,100 $26,100 1.21% Professional Registration Expense $1,208 $1,208 0.06% Employee Relocation Expense $14,865 $14,865 0.69% Total Salary Overhead $924,304 ($3,791) $0 $920,513 42.56% Departmental Overhead Salaries Expense $971,410 ($13,018) P,Q $958,392 44.31% Employee Incentive Compensation Expense $710,874 ($520,627) ($190,247) I,T $0 0.00% Rent $136,605 ($30,772) K $105,833 4.89% Equipment Rental $18,728 $18,728 0.87% Utilities Expense $7,585 $7,585 0.35% Environmental Supplies $1,282 $1,282 0.06% Office Supplies $56,381 $56,381 2.61% Periodicals & Publications $8,767 $8,767 0.41% Surveying Supplies $97,425 $97,425 4.50% Telephone/Communications $36,792 $36,792 1.70% Computing/Supplies $13,839 $13,839 0.64% Computing Software Support $61,482 $61,482 2.84% Postage/Shipping/Delivery, $10,998 $10,998 0.51% Repairs and Maintenance $31,946 $31,946 1.48% Office Printing $8,296 $8,296 0.38% Employment Advertising & Recruiting Expense $5,450 $5,450 0.25% Membership Fees and Dues $18,534 $18,534 0.86% Donation $5,634 ($5,634) C $0 0.00% Political Contributions $5,950 ($5,950) C $0 0.00% Other Office Expenses $3,125 $3,125 0.14% Pagc 1 White Shield, Inc. Overitend Schedule Fiscal Year Ended December 31, 2008 Income Statement White Shield Accepted Description Amount Adj. WSDOTAdj. Ref. Amount % Attorney Fee and Legal Expense Penalties & Fines Pension Administration Fees Accounting/CPA/Management Consulting Fees Bank Service Charges Loan Fees Interest Charge Professional & General Liability Insurance Mise. Building and Other Insurance Premiums Coipotate Federal/State Income Taxes Excise Taxes Miscellaneous Taxes, License Fees Bad Debt Expense Trade Shows Marketing Advertising Business Meals & Entertainment Automobile Expense Travel, Lodging and Mileage Depreciat ion/Amort izationi Total Departmental Overhead Total Overhead Expenses Overhead Rate $12,901 $12,901 0.60% $321 ($321) N $0 0.00% $4,564 0.00% $105,565 $4,564 0.21% $7,389 ($900) L $6,489 0.30% $3,888 $4,337 $3,888 0.18% $3,261 ($3,261) D $0 0.00% $23,762 ($23,762) E $0 0.00% $337,538 $2,136 ($496) S $337,042 15.58% $25,481 $25,481 1.18% ($11) $11 R $0 0.00% $105,565 $105,565 4.88% $4,337 $4,337 0.20% $26,736 ($26,736) F $0 0.00% $1,073 ($1,073) G $0 0.00% $2,136 ($2,136) H $0 0.00% $3,255 ($3,255) I -I $0 0.00% $11,680 ($11,680) 1 $0 0.00% $61,646 ($5,961) ($2,723) M,S $52,963 2.45% $69,272 ($179) U $69,094 3.19% $183,881 ($2,850) S $181,031 8.37% $3,099,779 ($642,068) ($209,501) $2,248,210 103.94% $4,024,084 ($645,859) ($209,501) $3,168,723 146.49% 179.53% 146.49% White Shield, bac. - Reviewed & Accepted 9/74/09 MR "Overbear! Rate subject to IVSD07' Audit" References White Shield Financial Statements Reviewed by Oswalt, Teel & Franklin, Certifier/ Public Accountants. White Shield Adjustments: A Adjust labor amount for overtime premium per 48 CFR 22.103-1. B Key person life insurance disallowed per 48 CFR 31.205-19(e)(2)(v). C Donations & political contributions disallowed per 48 CPR 31.205-8, D Loan fee disallowed per 48 CFR 31.205-20. E interest deducted per 48 CFR 31.205.20. F Bad debt expense disallowed per 48 CFR 31.205-3. G Trade show expense disallowed per 48 CFR 31.205-1(1)(2). H Marketing & advertising costs disallowable per 48 CFR 31.205-I(b). I Distribution of profits for owner disallowable per 48 CFR 31.205-6(a)(6)(ii)(B). Page 2 White Shield, Inc. Overhead Schedule Fiscal Year Ended December 31, 2008 Income Statement White Shield Accepted Description Amount Adj. WSDOT Adj. Ref. Amount $520,627 removed for the President of White Shield. J Business meals & entertainment expenses disallowable per 48 CPR 31.205-14 and WSDOT Manual M 13-82 Chapter 10 Travel. K Common control rent adjustment per 48 CFR 31.205-36(b)(3). L Federal income tax preparation fees in excess of $250 disallowable per 48 CFR 31.205.4l(b)(1), 48 CFR 31.201-6(a), & WSDOT overhead policy. M Personal use of company vehicles disallowable per 48 CFR 31.205-6(m)(2). N Pines not allowed per 48 CFR 31,205-15. O Overfunding of principal 401Kmatch. WSDOT Adjustments: P $10,900 uncompensated overtime unallowable per 48 CFR 37.115, DCAA 5-910,5-910.2 and 6-410. White Shield credits the difference between the amount for direct and indirect salaries and the amount paid to the employee to account 7155 Division Administrative instead of a variance account. Next year, they should use a separate payroll variance/uncompensated overtime account. Q $2,118 Business Development salaries considered marketing which is unallowable per 48 CPR 31.205-1(f). In the future, White Shield needs to account for bid & proposal salaries separately from business development. R Federal income tax unallowable per 48 CFR 31.205-41(6)(1). S Mercedes Benz is considered a luxury vehicle which is unallowable per48 CFR 31.201-2,48 CFR 31.201-3, and 48 CFR 31.201-4. Directly associated expenses for Mercedes removed - insurance, depreciation. Per 48 CFR 31.201-6. T Distribution of profits unallowable per 48 CPR 3 L205.6(a)(6)(ii)(B). White Shield does not have a written bonus policy. * Marketing travel unallowable per 48 CFR 31.205-1(b). Pagc 3 �4 STRaTa fOr""Nv ur.. May 11, 2010 File: MP10064 Mr. Rick Door, P.E. J -U -B Engineers, Inc. 2810 Clearwater Ave. Suite 201 Kennewick, WA 99336 rhd@jub.com RE: REVISED DRAFT PROPOSAL Geotechnical Engineering Evaluation Lewis Street Overpass Pasco, Washington Dear Rick: STRATA, A Professional Services Corporation (STRATA) appreciates the opportunity to provide this draft proposal to perform a geotechnical engineering evaluation for the proposed Lewis Street Overpass crossing the Burlington Northwest Santa Fe (BNSF) Railroad in Pasco, Washington. The purpose of the geotechnical engineering evaluation is to explore subsurface soil and possibly bedrock conditions for the proposed Lewis Street project and provide geotechnical recommendations to assist project planning, design, and construction. The following text describes our project