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002-05 - Berger Abam - ContractLocal Agency Standard Consultant Agreement ~ Architectural/Engineering Agreement D Personal Services Agreement Agreement Number Federal Aid Number STPUS-6610(004) Agreement Type (Choose one) DLumpSum Lump Sum Amount $ ~ Cost Plus Fixed Fee Overhead Progress Payment Rate 161.47 % Overhead Cost Method D Actual Cost D Actual Cost Not To Exceed ~ Fixed Rate Fixed Fee $ 24,579.00 D Specific Rates Of Pay D Negotiated Hourly Rate D Provisional Hourly Rate D Cost Per Unit of Work Index of Exhibits Exhibit "A" -Scope of Work Exhibit "B" -DBE Participation % 161.47 % Consultant/AddressfTelephone BERGER/ ABAM Engineers Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 206/431-2300 Project Title And Work Description Tremont Street Widening SR 16 to Port Orchard Blvd. DBE Participation 0Yes ~No % Federal ID Number or Social Security Number 91-1422812 Do you require a 1099 for IRS? Completion Date 0Yes 181 No June 30, 2007 Total Amount Authorized$ 455,000.00 Management Reserve Fund $ Maximum Amount Payable$ 455,000.00 Exhibit "C" -Electronic Exchange ofEngineering and Other Data Exhibit "D" -Payment (by Agreement Type) Exhibit "E" -Consultant Fee Determination Exhibit "F" -Breakdown of Overhead Cost Exhibit "G" -Subcontract Work/Fee Determination 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" -Certification Documents THIS AGREEMENT, made and entered into this between the Local Agency of the City of Port Orchard and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Revised 6/05 Page 1 of 8 day of RECEIVED AUG O 4 2005 CITY OF PORT ORCHARD PUBLIC WORKS , Washington, hereinafter called the "AGENCY", 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. Ill 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 ofrace, 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 ofUSDOT-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), ifrequired, per 49 CFR Part 26, or participation ofMinority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. IfD/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. Ifthe 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 behalfofthe 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 C1.,111pletion 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 ofa 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 CONSULT ANT 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 ofanywork 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 behalfofsaid 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 a .1 omission on the part of the CONSULTANT'S .~loyees 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 ofTransportation, 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 ofl 964 ( 42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) 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 CFRPart21 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 ofExhibit "If' attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "If' 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 CONSULT ANT 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 ofTermination 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. Page4 of 8 In such an event, the amount to be pa,. .Aall be determined by the AGENCY with consi, ition 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 CONSULT ANT 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, ifrequested 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 ofany 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 ofby 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 ifan action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo 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 ofEthics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULT ANT'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 terms 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 CONSULT ANT, 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 ofall required insurance policies at anytime. 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 ofthis 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 anyway. Page 6 of 8 The AGENCY will pay no progress p._~ .,lents under Section V until the CONSULTAN1 J 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 anytime, 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 ofreceipt 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 CONSULT ANT 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 ofTransportation 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-l(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 ofFederal 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 CONSULT ANT 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 he1 have executed this AGREEMENT as of tt. ay and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By James S. Guane, PE , SE DOT Form 140-089 EF Revised 6/05 By Agency Page 8 of 8 C., i +y o-f' Po r ·t Ci r-e-.h cu-o{ I Exhibit A-1 Scope of Work See attached Exhibit A-1 for Scope of Services Project No. Documents To Be Furnished By The Consultant See attached Exhibit A-1 DOT Form 140-089 EF ExhibitA-1 Revised 6/05 Tremont Street Widening Exhibit A-1 Scope of Work EXHIBIT A-1 SCOPE OF SERVICES TREMONT STREET WIDENING (SR 16 to PORT ORCHARD BOULEVARD) The services to be furnished by BERGER/ ABAM Engineers Inc. (hereinafter referred to as the CONSULTANT), upon receipt of written direction to proceed from the City of Port Orchard (hereinafter referred to as the AGENCY), are more fully described as follows. DESCRIPTION OF PROJECT Project Purpose The Tremont Street Widening project is proposed to widen the existing Tremont Street to provide four continuous through lanes between Port Orchard Boulevard and State Route (SR) 16. This will eliminate the bottleneck that exists between the existing four-lane section east of Port Orchard Boulevard and the interchange at SR 16. Three existing signalized intersections within the project limits at Kitsap Boulevard, Pottery Avenue, and Port Orchard Boulevard will be reconstructed to accommodate the widened roadway section and to provide signal-protected left-tum lanes. Because this is the most heavily traveled route between SR 16 and the City Center, the AGENCY desires that this project create a welcoming "gateway" to the City of Port Orchard that reflects the character of the City. In addition to providing roadway widening and aesthetic improvements, the project will provide curb, gutter, and sidewalks along both sides of the road; intersection modifications; improvements to storm drainage facilities; traffic signal and illumination upgrades; retaining walls; and bike paths. Because the project is to be funded with federal funds from the Surface Transportation Program (STP), it is important that this project be administered in accordance with the Federal Highway Administration (FHW A), the Washington State Department of Transportation (WSDOT), and the Local Agency Guidelines (LAG) Manual. Proposed Roadway Improvements This project will reconstruct approximately 0. 75 mile of street between the east approach to the SR 16 northbound ramp intersection and 100 feet east of Port Orchard Boulevard. The proposed improvements will include two 11-foot through lanes, and a 12-foot landscaped median, as well as 6-foot sidewalks and 5-foot bike lanes on each side of the road. The landscaped median will have left turn pockets at intersections and at other access points as deemed appropriate during design. Roadway improvements on Tremont Street are anticipated to be extended on the following side streets as necessary to provide required intersection channelization and match the existing cross streets (approximate distance from Tremont Street centerline indicated). • South Kitsap Boulevard (300 feet south)/Canyon Court (100 feet north) • Pottery Avenue (300 feet south and north) • Roland Avenue (50 feet south) • Port Orchard Boulevard ( 100 feet north) Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard BERGER/ ABAM, FPPWT-05-211 August 2005 Preliminary design shall be provided for future improvements at the following locations. • SR 16 Northbound Ramp Intersection • SR 16 Northbound Ramp Approaches (400 feet south and 100 feet north) Final design, plans, specifications, and estimates for construction of these future improvements may be provided as a supplement to this agreement. The project includes signalized intersection improvements at the following locations on Tremont Street. • SR 16 Northbound Ramps (future signal -preliminary design only) • South Kitsap Boulevard/Canyon Court (signal reconstruction) • Pottery Avenue (signal reconstruction) • Port Orchard Boulevard (pedestrian push button and traffic loop modifications on west leg) Traffic analysis shall include the SR 16 southbound ramp intersection. However, this scope of services does not include the design of improvements at this intersection. A conceptual evaluation of roundabouts will be conducted for both SR 16 ramp terminal intersections and the Kitsap Boulevard/Canyon Court intersections. Preliminary and final design of roundabouts, if deemed feasible and appropriate, will be provided as a supplement to this agreement. Illumination upgrades along the project corridor will be accomplished by the addition of a new illumination system consisting of luminaires on dedicated light standards. The project will include storm drainage improvements throughout the corridor and will provide low- impact designs where feasible and appropriate. The project will evaluate the feasibility of undergrounding existing overhead utilities. Retaining walls will be provided as appropriate to match existing private improvements at the limit of right-of-way (ROW). Streetscape, landscape, and irrigation improvements will be provided for the corridor or at specific locations to create a "gateway" to Port Orchard. The type and extent of these improvements shall be consistent with the images and ideas that result from a public outreach process facilitated by the CONSULTANT during the preliminary design phase of the project. Project Schedule The following scope of services, and associated estimate of hours, is based on the following assumed schedule milestone dates. • Notice To Proceed (NTP) -15 August 2005 • Design Memorandum Submittal-January 2006 • Draft ROW Plans for ROW Acquisition -June 2006 • NEPA Approvals -June 2006 • ROW Certification -January 2007 • Final Construction Plans, Specifications, and Cost Estimate -February 2007 • Construction Contract Award -March 2007 Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 2 BERGER/ABAM, FPPWT-05-211 August 2005 Scope of Services The CONSULTANT shall provide environmental planning and permitting, ROW plans, and contract documents for the street improvements along Tremont Street and the cross street intersections as described above. The CONSULTANT shall perform the necessary engineering work pertaining to field surveys, including preconstruction cross sections, preparation of a design memorandum (30 percent design) that includes an engineer's estimate and identification of any ROW or easement requirements, and final detailed construction plans and special provisions. The plans, specifications, and cost estimate (PS&E) shall incorporate the proposed street improvements, including curb and gutter, sidewalks, storm drainage, streetscaping, landscaping, irrigation, illumination, channelization, signing, traffic signal reconstruction/modification and traffic signal interconnect. The AGENCY will be responsible for all project mailings. ROW plans shall be in accordance with federal guidelines and suitable for the AGENCY's use in acquiring the ROW necessary to construct the proposed street improvements. 