Loading...
HomeMy WebLinkAbout95-112 - Entranco Engineers - Interurban Avenue Bridge Widening Consultant < • STANDARD CONSULTANT AGREEMENT CONSULTANT / ADDRESS / TELEPHONE ENTRANCO ENGINEERS, INC. 10900 NE 8th Street, Suite 300 Bellevue, Washington 98004 Tele: (206) 454-5600 FAX: (206) 454-0220 AGREEMENT NUMBER FEDERAL AID NO. N 70 T. o (D =o 1:1 -< -I ZmEmm7D L)D ❑ LUMP SUM LUMP SUM AMOUNT $ PROJECT TITLE AND WORK DESCRIPTION Interurban Trail Bridge - Green River ❑ COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE 165 % % % OVERHEAD COST METHOD ❑ ACTUAL COST NOT TO EXCEED DBE PARTICIPATION ❑ YES IZI WBE PARTICIPATIONr NO NO Bio r� L� 1 FIXED RATE 165 1 YES IJ FIXED FEE $ 7.895 FEDERAL ID NO. OR S.S. NO. 91-099-0275 Do you require a 1099 for IRS? �( ❑ YES IJ NO ❑SPECIFIC RATES OF PAY ❑ NEGOTIATED HOURLY RATE ❑ PROVISIONAL HOURLY RATE COMPLETION FOR PHASES 1 September 30, DATE . D 2 ' • • • MAXIMUM AMOUNT PAYABLE FOR PHASES 1 AND 2 $ 86.139 ❑ COST PER UNIT OF WORK THIS AGREEMENT, made and entered into this day of , 1995, between the Local Agency of City of Tukwila, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". 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 performances contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: 94034 / Cont_95 / Inttrail (8/29/95) / mw 1 of 24 CBP-8 (May 1994) 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 project level of effort for this project is detailed in Exhibit "B" 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, or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, prog- ress, and presentation meetings with the AGENCY or such Federal, Community, State, City, or County offi- cials, groups, or individuals as may be requested by the AGENCY. The AGENCY will provide the CON- SULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of -this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that 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. Goals for Disadvantaged Business Enterprises (DBE), and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, docu- ments, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are property of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of ser- vice not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. 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 The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation for work performed or services rendered and for all labor, materials, supplies, equipment, and inci- dentals necessary to complete the work specified in Section II, "Scope of Work". The CONSULTANT shall conform with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit "G" to this AGREEMENT. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit "G", attached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. 94034 / Cont_95 / Inttrail (8/29/95) / jc 2 of 24 CBP-8 (May 1994) All reimbursable direct labor, overhead, direct non -salary costs and fixed -fee costs for the subconsuttant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has 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 or might 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 third party as a consequence of any act or omission on the part of the CONSULTANTS 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, the STATE, or the 94034 / Cont_95 / Inttrail (8/29/95) / jc AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading, demo- tion or transfer, recruitment or any recruitment adver- tising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that if it violates this provision, this AGREE- MENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future, unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: 3 of 24 A. COMPLIANCE WITH REGULATIONS: The CONSULTANT will comply with the Regulations relative to nondiscrimination in the same manner as in Federal -assisted programs of the Department of Transportation, 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. The CONSULTANT shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin, or handicap except for a bona fide occupational qualification, in the selection and retention of subconsultants, including procurements 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 contract covers a program set forth in Appendix II of the Regulations. CBP-8 (May 1994) C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATER- IALS AND EQUIPMENT: In all solicitations, either by competitive bidding or negotiation made by the CONSULTANT for work to be per- formed under a subcontract, including procure- ments of materials or leases of equipment, each potential subconsultant or supplier shall be noti- fied by the CONSULTANT of the CONSUL- TANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimina- tion on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any informa- tion required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CON- SULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as ft or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every sub- contract, including procurements 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 subconsultant or procurement as the AGENCY or the Federal Highway Administration may direct as a means 94034 / Cont_95 / Inttrail (8/29/95) / jc of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a resutt of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180 and Executive Order number E.0.77- 13 of the Governor of the State of Washington which prohibits unfair employment practices. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten 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 "F for the type of AGREEMENT used. No payment shall be made for any work completed after ten 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. 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 4 of 24 CBP-8 (May 1994) circumstances shall payment made under this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without it or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. 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 disaffili- ation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to com- plete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of this AGREEMENT between 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 concur- rence, 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 CONSUL- TANT 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. 94034 / Cont_95 / Inttrail (8/29/95) / jc 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 novo judicial review. 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 the AGENCY is located in. 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. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY, and their 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 against and hold harmless the AGENCY from claims, demands or suits based solely upon the conduct of the AGENCY, 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 5 of 24 CBP-8 (May 1994) AGENCY, 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 of defending such claims and suits, etc. 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 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. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.25.115 and was the subject of mutual negotiation. 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 an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Regular public liability and property damage insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the 94034 / Cont_95 / Inttrail (8/29/95) / jc CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a certificate of insurance as outlined above within 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 dollars, whichever is the greater. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. 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 may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. 6 of 24 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 its "request for equitable adjustment" (hereafter referred to as CBP-8 (May 1994) claim) under this clause within 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 The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. 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 "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. By President Consultant ENTRANCO ENGINEERS. INC. 94034 / Cont_95 / Inttrail (8/29/95) / mw By$ Agency 7 of 24 C8P-8 (May 1994) EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project No. Local Agency of City of Tukwila I hereby certify that 1 am President and duly authorized representative of the firm of Entranco Engineers, Inc., whose address is 10900 NE 8th Street, Suite 300, Bellevue, Washington 98004 and that neither I nor the above firm I 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 this contract. (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 the contract. (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 the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid funds and is subject to applicable State and Federal laws, both criminal and civil. „la, /995 Ale agn4eLeru Signature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila , Washington and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or 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 here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid highway funds and is subject to applicable State and Federal laws, both criminal and civil. 94034 / Cont_951 Inttrail (8/29/95) / jc 8 of 24 CBP-8 (May 1994) • EXHIBIT A-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS 1. 