approach, project understanding, the anticipated incremental phases of our geotechnical scope, and detailed tasks outlined to achieve the project objectives as we understand them. PROJECT CONCEPT Existing Conditions Lewis Street is a principal arterial connecting east and west Pasco through an underpass beneath the BNSF railroad. Lewis Street is heavily traveled. The existing underpass structure is deteriorated, maintains only 2 travel lanes and has poor pedestrian access. These factors make the existing underpass a public safety and economic concern The project site is relatively flat, with less than 5 feet of vertical relief across the project alignment outside the existing underpass. The ground surface in the project area currently comprises asphalt paved roadways and parking areas, concrete curbs, gutters and sidewalks, industrial and retail businesses, and limited green spaces with surface vegetation including a small park with some large trees near the east end of the planned overpass bridge. Photographs 1 and 2 below illustrate aspects of the Lewis Street project area. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageatech.com Lewis Street Overpass File'. MP10064 Page 2 Photograph 1: Lewis Street looking west, from east of underpass. Photograph 2: Lewis Street, 1®` street intersection, west of underpass. From reviewing water well logs near the site and previous project information in a Predesign Foundation Memorandum dated September 9, 2008 prepared by Shannon & Wilson, Inc., we anticipate the site soil conditions include: 4 0 to 25 feet— Loose to medium dense silt, sand and gravel layers. S 25 to 65 — Dense sand, gravel and cobble layers. 00 65 to >100 feet —Mixed alluvial gravel, cobbles, clay, shale layers and basalt bedrock. to Groundwater between 25 to 45 feet deep. Our exploration approach described in following section reflects potential geologic conditions. General Our project understanding is based on conversations with you and Mr. Rick Door, P.E. with J -U -B Engineers, Inc. (JUB) between May 6, 2010 and today. Additionally, we draw from the attached preliminary project plan view aerial photograph attached to this proposal as Plate 1, Site Plan and Exploration Schematic. From these sources, we understand the City of Pasco, Washington has undergone substantial planning and conceptual design to determine feasible routes that replace the current Lewis Street underpass below the BNSF railroad. The new roadway alignment between stations 10+00 and 19+00 traverses 2 city blocks each containing several multi -story buildings and asphalt -paved parking lots. Various utility improvements are also expected as part of the planned improvements. We understand that although buildings and their occupants must be coordinated during exploration and design, that all structures will be demolished outside of the design contract. Additionally, the City has and continues to secure right of way (ROW) for the proposed alignment. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com I II I � p Lewis Street Overpass File: MP10064 Page 3 Proposed Construction Overpass The new overpass will comprise an approximate 550 -foot -long steel plate girder bridge having 3 spans with 2 center piers. The longest span will be about 260 feet. Conventional concrete abutments and wing walls will be constructed near stations 19+00 and 24+50. The 2 center piers will be located near stations 21+60 and 23+25 on each side of several existing BNSF railroad tracks. We understand these tracks are heavily used, primarily for rail freight. Foundation loads are not yet available, but are expected to be significant and require deep foundations for support. Once complete, the existing railroad underpass will be backfilled in place without demolishing the concrete structure or removing existing asphalt. At the interface between bridge abutments and embankments, we anticipate reinforced concrete approach aprons will be constructed at the roadway surface to help reduce potential embankment settlement impacts on the roadway and to maintain roadway performance. Roadways In its final configuration, the new bridge will have 4 travel lanes. In addition, bicycle paths, sidewalks and traffic barriers will be constructed. Asphalt concrete pavement will also be utilized for reconstructing portions of Lewis and Clark Streets. At each end of the project alignment (i.e. stations 10+00 and 33+32), the reconstructed road will match existing grades. We understand existing structures (buildings, parking areas, etc) within the planned embankment footprints and new alignment will be demolished. We expect 25- to 35 -foot -tall sloped embankments will be constructed as overpass bridge approaches. Embankments will be constructed with imported structural fill. However, due to the cost of imported fill and the desire to have this project provide some aesthetic characteristics, decorative reinforced concrete walls or mechanically stabilized earth walls (MSEW) less than 10 feet high may be constructed at embankment toes. Walls will be contractor designed and constructed. Ancillary Construction A project of this size has numerous other construction components beyond those discussed above. Here we attempt to briefly summarize ancillary construction aspects that may or may not require geotechnical involvement during design, recognizing that additional details will emerge as structural and civil design advance. 6 Sidewalks: New concrete sidewalks will be constructed throughout the alignment. Section thicknesses and materials will be per WSDOT or City of Pasco standards. 4o Parking: An asphalt -paved parking area may be constructed between the Lewis Street and Clark Street couplet from about station 10+00 to 15+00. 40 Lighting: New lighting will be installed throughout the project alignment. Lighting is expected to utilize conventional pole -type foundations. 