1.0 PROJECT ADMINISTRATION The CONSULTANT shall conduct; coordinate, and schedule project activities; maintain project records, provide financial, administrative, and quality control; and prepare monthly progress reports. This scope of work assumes 18 months of project administration. 1.1 Project Meetings The CONSULTANT shall coordinate and attend monthly progress meetings to be held at the City of Port Orchard. An initial "kick-off' meeting shall be held immediately following the notice to proceed. The agenda for this meeting will include the project schedule, public outreach, project workplan, and establishment of milestones for the project. Other issues to be addressed include project invoicing requirements, utility coordination, WSDOT Local Programs coordination, and SEP A/NEPA documentation. The CONSULTANT shall prepare record of meeting summaries for the AGENCY. 1.2 Project Workplan A written project workplan shall be prepared for this project that will establish the goals and objectives of this project, deliverables/milestones, and the assigned key staff and the project schedule. 1.3 Project Schedule The CONSULTANT shall develop a project schedule that is representative of the scope of services to be provided and incorporate the AGENCY milestones as deemed necessary by the AGENCY, the CONSULTANT, and other agencies or utility owners. The schedule shall be presented in bar (Gantt) chart format. The schedule shall be developed in detail sufficient to allow the CONSULTANT and the AGENCY to monitor project progress, showing major project tasks with hierarchical relationships and planned duration of each task. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 3 BERGER/ABAM, FPPWT-05-211 August 2005 1.4 Invoicing The CONSULTANT shall submit monthly invoices for work performed and directed, including subconsultant expenses incurred during the preceding month. Invoices shall be prepared and submitted with applicable attachments as required by the AGENCY. Work performed under Task 11 is not eligible for federal reimbursement and shall be grouped separately for billing purposes. 1.5 Progress Reports Monthly project progress reports shall be prepared by the CONSULTANT and submitted by e-mail to the AGENCY's project manager and the assigned WSDOT Local Programs engineer within one week of the end of each calendar month. A copy of each progress report shall be submitted with the monthly invoice. Project progress reports shall include information regarding work performed during the previous month, project issues and status, planned versus actual budget, and schedule progress and updated progress schedules. 1.6 Subconsultant Coordination and Administration The CONSULTANT shall coordinate the activities of the subconsultants. Coordination will include meetings, telephone conversations, memorandums, and general direction, as well as preparing and administering subconsultant contracts, invoicing, and budget and schedule monitoring. 1. 7 Quality Assurance and Quality Control (QA/QC) Program The CONSULTANT shall provide a project QA/QC program consisting of periodic plan reviews, NEPA document reviews, and SEPA document reviews to include utility, roadway, and stormwater calculations, and other applicable reviews in regard to AGENCY standards and policies. 2.0 DATA COLLECTION 2.1 Field Reconnaissance/Site Visits The CONSULTANT shall conduct site visits as appropriate to become familiar with the project site. The CONSULTANT's staff shall note specific elements where supplemental survey information may be necessary in order to adequately address the impacts and design solution to the proposed improvements. Six site visits are assumed for this scope of services. 2.2 Utility Record Drawing Search The CONSULTANT shall secure plans for above-and below-ground facilities from public and private utilities serving the project area. The CONSULTANT shall call for "one-call" utility locates prior to conducting soils investigations and topographic survey for the project. 2.3 ROW Research The CONSULTANT shall research ROW and perform ROW survey for this project. The CONSULTANT shall obtain copies of Kitsap County Assessor maps showing the existing ROW within the project limits and shall research available records of survey, state highway ROW plans, Kitsap County, and City of Port Orchard road plans within the project limits. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 4 BERGER/ABAM, FPPWT-05-211 August 2005 The CONSULTANT shall order preliminary title commitments for each parcel that requires ROW acquisition. It is estimated that 40 preliminary title commitments will be required. Cancellation fees for parcels that do not pay for full title insurance at the time of closing escrow shall be paid by the CONSULTANT and reimbursed under this agreement as a direct expense. The CONSULTANT shall use this documentation to place the ROW onto the base maps. Any discrepancies in the existing ROW shall be documented and brought to the attention of the AGENCY. 2.4 Field Survey (Topography and Horizontal and Vertical Control) The CONSULTANT shall schedule and conduct surveys to establish horizontal and vertical control as necessary for the proposed project. Due to the lack of monuments along Tremont Street, it is assumed that the survey will need to tie into section geometry in order to establish the ROW. The CONSULTANT shall establish reference points such as on-site existing monumentation (where obvious), property corners, and other miscellaneous ROW marks. The CONSULTANT shall acquire relevant recorded documentation of plats, record surveys, and utility maps. It shall be the responsibility of the AGENCY to obtain any landowners' permission before any field investigations that require private property to be accessed. Permission must be obtained prior to fieldwork on privately owned land. Survey data shall be obtained and depicted in a format acceptable to the AGENCY. The horizontal and vertical datums for the survey will be specified to the surveyor prior to the commencement of the field survey. Cross sections and profiles shall be provided by the CONSULTANT, as requested. After reviewing the existing documentation available within the project limits, the CONSULTANT shall perform a topographic survey, picking up the ground information to complete the base map for the project site including existing cross sections at 25-foot intervals, utilities, structures, valves, streets, fences, utility poles, signs, edges of pavement, ditches, hydrants, landscaping, and trees 4 inches or greater in diameter shall be noted. At a minimum, it is assumed that the CONSULTANT shall field survey the existing profile grade of the roadway; the centerline of the existing driveways to at least 20 feet beyond the existing ROW line; and building corners, utility locate paint marks, parking lots, and existing landscaping to generally 20 feet beyond the ROW line. Cross streets shall be mapped to 100 feet beyond the anticipated limits of improvements as described in the "Proposed Improvements" section of the project description above. The CONSULTANT shall prepare right-of-entry forms for properties that require the CONSULTANT to access property for the purposes of this project. The AGENCY will provide names and addresses of the property owner of record for the CONSULTANT's use in preparing the forms, and the AGENCY will be responsible for mailing and acquiring the executed rights-of-entry. 2.5 Base Maps The CONSULTANT shall use the survey data obtained in Sections 2.3 and 2.4 to create a base map for this project depicting the existing conditions. The base maps shall include existing ROW and existing centerline survey control, as well as existing edge of pavement, landscaping, and vegetation, existing utilities as depicted on record drawings or field located, and other manmade features, such as buildings and other improvements. Base maps shall be field verified for accuracy. Base maps shall be prepared at 1" = 20' with a contour interval of 1 foot. Base maps shall be prepared in Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 5 BERGER/ABAM, FPPWT-05-211 August2005 accordance with American Public Works Association (APW A) Washington Chapter layering and symbology standards. 2.6 Traffic Counts 2.6.1 Turning Movement Counts The CONSULTANT shall collect and analyze turning movement counts for the PM peak hour for the following intersections on Tremont Street/Southwest Clifton Road. • SR 16 Southbound Ramps • SR 16 Northbound Ramps • South Kitsap Boulevard/Canyon Court • Pottery Avenue • Port Orchard Boulevard • Sidney Avenue And away from Tremont Street at the following location. • Pottery Avenue at South Kitsap Boulevard 2.6.2 Vehicle Volume, Speed, and Classification Counts The CONSULTANT shall collect and analyze machine counts to monitor volume, classification, and speed of all vehicles heading in each direction (eastbound counts and westbound counts) on five consecutive weekdays at the following locations. • East of SR 16 Southbound Ramps • East of SR 16 Northbound Ramps • East of South Kitsap Boulevard • West of Port Orchard Boulevard 2. 