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PROFESSIONAl SERVICES AGREEMENT Agreement Number: G09205-RIEDESEL THIS AGREEMENT is made and entered into this 2b1Ji day of .Jvt..'1' 2010, by and between CITY OF MOSCOW, whose address is fbr3o"t m2.onJMos.£ov.)1 I D -o3'B't3 , hereinafter called the "SPONSOR," and RIEDESEL ENGINEERING, INC., whose address is 77 Southway, Suite C, Lewiston, ID 83501, hereinafter called the "CONSULTANT." RATIFICATION The Local Highway Technical Assistance Council, LHTAC, representing the Idaho Transportation Department on Governor's Discretionary projects, is authorized to ratify all agreements for engineering services entered into between sponsoring agencies and their retained consultants. All references to LHTAC used hereafter shall denote the Local Highway Technical Assistance Council. NOW, THEREFORE, the parties hereby agree as follows: The work covered by this agreement is for the following project(s): PROJECT NAME: Orchard Ave Overlay PROJECT NO: G09205 I. SUBCONSULTANTS The Sponsor approves the Consultant's utilization of the following Subconsultants: none. II. AGREEMENT ADMINISTRATION This Agreement shall be administered by Todd Bartolome, PE, LHTAC, 3330 Grace St., Boise, ID 83703; (208) 344-0565; or an authorized representative. Ill. DUTIES AND RESPONSIBILITIES OF CONSULTANT a. DESCRIPTION OF WORK The Consultant shall provide professional services as outlined in the attachments(s) and as further described herein. i. The following attachments are made a part of this Agreement: 1. Attachment No. lA is the Consultant Agreement Specifications which are applicable to all agreements. 2. Attachment No. 2 is the negotiated Scope of Work, Cost Estimate, and Man Day Estimate. 3. Attachment No.3 is the approved Per Diem rates that will be reimbursed on this project. ---PAGE BREAK--- In the case of discrepancy, this Agreement shall have precedence over Attachment No. 2, and Attachment No.2 shall have precedence over Attachment No. lA. IV. DUTIES AND RESPONSIBILITIES OF SPONSOR AND/OR LHTAC The Sponsor and/or LHTAC shall provide to the Consultant, upon request, copies of any records or data on hand which are pertinent to the work under the Agreement. V. TIME AND NOTICE TO PROCEED a. The Consultant shall start work under this Agreement no later than ten (10) calendar days from the receipt of the written NOTICE TO PROCEED. The Consultant shall complete all work by 11/01/2010. b. The Consultant shall remain available to perform additional work for an additional sixty (60) days or until the Agreement is closed out, whichever comes first. VI. BASIS OF PAYMENT a. Payment Basis: Unit Cost- Consultant agrees to accept as full compensation for all services rendered to the satisfaction of the Sponsor for completion of the work, the actual unit cost or Not-To-Exceed amount of the Agreement, whichever is lesser. b. Compensation Amount i. Not-To-Exceed Amount: $ 32,312.00 ii. Additional Services Amount: $ 0.00 iii. Total Agreement Amount: $ 32,312.00 c. Fee and Overhead are included in the loaded hourly billing rates identified in Attachment No.2. d. Approved Overhead Rates for Prime Consultant and Subconsultants- e. Reasonable increases in labor rates during the life of this Agreement will be accepted. Payroll additive rate, general administrative overhead rate, and unit prices are subject to adjustment during the life of this Agreement based on audit and negotiations. If LHTAC approves an adjustment to the overhead rate or unit prices, the Consultant must then submit a written request to the Agreement Administrator requesting use of the approved rate(s) on this agreement. If the new rate(s) are accepted by the Agreement Administrator, they shall apply from the date the written request was made to the Agreement Administrator. An adjustment shall not change the Not-To-Exceed amount of the Agreement. For projects of duration greater than two years, the Not-To-Exceed amount may be negotiated. In no case will rates be adjusted more than once per agreement year. ---PAGE BREAK--- IN WITENSS WHEREOF, the parties hereto have set their hands on the day and year in this Agreement first written above. RIEDESEL ENGINEERING, INC. Consultant CITY OF MOSCOW Sponsor Title Ôc--Jw<[h Õ,l--=01 LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL \?fa-nc£73 LHTAC FeseFBI Aiele l ---PAGE BREAK--- **Attachment lA** I CONSULTANT AGREEMENT SPECIFICATIONS Construction Engineering & Inspection These specifications supplement all Professional and Term agreements for Construction Engineering and Inspection seNices and shall be attached to said agreements. I. DEFINITIONS 1. Administrator: Person directly responsible for administering a consultant agreement on behalf of the Sponsor or a Local Public Agency. 2. Combined Overhead: The sum of the payroll additives and general administrative overhead expressed as a percent of the direct labor cost. 3. Cost: Cost is the sum of the hourly charge out rate and other direct costs. 4. Cost Plus Fixed Fee: Cost Plus Fixed Fee is the sum of the payroll costs, combined overhead, and other direct costs, plus the fixed fee. 5. CPM: Critical Path Scheduling. The CPM will list all work tasks, their durations, negotiated milestones and their dates, and all State/Local review periods. 6. Fixed Fee: A dollar amount established to cover the Consultant's profit and business expenses not allocable to overhead. The fixed fee is based on a negotiated percent of direct labor cost and combined overhead and shall take into account the size, complexity, duration, and degree of risk involved in the work. The fee is "fixed," Le it does not change. If extra work is authorized, an additional fixed fee can be negotiated, if appropriate. 7. General Administrative Overhead (Indirect Expenses): The allowable overhead (indirect expenses) expressed as a percent of the direct labor cost. 8. Hourly Charge Out Rate: The negotiated hourly rate to be paid to the Consultant which includes all overhead for time worked directly on the project. 9. Incentive/Disincentive Clause: Allows for the increase or decrease of total agreement amount paid based on factors established in the agreement. Normally, these factors will be completion time and completion under budget. 10 Lump Sum: An agreed upon total amount, that will constitute full payment for all work described in the Agreement. 11. Milestones: Negotiated portions of projects to be completed within the negotiated time frame. Normally the time frame will be negotiated as a calendar date, but it could also be "working" or "calendar" days. As many milestones as the Consultant and the Sponsor believe necessary for the satisfactory completion of the agreement will be negotiated. 