9 Existing Structures: Existing buildings and parking areas are anticipated to be demolished between stations 10+00 and 19+50 and no geotechnical design is expected for demolition activities. w Stormwater Facilities: Stormwater swales and infiltration or detention basins will be constructed to facilitate stormwater control for the new alignment. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING WWW.stratageotech.com _ ,.q "? 1006 , Ina.;ia .. Lewis Street Overpass File: MP10064 Page 4 PROJECT APPROACH We understand the project is in conceptual design. The alignment described above has been publicly approved by the City of Pasco. We understand the City of Pasco is the governing and funding project entity. STRATA's scope is based on evaluating a single alignment which includes a 550 -foot -long steel span bridge with 2 center piers founded on deep pile foundations. This bridge will pass over the BNSF railroad ROW and center piers will be within this ROW, immediately adjacent to the existing railroad tracks; thus replacing the existing underpass. Design will generally adhere to Washington State Department of Transportation (WSDOT) Geotechnical Design Manual (GDM), 2010 WSDOT Standard Specifications for Road, Bridge and Municipal Construction (2010 WSDOT Standards) and American Association of State Highway Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) Bridge Design Specifications, and the AASHTO Guide Specifications for LRFD Seismic Bridge Design, but does not require WSDOT design review or approval. Therefore, there are no specific report formats STRATA must follow as part of our design. We recommend the exploration plan be reviewed with the City of Pasco and BNSF prior to initiating exploration to reduce the potential for rework and unexpected remobilizations to meet design requirements. We understand BNSF will be involved in the following project aspects: Coordinating exploration ti Reviewing and approving exploration locations 1b Monitoring exploration within their right of way • Verifying overpass center pier design does not impact rail performance b Verifying underpass backfill is adequate for long-term rail performance Given that current planning must be accomplished before detailed geotechnical analysis and final design reports are provided, we envision a 3-phase approach to our services to support JUB and the project team. The envisioned geotechnical phases are as follows: Ob Phase 1 - Project Coordination, Geotechnical Exploration and Soil Inventory; S Phase 2 - Geotechnical Engineering Design Parameters; ti Phase 3 - Final Geotechnical Engineering Evaluation Report. These phases are outlined individually below as well as detailed with individual tasks in the following proposal sections. Phase 1 - Project Coordination, Geotechnical Exploration and Soil Inventory Geotechnical drilling and field testing will be initiated to provide the project team with preliminary geotechnical soil conditions, inventory the soil and geologic materials that are likely to be encountered during construction, and provide preliminary geotechnical considerations for feasibility including: potential for "fatal flaws" associated with the alignment and geologic conditions, embankment construction, applicable bridge foundation systems, pavement subgrade characteristics, underpass backfill concepts, stormwater infiltration rates for swale design, and re- using on-site soil and/or rock. Phase 2 - Geotechnical Engineering Characteristics STRATA will utilize the subsurface soil conditions encountered during exploration and site soil laboratory test results to provide the project team with soil engineering parameters including: minimum requirements for global stability for MSE or conventional wall systems and contractor supplied retaining walls, subgrade conditions for asphalt and concrete pavement, structural fill and grading requirements, stormwater disposal infiltration rates, and preliminary bridge foundation considerations for the selected foundation system and lighting structures. Additionally, we will refine I* IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 42RS.Main m. Moicow,Idaho3.1R43 tP.208.882.1006 I. 20A 983.17in Lewis Street Overpass File: MP10064 Page 5 underpass backfill concepts. If additional geotechnical exploration is required to evaluate final alignments, we will notify JUB as soon as STRATA becomes aware of these requirements. Presently, we have not budgeted contingencies for additional exploration and laboratory testing beyond that outlined as Phase 1 herein. Phase 3 - Final Geotechnical Engineering Evaluation Report Phases 1 and 2 will culminate in a final geotechnical engineering evaluation report outlining the anticipated soil and geologic materials, asphalt pavement section design, bridge foundation design, soil engineering characteristics for contractor supplied MSE and/or conventional retaining wall systems, and earthwork construction recommendations. From the geotechnical exploration and laboratory test results, STRATA will provide the design criteria necessary for bridge design in reference to the AASHTO LRFD Bridge Design specifications, and the AASHTO Guide Specifications for LRFD Seismic Bridge Design for seismic profile design parameters. Assumptions Our exploration approach is based on some assumptions and our interpretation of the anticipated design requirements. We assume it is acceptable to perform exploration throughout the proposed alignment during a single event (i.e. 1 mobilization), providing exploration locations are coordinated in advance. Future exploration will be costly and requires substantial coordination. In our opinion, we recommend exploration be coordinated to avoid a second round of exploration, especially for bridge foundations. Further, we have assumed new bridge foundations for the overpass will be deep foundations bearing on bedrock as end bearing systems or as friction piles supported in the dense sand and gravel anticipated above bedrock. In addition, coring into bedrock to determine its weathering and RQD for deep foundation pile tip resistance is limited to 15 feet regardless the depth bedrock is encountered. We plan on using a relatively large drill to accomplish exploration. Therefore, it is imperative that access to the exploration locations be available for the initial exploration phase. In addition to the above assumptions regarding exploration, the following text summarizes several other assumptions we relied on in developing our geotechnical scope. 