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 statutes 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-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. 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: ENTRANCO ENGINEERS. INC. 94034 / Cont_95 / Inttrail (8/29/95) / jc 9 of 24 CBP-8 (May 1994) EXHIBIT A-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: 1. 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. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 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: ENTRANCO ENGINEERS. INC. 30 �0 ad,,a) President (Date) 94034 / Cont_95 / Inttrail (8/29/95) / jc 10 of 24 CBP-8 (May 1994) • • EXHIBIT A-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 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of the Interurban Trail Bridge - Green River project * are accurate, complete, and current as of August 29. 1995 **. 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 Entranco Engineers. Inc. lia4v Name �I Z Title President Date of execution*** * 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. 94034 / Cont_95 / Inttrail (8/29/95) / mw 11 of 24 CBP-8 (May 1994) • • EXHIBIT B SCOPE OF WORK INTERURBAN TRAIL BRIDGE - GREEN RIVER I. INTRODUCTION The objective of this Agreement is to provide engineering services for the design and construction of a separate bicycle/pedestrian bridge over the Green River. The work will be accomplished in three phases: Phase 1- Preliminary Engineering Phase 2 - Final Design Phase 3 - Construction Engineering Phase 1 - Preliminary Engineering consists of surveying and base map preparation; discussion of the bridge in a letter -type Design Memorandum; and inclusion of the new bridge in the assistance with WSDOT's environmental reevaluation for the bridge widening. Phase 2 - Final Design consists of developing Plans, Specifications, and Estimate (PS&E) for the new bridge. Work on Phase 3 may be authorized by supplement to this Agreement, after negotiation of scope and budget. II. DESIGN CRITERIA The AGENCY will designate the basic premises and criteria for the design. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments as of the date of signing of this Agreement, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. Note: Unless otherwise noted, all measurements shall be in English units. WSDOT publications: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge, and Municipal Construction (M41-10), 1994 edition (including the Division 1 APWA Supplement), as amended. 2. WSDOT/APWA, Standard Plans for Road, Bridge, and Municipal Construction (M21-01). 3. Highway Design Manual. 4. Materials Laboratory Outline. 5. Construction Manual. 6. Local Agency Guidelines. 7. Design Manual (M22-01). 8. Hydraulics Manual (M23-03). 9. Plans Preparation Manual (M22-31). 10. Bridge Design Manual (M23-50). 11. General Special Provisions. 12. Traffic Manual (M51-02). 13. District 1 Hydraulics Report Guide. 14. District 1 Traffic Signal Design Guide. 15. District 1 Checklist for Channelization Plans. American Association of State Highway and Transportation Officials publications: 1. A Policy on Geometric Design of Highways and Streets. 2. Standard Specifications for Highway Bridges, Fifteenth Edition. 3. A Guide for Highway Landscape and Environmental Design. 4. Highway Design and Operational Practices Related to Highway Safety. 94034 / Cont_95 / Inttrail (9/13/95) / jc 12 of 24 CBP-8 (May 1994) • • U.S. Department of Transportation publications: 1. Manual on Uniform Traffic Control Devices for Streets and Highways. Other: 1. Highway Research Board's manual entitled, Highway Capacity. 2. Standard drawings prepared by the AGENCY and furnished to the CONSULTANT will be used as a guide in all cases where they fit design conditions. 3. Environmental Impact Statement - SR 405 - SR 181/Green River Interchange - WSDOT. 4. Design Report - Interurban Interchange - WSDOT. III. DETAILED SCOPE OF WORK A. Phase 1 - Preliminary Engineering 1. Environmental Documentation Include a detailed description of the bicycle/pedestrian bridge in the letter to WSDOT. If required by WSDOT, prepare an assessment of the additional impact of the new bridge. 2. Design Memorandum Include a description and preliminary cost estimate of the bicycle/pedestrian bridge in the Design Memorandum. 3. Bicycle/Pedestrian Trail Location Prepare a Technical Memorandum entitled Bicycle/Pedestrian Trail Alternative Route Study. Evaluate trail alternatives, including bridge location alternatives, prepare conceptual cost estimates, and recommend a preferred alternative. 