12. Not-To-Exceed Amount: The Agreement amount is considered to be a Not-to-Exceed amount, which amount shall be the maximum amount payable and shall not be exceeded unless adjusted by a Supplemental Agreement. 13. Other Direct Costs: The out-of-pocket costs and expenses directly related to the projects that are not a part of the normal company overhead expense. 14. Additives: All payroll additives allocable to payroll costs such as FICA, State Unemployment Compensation, Federal Unemployment Compensation, Group Insurance, Workmen's Compensation, Holiday, Vacation, and Sick Leave. The payroll additive is expressed as a percent of the direct labor cost. 15. Payroll Costs (Direct labor Cost): The actual salaries paid to personnel for the time worked directly on the project. Payroll costs are referred to as direct labor cost. 16. Sponsor: Normally "Sponsor'' refers to the Local Entity. 17. Unit Prices: The allowable charge out rate for units or items directly related to the project that are not a part of the normal overhead expense. NOTE: All cost accounting procedures, definitions of terms, payroll cost, payroll additives, general administrative overhead, direct cost, and fixed fee shall comply with Federal Acquisition Regulations, 48 CFR, Part 31 and be supported by audit accepted by the Sponsor. II. STANDARD OF PERFORMANCE Page 1 of 7 ---PAGE BREAK--- The Consultant agrees that all work performed under this agreement will be performed professionally in accordance with the ITO Construction Manual, Standard Specifications for Highway Construction - Subsection 105. 1 0 and other appropriate standards. The Consultant shall be responsible for construction engineering and inspection on all tasks assigned (as stated in the Scope of Services) when on duty to ensure they are constructed in substantial conformance to the plans, special provisions and specifications. The Consultant shall identify and recommend corrections for any omissions, substitutions, defects and deficiencies in the work of the Contractor. Ill. AGREEMENT ADMINISTRATOR The Agreement Administrator will administer this agreement for performance and payment, and will decide all questions which may arise as to quality and acceptability of the work, rate of progress, definition of work to be performed, and acceptable fulfillment of this Agreement. The Consultant shall address all correspondence, make all requests, and deliver all documents to the Administrator. The Administrator shall be responsible for the timely coordination of all work performed by the LHT AC, the Sponsor or their representatives. IV. PERSONNEL The Consultant shall provide adequate staff of experienced personnel or subconsultants capable of and devoted to the successful accomplishment of work to be performed under this agreement The specific individuals or subconsultants listed in the agreement, including Project Manager, shall be subject to approval by the State and shall not be removed or replaced without the prior written approval of ITO. Replacement personnel submitted for approval must have qualifications, experience and expertise at least equal to those listed in the proposal. V. SUBCONSULTANTS The Consultant shall have sole responsibility for the management, direction, and control of each Subconsultant and shall be responsible and liable to the State for the satisfactory performance and quality of work performed by Subconsultants under the terms and conditions of this Agreement. The Consultant shall include all the applicable terms and conditions of this Agreement in each Subconsultant Agreement between the Consultant and Subconsultant, and provide the State with a copy of each Subconsultant Agreement prior to the Subconsultant beginning work. No other Subconsultant shall be used by the Consultant without prior written consent by the State. VI. DIRECT COST It is understood that overtime will be incurred after forty (40) hours of work for this agreement during each week. When the need for overtime has been approved by the Agreement Administrator, the overhead rate and fee are not to be applied to the premium time paid. The out-of-pocket cost and expenses directly related to the project must be pre approved and agreed to, by the Agreement Administrator, prior to receiving any compensation. Relocation, lodging and Per Diem cost will not be allowed for this type of agreement unless agreed and pre-approved by the Agreement Administrator. VII. PROFESSIONAL SERVICES AUTHORIZATION 1. A written AUTHORIZATION will be issued by the Sponsor to authorize the Consultant to proceed with the work under this Agreement. The Sponsor assumes no obligation of any kind for expenses incurred by the Consultant prior to the issuance of the AUTHORIZATIOIN; for any expenses incurred by the Consultant for services performed outside the work authorized; and for any dollar amount greater than the authorized amount. 2. The Agreement amount is lump sum, unit cost, or cost plus fixed fee amount for the negotiated services and an additional services amount is set up for possible extra work not contemplated in original scope of work. For the Consultant to receive payment for any work under the additional services amount of this Agreement, said work must be performed under a PSA issued by the State. Should the State request that the Consultant perform additional services, then the scope of work and method of payment will be negotiated. The basis of payment for additional work will be set up either as a Lump Sum or Cost Plus Fixed Fee. VIII. PROGRESS REPORT The Consultant shall submit to the Sponsor a progress report on Form FRM-771, as furnished by the Sponsor. The progress report will be submitted by the tenth of each month following the month being reported or as agreed upon in the scope of services. The Agreement Administrator will review the progress report and submit approved billings for payment within two weeks of receiving report Each progress report shall list billings by PSA number and reference milestones. IX. PROGRESS AND FINAL PAYMENTS Page 2 of7 ---PAGE BREAK--- 1. Progress payments will be made once a month for services performed which qualify for payment under the terms and conditions of the Agreement. Such payment will be made based on invoices submitted by the Consultant in the format required by the State. The invoice shall be submitted by the tenth of each month following the month being invoiced. Lump Sum Progress payments will be made, based on a percentage of the work or milestones satisfactorily completed. Cost Plus Fixed Fee Cost. The Consultant shall submit a breakdown of costs by each item of work on the invoice, and shall show the percent complete of each item of work, each milestone and percent complete of the entire Agreement. Progress payments will be made based on the invoiced cost less the fixed fee for the work satisfactorily completed for each billing period. Said payment shall not exceed the percent complete of the entire Agreement. Upon satisfactory completion of each milestone, full payment for all approved work performed for that milestone will be made including Fixed Fee. The Consultant shall submit a breakdown of costs by each item of work on the invoice, and shall show the percent complete of each item of work and percent complete of the entire Agreement. Progress payments will be made based on the invoiced cost for the work satisfactorily completed for each item of work. Said payment shall not exceed the percent complete of the entire Agreement. 