4p Demolitionof existing buildings, roadways and other existing site features will be performed per City of Pasco requirements and does not require STRATA to provide additional demolition design or construction recommendations. 4b Construction staging, shoring and excavation plans will be provided by the contractor and do not require STRATA's involvement. fr Concrete sidewalks, curbs, gutters and asphalt -paved parking areas will be constructed per WSDOT or City of Pasco Standards or special provisions and do not require STRATA's design involvement, though they will be referenced in our report. 4# For our schedule, we assumed the alignment will be available to explore between July 1, 2010 and August 1, 2010. A single exploration event is planned. 4P Access to explore the proposed center pier locations on BNSF and Pasco ROW will be secured by JUB or the City of Pasco. Any permit, fees or other costs for such access will be coordinated by JUB or the City of Pasco. S Traffic control plans, signage and flagging personnel during exploration will be provided by others. On the exploration schematic attached to this proposal, we attempt to position most exploration locations in areas with safety, access and limited traffic control in mind. However, traffic control while drilling in Lewis and Clark Streets requires significant IDAHO MONTANA NEVADA ORf.GON UTAH WASHINGTON WYOMING www.stratageotech.Com 1 —i10838.13 P. 208.892 1006 1 to Y.�:;.'1%i'�i Lewis Street Overpass File: MP10064 Page 6 coordination, at least 2 traffic control staff and possibly some lane closures. All exploration locations are accessible by truck mounted drilling equipment. '4 JUB, WSDOT or the City of Pasco will provide design life traffic loads for roadways and parking areas. 40 Asphalt for roadway and parking lot construction will comprise a single, Superpave mix design, utilizing PG 64-28 asphalt oil and 5/8 -inch aggregate. 00 STRATA will rely on the AASHTO Guide for Design of Pavement Structures (1993), the computer code DARWIN and the on-line WSDOT Pavement Design Guide (http://training.ce.washington.edu/WSDOT) for the Lewis and Clark Streets and parking lot asphalt section designs. No other section designs are expected. OP JUB will survey exploration locations and supply a plan sheet with the boring layout as well as collar elevations. We will rely on JUB for structure alignment, stormwater swale locations and to provide necessary drawing support, specifically the alignment plan and profile. 6 It is our understanding that STRATA is not required to provide our report information in Microstation format. Electronic boring logs will be provided in Adobe Acrobat PDF format for inclusion in the project plans. Report and technical information can be presented in Standard English units. 2010 WSDOT Standards will be referenced for material and construction requirements. The above assumptions are critical to the exploration scope and fee. We recommend the City of Pasco and JUB review these assumptions and provide comments, modifications or additional information to verify these assumptions prior to finalizing our scope of services. DRAFT SCOPE OF SERVICES To develop our geotechnical scope of services, we have discussed the project parameters, schedule and reviewed our preliminary project approach with JUB. Based on our understanding of the proposed construction, our understanding of the reporting requirements and the anticipated soil and geologic conditions, we anticipate the geotechnical engineering evaluation requires the following scope of services: Phase 1 — Project Coordination, Geotechnical Exploration and Soil Inventory 1. Meet JUB and City of Pasco representatives at the project site and review site surface conditions along the proposed alignment and establish exploration access and schedule. Locate borings with JUB survey staff and the City of Pasco relative to areas of interest mutually established by the project team. Preliminary exploration locations are illustrated on Plate 1 attached to this proposal. 2. Contact the regional utility notification service to locate existing underground utilities prior to excavation or drilling. It must be recognized that private utilities may not get marked by public utility companies and damage to such utilities may occur. STRATA cannot be responsible for such damage or for repairing damage to unmarked utilities. We understand JUB will coordinate with BNSF to notify them of our pending exploration schedule in their ROW and to evaluate necessary traffic control requirements along Lewis and Clark Streets. The City of Pasco or JUB will obtain permits required to perform exploration on the BNSF and/or Pasco ROWS. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www-stratageotech.com ,..,>r. Mostn•ri. I dah o 338-1i F. 208.4112. 