4. Field Survey a. Roadway Survey (1) Using control from WSDOT and King County, and record drawings as provided by the AGENCY, establish additional horizontal control to provide topographic survey of the proposed location of the bicycle/pedestrian bridge. (2) Set additional Bench Marks within the area for construction and determine elevations of horizontal control points. Conduct additional EDMI topographic survey of the area proposed for the new bicycle/pedestrian bridge, locating building corners, above -ground utilities, curbs, sidewalks, and existing trail sections, trees, shrubs, signs, and major breaks in grade. 5. Base Mapping (3) a. Prepare 1"= 20' scale base sheets to include the area of the proposed bicycle/pedestrian bridge, utilizing field survey data and existing record drawings. B. Phase 2 - Final Design 1. Geotechnical Explorations a. b. c. Perform additional field explorations and engineering and index properties of the bicycle/pedestrian bridge. Provide additional geotechnical analyses of relative to the bicycle/pedestrian bridge const laboratory testing in order to evaluate the site soils in the vicinity of the proposed the site soils and construction considerations ruction. Include a summary of the field exploration, laboratory testing findings and geotechnical analysis and recommendations for the bicycle/pedestrian bridge in the Geotechnical Engineering Report. 94034 / Cont_95 / Inttrail (8/29/95) / jc 13 of 24 CBP-8 (May 1994) 2. Plans, Specifications, and Estimate (PS&E) a. Plans Prepare plans with such provisions and in such detail as to permit the convenient layout in the field for construction and other purposes. The plans will be prepared to the level of competency presently maintained by practicing professionals in the field of transportation engineering in the Puget Sound Region. Prepare additional or expanded plans for the bicycle/pedestrian bridge as follows: 1. Summary of quantities sheet 2. Typical roadway sections 3. Quantity tabulation sheets 4. Drainage structure notes sheets 5. Plan and profile sheets 6. Landscape and trail plans 7. Detail sheets 8. Illumination plans 9. Signing plans and details 10. Bridge plans and details Plans will be in such detail as to permit the development of an accurate estimate of quantities for the pertinent items of work to be performed in the construction of the project. Plans will be in ink or equivalent on 22" x 34" mylar sheets. Plan sheets will be developed in AutoCAD. The scales to be used, the lettering, and general delineation of the plans will be such as will provide legible reproduction when the plans are reduced to one-fourth of their original size (50 percent reduction). The horizontal scale for the full-size plan and profile sheets will be "one -inch equals 20 feet". b. Contract Provisions Prepare Special Provisions for the Bid Documents for items of work which are not covered by the 1994 APWA/WSDOT Standard Specifications, or AGENCY's Supplemental General Requirements, as may be required, to properly cover the work contemplated by the plans. The AGENCY will furnish examples of the standard specifications and contract documents to the CONSULTANT. The CONSULTANT will edit and compile the Contract Provisions. c. Engineer's Estimate Prepare Engineer's Estimate of construction costs based upon .the approved construction plans, bid item quantities, and current unit bid prices. Any cost estimates provided by the CONSULTANT will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, the CONSULTANT cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. d. Review plans with the AGENCY at the 50 and 90 percent stages to check for any omissions, duplications, unnecessary requirements, and conformance with AGENCY standards. Finalize the plans and Contract Provisions in accordance with AGENCY comments on the 90 percent submittal. Comments from both the 50 percent and 90 percent review will be collated and adjudicated by the AGENCY before comments are returned to the CONSULTANT. e. Prepare and assemble the plans and Contract Provisions (Contract Documents) in a form approved by the AGENCY that can be used by suppliers and/or contractors as a basis for formal bids. 94034 / Cont_95 / Inrirail (8/29/95) / jc 14 of 24 CBP-8 (May 1994) • f. Assist the AGENCY during contract advertisement and award. Respond to questions concerning the contract documents. 3. Utility/Agency Coordination Coordinate with the utility companies and agencies regarding design of the bicycle/pedestrian bridge. This task includes meetings and telephone communication with the affected utilities regarding their existing and proposed improvements and the impact of the bicycle/pedestrian bridge on those improvements. 4. Permits Add additional information on the bicycle/pedestrian bridge to applications for the following permits: a. Shoreline Permit from the City of Tukwila b. Hydraulic Project Approval from the Department of Fisheries Prepare permit application forms, provide plans and other necessary project information to form a complete application package. Meet with review agencies to discuss the project and permit requirements. C. Phase 3 - Construction Management Services (Draft Scope of Work) 1. Participate in project meetings. 