2. The Sponsor will make full payment for the value of the services performed which qualify for payment. This full payment will apply until 95 percent of the work under each Project Agreement or Work Task has been completed. No further progress payments will be made until all work under the individual agreement has been satisfactorily accomplished. If at any time, the Sponsor determines that the work is not progressing in a satisfactory manner, the Sponsor may refuse to make full progress payments and may withhold from any progress payment(s) such sums that are deemed appropriate for unsatisfactory services. 3. Final payment of all amounts retained shall be due 90 days after all work under the Agreement has been completed by the Consultant and accepted by the Sponsor. Such final payment will not be made until satisfactory evidence by affidavit is submitted to the State that all indebtedness incurred by the Consultant on this project has been fully satisfied. 4. Agreements which include an incentive/disincentive clause will normally have the clause applied only to the completion of the milestones identified. 5. Payments to Subconsultants Consultant shall pay each subconsultant for satisfactory performance of its contract items no later than twenty (20) calendar days from receipt of each payment the consultant receives from the Sponsor, in accordance with 49 CFR, Part 26. The consultant shall return retainage payments to each subconsultant within twenty (20) calendar days after the subconsultant's work is satisfactorily completed. Form FRM-2892 (Certification of Payment) shall be filled out by the consultant for each invoice listing any subconsultant not paid for work reflected on the previous months' invoice. Upon completion of the work, the consultant shall certify total payment to all subconsultants on Form FRM-2921 (Certification of Payment Amounts). Forms will be provided by the Sponsor. X. MISCELLANEOUS PROVISIONS 1. COVENANT AGAINST CONTINGENT FEES a. The Consultant warrants that they have not: Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this contract, other than a bona fide employee of the firm; agreed, as an expressed or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or; paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee of the firm) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. b. The Sponsor warrants that the above consulting firm, or firm representative, has not been required, directly or indirectly as an expressed or implied condition in connection with obtaining or carrying out this contract to: Employ or retain, or agree to employ or retain, any firm or person, or; pay, or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind. 2. PROHIBITION AGAINST HIRING PERSONNEL AND WORKING FOR CONTRACTOR In compliance with the Code of Federal Regulations, (23 CFR, Section 1.33, Conflict of Interest), the Consultant agrees that no one in their employ will work on a part time basis under this Agreement while also in the full-time employ of any Federal or State Agency or the Sponsor, without the written consent of the public employer of such person. The Consultant agrees that no one in their employ under any circumstances shall perform any services for the contractor on the construction of this project. This includes employees who leave the Consultant's Employment. 3. CHANGES IN WORK All changes in work shall conform to one or more of the following conditions and in no instance shall such change in work be undertaken without written order or written approval of the Sponsor. Page 3 of 7 ---PAGE BREAK--- a. Increase in the work required by the Sponsor due to unforeseen circumstances. b. Revision in the work required by the Sponsor subsequent to acceptance of such work at the appropriate conference or after revision of such work as outlined at said conference. c. Items of work which are beyond the scope of intent of this Agreement and preapproved by the Sponsor. d. Reduction in the work required by the Sponsor due to unforeseen circumstances. An increase in compensation shall not result from underestimating the complexity of the work. Adjustment in compensation for either an increase or reduction in work shall be on a negotiated basis arrived at by mutual agreement between the Sponsor and the Consultant During such negotiations the Sponsor may examine the documented payrolls, transportation and subsistence costs paid employees actively engaged in the performance of a similar item or items of work on the project, and by estimated overhead and profit from such similar items or items of work. Said mutual agreement for a negotiated increase or reduction in compensation shall be determined prior to commencement of operations for an increase in a specific item or items of work. In the case of Sponsor order for nonperformance a reduction in the specific item or items of work will be made as soon as circumstances permit. In the event that a mutual agreement is not reached in negotiations for an increase in work, the Sponsor will use other methods to perform such item or items of work. The mutually agreed amount shall be covered by a Supplemental Agreement and shall be added to or subtracted from the total amount of the original Agreement. Adjustment of time to complete the work as may pertain to an increase or a reduction in the work shall be arrived at by mutual agreement of the Sponsor and the Consultant after study of the change in scope of the work. 4. DELAYS AND EXTENSIONS a. Extensions of time may be granted for the following reasons: i. Delays in major portions of the work caused by excessive time used in processing of submittals, delays caused by the Sponsor, or other similar items which are beyond the control of the Consultant ii. Additional work ordered in writing by the Sponsor. b. Extensions of time will not be granted for the following reasons: i. Underestimating complexity of work. ii. Redoing work rejected by the Sponsor. 