1006 E. 208.883.a/90 Lewis Street Overpass File: MP10064 Page 7 3. Advance 14 to 16 exploratory borings along the conceptual alignment as established at the time of our exploration. Borings will be advanced where truck -mounted drills can access the alignment. Borings utilized solely to evaluate the existing roadway surfaces will penetrate 10 feet or less to obtain existing subgrade and pavement section information. In areas of the proposed retaining walls/MSE systems, cuts, or embankment fills; borings will extend 20 to 30 feet below the existing ground surface. Presently, we estimate 4 borings total for the planned bridge foundations: 1 at each abutment and 1 at each bridge center pier (up to 100 feet deep), each advancing 15 feet into bedrock, if encountered. We anticipate exploration can be accomplished during normal business hours. However, borings in critical rail or road traffic areas can be performed on a nighttime exploration schedule for an alternate fee as outlined in the attached Fee Estimate. Borings will be backfilled at the conclusion of exploration. Borings will be plugged with bentonite at the surface and patched with cold asphalt, where necessary. Exploration locations will not be landscaped or compacted. Some site rutting from drill access and other surficial disturbance should be expected by property owners. Soil and rock encountered in the borings will be visually classified with reference to the Unified Soil Classification System (USCS). Subsurface profiles will be logged. The depth to groundwater, if encountered, will be recorded. Soil samples will be obtained via standard penetration (SPT) at 5 -foot intervals. 4. Select soil samples obtained during exploration will be tested in our laboratory to evaluate some soil engineering properties. Laboratory tests will be accomplished with reference to WSDOT, AASHTO and/or ASTM International procedures and may include, but are not limited to: U Natural Moisture Content 4P Consolidation Potential S Atterberg limits ti Resilient Modulus (Mr) 40 Grain -size distribution 41P Direct Shear 6 pH ti Maximum Dry Density 4 Resistivity OP Optimum Moisture Content 4 California Bearing Ratio (CBR). Where soil is encountered during exploration that is not conducive to undisturbed sampling and subsequent strength and/or consolidation testing, values will be correlated to field data and index laboratory test results. 5. Four, in-situ, falling head, borehole infiltration tests (5 to 10 feet below grade) will be performed in borings to help evaluate the stormwater infiltration rates in accessible locations. Tests will be performed on the east and west sides of the overpass at anticipated collection areas to be delineated by JUB. infiltration test methods may vary depending on site access and the exploration activities. Infiltration rates will be reported in inches per hour as measured over a 4 -hour period after saturation. Field infiltration testing is required to help identify percolation rates near plan infiltration or detention basins designated by JUB. 6. Based on the subsurface soil conditions encountered during field evaluation and laboratory test results, STRATA will summarize the anticipated soil and geologic materials that may be encountered in the proposed alignment in a Soil Inventory Summary memorandum. We will require electronic plan and profile drawings along Lewis and Clark Street alignments to adequately illustrate the anticipated materials. Preliminary geotechnical considerations as well as potential geologic "fatal flaws" in the project area or alignment will be presented in this memorandum. 7. Attend 1 project meeting with appropriate design officials and project team members to review our preliminary soil inventory findings. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com .. ,s R20A.8:42.! r ?�. n. 183 ;4/50 Lewis Street Overpass File: MP10064 Page 8 Phase 2 - Geotechnical Engineering Characteristics During this phase, we envision many design characteristics such as retaining walUMSE wall height and location, roadway alignments, uncontrolled fill removal areas, cut and fill heights, bridge foundation loads, and other project aspects will be adequately defined. As these design components are defined, STRATA will evaluate our field and laboratory data and perform preliminary geotechnical engineering analyses for the project. Engineering analyses and preliminary recommendations will be provided for the proposed improvements in a Preliminary Geotechnical Design report or memorandum addressing the following subjects: ti Roadway subgrade preparations Ok Excavation characteristics 0P Soil slope stability ti Slope and embankment construction ti Structural fill requirements S Corrosion potential 4 Geotextile applications '` Soil infiltration rates Jb Bridge LRFD deep foundation design criteria ti Abutment lateral earth pressures 4 Seismic design criteria based on bedrock correlations (mapped or explored) 4 Preliminary roadway and parking lot asphalt section requirements 4r Performance criteria for contractor supplied abutment wall design (cast -in-place, MSE) 4r Preliminary global stability criteria for retaining walls & MSE systems 4 Wet weather construction 4i Soil engineering characteristics *# Unsuitable soil over -excavation to Vertical and lateral soil bearing for light pole structures 4 Underpass filling material and requirements Rr Foundation preparations Sr Additional recommended services 2. Attend 1 meeting with the appropriate design and construction officials to review the preliminary recommendations and to answer any technical questions. Additional meetings or report revisions will be accomplished on a time and expense basis beyond this proposed scope of services. Final Geotechnical Engineering Evaluation Report We will summarize the information obtained from Phases 2 and 3 in a Final Geotechnical Evaluation Report, including exploration logs and the final alignment plan (base to be developed by JUB). This final report will include details associated with the anticipated geotechnical design and construction aspects outlined above. Further, we will modify preliminary recommendations and opinions presented during Phase 2 based on further design developments. The following outlines the anticipated major report topics: 6 Soil Engineering Characteristics - Summarize laboratory test results and correlated soil engineering characteristics. 4P Roadway Subgrade Preparations - Outline earthwork characteristics necessary to establish subgrade for the support of asphalt pavement sections. 