7 Habitat and Species Search The CONSULTANT shall purchase the Washington State Priority Habitats and Species Database (PHS) map product for the site and prepare other pertinent map excerpts for inclusion into the biological assessment (BA) report. The PHS map illustrates documented species use and distributions. The CONSULTANT shall prepare information request letters to the various resource agencies (state and federal) soliciting input regarding listed species presence, under the Endangered Species Act (ESA), within a 1.5-mile radius of the proposed project. The response to this request may take as much as two months to receive. It is important that this request be made as soon as possible to facilitate project scheduling. The AGENCY shall provide copies of pertinent reports prepared by others, if available. 2.8 Wetlands and Sensitive Areas Search The CONSULTANT shall research wetlands and sensitive areas within the vicinity of this project that may be affected by the proposed improvements. The CONSULTANT shall obtain copies of Kitsap County Sensitive Areas maps. The CONSULTANT shall use this documentation to support environmental planning and permitting efforts on the project. The AGENCY shall provide copies of pertinent reports prepared by others, if available. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 6 BERGER/ABAM, FPPWT-05-211 August 2005 2.9 Soils Investigation/Pavement Design The CONSULTANT shall perform geotechnical investigations for this project. The CONSULTANT shall provide draft and final geotechnical reports (four copies each) that summarize the field explorations, analysis, and recommendations for the pavement section, signal pole foundations, retaining walls, and infiltration rates for storm water facilities. Two separate pavement designs shall be for Tremont Street and one for the side streets. Pavement designs shall be conducted in accordance with the WSDOT Design Manual for a 20-year design life and shall be presented to the AGENCY for approval. Geotechnical explorations will be completed in two phases. 1. The initial phase will include up to 12 drilled borings, each to a depth of up to 15 feet. Data and soil samples collected in the initial phase will be used as a basis for providing geotechnical design parameters and recommendations for grading and earthwork; foundation design criteria and lateral earth pressures for retaining walls and signal poles; asphalt pavement design; and preliminary infiltration rates. 2. The second phase will include up to eight backhoe excavated test pits to further explore subsurface conditions in areas where infiltration is proposed and to conduct up to four falling head infiltration rate tests. 2.10 Digital Ortho Aerial Photos The CONSULTANT shall obtain digital aerial photos of the project area for the purpose of conducting conceptual designs and providing graphics for public outreach efforts on the project. The photos shall be digitally rectified and translated to Washington State plane coordinates and shall provide a maximum pixel size of 1 foot. 3.0 TRAFFIC ANALYSIS 3.1 Traffic Forecasting Prior to commencing traffic analysis, the CONSULTANT shall coordinate with the AGENCY and Kitsap County traffic operations staff to establish traffic growth rates for use on the project. The CONSULTANT shall review currently available information pertaining to proposed development, including the McCormick Urban Development Transportation Plan. 3.2 Level-of-Service Analysis Synchro traffic signal modeling software shall be used to evaluate the level of service at the project intersections indicated in Task 2.6 for the existing condition, the no-build design year condition, and the design year condition for the proposed project condition. A NetSim traffic simulation shall be prepared for each of the above-mentioned conditions. The CONSULTANT shall obtain existing traffic signal timing from the City of Bremerton traffic signal maintenance staff on behalf of the AGENCY. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 7 BERGER/ABAM, FPPWT-05-211 August 2005 3.3 Roundabout Feasibility Evaluation Prior to commencing public outreach and preliminary design for the project, the CONSULTANT shall conduct a cursory evaluation of the feasibility of providing roundabouts at the following intersections. • SR 16 Southbound Ramps • SR 16 Northbound Ramps • South Kitsap Boulevard/Canyon Court The evaluation shall consider existing topographic features, forecasted traffic volumes/patterns, impacts to adjacent properties and ROW acquisition requirements. The Roundabouts: An Informational Guide publication of FHWA and the WSDOT Design Manual shall be used as the basis of this evaluation. The CONSULTANT shall coordinate this evaluation through informal consultation with WSDOT Olympic Region staff. The CONSULTANT shall prepare a brief memorandum to document the findings of the evaluation. If it is found that roundabouts are feasible and appropriate for further investigation, the preliminary and final design of the roundabouts will be provided as a supplement to this agreement. 3.4 Signal Warrant Analysis Signal warrant analysis shall be conducted per the Manual on Uniform Traffic Control Devices (MUTCD) (current edition at the time of execution of this agreement) for up to four warrants at each of the following intersections. • SR 16 Southbound Ramps • SR 16 Northbound Ramps Existing PM peak turning movement counts, as identified under Task 2.6, and forecasted turning movement counts, prepared under Task 3.1, shall be used as the basis of estimating volumes for signal warrants. 3.5 Intersection Analysis Synchro traffic signal modeling software shall be used to determine signal phasing, signal timing, and intersection lane and turn pocket storage requirements for the selected design year project condition. 4.0 PUBLIC INVOLVEMENT 4.1 City Design Charrette The CONSULTANT shall facilitate a workshop to solicit input from representatives from the City Council, and public works and planning departments as identified by the AGENCY's project manager. The purpose of this 1/2-day workshop will be to establish the general parameters and initial concepts for the project's creation of a "gateway" to the city. The CONSULTANT shall further develop and refine up to two options for the gateway treatment from the ideas developed in the charrette for presentation to the public at the open house workshop. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 8 BERGER/ABAM, FPPWT-05-211 August 2005 4.2 Public Meeting No. 1 -Open House Workshop The CONSULTANT shall coordinate, lead, and participate in one open house for the project during the preliminary design). The CONSULTANT shall prepare approximately 10 color display boards for use at the open house. It is generally anticipated that the boards will show • Project Description/Background • Typical Roadway Sections for Two Alternatives • "Stacked" Plan View Boards (five) • Gateway Treatment Options (two) • Low-Impact Development Concepts In addition, the CONSULTANT shall provide two "roll plots" of the plan view with color=coded improvements shown over an aerial photo. Plots will be available for open house participants to draw on with felt markers. The CONSULTANT shall prepare a media release for the meeting and shall arrange and coordinate the meeting place and time with the AGENCY. The CONSULTANT shall prepare an invitation and questionnaire for review and comment by the AGENCY. The questionnaire shall be to provide the public with the opportunity to comment if they are not able to attend the meeting. The CONSULTANT shall provide printing of the invitation and questionnaire. The AGENCY will be responsible for addressing and mailing the invitation. The CONSULTANT shall prepare a short memo to summarize the results of the open house workshop. 4.3 Public Newsletter The CONSULTANT shall prepare a newsletter to notify the public of the preferred alternative. It is generally anticipated that the newsletter will include the following. • Project Description/Background/Update • Typical Roadway Section(s) for the Preferred Alternative • Vicinity Map • Schedule for Next Steps Toward Project Implementation • Comment Sheet for Public to Complete and Mail to the AGENCY Reproduction of the newsletter will be provided by the CONSULTANT. The AGENCY will be responsible for addressing and mailing. 4.4 Property Owner Meetings The CONSULTANT shall participate in focused property owner meetings as requested by the AGENCY. The level of effort for this task is indicated in Exhibit E. 4.5 Mailing List The AGENCY will prepare a mailing list of the adjacent property owners, as well as utility owners and businesses within the limits of the project. The AGENCY will maintain the project mailing list for the duration of the project. The CONSULTANT shall provide the AGENCY with contact information for interested parties as brought to the attention of the CONSULTANT during the course of the project. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 9 BERGER/ABAM, FPPWT-05-211 August 2005 5.0 PRELIMINARY DESIGN (30 percent Design Level) 5.1 Horizontal and Vertical Alignment The CONSULTANT shall develop the street geometry associated with the proposed street improvements. Curb returns shall match into existing intersections, driveways, and walkways, as necessary. The vertical alignment shall be examined with respect to the proposed back of sidewalks and shall be adjusted where necessary to correct irregularities in the existing profile grade. The vertical alignment established shall be consistent with applicable design criteria, drainage requirements, existing and proposed driveways, and existing grades. Grades will be established such that street drainage will occur and the proposed street section will provide a reasonable match to the edge condition and fit within the proposed ROW. The CONSULTANT shall furnish information on horizontal control and vertical datum, and provide this information to the AGENCY for approval. 