5. TERMINATION The Sponsor may terminate or abandon this Agreement at any time upon giving notice of termination hereof as hereinafter provided, for any of the following reasons: a. Evidence that progress is being delayed consistently below the progress indicated in a schedule of operations given to the Sponsor at meetings and conferences herein provided for. b. Continued submission of sub-standard work. c. Violation of any of the terms of conditions set forth in the Agreement, other than for the reasons set forth in a and b above. d. At the convenience of the Sponsor. Prior to giving notice of termination for the reasons set forth in a and b above, the Sponsor shall notify the Consultant in writing of any deficiencies or default in the performance of the terms of this Agreement, and said Consultant shall have ten (10) days thereafter in which to correct or remedy any such default or deficiency, and upon their failure to do so within said ten (1 0) days, or for the reasons set forth in 3 above, such notice of termination in writing shall be given by the Sponsor. Upon receipt of said notice the Consultant shall immediately discontinue all work and service unless directed otherwise, and shall transfer all documents pertaining to the work and services covered under this Agreement, to the Sponsor. Upon receipt by the Sponsor of said documents, payment shall be made to the Consultant as provided herein for all acceptable work and services. 6. DISPUTES Should any dispute arise as to performance or abnormal conditions affecting the work, such dispute shall be referred to the Director of the Idaho Transportation Department or his duly authorized representative(s) for determination. Such determination shall be final and conclusive unless, within thirty (30) days of receipt of the decision Consultant files for arbitration with the American Arbitration Association (AAA). Consultant agrees that any arbitration hearing shall be conducted in Boise, Idaho. Consultant and Sponsor agree to be bound by the decision of the arbitration. Expenses incurred due to the arbitration will be shared equally by the parties involved. 7. ACCEPTANCE OF WORK a. The Consultant warrants that all work submitted shall be in accordance with good professional practices and shall meet tolerances of accuracy required by Sponsor practices and procedures. Page 4 of 7 ---PAGE BREAK--- b. Acceptance of the work shall not constitute a waiver of any of the Sponsor's rights under this agreement or in any way relieve the consultant of any liability under their warranty or otherwise. c. It is understood by the Consultant that the Sponsor is relying upon the professional expertise and ability of the Consultant in performance of this contract. Any examination of the Consultant's work product by the Sponsor will not be considered acceptance or approval of the work product which would relieve the Consultant for any liability or expense. Acceptance or approval of any portion of Consultant's work product by the Sponsor or payment, partial or final, shall not constitutes a waiver of any rights the Sponsor may have against the Consultant. The Consultant shall respond to the Sponsor's notice of any error or omission within twenty four hours of receipt, and give immediate attention to any corrections to minimize any delay to the construction contract. If the Consultant discovers errors or omissions in its work, it shall notify the Sponsor within seven days of discovery. Failure of the Consultant to notify the Sponsor shall be grounds for termination of the agreement. The Consultant's liability for damages incurred by the Sponsor due to error, omission or negligence by the Consultant in its work shall be borne by the Consultant. This would include non participating costs incurred by the Sponsor due to error, omission or negligence by the Consultant. Non-participating costs are those costs which the Federal Highway Administration would have paid for but for the negligence, error or omission by the Consultant. Increased construction costs resulting from errors, omissions or negligence in Consultant's work shall not be the Consultant's responsibility unless the additional construction costs were the result of gross negligence or carelessness of the Consultant. B. OWNERSHIP OF DOCUMENTS All material acquired or produced by the Consultant in conjunction with this project, shall become the property of, and be delivered to, the Sponsor without restrictions or limitations of their further use. However, in any case, the Consultant has the right to make and retain copies of all data and documents for project files. All material acquired or produced by the Consultant under this contract may be public records under the Idaho Public Records Act. Reference Idaho Code Section 9-338(9}. 9. INDEMNITY Concerning claims of third parties, the Consultant and the Sponsor to the extent the Sponsor may do so will indemnify, save harmless and defend each other from the damages of and against any and all suits, actions, claims or losses of every kind, nature and description, including costs, expenses and reasonable attorney fees that may be incurred by reason of any negligent act, error or omission of the Consultant or the Sponsor in the prosecution of the work which is the subject of this Agreement Concerning claims of the Sponsor, the Consultant shall assume the liability and responsibility for negligent acts, errors or omissions caused by the Consultant or their agents or employees to the assignments completed under this Agreement, to the standards accepted at the time of work, and until one ( 1) year after the project construction has been completed. The Sponsor shall have until that time to give the consultant notice of the claim. Notwithstanding any other provision of this Agreement, the Consultant shall not be responsible for claims arising from the willful misconduct or negligent acts, errors, or omissions of the Sponsor for contamination of the project site which pre-exist the date of this Agreement or subsequent Task Authorizations. Pre-existing contamination shall include but not be limited to any contamination or the potential for contamination, or any risk to impairment of health related to the presence of hazardous materials or substances. The Sponsor agrees to indemnify, defend, and hold harmless the Consultant from and against any claim, liability or defense cost related to any such pre-existing contamination except for claims caused by the negligence, or willful misconduct of the Consultant. The Consultant, its agents, officials, employees, and subconsultant will be authorized representatives for the Sponsor and shall be protected against all suits, actions, claims or cost, expenses and attorney fees in accordance with Subsection 107.10 of the Standard Specifications for Highway Construction 2004; and shall be protected against all personal liability in accordance with Subsection 107.13 of the Standard Specifications for Highway Construction 2004. 