4A Asphalt Section Requirements - Provide 2 asphalt section thickness design alternatives for Lewis & Clark Streets based on traffic loading conditions provided by JUB or the City of Pasco. 9 Excavation Characteristics - Evaluate temporary excavation slope criteria for soil slopes referencing Washington Administrative Code (WAC) Chapter 296-155. 4P Performance Criteria for Contractor Supplied conventional or MSE Wall Systems - Provide required internal and external stability safety factors, vertical and lateral IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING WWW.stratageotech.com : _8 S. Main St. Moscow, Idaho 838-;; P. 208.882.7006 F. 208.883.9750 Lewis Street Overpass File: MP10064 Page 9 deflection/settlement tolerances for retaining walls and MSE systems based on soil conditions encountered during exploration. 440 Permanent Soil Slope Stability — Perform global stability analyses on cut and fill slopes to recommend slope angles assuming a minimum factor of safety (FOS) of 1.5. 4 Wet Weather Construction — Construction considerations where earthwork spans potentially wet weather or wet seasons. to Stormwater Management Facilities — Provide recommended soil infiltration rates for stormwater facility design by JUB. Also, we will identify potential limiting soil layers. 9# Light Pole Foundation Design — Vertical and lateral bearing pressures for pole type foundations that will be used for light pole bases, signs and possibly other project structures. A& Bridge Foundation Design Criteria — Provide geotechnical LRFD deep foundation design criteria, abutment lateral earth pressures and required foundation preparations. Using published correlations to bedrock in the project area and results from exploration, provide seismic site class, geologic profile, liquefaction potential and design seismic response spectrum. yr Embankment Construction — Provide embankment subgrade preparation requirements and embankment construction criteria in reference to 2010 WSDOT Standards. Embankment settlement estimates and fill slope criteria including final preparations will also be provided. ti Structural Fill Requirements — Imported granular borrow, aggregate subbase and base recommendations and recommended specifications for on-site or imported soil structural fill will be provided referencing 2010 WSDOT Standards. ti Corrosion Potential — Buried concrete structures and utilities are expected, and the soil corrosion potential will be summarized with respect to WSDOT Standards for the soil profile materials. Existing structure evaluation for corrosion is not part of this scope - lb Geosynthetic Applications — Summarize subgrade or soil stabilization geosynthetic materials that may be required for the project. Material specifications will be referenced to WSDOT Standards. Wall geosynthetic requirements will not be provided since MSE walls will be contractor supplied. 6 Over -Excavation of Unsuitable Soil — Where uncontrolled fill, excessive topsoil, soft wet soil or otherwise unsuitable soil are encountered in the locations explored, necessary areas of removal and replacement will be summarized along with recommended replacement materials to achieve the subgrade design criteria. �r Underpass Backfill — Provide construction criteria for a selected underpass backfill concept including: backfill material types, compaction requirements, placement mechanisms, and rail coordination considerations. 40 Additional Recommended Services — A summary of additional services recommended to help provide project continuity, and assist the project team throughout design and construction will be provided. The report draft will be provided to JUB, City of Pasco and BNSF for review. Once review comments are provided to us by the project team, we Will revise and finalize the report. We will provide 6 final geotechnical report copies and one electronic copy in Adobe Acrobat PDF format. 0 IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratagootech.com 1aY4 '� b,ifinSL PAji,rm, ,i, " " 1, ..� F' t0i" W?,IU11)h V.YOi.AB<.I,j1' Lewis Street Overpass File: MP10064 Page 10 STRATA will also provide final design review of applicable plans and specifications as the project bidding documents are prepared. The purpose of our review is to help provide geotechnical consistency between project planning, design, and construction. A single plan and specification review iteration is expected. SCHEDULE AND ESTIMATED FEES Based on the described scope of services, we propose to perform the geotechnical engineering evaluation on a time and expense basis not to exceed $86,750. As requested by JUB, we have not budgeted for contingencies at this time. A Manhour Fee Estimate is provided in Appendix A attached to this proposal which outlines our anticipated fees. There may be several efficiencies which help reduce the potential for fee overruns as well as having the potential to reduce the overall investment in geotechnical services. These include, but are not limited to: accepting the assumptions stated above, the City of Pasco providing traffic control and coordinating all associated ROW access and permitting, and avoiding remobilizing exploration equipment for unforeseen design requirements. There may be other efficiencies as well and STRATA will endeavor to identify and notify the project team of any potential savings that could be realized in the course of our work. Monthly progress billing statements will be provided to review the status of our services and the associated budget. We understand the design aspects of this project will occur in phases over time. For the purpose of estimating this project scope, and as a basis for preliminary planning and staff coordination, we have prepared a preliminary schedule for our services. This preliminary schedule is provided in Appendix B, attached to this proposal. As noted in our fee estimate, STRATA will remain available for the budgeted project meetings described herein or consultation during the design