5.2 Typical Street Sections Typical street sections shall be developed for this section of Tremont Street and each of the cross streets proposed for improvement. Typical sections shall be based on the AGENCY's requirements showing curb, gutter, sidewalks, and side slopes. Supplemental typical edge condition sections shall be prepared to address the various requirements necessary to match into adjacent properties. The street sections shall address any needed street widening, as well as pavement removal. 5.3 Edge Conditions Existing edge conditions along the proposed back of sidewalk shall be examined with respect to the proposed improvements. Typical edge conditions to be incorporated include driveways (asphalt and concrete), buildings, parking, fencing, nonstructural retaining walls, and established landscaping, as well as issues involving the drainage of the adjacent properties. 5.4 Street Storm Drainage The CONSULTANT shall prepare and submit, as a part of the preliminary engineering (30 percent), a street drainage analysis and plan for the improvement area. Every effort shall be made to maintain or improve the existing drainage patterns on the project. Where possible and appropriate, low-impact development (LID) design options shall be considered. WSDOT's Highway Runoff Manual (current edition at the time of signing this agreement) shall be used as the basis of design. A technical information report (TIR) shall be prepared in accordance with the Highway Runoff Manual for submittal to the AGENCY. Temporary erosion/sedimentation control issues shall be addressed in the TIR. 5.5 Utility Coordination Record drawings of existing utilities shall be examined with respect to the proposed improvements. The CONSULTANT shall contact each utility owner known to be in the area to verify information and to determine future utility plans for additional facilities. Relocation of the existing utilities shall be avoided, except where necessary, due to the proposed widening and improvement requirements. The CONSULTANT shall coordinate with the utility owners regarding the impacts of existing utilities on the proposed improvements. The AGENCY will be responsible for directing utility owners to relocate facilities. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 10 BERGER/ABAM, FPPWT-05-211 August 2005 The CONSULTANT shall coordinate with the utility owners to evaluate the feasibility of undergrounding existing overhead facilities. If undergrounding of utilities is determined to be feasible and appropriate, design of underground utility facilities may be provided by the CONSULTANT by supplement to this agreement. 5.6 Intersection Channelization and Traffic Signals The CONSULTANT shall prepare a preliminary channelization and signalization layout for the following intersections on Tremont Street. • SR 16 Northbound Ramps • South Kitsap Boulevard/Canyon Court • Pottery Avenue • Port Orchard Boulevard The signalization layout plan shall show poles, signal heads, luminaires, stop bars, crosswalks, turn pockets, curb ramps, controller, power source, and induction loop locations. The CONSULTANT shall prepare channelization in accordance with AGENCY standards, including the latest edition of MUTCD and the LAG manual. 5. 7 Illumination Criteria and Calculations The CONSULTANT shall coordinate with the AGENCY to establish average light level and uniformity criteria for use on the project. Illumination at the SR 16 northbound ramp terminal intersection shall conform to WSDOT Illumination Design Standards. Light standard pole types, luminaire types, and typical light standard spacings shall be determined and identified in the body of the design memorandum. The CONSULTANT shall use this information to provide an estimate of probable construction costs for the recommended illumination system. Illumination upgrades along the project corridor will be accomplished by the addition of a new illumination system consisting of luminaires on dedicated light standards. 5.8 ROW/Easements Required ROW, construction easements, and driveway reconstruction easements shall be determined by the CONSULTANT and presented to the AGENCY. ROW and easement requirements shall be shown on the preliminary design plans Services to secure the required ROW and construction easements, including all negotiations with property owners, will be provided by the AGENCY or negotiated as a supplement to this agreement. The CONSULTANT shall attempt to minimize additional ROW and easements. Title insurance, appraisals, ROW, and easement negotiation and acquisition will be addressed as "extra work'' if required by the AGENCY. 5.9 Preliminary Roadway Plans The CONSULTANT shall prepare preliminary roadway plans at a scale of 1" = 20' that depict the preliminary design Tasks 5.0 through 5.9 as described above. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 11 BERGER/ABAM, FPPWT-05-211 August 2005 5.10 Low-Impact Development Design Strategies The CONSULTANT shall make a preliminary assessment and recommendation to address LID design strategies for the project. Low impact drainage and water quality concepts shall be developed by the CONSULTANT in coordination with other design team members who shall provide technical data and support. A range of LID strategies shall be considered for implementation along the corridor to reduce utility costs and elements in response to the soils information, stream and water corridor information, topography, ROW, and project boundary lines elements. These LID strategies shall look for opportunities to reduce storm ponds and piping within the corridor and instead identify methods and means to use swales infiltration elements such as rain gardens and smaller detention elements as part of the larger overall landscape design plan. It is assumed that one to two sheets of LID concepts and locations will be required. 5.11 Gateway Design The CONSULTANT shall make a preliminary assessment and recommendation to address gateway design opportunities in coordination with the AGENCY and other design team members. The gateway element will be a new wayfinding and welcoming element at the entry to Port Orchard. The design element may be a significant focal point feature such as a roundabout or a more linear design element incorporated into the larger landscape treatment along the edges of the ROW. Lighting elements, flags, and sculptures may be incorporated into part of the larger land form and natural elements of the gateway feature. The design charrette with the AGENCY and community input into the concepts for this feature shall be undertaken in coordination with the traffic analysis and overall pavement design. For the purpose of establishing the level of effort of these services, it is assumed that two preliminary design concepts will be developed, with guidance from the charrette, to address the landscaping and landscape architecture features of the gateway and corridor treatments. The final design of the preferred solution will commence after approval of the project design memorandum. It is assumed that two sheets of alternative gateway designs will be required. 5.12 Landscaping Design The CONSULTANT shall make a preliminary assessment and recommendation to address landscaping for the project. Landscape design for this phase will involve the integration of the proposed new roadway into the existing terrain and vegetation. The landscaping design shall be coordinated with preliminary roadway layouts and grading. Estimates of cost for landscaping and irrigation will be by a square- foot basis. The design shall promote the Best Management Practices (BMPs) for landscaping, as well as design integration into the existing context. The use of mostly native plants and temporary irrigation system shall be investigated. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 12 BERGER/ABAM, FPPWT-05-211 August 2005 Potential landscape features may include • Landscape planter strips where ROW and utilities permit • Low growth groundcover and/or shrubs in landscape planter strips • Street trees in landscape planter strips or at the back of sidewalk where no landscape planter strip is provided • Low growth landscape in traffic islands/medians • Limited restoration of existing landscaping features will be provided in-kind for what currently exists along the corridor on immediately adjacent properties. Design services for landscaping beyond the roadway corridor will be considered extra work and may be provided during final design by supplement to this agreement During this phase. preliminary landscape planting plans shall be prepared to reflect the overall planting design, including the definition of planting areas for grass and shrub massing, as well as tree locations. Lists of acceptable plants shall be provided and included in the design memorandum. The CONSULTANT shall indicate areas of temporary and permanent irrigation systems, ifrequired, on the preliminary landscape and irrigation plans. Temporary irrigation for plant establishment will be provided by the AGENCY by water truck and will not require the design of temporary irrigation systems. Areas requiring permanent irrigation systems shall be shown on the plans and provided with square-foot cost estimate information for inclusion in the cost estimate for the design memorandum. The AGENCY will provide water pressure and types of irrigation elements that are standard for use in the city. It is assumed that six sheets of preliminary landscape planting will also include the identification of irrigation zones for cost purposes. Plans will be prepared at a scale of 1" = 20' or 1" = 30' as deemed appropriate by the CONSULTANT for the areas toe covered and required detail for design. 