1 0. INSURANCE The Consultant, certifying it is an independent contractor licensed in the State of Idaho, shall acquire and maintain comprehensive general liability insurance in the amount of $500,000.00 per occurrence, and worker compensation insurance in accordance with Idaho Law. Regarding workers' compensation insurance, the consultant must provide either a certificate of workers' compensation insurance issued by a surety licensed to write workers' compensation insurance in the State of Idaho as evidence that the consultant has a current Idaho workers' compensation insurance policy in effect, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission. The Consultant shall provide the Sponsor with certificates of insurance within ten (1 0) days of the Notice to Proceed. 11. LEGAL COMPLIANCE The Consultant at all times shall observe and comply with all Federal, State and local laws, by-laws, safety laws, and any and all codes, ordinances and regulations affecting the work in any manner. The Consultant agrees that any recourse to Page5of7 ---PAGE BREAK--- legal action pursuant to this agreement shall be brought in the District Court of the State of Idaho, situated in Ada County, Idaho. 12. SUBLETTING The services to be performed under this Agreement shall not be assigned, sublet, or transferred except by written consent of the Sponsor. Written consent to sublet, transfer or assign any portions of the work shall not be construed to relieve the Consultant of any responsibility for the fulfillment of this Agreement or any portion thereof. 13. PERMITS AND LICENSES The Consultant shall procure all permits and licenses, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 14. PATENTS The Consultant shall hold and save the Sponsor and its agents harmless from any and all claims for infringement by reason of the use of any patented design, device, material process, trademark, or copyright. 15. CIVIL RIGHTS ACT During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and successors in interest agree as follows: a. Compliance with Regulations. The Consultant shall comply with all regulations of the United States Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 and TiUe 49 CFR Part 26 as stated in the ITO Civil Rights Special Provisions. N b. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, sex, national origin, age or handicap/disability. c. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations, either by bidding or negotiation, made by the Consultant for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil Rights requirements based on race, color, sex, national origin, age or handicap/disability. d. Information and Reports. The Consultant shall provide all information and reports required by regulations and/or directives and sources of information, and their facilities as may be determined by the State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period of three years after the final payment is made under the agreement. e. Sanctions for Noncompliance. In the event the Consultant is in noncompliance with the Civil Rights provisions of this Agreement, the Sponsor shall impose such sanctions as it or the appropriate Federal Agency may determine to be appropriate, including, but not limited to: " Withholding of payments to the Consultant until they have achieved compliance; Suspension of the agreement, in whole or in part, until the consultant or subconsultant is found to be in compliance, with no progress payment being made during this time and no time extension made; " Cancellation, termination or suspension of the Agreement, in whole or in part; Assess against the consultant's final payment on this agreement or any progress payments on current or future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less. f. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs a through e in every subcontract of $10,000 or more, to include procurement of materials and leases of equipment unless exempt by regulations. orders, or directives pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or the appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Sponsor to enter into such litigation to protect the interest of the Sponsor, and in addition, the Consultant may request the United States to enter into such litigation to protect the interest of the United States. 16. INSPECTION OF COST RECORDS Page 6 of 7 ---PAGE BREAK--- The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the project. They shall make such data available for inspection, and audit, by duly authorized personnel, at reasonable times during the life of this Agreement, and for a period of three years subsequent to date of final payment under this Agreement, unless an audit has been announced or is underway; in that instance, records must be maintained until the audit is completed and any findings have been resolved. Failure to provide access to records may affect payment and may constitute a breach of contract. 17. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MAlTERS By signing this document the Consultant certifies to the best of his knowledge and belief that except as noted on an attached Exception, the company or its subcontractors, material suppliers, vendors or other lower tier participants on this project: g. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; h. have not withm a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements, or receiving stolen property; i. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph of this certification; and d. have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NOTE: Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. 18. CERTIFICATION CONCERNING LOBBYING ACTIVITIES By signing this document, the Consultant certifies to the best of their knowledge and belief that: a_ No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to inHuence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form, "Disclosure Form to Report Lobbying", in accordance with its instructions. The Consultant also agrees that he or she shall require that the language of this certification shall be included in all lower tier subcontracts, which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. 