2. Provide the geometric control for the project, including construction staking and construction layouts. 3. Observe the construction work in progress and monitor adherence to the contract documents. 4. Observe the placement of materials. 5. Measure and compute pay items. 6. Provide falsework checking (when applicable) and review contractor submittals. 7. Sample and test materials (field and laboratory). 8. Prepare documents and records to help assure the project is constructed in accordance with Federal and State requirements. 9. Provide final records and record drawings. The final scope and budget for Phase 3 will be negotiated at the end of Phase 2. IV. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT The following documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the CONSULTANT to the AGENCY upon completion of the various phases of the work. If the documents are submitted in electronic media, any modification of the materials or conversion of the materials to an alternate system or format shall be without liability or legal exposure to CONSULTANT; AGENCY shall assume all risks associated with such modifications or conversions. CONSULTANT may remove from the electronic materials delivered to AGENCY all references to CONSULTANT's involvement and may retain a tangible copy of the materials delivered to AGENCY which shall govern the interpretation of the materials and the information recorded. Phase 1 1. Bicycle/Pedestrian Trail Alternative Route Study, five copies, up to 25 pages. 2. Draft Design Memorandum, 25 copies, up to 10 pages. 3. Final Design Memorandum, 25 copies, up to 10 pages. 94034 / Cont_95 / Inttrail (9/13/95) / )c 15 of 24 CBP-8 (May 1994) • Phase 2 4. Contract Plans, 10 sets at the 50 percent completion stage. 5. Contract Plans and preliminary Contract Provisions, 10 sets at the 90 percent completion stage. 6. Contract Plans and the Contract Provisions for final review which incorporates the review comments made by the AGENCY at the 90 percent review, 10 sets. 7. Engineer's Estimate, two copies each at the 50 and 90 percent completion stage, and final. 8. Half -scale contract plans and contract provisions, 60 sets at 100 percent completion. 9. Contract plans and provisions to plan centers (list to be provided by the Agency), utilities, and WSDOT (approximately 25 sets from Item 15 above). V. ITEMS AND SERVICES TO BE FURNISHED BY THE AGENCY The AGENCY will provide the following items and services to the CONSULTANT that will facilitate the preparation of the plans and studies within the limits of the project. CONSULTANT is entitled to rely upon the accuracy and completeness of the data furnished by others, including but not limited to, survey and traffic data, as applicable. A. Any available record drawings and information on the current project and on public works and/or private projects in the immediate vicinity. B. All required existing traffic volumes, estimated traffic volumes, applicable traffic studies, and accident data within the project region. C. Timely reviews of all work at mutually agreed upon times and consolidation of all review comments onto one review set prior to return to the CONSULTANT. D. Rights -of -entry upon all lands necessary for the performance of the work. E. Payment of all review and/or permit fees. F. Pot -holing for utility locations (if existing data is insufficient for design purposes). G. Right-of-way negotiation and acquisition (if required). H. Payment of costs associated with advertisement for bids. 94034 / Cont_95 / Inttrail (9/13/95) / jc 16 of 24 CBP-8 (May 1994) • EXHIBIT C PAYMENT (COST PLUS FIXED FEE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct non -salary cost. 1. Direct Salary Cost The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Actual Cost Not to Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees -to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime CONSULTANT or any of the subconsultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. 94034 / Cont_95 / Inttrail (8/29/95) / jc 17 of 24 CBP-8 (May 1994) • The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non -salary Costs Direct non -salary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rates as for AGENCY employees. The billing for non -salary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man -months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, "Termination of Agreement". 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work". 