5.13 Permit Assistance The CONSULTANT shall assist the AGENCY by preparing, submitting, distributing, and responding to comments to permits for the project. It is assumed that the following permits will be required for this project. • Section 404 -U.S. Army Corps of Engineers (USACE) (as it relates to storm water management and receiving water) • Section 401 -Washington State Department of Ecology (as it relates to storm water management and receiving water) • Section 106 -Cultural Resources (requires field survey and separate report) Cultural Resources Survey (see Task 5.20) • Critical Areas Ordinance Review (wetlands, streams and buffers) -City of Port Orchard • SEPA -State of Washington EPA Checklist (see Task 5.14) Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 13 BERGER/ABAM, FPPWT-05-211 August 2005 • NEPA -Federal -Environmental Classification Summary (ECS) Checklist for Categorical Exclusion (anticipated to dovetail with SEPA process) (see Task 5.15) Biological Assessment (see Task 5.16) Air Quality Assessment and Noise Analysis (see Tasks 5.17 and 5.18) Environmental Justice (see Task 5.19) Permitting support includes publishing notices, receiving and responding to comments, and analyzing and summarizing this and other information as it relates to the various regulations and codes of the NEPA, SEPA, and City of Port Orchard regulations. Support shall be in the form of written and verbal recommendations to the AGENCY, the public, and the various agencies involved in the process. It is anticipated that there will be three rounds of editing and document submittals in order to address the various agencies' concerns and comments. Permit documentation shall include appropriate reports and forms, along with design drawings prepared to meet submittal specifications. This work includes services associated with any meetings and conference calls between the AGENCY, the project design team, and the regulatory agencies. Up to four project meetings are planned to accommodate the permitting effort. Note that permits are issued for a finite time frame and must be renewed as time limits approach. The CONSULTANT shall prepare project drawings in 8-1/2-by 11-inch size format with specific attention to certain details as required by USACE for permit applications. The CONSULTANT shall incorporate and reference relevant special provisions, requirements, and conditions warranted by the permits into the project plans and specifications. 5.14 SEPA Environmental Checklist The CONSULTANT shall be responsible for preparing the SEPA Environmental Checklist for the project. For this project, it is anticipated that SEPA will dovetail with the NEPA process. The CONSULTANT shall provide a completed SEPA Checklist and exhibits as a necessary part of the checklist. The AGENCY shall secure and issue a Determination of Non-significance (DNS) for this project. 5.15 NEPA Environmental Classification Summary (ECS) Checklist Because this project is federally funded, the NEPA Process will be used. It is anticipated that the project will meet the Documented Categorical Exclusion (DCE) criteria and that documentation for the NEPA permitting process will consist of an ECS Checklist and BA (see below). If an environmental assessment is required, a scope and contract amendment will be necessary prior to commencing further with the permitting process. The CONSULTANT shall be responsible for preparing the ECS for the project and coordinating with the WSDOT Local Programs engineer assigned to this project. 5.16 Biological Assessment Report The CONSULTANT shall prepare a BA report describing the proposed project; construction methods and timing; species and habitats in the project area; impacts of the proposed project on ESA threatened, endangered, proposed, and candidate species; impacts of the proposed project on critical habitat of such species, conservation measures, and mitigation; and an "effects determination." The impacts analysis includes direct, interrelated, interdependent, and indirect effects. Federally listed Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 14 BERGER/ABAM, FPPWT-05-211 August 2005 species identified under the processes described in Task 2.3 shall be addressed in the BA. The information included in the BA (major headings and content) shall follow the existing standardized guidelines provided by NOAA Fisheries and U.S. Fish and Wildlife Service (USFWS) (the Services). The format (style, numbering, paragraph alignment, font, etc.) of the report shall follow the FHWA or WSDOT BA template. The preparation of the BA report shall involve increased coordination with the project engineers and review of the project elements that pose concern to the regulatory agencies that review the BA. Specific information regarding project sequencing, phasing, construction methods, equipment used, and other details shall be fully defined and reported. BA reports must be updated every six months to allow for new species listings and protection measures to be integrated. The CONSULTANT shall provide a draft report for AGENCY review and comment prior to final report completion. The report shall present a vicinity map, engineering drawings, and site photographs. The report will not provide the PHS maps obtained from the Washington State Department of Fish and Wildlife (WDFW) due to a memorandum of understanding between WDFW and GeoEngineers. The report shall also provide the species letter correspondence between the Services and the CONSULTANT. The CONSULTANT shall prepare the final report after the AGENCY has had an opportunity to view the results and provide input to the "impacts analysis" section of the document. The CONSULTANT shall prepare a final report addressing the AGENCY's comments that may then be submitted for jurisdictional review and final permitting. A total of eight copies of the final report shall be provided: six copies for the AGENCY to submit to WSDOT, one copy for the AGENCY's records, and one copy to retain for the CONSULTANT'S records. More copies may be requested at an added production expense. Typically, BA documents are sent to USACE for review and nearly always come back with comments for revision. The CONSULTANT shall work closely with USACE to minimize any delay. The CONSULTANT shall incorporate AGENCY and jurisdictional review comments into a revised final report. Eight copies of the revised final report shall be provided. 5.17 Air Quality Assessment The CONSULTANT shall provide an assessment of potential air quality impacts associated with the increased capacity and traffic volumes in the corridor as required by the NEPA environmental process. The above effort will be documented in an air quality report. The CONSULTANT shall provide four copies of the draft report and four copies of the final. 5.18 Noise Analysis The CONSULTANT shall provide analysis of potential noise impacts associated with the increased traffic in the corridor as required by the NEPA environmental process. The above effort will be documented in a noise analysis report. The CONSULTANT shall provide four copies of the draft report and four copies of the final. 5.19 Environmental Justice Assessment The CONSULTANT shall identify local populations that conform to U.S. Department of Transportation definitions for "minority" and "low-income." Methods for identification shall include examination of current census information and discussion with local agencies (i.e., planners, social service providers, school district officials, etc.), but will not include door-to-door visits in the project area. This review shall also include a comparison of demographic information of the people within the study area to larger county populations to determine if any special populations reside within the project limits that exceed the characteristics of the county as a whole. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 15 BERGER/ABAM, FPPWT-05-211 August 2005 Based on this research, the absence or presence of special population groups shall be documented. If such groups are present in the project area, potential impacts, including the possibility for disproportionate adverse impacts, on these populations shall be evaluated consistent with Title VI of the Civil Rights Act of 1964. Mitigation measures for such impacts will be identified. The above effort will be documented in an environmental justice report. The CONSULTANT shall provide four copies of the draft report and four copies of the final. 5.20 Cultural Resources Survey The CONSULTANT shall provide the following. • A recorded sites file search at the Washington Office of Archaeology and Historic Preservation (OAHP) in Olympia • A review of environmental, archaeological, ethnographic, and historical literature appropriate to the project areas • A pedestrian survey of project locations for identification of archaeological and historical resources • Limited excavation of shovel probes in those environments which might contain archaeological deposits • Documentation of newly recorded sites within the project area (as necessary) • Preparation of a report describing background research, field methods, results of investigations, and management recommendati8ons. The report will include supporting documentation as required, including map(s) and photographs, and will conform to OAHP reporting standards. If extensive archaeological deposits are encountered within the project area, it may be necessary to modify this agreement to accommodate additional investigations for purposes of site identification (i.e., additional shovel testing and/or evaluative excavations). The CONSULANT shall provide consultation and coordination with tribal representatives regarding archaeological and cultural resources in or near the project area and shall contact the cultural resources staff of the affected tribe on a technical staff-to-technical staff basis for relevant project information. The above effort will be documented in cultural resources survey report. The CONSULTANT shall provide four copies of the draft report and four copies of the final. 5.21 Probable Construction Costs A list of bid items showing the unit of measurement, estimated unit price, estimated quantity, and total estimated cost for each bid item shall be prepared for the project. Probable construction costs shall be presented at each plan submittal to the AGENCY and shall include contingencies to account for appropriate risks. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 16 BERGER/ABAM, FPPWT-05-211 August 2005 5.22 Design Memorandum The CONSULTANT shall prepare a design memorandum discussing design criteria, alignments, layouts, schematics and/or phasing, public outreach process, environmental documentation, conflicts, mitigation measures, and cost estimates. The design memorandum shall identify potential ROW/easement issues and environmental concerns, street layouts, and intersection alternatives considered. A preferred street configuration and gateway concept shall be identified in the design memorandum to be used as the basis of preparing the PS&E for the project. Draft and final copies of the design memorandum shall be prepared for the project to address each element of the project under Task 5.0 Preliminary Design of this scope of services. The design memorandum shall represent a 30 percent level of design completion for the project. The report shall depict the findings and recommendations for completing the design of the proposed improvements. Three copies of the memorandum and half-size plans and one copy of full-size plans shall be submitted at the draft and final submittals. 6.0 CONSTRUCTION PS&E The CONSULTANT shall prepare PS&E documents for the construction of the proposed project consistent with state, county, and/or AGENCY design standards, and of such standards as to provide competitive bidding by contractors. A preliminary draft of the plans shall be presented for the AGENCY's review at the approximate 60 percent level of design. With this preliminary submittal, a preliminary construction cost estimate shall be furnished. Upon review of these preliminary plans by the AGENCY, the CONSULTANT shall then make such additions or changes as directed by the AGENCY, and proceed with the final design and editing of the PS&E. A final draft of the PS&E shall be presented for review and comment at the approximate 95 percent level of design. A final construction cost estimate along with the final PS&E contract documents shall be delivered to the AGENCY for review, prior to the AGENCY authorizing construction bid notices. Three copies of each review submittal shall be provided by the CONSULTANT. Thirty (30) sets of final bid documents, including project manual and half-size plans, shall be provided by the CONSULTANT. 6.1 Title Sheet A title sheet depicting the project name, vicinity map, index of drawings, AGENCY logo, and other AGENCY information shall be prepared for the project that addresses each element of the project defined under Section 4.0 by the CONSULTANT. 6.2 Legend, Symbols, and Abbreviations A drawing shall be included that depicts a legend and symbols used in developing the street, storm drainage, and other design elements of the project. A key to all abbreviations shown on construction drawings shall be included on this drawing. 6.3 Typical Street Sections Typical street sections shall be developed for this section of Tremont Street and each of the cross streets proposed for improvement. Typical sections shall be based on the AGENCY's requirements showing curb, gutter, sidewalks, and side slopes. Supplemental typical edge condition sections shall be prepared to address the various requirements necessary to match into adjacent properties. The street sections shall address any needed street widening, as well as pavement removal. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 17 BERGER/ABAM, FPPWT-05-211 August 2005 Typical street sections shall be referenced along the length of the proposed street improvements. 6.4 Site Preparation and Temporary Erosion and Sedimentation Control Plans Site demolition plans shall be prepared to indicate removals of pavement, sidewalks, curbs, signs, utilities, and other structures and obstructions as required to prepare the site for construction. Temporary erosion and sedimentation BMPs and other measures required to prepare the site for construction shall be shown on the site preparation plans. 6.5 Street Plans and Profiles Street plans and profiles shall be prepared in accordance with the approved design memorandum, preliminary plans, and field data. Street plans and profiles shall be shown on the same sheet at a scale of 1" = 20' horizontal and 1" =1' vertical. The plans shall depict centerline horizontal alignment, ROW limits, face of curb, back edge of sidewalk, signing, and channelization markings. Screened base maps shall be used to depict existing conditions and topographic features. The street profile shall depict the centerline vertical alignment, original ground line, and other information. Existing and proposed ROW lines shall be delineated on the street plans. Construction easements shall be presented on the street plan/profile sheets. 6.6 Street Details Street design details shall be prepared as necessary to depict nonstandard items of construction not adequately detailed in the WSDOT Standard Plans or other standard plans as adopted by the AGENCY. Details may include rock facings, fencing, sign installation, channelization markings, driveway profiles, and curb return profiles 6. 7 Drainage Design The drainage design, as conceptualized in the design memorandum and the TIR, shall be developed into the storm drainage plans and profiles and shown on the street plan/profile sheets. The drainage design shall define and locate the required facilities. The storm drainage profiles shall be shown with the plan view and shall depict pipe invert elevations, pipe slopes, pipe lengths, pipe type, and structure type. Temporary erosion and sedimentation control plans shall be shown on the street plan/profile sheets. Additional sheets shall be prepared as necessary to detail the storm drainage design and erosion control. 6.8 Drainage Details Storm drainage details shall be prepared as necessary to depict nonstandard items of construction and those items not adequately defined or detailed in the WSDOT Standard Plans or other standard plans adopted by the AGENCY. Details may include riprap installation, treatment details, pipe connections, and trenching. 6.9 Not-Used 6.10 Utility Coordination The utility owner will engineer utility relocations. The CONSULTANT shall coordinate the utility relocations with the utility owners. The CONSULTANT shall review the utility relocation design for consistency with the proposed street improvements. Relocation of overhead utility poles and at- grade pedestals are anticipated on one or both sides of the roadway. Design for undergrounding of Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 18 BERGER/ABAM, FPPWT-05-211 August 2005 overhead utilities, if deemed feasible and appropriate under Task 5.5, may be provided by the CONSULTANT by supplement to this agreement. 6.11 Channelization/Signing Plans The CONSULTANT shall show sign locations, as necessary, for this project on the channelization plans. Channelization markings shall be presented on these plans and be in accordance with applicable AGENCY standards 6.12 Traffic Control Plans The CONSULTANT shall provide site-specific traffic control plans to reflect the closure of the outside lanes of Tremont Street to accommodate construction of improvements on Tremont Street at the east leg of the SR 16 northbound ramp terminal intersection in the vicinity of the SR 16 limited access. These plans shall be in accordance with WSDOT Standards and shall be submitted to WSDOT for review and approval. One round of WSDOT review and comment is assumed. All other traffic control issues for the project shall be addressed with the use of WSDOT Standard Plans (K-Series), Standard Specifications, and the project's special provisions. 6.13 Traffic Signal Plans The CONSULTANT shall prepare traffic signal plans, specifications, and estimates for traffic signals at the following intersections on Tremont Street. • SR 16 Northbound Ramps (new signal) • South Kitsap Boulevard/Canyon Court (signal reconstruction) • Pottery Avenue (signal reconstruction) • Port Orchard Boulevard (pedestrian push button and traffic loop modifications on west leg) Design shall include underground traffic signal interconnect for signals within the project limits and overhead interconnect between the signals at Port Orchard Boulevard and Sidney Avenue. This scope of services assumes that this project will include a new traffic signal within the WSDOT SR 16 limited access area at the northbound ramp terminal intersection. The CONSULTANT shall coordinate traffic signal maintenance agreements and design standards with the AGENCY, WSDOT Olympic Region, and the City of Bremerton traffic signal maintenance staff. The construction drawings shall include WSDOT style signal layout plan, schematic wiring diagram, and signal pole schedule. 6.14 Gateway, Landscaping, and Restoration Plans The CONSULTANT shall prepare gateway, landscaping, and restoration construction plans (at 1" = 20'), specifications, and estimates for the recommended gateway features, LID concepts, landscaping, and landscape restoration as identified in approved design memorandum. For the purpose of establishing the level of effort of the services under this task, it is assumed that the preliminary design features/concepts will fall within the scope of preliminary design as identified in Section 4. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 19 BERGER/ABAM, FPPWT-05-211 August 2005 6.15 Irrigation Plans The CONSULTANT shall prepare irrigation plans (at 1"=20'), details, specifications, and estimates for the gateway irrigation system(s) as identified in the approved design memorandum. It is assumed that only landscaping around significant focal point features, such as at a roundabout or corner(s) of a main intersection, will require irrigation systems. Linear landscape improvements will be watered by the AGENCY. Irrigation plans and details shall show the irrigation design fixing head layouts, meter and point of connection locations, sleeving, controller locations, and product information within a specification for fully operational irrigation system. Specifications shall be prepared in the WSDOT format to describe materials and finishes, construction methods and workmanship, measurement, and payment. For the purpose of establishing the level of effort of the services under this task, it is assumed that the preliminary design features/concepts will fall within the scope of preliminary design as identified in Section 4. 