19. EMPLOYEE ELIGIBILITY The Consultant warrants and takes the steps to verify that it does not knowingly hire or engage persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of person not authorized to work in the United States constitutes a material breach and shall be cause for the imposition of monetary penalties up to five percent of the contract price, per violation, and/or termination of its contract. Page 7 of 7 ---PAGE BREAK--- **Attachment SCOPE OF SERVICES FOR CONSTRUCTION ENGINEERING, INSPECTION & SAMPLING (CEI&S) SERVICES KEY No.: G09205 PROJECT NAME.: ORCHARD AVE OVERLAY DATE: MAY 2010 This scope of work is to provide Construction Engineering, Inspection & Sampling (CEI&S) Services to include contract administration, inspection, materials sampling, and project office documentation under the general direction of the assigned Local Highway Technical Assistance Council (LHTAC) Resident Engineer, for construction of the Orchard Ave Overlay project located in Moscow, Idaho. Riedesel Engineering, Inc. (CONSULTANT) intends to provide the LHTAC with experienced administration, inspection/sampling personnel. Through this contract, Consultant will inspect and document to ITO standards, the activities associated with the project to the level necessary to administer the contract. Orchard Ave Overlay consists of approximately 0.30 miles of street reconstruction including earthwork, aggregate base, asphalt paving, and curb ramp improvements on Orchard Avenue: East F Street to Thatuna Street in Moscow, Idaho. The following tasks represent the individual services that are to be provided by CONSULTANT under this agreement: PRIMARY TASKS: 1. Construction Administration- CONSULTANT will provide the qualified personnel necessary to administer the Plans, Special Provisions, and Specifications of the project to ensure the project is accepted by the LHT AC, and the City of Moscow. The following sub-tasks represent a partial list of those activities necessary to administer the contract. 1.1 Submittal Log & Minimum Testing Requirements (MTR's)- CONSULTANT will develop a list of required submittals for the project prior to start of construction and will also track and maintain a log of shop drawings and submittals, and encourage reviewers to complete their review in a timely manner. Deficiencies will be reported. CONSULTANT will also develop the MTR list for the project prior to start of construction. This information will be used to track the materials testing required on the project and coordination of the testing lab responsible for processing of samples and reporting results. 1.2 Pre-construction Conference- CONSULTANT will facilitate the Pre-construction Conference including forms and exhibits provided by or coordinated with the LHTAC. CONSULTANT will develop an outline for the meeting. It is assumed the Pre-construction Conference will be held at a City of Moscow facility. Project Manager will coordinate time and place for the Pre-construction Conference. The Project Manager will tape record the Pre-construction Conference and prepare minutes for distribution to the attendees. This report will be reviewed by the project manager and by the LHTAC Resident Engineer and then finalized in written form for the LHT AC Resident Engineer's signature. 1.3 Labor Compliance and Contractor ARRA Reporting- The Contractor's and Sub-contractor's certified payroll wage rates will be verified, documented, and tracked for format, classification, pay scale, timely submissions, and concurrence with field reviews. ARRA reporting by the contractor and subcontractors will be reviewed by the CONSULTANT for accuracy and forwarded to LHTAC on or before the 51h of the following month. Performance Assumptions: i. Maintain filing system for payrolls and labor interviews and notify contractors on incorrect classification, pay scales, etc. ii. Maintain records in compliance with Title VI requirements. iii. Maintain records of ARRA reporting by Contractor. 1.4 Civil Rights Compliance- CONSULTANT and Contractor personnel will be monitored for civil rights compliance. The LHTAC Resident Engineer will be notified of instances of non-compliance. 1.5 Filing & Records Verification- Project files will be maintained at the PROJECT office in Lewiston, Idaho. Copies of important or requested information will be forwarded to the LHT AC Resident Engineer. An on going process of periodic checks of the files will occur during the project to ensure that all records are being accurately kept and the filing system is up to date. Performance Assumptions: i. Maintain project filing system. ---PAGE BREAK--- ii. Address periodic review comments. 1.6 Progress Estimate Preparation- For each scheduled progress estimate, documentation will be prepared for and presented to the LHTAC Resident Engineer that contains the quantities and justification for each bid item payment with a summary sheet showing the amounts to be paid. Performance Assumptions: i. Prepare pay estimate packages. If the Contractor opts for bi-weekly pay estimates the additional work will be considered additional services. 1.7 Materials Certifications- Certifications, as required by bid item, will be requested for all materials incorporated into the project. No materials will be accepted for payment until the certifications are received and reviewed for acceptance. Performance Assumptions: i. Contractor Source Approval Requests, Staging Area Requests, and Waste Site Approval Requests will be reviewed and Approved through coordination with the LHTAC Resident Engineer . . It is assumed for this project that the Contractor's Source will be on the District 2 Qualified Aggregate Materials Supplier List. ii. Contractor Plant Mix Pavement designs will be reviewed and approved through coordination with the LHTAC Resident Engineer. 1.8 Contract Changes - Requests received from the Contractor for time extensions, contract changes, and extra work will be reviewed and analyzed in coordination with the LHTAC Resident Engineer. 1. 9 Weekly Progress Meetings - Weekly/Periodic progress meetings will be held on site. These meetings will be of an informal nature due to the estimated short project duration. Performance Assumptions: i. Attend weekly/periodic progress meetings and prepare minutes for distribution and review. 1.10 Invoicing- invoices of CONSULTANT labor will be submitted to the LHTAC Resident Engineer for review and processing. 