phases. For discussion and planning purposes, STRATA has illustrated a potential timeline assuming July 1, 2010 as the authorized exploration start date. We also illustrate some of the required information and assumptions during various planning and design stages. The scope of services for the geotechnical engineering evaluation and the associated fees are based on our understanding of the planned Lewis Street overpass alignment at this time. Our services will be performed under the General Conditions for Geotechnical Engineering Services attached to this proposal in Appendix C. To authorize the scope and fee described herein please sign the attached General Conditions, and return a copy for our records. LIMITATIONS STRATA's services are limited to geotechnical engineering and do not include any investigation, evaluation or assessment of hazardous materials. If potentially hazardous materials are encountered during our subsurface exploration, we will immediately contact JUB and the City of Pasco. The geotechnical services presented above do not include an evaluation of stormwater facilities, subsurface drainage, MSE or retaining wall design, global stability analysis of contractor supplied MSE or wall system designs, shoring system design or erosion control. If this information or any additional information is desired, please contact us for a revised proposal. Our scope has not budgeted for draft report iterations other than those listed above. Additional draft reports will be billed on a time and expense basis. The assumptions outlined in this proposal are critical components in developing our scope and must be carefully considered by the project team. Scopes for evaluating concepts of undefined geotechnical tasks will be mutually established at the time the tasks are defined. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com '1428 5_Main St. Moscow, Idaho 83813 P.208.R82.1006 t. 208.883.4 7 i0 Lewis Street overpass File: MP10064 Page 11 We appreciate the opportunity to present this proposal and look forward to working with you on this project. If you have any questions or need more information, please give us a call. TJW/mg Sincerely, STRATA, Inc. Arv� Abd Andrew J. Abrams, P.E. Senior Design Engineer Travis J. Wambeke, P.E. Principal Engineer Attachments: Plate 1: Site Plan and Exploration Schematic Appendix A: Manhour Fee Estimate Appendix B: Anticipated Project Schedule Appendix C: General Conditions for Geotechnical Engineering Services 0 IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageatech.com i. M un St. Moscow. l.lahc 9384', P 208 987 1go6 F. Bost, 98 t. n ;o Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Lewis Street - Pasco, Washington Sub Consultant: STRATA, Inc. Direct Salary Cost (DSC): Classification Man Hours Principal Engineer 118 X 48.62 5 5,737.16 Senior Engineer 50 X 45.00 2,250.00 Project Engineer 222 X 32.23 7,155.06 Staff Engineer 58 X 18.50 1.,073.00 Draftsman 78 X 20.86 1,627.08 Project Assistant 96 X 18.30 1,756.80 Total DSC = $ 19, 599.10 Overhead (OH Cost -- including Salary Additives): OHRate xDSC of 1.5786 %x$ 19,599.10 = 30,939.14 Fixed Fee (FF): FF Rate xDSC of 35 %X$ 19,599.10 = 6,859.69 Reimbursables: Lab/mi/exploration/report/copies $7185 Itemized Subcontractor $21,480 = 28,665.00 SubConsultant Total = 86,062.93 Prime Mark-Up % X = Grand Total = Prepared By: / Dale: 6/3/10 DOT Fwm 140-089 EF Exhibit G4 Revised 8/07 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor ATTACHED Overhead Expenses: FICA - Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance Holiday/Vacation/Sick Leave j Commission/Bonus/Pension Total Fringe Benefits General Overhead: State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development j Rent...-- -_ _ — ----- -- - --- - _ -- — I -- - _ Equipment Support 4 Office, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Fern 140089 EF Exhibil G.2 RewSep 8107 El J 4 3 I 11 I 1 1 STRATA, INC. REVIEWED STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD MARCH 31, 2009 TARTER & ASSOCIATES, P.A. ACCOUNTANCY CORPORATION BOISE, IDAHO - (208) 336-9449 STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED MARCH 31, 2009 STRATA, INC. ' TOTAL REFERENCE FOR REPORTED UNALLOWABLE UNALLOWABLE DESCRIPTION COSTS COST General & Administrative Expenses State 8 & O Taxes Insurance 1 'Administrative Payroll Bonus Printing, Stationery, Supplies Professional Services ' Travel Telephone Fees, Dues, Professional Meetings Utilities and Maintenance ' Professional Development Rent Recruitment Equipment Support (Note 5) fOffice, Miscellaneous, Postage Project related expenses reimbursed Employee Benefits Key Man Life Insurance 'Advertising Interest Donations 'Bad Debt Meals & Entertainment Litigation Settlement 21,981 COSTS 'S Direct Labor $ 2,781,478 Fringe Benefits F.LC.A. S 312,466 Unemployment 68,132 Workers compensation 75,834 Company Insurance and Medical 489,216 Matching 401(k) Contribution 117,198 Vacation and Sick Leave 186.597 ' Total Fringe Benefits S 1,249,443 General & Administrative Expenses State 8 & O Taxes Insurance 1 'Administrative Payroll Bonus Printing, Stationery, Supplies Professional Services ' Travel Telephone Fees, Dues, Professional Meetings Utilities and Maintenance ' Professional Development Rent Recruitment Equipment Support (Note 5) fOffice, Miscellaneous, Postage Project related expenses reimbursed Employee Benefits Key Man Life Insurance 'Advertising Interest Donations 'Bad Debt Meals & Entertainment Litigation Settlement 21,981 207,056 1,108,949 7,500 73,504 109,892 72,056 111,086 88,264 118,572 45,295 394,094 24,854 740,919 (50,116) 65,441 800,991 (800,991) 24,040 (24,040) 9,716 (9,716) 45,030 (45,030) 16,195 (16,195) 19,124 (19,124) 556,869 (556,869) 13.044 (13,044) 20,300 (20,300) I&J A B C D E F G B H % OF ALLOWABLE DIRECT COSTS LABOR $ 2,781,478 $ 312,466 68,132 75,834 489,216 117,198 186,597 $ 1,249,443 44.920% 21,981 207,056 1,108,949 7,500 73,504 109,892 