94034 / Cont_95 / Inttrail (8/29/95) / jc 18 of 24 CBP-8 (May 1994) B. Monthly Progress Payments • The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of this AGREEMENT. The invoices will be supported by itemized listing for each item including direct salary, direct non -salary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, 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, 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 that 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 ninety (90) 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. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States for a period of three years after 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-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 94034 / Cont_95 / Inttrail (8/29/95) / jc 19 of 24 CBP-8 (May 1994) • • EXHIBIT D CONSULTANT FEE DETERMINATION - SUMMARY SHEET COST PLUS FIXED FEE PROJECT: Interurban Trail Bridge - Green River (Phases 1 and 2) DIRECT SALARY COST (DSC): Estimated Estimated Classification Hours x Rate = Cost Principal 13 x 44.00 = $572 Senior Project Manager 12 x 41.00 = 492 Senior Engineer 8 x 35.00 = 280 Project Manager/Survey Manager 35 x 31.00 = 1,085 Project Engineer 420 x 30.00 = 12,600 Project Scientist 4 x 30.00 = 120 Design Engineer 72 x 25.00 = 1,800 Staff Scientist 24 x 22.00 = 528 Survey (Office) 14 x 20.00 = 280 CADD 315 x 19.00 = 5,985 Survey (Field) 30 x 18.00 = 540 Engineering/Science Technician 4 x 16.00 = 64 Technical Support 10 x 15.00 = 150 Word Processing 22 x 15.00 330 OVERHEAD (OH COST - including Salary Additives) OH Rate x DSC FIXED FEE (FF): FF Rate x (DSC+OH) Total DSC = $24,826 or 165% x $24,826 = $40,963 or 12% x $65,789 = $7,895 REIMBURSABLES: Telephone $ 5 Reproduction 30 Mileage 18 Prints 9 Copying, including engineering Xerox 20 Computer 4,725 Word Processor 110 Postage 40 Electrostatic Plotter 36 Total Reimbursables $4,993 SUBCONSULTANT COSTS (See Exhibit G): _ $7,462 GRAND TOTAL = $86,139 94034 / Cont_95 / Inttrail (8/29/95) / mw 20 of 24 CBP-8 (May 1994) EXHIBIT E BREAKDOWN OF OVERHEAD COST Fringe Benefits Percent FICA 11.86 Unemployment Compensation 1.82 Medical Aid and Industrial Insurance 0.80 Employee Retirement 4.70 Employee Bonuses & Incentives 12.20 Vacation, Holiday and Sick Leave 52 Total Fringe Benefits 40.90% General Overhead State Sales, B & 0, and Property Tax 4.40 Insurance 11.17 Administration and Time Unassignable 61.13 Printing, Stationery and Supplies 4.14 Professional Services 6.45 Travel Not Assignable 4.13 Communication Not Assignable 2.62 Fees, Dues, Professional Meetings 2.80 Utilities and Maintenance 5.70 Rent 14.80 Office Miscellaneous 2.22 Depreciation 4�r4 Total General Overhead 124.10% GRAND TOTAL 165.00% Note: The following accounts were deleted from this overhead rate: Bad Debts, Interest, Officer's Life Insurance, Officers' Medical, Contributions, and Entertainment. 94034 / Cont_95 / Inttrail (8/29/95) / jc 21 of 24 CBP-8 (May 1994) • EXHIBIT F 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 non -salary 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. 94034 / Cont_95 / Inttrail (8/29/95) / jc 22 of 24 CBP-8 (May 1994) • EXHIBIT G SUBCONTRACTED WORK The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: SUBCONSULTANT DESCRIPTION OF WORK 1. Hart-Crowser, Inc. Geotechnical Explorations 94034 / Cont_95 / Inttrail (8/29/95) / jc 23 of 24 COP -8 (May 1994) • Attachment E - Summary of Costs Addition Boring and Engineering for Pedestrian Bridge - Hart Crowser • EXHIBIT G-1 • 94-21-1079 LABOR Personnel Catagory Hours x Hr. Rate = Cost Project Manager 4 $4$.15 $192.60 Senior Associate 0 539.00 $0.00 Associate 4 $33.27 $133.08 Senior Project 15 $28.14 $422.10 Project 0 $23.19 $0.00 Senior Staff 26 $19.54 $508.04 Staff 0 $16.42 $0.00 Technician 0 $14.80 $0.00 CADD Drafter 4 $18.10 $72.40 Clerical 3 $14.78 $44.34 Direct Labor Cost $1,372.56 Overhead (182.7% of Direct Labor) $2,507.67 Subtotal Direct Labor Cost $3.880 FIXED FEE Fixed Fee (35.0% of Direct Labor) $480.40 Subtotal Fixed Fee 5480 OTHER DIRECT COSTS Item Quantity Unit Unit Cost Cost Courier & Overnight Mail 0 Each $27.00 $0.00 Film and Processing 0 Roll $17.00 $0.00 Subtotal Other Direct Costs & Travel $0 SUBCONTRACTOR COSTS Subcontract Costs $2,159.00 Subtotal Subcontractor Costs $2,159 TRAVEL & IN-HOUSE SERVICES Travel Quantity Unit Unit Cost Cost Tolls 0 Each $17.00 $0.00 Per Diem 0 Day $108.00 $0.00 In -House Service Reproduction 500 Copy $0.10 $50.00 Truck 2 Day $70.00 $140.00 Computer 4 Hour $10.00 $40.00 Field Equip Rental (Samp, Safety, Etc.) 2 Day $55.00 $110.00 Field Equip Supplies 2 Day $50.00 $100.00 Field Phone 2 Day $15.00 $30.00 Geotechnical Laboratory Testing Water Contents 18 Each $4.00 $72.00 Gradation Analyses and Atterberg Limits 2 Each $50.00 $100.00 Consolidation Test 1 Each 3300.00 $300.00 Subtotal In -House Services $942 TOTAL PROJECT COST $7,462 PROPSIATP-E.xls 24 of 24