1.11 Change Orders- CONSULTANT will prepare and analyze Change Orders for review and processing by the LHT AC Resident Engineer. Performance Assumptions: i. CONSULTANT will consult with the LHTAC Resident Engineer and in coordination with other assigned LHTAC personnel, as required by the lTD Contract Administration Manual, and prepare the ITD-2317 and 400 as well as all other documents necessary to complete the change order process. ii. CONSULTANT will assist the LHTAC Resident Engineer in preparing for any litigation or other action that may arise. The claim package will be prepared in accordance with the lTD Contract Administration Manual on all claims of LHT AC and the Contractor relating to the acceptability of the Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Contractor's work. iii. For pending claims concerning extra work or work beyond the original scope, CONSULTANT will maintain accurate force account records showing actual cost of such work. 1.12 ARRA Reporting- CONSULTANT will prepare and submit the required ARRA labor reports to the LHTAC Resident Engineer 1.13 Contract Submittal Review- Contract submittals will be reviewed as necessary. It is understood that some interpretations and clarifications will be directed to the Design Engineer. Performance Assumptions: i. Traffic Control Plans- Traffic Control Plans will be reviewed for compliance with MUTCD and lTD specifications. ii. CPM Review- The Contractor's CPM will be reviewed to ensure that activity dates are correctly recorded for accuracy. iii. Interpretations and Clarifications - It is expected that CONSULTANT will perform routine interpretations and clarifications on the project. Sensitive decisions and interpretations or those that effect Erosion and Environmental permitting will be reviewed by the LHT AC Resident Engineer prior to final disposition. ---PAGE BREAK--- iv. Storm Water Pollution Prevention Plan The CONSULTANT will review the submitted by the Contractor at the pre-construction conference to determine if the is acceptable so that the CONSULTANT and the LHTAC may recommend in writing, that the be signed by the Department, the Contractor, and all subcontractors performing ground disturbing work identified in the plan. 1.14 Public Relations- CONSULTANT will respond to and coordinate all public inquiries and/or concerns with the Contractor and the LHTAC Resident Engineer for appropriate action. Records of contacts and responses will be maintained. 2. Project Inspection - Inspection will be performed by CONSULTANT with qualified and certified inspection staff. A spread sheet with qualifications and certifications will be prepared and maintained to ensure full compliance with lTD, WAQTC, and IQP requirements. 2.1 Inspector Diaries- Daily reports on lTD forms will be prepared to record the Contractor's hours on the site, weather conditions, data relative to questions of change orders, filed orders. or changed conditions, site visitors, daily activities. labor compliance, civil rights compliance, decisions, observations in general, and specific observations in more detail as the case of observing test procedures. Project files will be maintained and copies will be sent to LHTAC on a weekly basis. Certificates of inspections, tests, and approvals required by the Contract Documents will be received and reviewed. 2.2 Enforce the lTD Safety Policy- The safety provisions of the contract will be enforced. Immediate action will be taken if warranted and reported to the Engineer. Reporting will include any occurrence of safety deficiencies. incidences, hazardous environmental conditions, emergencies, or acts of God endangering: personnel, work, property or the environment. 2.3 Identify and Recommend Corrections- Any omissions, substitutions, defects and deficiencies in the work of the Contractor will be identified and documented with recommendations reported to the Engineer. 2.4 Pay Quantity Collection- Pay quantities and quantity measurements will be checked for accuracy and prepared for processing for payment to the Contractor. A Field Ledger Sheet will be prepared for each pay item in the contract. 2.5 Environmental & Erosion Control Monitoring- An NPDES certified inspector will ensure compliance with all permits and storm water plans. Weekly monitoring reports will be prepared and filed in the project office. Performance Assumptions: This scope includes twG inspections per week (on a regular and on a slorr:n avant drivan) . The scope includes 1 hour per inspection. Attendance at the weekly meeting is not included by the environmental inspector. Third party consent decree inspection is not included for this project so no coordination is necessary. A daily diary will be prepared by the environmental inspector for site visits. Project Inspection Assumptions: Below is a summary of major items major work items and the estimated required staffing levels. A working day is assumed to be 12 hours. i. Traffic Control- The Contractor's Traffic Control Plan will be monitored for compliance with the approved Traffic Control Plan. ii. Concrete Work- Contractor will be installing 3 ADA compliant urban approaches. CONSULTANT will provide one inspector during this work. It is anticipatad an inspaGtor will tla reuirad onsita for 0.5 working days. iii. Excavation and Removal Items - CONSULTANT will provide one inspector during excavation and removal work. It is antiGipatad ti:Jis work will last for 3 working days. iv. Aggregate Base- CONSULTANT will provide one inspector during placement of aggregate base. It is anticipatad ti:Jis work will last for 2 working days. v. Paving- CONSULTANT will provide two inspectors during asphalt paving operations. It-is antiGipated ti:Jis work will last for 1.5 working days vi. Utility Adjustments- CONSULTANT will provide one inspector while the Contractor is adjusting utilities. It is antiGipatad li:Jis work will last 1 working day. ---PAGE BREAK--- 3. Materials Sampling- CONSULTANT will provide materials sampling services as required by lTD specifications and the LHTAC Resident Engineer. The following items represent the major sub-tasks required for administering this portion of the agreement. 3.1 Quality Assurance and Verification Sampling- Sampling will be performed according to lTD Quality Assurance requirements and the LHTAC Resident Engineer including verification sampling. Sampling of component materials and completed work items will be performed to verify that the materials and workmanship incorporated in the project are in substantial conformity with the plans, specifications, and contract special provisions. CONSULTANT will meet the minimum sampling frequencies per the MTR's as presented by the LHTAC Resident Engineer and as required due to project phasing, or other factors which could affect minimum testing frequencies. CONSULTANT will provide daily monitoring of the Contractor's Quality Control activities at the project site. 3.2 Prepare and Transmit Test Results-The Contractor's Quality Control Plan will be monitored pursuant to QC/QA Special Provisions. All sampling data generated by CONSULTANT will be documented and submitted to the Engineer for inclusion in the Materials MAP program and QC/QA statistical analysis program for penalty I bonus calculations. 3.3 Schedule for Sampling- LHTAC will be informed of the project sampling and testing schedule and all documentation reports of sampling and testing will be completed and submitted the same week the work is done or as otherwise directed. 3.4 Acceptability of "or-equal" Products- CONSULTANT will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by the Contractor. Recommendations will be made to the Engineer for change orders before allowing any substitutes. 