72,056 111,086 88,264 118,572 45,295 394,094 24,854 690,803 65,441 ' Total Overhead 4,694,772 (1,555,425) 3,139,347 112.8660i6 Combined Overhead $ 5,944,215 _ $ (1,555,425) $ 4,388.790 157.786% ' FAR 6 ADJtl$iAtEf4T REFERENCES A 31.2014 Nell related expenses reimbursed F 31.2(158 Cdnlnbu0ons w donations ' B 31.205-04 Entertainment Costs G31.20" BaddebtsC 31.205-181murance d Is & adnaralion H 31.20575 Fm3. penattfrs.6 rresrJtargirg cysts D 31,2051 InlenstauVc ndnsdadvencial su 1 31.205-76Gains&fossesondiVosiWn$11.356 E 31.205.201nterestartd other financial msts J Camyuter costs billed as direct costs $38.760 Mote 3) See Accompanying Notes and Accountarl Report. Page 2 TARTER & ASSOCIATES, P.A. • ACCOUNTANCY CORPORATION Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 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 the 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 the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. 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 AGENCY, 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, 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 the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H R"ised 6105 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, 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 AGENCY, STATE 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 CONSULTANI' may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTAN"I' may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Forth 140-089 EF Exhibit I Revised 8105 Exhibit J 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 Highways and 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 manger and any personnel (including sub -consultants) deemed appropriate for the alleged design errors) issue. Step 4 — Attempt to Resolve AI leged 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 errors). 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 H&LP, through the Region DOT Forth 140.099 EF Exhibit J Ft"Wd 8/05 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. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FH WA. H&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, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&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. H&LP, in consultation with FH WA, 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. Exhibit K 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 I —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 I, 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 FH WA 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 Highways and 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 Highways and 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. DOT Form 140-089 EF Exhibit K Revised 6105 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. 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 Pubic 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 Highways and Local Programs and FH WA 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. Exhibit L (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONS UL;PANT to the AGENCY identified in Section XIII, Legal Relations and Insurance ofthis Agreement is amended to $ 5,000,000.00 The CONSULTANT shall provide professional liability insurance with minimum per occurrence limits in the amount of $ 5,000,000.00 Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (Fl IWA) for approval to increase the minimum insurance limit. If F'1 IWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSUL; PANTfor the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ Include all costs, fee increase, premiums. This cost shall not be billed against an FHWA funded project. For final contracts, include this exhibit. DOT Form 140089 EF Exhibit L Revised 6105 Exhibit M -1(a) Certification Of Consultant Project No. 30710-020 Local Agency I hereby certify that 1 am r�.� M, ( trJ , EXEC. VP and duly authorized representative of the firm of 1-U B ENGINEERS, INC. whose address is 2810 W. Ave.,Clearwater Ste 201, Kennewick WA 99336 _._ ._ _ — - and that neither I nor the above firm 1 here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the 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 available to the Washington State Department of Transportation 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. Date DOT FWM 140-008 EF Exhibit Wits) Revised 6105 gnatwe Exhibit M -1(b) Certification Of Agency Official 1 hereby certify that 1 am the AGENCY Official of the Local Agency of City of Pasco Washington, and that the consulting firm 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): 1 acknowledge that this certificate is to be available to the Washington State Department of Transportation 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. - - - - Date - atu e DOT Form 140-089 EF Exhibit M -1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (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, or local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): J -U -B ENGINEERS, INC. (Date) DOT Farm 140-089 EF E%hleit M-2 Revised 8/05 (Signat re) P idem o Authorized Official of consultant Exhibit M-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 an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): J -U -B ENGINEERS, INC. (Date) (S n Lure) residen or Authorized Official of Consultant DOT Form 140-099 EF Exhibit M-3 Revised &M5 Exhibit M-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 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Lewis Street Overpass are accurate, complete, and current as of May 24, 2010 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm J -U -B ENGINEERS, INC. Name �I?ay M , v1Z Et>J Title --_EXEC.. __VICE. _P&ESIDEOT----. Date of Execution***—)U_-_IQ_______________ * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price 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. DOT Form 140-089 EF Exhibit M4 Revisetl 6105