6.16 Special Provisions WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, 2006, shall be used for this project. Whenever possible and appropriate, WSDOT standard items and general special provisions shall be used. The CONSULTANT shall prepare WSDOT format project specific special provisions as necessary to supplement the standard specifications and general special provisions. 6.17 Engineer's Estimate Engineer's estimates shall be prepared for 60 percent, 95 percent, and final submittals. The final engineer's estimate for the probable construction costs shall be prepared to list all of the project bid items in correct order, showing contract item number, unit of measurement, estimated unit price, estimated quantity, and total estimated cost for each. The total project cost shall be shown on this estimate. This estimate will be used as the basis of review for the lowest responsive responsible bidder. 6.18 Electronic Construction Document Deliverable The CONSULTANT shall prepare as-bid plans in AutoCAD format and specifications in Microsoft Word format. Plans and specifications shall be delivered to the AGENCY in electronic format. 7.0 ROWPLANS 7 .1 Draft ROW Plans The CONSULTANT shall prepare ROW plans for the AGENCY's use in acquiring ROW for the project. The plans shall be prepared in accordance with Chapter 25 of the Local Agency Guidelines manual and shall show required ROW, permanent easements, and temporary construction easements. A schedule of areas shall be provided to indicate for each parcel requiring acquisition, the owner of record, total parcel area, acquisition area, remainder area, and slope easement areas. The draft ROW plans will be used by the AGENCY to prepare the project funding estimate. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 20 BERGER/ABAM, FPPWT-05-211 August 2005 7.2 Legal Descriptions The CONSULTANT shall prepare legal descriptions for ROW acquisitions and proposed easements based on the draft ROW plans. It is estimated that 20 legal descriptions will be required. The CONSULTANT shall revise legal descriptions as directed by the AGENCY to reflect changes that occur due to ROW negotiations. It is estimated that five legal descriptions will require revisions. 7.3 ROW Negotiation Support The CONSULTANT shall support the AGENCY's ROW agent during negotiations. The level of effort for this task is indicated in Exhibit E. 7.4 Final ROW Plans The CONSULTANT shall revise the draft ROW plans to reflect the results of ROW acquisitions. The AGENCY's ROW agent shall provide the CONSULTANT with one round of comments for incorporation into these final ROW plans. 8.0 FUNDING ASSISTANCE 8.1 Funding Assistance The CONSULTANT shall support the AGENCY in pursuing additional funding for the project. The level of effort for this task is indicated in Exhibit E. 9.0 BID AND AWARD SERVICES 9.1 Bid Advertisement The CONSULTANT shall prepare a call for bids for the AGENCY's use in advertising the project. 9.2 Bid Document Reproduction The CONSULTANT shall provide reproduction of bid documents, including the project manual and half-size plan sheets. The actual cost of reproduction shall be paid to the CONSULTANT by prospective bidders as part of the purchase price for bid documents. 9.3 Bidding Administration The CONSULTANT shall provide an on-line bidding service to make bid documents available for on- line viewing free of charge to the prospective bidders. The cost to provide this service shall be paid by the CONSULTANT and reimbursed by the AGENCY as a direct expense under this agreement. One copy of the plans and project manual shall be available at City Hall for viewing by prospective bidders. Additional copies of the plans and project manual shall be available for bidders to purchase at the retail location of the on-line bidding service, or by mail for an extra fee to the bidder. The on- line service shall maintain a plan holders list for the project. 9.4 Response to Bidder Inquiries The CONSULTANT shall respond to bidders' questions during bid period and prepare and distribute addenda to the bid documents. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 21 BERGER/ABAM, FPPWT-05-211 August 2005 9.5 Bid Opening and Award The AGENCY will conduct the bid opening. The CONSULTANT shall review the bids, prepare bid tabulations and assist the AGENCY with a recommendation for contract award. The AGENCY will issue a notice of contract award, prepare contracts, receive required contractor bid documents, and issue notice to proceed. 10.0 CONSTRUCTION ADMINISTRATION SERVICES Construction administration, observation, and survey services are not included in this scope of work, but may be added as a supplement to this agreement. 11.0 SANITARY SEWER AND WATER DISTRIBUTION FACILITY ASSESSMENT 11.1 Coordination and Review of Existing Facilities The CONSULTANT shall coordinate with the AGENCY to obtain sanitary sewer and water system construction, maintenance, and service records, as available from the AGENCY. The CONSULTANT shall visit the site to conduct a field review of existing facilities as visible from above ground. The AGENCY will provide assistance with opening manholes, vaults, and valve covers as necessary to conduct this field review. TV inspections may be recommended for utility systems that are in questionable condition or that cannot be located in the field. Depending on the age and condition of the existing sewer pipe, the CONSULTANT may provide recommendations regarding additional testing for evaluation of inflow and infiltration (I/I) testing. TV inspection and analysis of I/I is not included in this scope of services, but may be provided at a later date as a supplement to this agreement. 11.2 Adequacy Assessment The CONSULTANT shall conduct a cursory review existing sanitary sewer and water distribution facilities for adequacy to serve existing and planned uses within the project limits. The CONSULTANT will review the current utility master plan and consult with AGENCY staff regarding current and future water demands and sewer generation for the existing utility systems. Judgments on system capacity will be based on the above information. 11.3 Sewer and Water Facility Assessment Memorandum The CONSULTANT shall prepare a brief memorandum to summarize the record drawing review, field facility review, and make recommendations for sanitary sewer and water distribution upgrades or extensions to be constructed concurrently with the Tremont Street Widening project. If it is found that sanitary sewer or water distribution upgrades or extensions are warranted, the design of these facilities will be provided as a supplement to this agreement. Exhibit A-1, Scope of Services Tremont Street Widening, City of Port Orchard 22 BERGER/ABAM, FPPWT-05-211 August 2005 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULT ANT 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 work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 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, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: 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. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the booksofthe CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rateshown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULT ANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. DOT Form 140-089 EF Exhibit D-2 Revised 6/05 A summary of the CONSULT ANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSUL TANT (prime and all sub-consultants) will submit to the AGENCY within six (6) 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 CONSULT ANT or any of their sub-consultants 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. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords 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 sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULT ANT shall comply with the rules and regulations regarding travel costs ( excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 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 person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULT ANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." 6. Maximum 1 otal Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULT ANT 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 Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist ofrecording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULT ANT 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 CONSULT ANT 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 ofnotice of the overpayment. Such refund shall not constitute a waiver by the CONSULT ANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSUL TANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 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. Tremont Street Widening Exhibit E Consultant Fee Proposal EXHIBIT E-1 Consultant Fee Determination -Summary Sheet BERGER/ABAM Engineers Inc. Direct Salary Cost (DSC) PERSONNEL Project Executive Project Manager Senior Project Engineer Project Engineer/Senior Engineer Utility Engineer Engineer/Sr. Technician Graphics/CADD Project Coordinator Clerical Hours 42 $ 738 32 970 40 0 699 71 26 Direct Salary Cost SubTotal 2618 Direct Salary Cost Escalation -5% increase for FY2007 (Assuming 30% of labor hours after June 2006) Direct Salary Cost Total: Overhead Cost Net Fee Reimbursables Travel/Parking Digital Ortho Photo Traffic Counts 161.47% 30.00% Preliminary Title Commitments (cancellation fees only) Reproduction/Postage On-line Bidding and Bid Document Reproduction BERGER/ABAM SUBTOTAL Subconsultants: (See Exhibit G) Cascade Design Collaborative GeoEngineers ESM Consulting Engineers Widener & Associates 13.3% 15.9% 11 .0% 6.3% Pay Rate 55.76 42.20 46.54 26 .83 42.56 29.34 22.80 21 .77 20.54 of DSC of DSC SUBTOTAL SUBTOTAL Participation Participation Participation Participation $ $ $ $ $ $ $ $ $ $ SUBCONSULTANTS SUBTOTAL $ Cost 2,341.92 31,144 1,489 26,025 1,702 15,937 1,546 534 80,719 1,211 81 ,930 132,292 24,579 238,801 730 600 2,138 1,000 1 ,500 1 ,600 7,568 246,369 60,348 72,416 47,037 28,829 208 ,630 GRAND TOTAL* $ 455,000 ========== /~//~· Prepared By Date * Includes $5,000 for Sanitary Sewer and Water Distribution Facility Assessment (Task 11) Reimbursables Travel: EXHIBIT E-2 Mileage to Port Orchard, Subconsultant Offices, and Miscellaneous 18 months at 100 miles per month at $.405/mile Data Gathering: Digital Ortho Photo Traffic Counts: Turning Movement Counts 7 @ $100 ea Tube Counts (8 machines +5% for Excel + Tax) Preliminary Title Commitments (cancellation fees assuming 10 @$50 ea) Cancellation Fees (assuming 1/2 of 40 parcels do not go to escrow, 20@ $50) Reproduction Meeting Invitations (2 meetings, 200 invitations each@ $2 ea) Design Reports (5 at $40) Plan Review Sets Miscellaneous Bid Documents (provided by CITY) $730 $600 $700 $1,438 $1,000 $800 $200 $200 $300 $0 Exhibit E-3 Labor Hour Estimate (HOUR EST.) Project Name: City of Port Orchard -Tremont Street Widening -SR 16 to Port Orchard Boulevard Project No: Prepared By: ECS 2-Aug-05 PROJECT PRE-DESIGN, DESIGN AND ENVIRONMENTAL DOCUMENTATION Date: SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD TASK 1 ADMINISTRATION 1.1. Project Meetings 16 40 16 1.2. Project Work Plan 2 4 4 1.3. Progress Schedule 2 8 4 1.4. Invoicing 18 6 1.5. Progress Reports 18 1.6. Subconsultant Coordination and Administration 2 20 10 1.7 . Plan Reviews 20 20 16 8 TOTAL ADMINISTRATION 42 128 16 20 0 0 0 28 TASK 2: DATA COLLECTION 2.1. Field Reconnaissance/Site Visits 20 20 -·- --4 4 ---~ 4_ 2 4 8 2.2. Utility Record Drawing Search 8 16 0 0 2 .3. Right-of-way Research 2 8 5 18 18 18 36 2.4. Field Survey 2 2 17 10 120 120 28 2.5 . Base Maps 4 20 -8 54 134 2.6 . Traffic Counts 8 8 2 2.7 . Habitat and Species Search 2 4 2.8. Wetlands and Sensitive Areas Research 8 8 ... CLERICAL TOTAL SUB D'li ) 72 2 12 2 16 24 18 32 64 4 238 40 12 ·coc 14 GEO-E ~ 24 0 0 ESM 10 4 99 ESM 4 295 ESM 24 3 199 ESM 15 18 0 6 GEO-E 0 16 GEO-E Exhibit E-4 Labor Hour Estimate (HOUR EST.) SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD CLERICAL TOTAL SUB DWGS 2.9. Soils In vestigati o n/Pa ve ment Design 8 8 A. l\llanagement and Coordinati on .. --2 -16 -. . --. 8 . -4 30 GEO -- B . Subsurface Exploration ' -2 16 38 -2 2 60 GEO ' -· -. C . Subsurface Exploration -Backhoe 8 24 2 2 36 GEO D. Laboratory Testing and Analysis 2 8 20 6 4 40 GEO E . Report Preparation 6 24 32 16 8 8 94 GEO 2 .10. Dig it al Orth o Aeria l Photos 1 1 2 ' -\ L TOTAL DATA COLLECTION 0 49 0 58 0 0 21 2 0 130 -0 TOTAL _DATA COLLECTION 4 4 0 0 0 0 0 4 0 12 CDC 0 TOTAL DATA COLLECTION 2 0 0 14 0 20 0 0 0 36 GEO-E 0 TOTAL DATA COLLECTION 13 17 82 0 138 138 198 0 7 593 ESM 15 TOTAL DATA COLLECTION -12 0 72 0 114 0 22 20 20 260 GEO 0 -- TASK 3: TRAFFIC ANALYSIS 3 .1. Traffic Forecasting 16 16 3 .2 . Leve l of Service Anal ysis 32 32 64 3 .3. Roundabout Feasibi lity Eval uation 10 0 10 10 0 10 CDC ---- 3.4. Signal Warrant Anal ys is 8 16 24 3.5. Intersecti o n Anal ys is 8 16 24 TOTAL TRAFFIC ANALYSIS 0 66 0 48 0 0 0 0 0 114 ~ ...,_ TOTAi,. TRAfFIC ANALYSIS 1Q 0 0 0 0 0 0 0 0 10 CDC ~>---l'I) 0 •.._1 TASK 4: PUBLIC INVOLVEMENT 4 .1. City Des ign Cha rr ette 0 Preparatio n and Graphics 8 8 8 24 8 -" 16 1 29 CDC 4 -- Charrette Attendan ce 6 6 6 6 !:l 18 CDC -- 6 0 6 GEO-E Presentation of Optio ns 4 4 -4 --4 CDC Exhibit E-5 Labor Hour Estimate (HOUR EST.) SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD CLERICAL TOTAL SUB DWGS 4 .2. Pubic Meeting #1 -Open House Workshop 0 Meeting Coordination 4 2 6 Media Release, Invitation and Questionnaire 16 8 4 28 Graphics 2 16 20 38 ---• -••e ---,_a, CDC 4 4 12 20 ---- Workshop Attendance 6 6 12 -... 6 6 0 12 CDC . -------- 0 3 3 GEO-E Memo 2 2 2 6 J 4.3. Project Newsletter 0 Newsletter and Comment Sheet 8 0 2 2 12 Graphics 2 0 8 10 ----.. CDC 2 4 8 1 15 ~ ---- 4.4. Property Owner Meetings 8 0 8 4.5 . Mailing List 0 0 0 TOTAL PUBLIC INVOLVEMENT 0 66 0 30 0 0 44 10 4 154 0 ---- TC>TAb PUBblC INVOLVEMENT -26 2_8 0 0 _o 0 --42 2 -0 98 -CDC 0 TOTAL PUBLIC INVOLVEMENT 6 0 0 3 0 0 0 0 0 9 GEO-E 0 TASK 5: PRELIMINARY DESIGN 5.1. Horizontal and Vertical Alignment 16 16 32 5.2. Typical Street Sections 2 8 8 18 2 5.3. Edge Conditions 2 8 10 5.4. Street Storm Drainage 8 40 8 56 ~-) 5.5 . Utilities (Overhead Power/Telephone/Cable) 4 8 2 14 Undergrounding Feasibility 8 8 16 5.6. Intersection Channelization and Traffic Signals 16 16 8 40 4 5 .7 . Illumination Criteria and Calculations 8 8 16 5 .8. Right-of-way/Easements 4 8 12 5.9. Preliminary Roadway Plans 20 40 60 15 5.10. Low Impact Design Strategies 8 8 16 -. --c·oc 2 <<Lead>> 8 16 32 1 ---~7 -. <<Su port>> 4 4 4 12 GEO-E 5 .11 . Gateway Design 4 4 -CDC 2 <<Lead>> -44 12 -96 1 . -153 -- 5 .12 . Landscaping Design 0 - <<Lead>> 16 52 120 1 189 C!')C 6 ---- r Exhibit E-6 Labor Hour Estimate (HOUR EST.) SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD CLERICAL TOTAL SUB DWGS 5.13 . Permit Assistance 2 4 6 <<Lead>> 20 40 60 GEO-E 5 .14 . SEPA Checklist 2 4 6 «GEO to lead, B/A to assist» 12 20 4 36 GEO-E 5 .15 . NEPA ECS Checklist 2 4 6 «GEO to lead , B/A to aS$iSt» 1 8 20 4 33 GEO-E 5.16. Biological Assessment 2 2 <<Lead>> 4 90 20 8 16 138 GEO-E -- 5 .17. Air Quality Asessment 2 2 4 )_ Data Collection/Field Work 8 1? 20 WID .. ---_ ..... ~. ~ --..: ---. -.--. -- Draft i;tepo~ --8 60 -.• _ . ._n 68 WID ---. ---:_ ~8 - - _ Final Report -20 ----· --~ --28 WID - 5 .18 . Noise Analysis 2 4 6 --- 20 Data Coll_ec;ti<;>n/f::ield Work 8 -12 ---WID ---... Draft i;teport --8 -60 -~ ---68 WID -_ Fioal ReP-Qrt 8 ~ 20 28 WID ···-·-···--·· -···· --··-----........ ----- 5.19 . En vironmental Justice Asessment 1 1 Data Collection/Field Work ----_§ 12 ~ --_...__ 20 VVID --------- Draft Report -8 40 -----48 WID __ F-inal i;tegort_ _ _: __ --8 --- 28 -------·~ 20 ·--..-"' ~ ---WID 5.20. Cultural Resources Survey 0 Provided by Subconsultant to GeoEngineers. See Exhibit G. 0 GEO-E 5.20 . Probable Construction Costs 16 16 1 33 -lnc[uded in Tasks 5. '1 0,_5.11 t!_nd 5.12 _ -.. 0 CDC .._ - <<Suport>> 4 4 8 GEO-E ' ) 5 .21. Design Memorandum 30 4 8 42 _<<Sup0 rt>> __ -12 --. ---1 13 CDC - <<Suport>> 8 8 16 GEO-E TOTAL PRELIMINARY DESIGN 0 139 0 182 0 0 60 3 16 400 21 -TOTAL PAELIMINAFfY D_ESIGN -- CDC eo 80 -0 0 0 0 -248 4 -0 41? ---10 TOTAL PRELIMINARY DESIGN 41 0 0 166 0 64 8 24 0 303 GEO-E 0 -- TOTAL PRELIM~NAF!Y DESIGf\l 12 o_ 256 --· __ o --0 --0 Q 0 0 328 WID Exhibit E-7 Labor Hour Estimate (HOUR EST.) SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD CLERICAL TOTAL SUB DWGS TASK 6: CONSTRUCTION PS&E 6.1 . Title Sheet 1 1 8 10 1 6 .2 . Legend , Symbols, and Abbreviations 1 1 6 8 1 6.3.Typical Street Sections 4 20 16 40 2 6.4 .Site Preparation and TESC Plans 16 40 100 156 15 6.5 . Street Plans & Profiles 40 112 100 252 15 6 .6 . Street Details 4 16 20 40 2 6 .7. D rainage Design 16 40 16 72 r 6.8 . Drainage Details 2 16 16 34 ~2 6 .10. Utility Coordination 4 4 6 .11. Channelization/Signing Plans 8 36 36 80 8 6.12 . Traffic Control Plans 2 16 12 30 6.13 . Traffic Signal Design and Plans 40 120 120 280 12 6.14. Gateway, Landscaping and Restoration Plans 4 4 1 9 <<Lead>> 12 30 _120 162 CDC 10 6 .15. Irrigation Design and Plans 1 4 1 6 <<Lead>> 1 16 44 61 CDC 10 -- 6 .16. Special Provisions 40 10 16 66 6.17. Engineer's Estimate 20 40 8 68 6.18 . Electronic Document Deliverable 1 4 2 7 _o 2 -2 4 CDC TOTAL CONSTRUCTION PS&E 0 204 0 480 0 0 454 24 0 1162 59 -TOTAL CONSTRUCTION PS&E 13 48 0 0 0 0 166 0 0 227 CDC 20 \ •__,/ TASK 7: RIGHT OF WAY PLANS 7 .1 . Draft R/VI/ Plans 20 80 100 200 15 7 .2. Legal Descriptions 4 40 44 7.3. R/VI/ Negotiation Support 20 20 7.4 . Final R/VI/ Plans 16 16 20 52 TOTAL RIGHT OF WAY PLANS 0 60 0 136 0 0 120 0 0 316 15 TASK 8: FUNDING ASSISTANCE 8.1 Funding Assistance 4 16 20 TOTAL FUNDING ASSISTANCE 0 4 16 0 0 0 0 0 0 20 Exhibit E-8 Labor Hour Estimate (HOUR EST.) SENIOR SENIOR PLANNER GRAPHIC/ DESCRIPTION PROJECT ENGR/ ENG/GEO/ ENG/TECH CADD/ PROJECT PROJECT ENGR/ PROJECT SURVEY SURVEY SURVEY PROJECT EXEC MGR PLS ENGR CHIEF INSTR TECH COORD CLERICAL TOTAL SUB DWGS TASK 9: BID AND AWARD SERVICES 9 .1. Bid Advertisememt 2 1 3 9 .2 . Bid Document Reproduction 0 0 0 9.3 . Bidding Administration 4 0 4 9.4 . Response to Bidder Inquiries 16 16 4 36 9.5. Bid Opening and Award 0 0 0 TOTAL BID AND AWARD SERVICES 0 22 0 16 0 0 0 4 1 43 0 " ', '---'' TASK 11: SEWER AND WATER FACILITY ASSESSMENT 11.1. Coordination and Review of Existing Facilities 16 16 11 .2. Adequacy Assessment 16 16 11.3. Memo 8 1 9 TOTAL BID AND AWARD SERVICES 0 0 0 0 40 0 0 0 1 41 0 SUMMARY OF LABOR HOURS BY CONSUL TANT BERGER/ABAM Engineers 42 738 32 970 40 0 699 71 26 2618 B/A 95 Cascade Design Collaborative -. -133 1p0 -0 0 -0 0 456 10 0 759 CDC -?Q GeoEngineers -Environmental 49 0 0 183 0 84 8 24 0 348 GEO-E 0 ESM Consulting -Survey 13 17 82 0 138 138 198 0 7 593 ESM 15 - GeoEngineers -GeoTechnical --12 0 72 0 114 0 ~2 20 20 260 _GEO 0 - WidE1ner & Associates -----0 . -72 256 J ) 0 0 -··-0 --0 --0 328 _WID ·~ ,,) TOTAL ALL LABOR HOURS 249 987 442 1153 292 222 1383 125 53 4906 Tremont Street Widening Exhibit F BERGER/ABAM Overhead Rate BASIS OF BERGER/ASAM ENGINEERS OVERHEAD RATE BERGER/ABAM's audited overhead rate for 2005 is not available at the time of this agreemnt. Because the 2005 overhead rate is anticipated to be less than the most recent audited overhead rate of 176.67% (March 4, 2005), this project proposes to use an overhead rate of 161.47% that is based on the average overhead rate from the previous five years (2000-2004). A history of BERGER/ABAM's annual overhead rates is shown in the table below. WSDOT OVERHEAD RATE HISTORY Fiscal Year Start Date End Date All Inclusive Home Office Field Comments Overhead Rate Averhead Rate Overhead Rate 2000 June 1, 1999 May 31, 2000 155.63% 155.63% 155.63% Per Audit Report No. 00-008, October 2000 2001 June 1, 2000 May 31, 2001 155.10% 155.10% 155.10% Per BERGER/ASAM Financial Records 2002 June 1, 2001 May 31, 2002 155.63% 157.75% 126.42% Per Audit Report No. 02-055 Revised, April 2003 --·---2003 June 1, 2002 May 31, 2003 160.35% 162.18% 136.00% Per BERGER/ASAM Exhibit D to On-Call Agreements 2004 June 1, 2003 May 31, 2004 175.86% 176.67% 148.07% Per WSDOT March 4, 2005 Letter (copy attached) 2005 June 1, 2004 May 31, 2005 TBD TBD TBD Not Available at This Time Average Overhead Rate (2000-2004) 160.51% 161.47% 144.24%