4. Record Drawings & Project Close-Out- CONSULTANT will track changes and deviations from the plans and prepare the As-Built drawings. At the completion of the project, marked drawings will be submitted to the LHTAC for preparation of the record drawings. At project close-out, all records will be finalized and quantity calculations verified. A final package of records will be submitted to the LHTAC Resident Engineer for review and acceptance. Performance Assumptions: 4.1 Certification of Payment- CONSULTANT will verify to that all necessary documents have been received for submission of contractor's affidavit of payment. 4.2 Project Records- CONSULTANT will receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, including certificates of inspection, tests and approvals, shop drawings, samples, and the annotated record documents which are to be assembled by the Contractor in accordance with the Contract Documents to obtain final payment. The original copy will be submitted to LHTAC and a copy will be kept for the CONSULTANT's records. 4.3 Certificate of Substantial Completion- CONSULTANT will conduct an inspection after notice from the Contractor that the entire work is ready for its intended use, in the company of the LHTAC Resident Engineer and the Contractor, to determine if the work is Substantially Complete. If there are no objections from LHTAC, CONSULTANT will deliver a certificate of substantial completion to the LHTAC Resident Engineer and the Contractor. 4.4 Final Inspection - CONSULT ANT will participate in a final inspection, to include representatives from LHTAC, to determine if the completed work by the contractor is acceptable so that CONSULTANT and the LHTAC may recommend in writing, final payment to the Contractor. CONSULTANT will also provide a notice that the work is acceptable to the best of their knowledge, information and belief based on the extent of the services provided under this agreement. 4.5 As-Constructed Plans- CONSULTANT will prepare and two sets of red marked plans depicting all changes to the original contract will be submitted to the LHTAC. 5. Key Understandings - It is anticipated that each CONSULTANT personnel assigned to the project will be furnished with a vehicle and cellular phone by CONSULTANT with one assigned camera to the project and all work will be under the supervision of the LHTAC Resident Engineer or his assigned representative. ---PAGE BREAK--- 6. Project Schedule - CONSULTANT proposes to implement its services within the following schedule: The scope of work for this project will run in accordance with the contractor's construction schedule. It is anticipated that CONSULTANT will be engaged in CE & I services from May 25, 2010 through October 31, 2010. 7. Professional Service Fee - CONSULTANT will invoice the LHTAC Resident Engineer for professional services described in this Scope of Work. CONSULTANT will invoice the LHTAC Resident Engineer for professional labor and reimbursable expenses based on the Cost Estimate and will bill only for the efforts actually expensed to complete the project in accordance with the provisions of the LHTAC Task Order for this work. The fee estimate, level-of-effort projections, and schedule assumptions represent CONSULTANTS professional judgment. They are presented to allow a review of our approach. As we initiate activities, it may become apparent some modifications to this proposal are necessary due to changes in the Contractor's schedule. CONSULTANT will advise the LHTAC Resident Engineer of such issues and any fee and/or schedule impact prior to implementing revised activities. ---PAGE BREAK--- Riedesel Engineering, Inc. Exhibit Orchard Ave Overlay Key No. G09205 Labor Estimate: 05/05/10 1 CONSTRUCTION ADMINISTRATION 1 . 1 Submittal Log & Minimum Testing Requirements (MTR's) 1 .2 Pre-construction Conference 1 . 3 Labor Compliance and Contractor ARRA Reporting 1 .4 Civil Rights Compliance 1 .5 Filing & Records Verification 1 .6 Progress Estimate Preparation 1 .7 Materials Certifications 1 .7.i Contractor Source Approval Requests 1.7.ii Contractor Hot Mix Asphalt Designs 1 .8 Contract Changes 1 .9 Pre-paving Meeting 1 . 1 0 Weekly Progress Meetings 1 . 1 1 Invoicing 1 . 1 2 Change Orders 1 . 1 3 ARRA Reporting 1 .1 4 Contract Submittal Review 1 . 1 4.i Traffic Control Plans 1 . 1 4.ii CPM Review 1 .1 4.iii Interpretations and Clarifications k.14.iv Storm Water Pollution Prevention Plan 1 . 1 5 Public Relations Total 9 1 2 8 6 29 9 2 3 8 3 1 0 6 9 5 3 5 3 2 2 EXHIBIT B Principle P.M. P.E. 1 4 2 4 2 2 1 4 1 2 1 1 2 2 2 1 5 2 1 4 1 2 1 2 1 1 2 2 Engr Designer 2 1 Riedesel Engineenng, Inc. Project I · 4 2 2 4 4 4 1 4 1 5 2 4 2 Clerical 2 4 20 2 4 2 2 - I 1IToTAL . coNSTRUCTION ADMINISTRATION I 134 I 3 I 1 3 I 40 I 3 I o I 39 I 36 I G09205 man hour estimate (Orchard Ave Overlay); Labor Estimate 1 of 5 5/1 7/2010 ---PAGE BREAK--- Exhibit Orchard Ave Overlay Key No. G09205 Labor Estimate; 05/05/10 2 PROJECT INSPECTION 2.1 Inspector Diaries 2.2 Enforce the lTD Safety Policy 2.3 Identify and Recommend Corrections 2.4 Pay Quantity Collection 2.5 Environmental & Erosion Control Monitoring Total L-Hours 1 07 2 7 1 1 1 1 EXHIBIT B Prine P.M. P.E. Engr 1 2 24 1 4 1 2 10 Designer Riedesel Engineering, Inc. Project Inspector 80 2 2 8 1 Clerical 1 21ToTAL=-PROJECT INSPECTION H- · - r 138 -H 1· o 1 3 -I 1 8 1 24 -H 1 o 1 93 1 o 1 3 MATERIALS SAMPLING 3.1 Quality Assurance and Verification Sampling 3.2 Prepare and Transmit Test Results 3.3 Schedule for Sampling 3.4 Acceptability of "or-equal" Products Total L-Hours 8 0 6 1 Prine - P.M. P.E. 2 1 - _ _ Engr Designer Project Inspector 8 4 Clerical I I I I I 31TOTAL - MATERIALS SAMPLING I 1 5 I 0 I 0 I 3 I 0 I 0 I 1 2 I 0 I 4 RECORD DRAWINGS & PROJECT CLOSE-OUT 4.1 Certification of Payment 4.2 Project Records 4.3 Certificate of Substantial Completion 4.4 Final Inspection 4.5 As-Constructed Plans Total L-Hours 3 1 7 4.5 21 7 Prine P.M. P.E. 1 2 1 4 0.5 2 7 7 1 4 Engr Designer Project Inspector 8 2 7 2 Clerical 4 I 41TOTAL - RECORD DRAWINGS & PROJECT CLOSE-OUT I 52.5 I 0 I 10.5 I 19 I 0 I 0 - 19 I 4 I G09205 man hour estimate (Orchard Ave Overlay); Labor Estimate 2 of 5 5/1 7/2010 ---PAGE BREAK--- Exhibit Orchard Ave Overlay Key No. G09205 Labor Estimate; 05/05/10 SUMMARY 1 TOTAL - CONSTRUCTION ADMINISTRATION 2 TOTAL - PROJECT INSPECTION 3 TOTAL - MATERIALS SAMPLING 4 TOTAL - RECORD DRAWINGS & PROJECT CLOSE-OUT TOTAL COSTS A. Summary of Loaded Hourly Rate Labor Total L-Hours 134 1 38 1 5 52.5 339.5 Riedesel's Loaded Hourly Rates were determined using the following formula: EXHIBIT B Prine 3 0 0 0 3 - P.M. P.E. Engr 13 40 3 3 18 24 0 3 0 10.5 1 9 0 26.5 W- 27 - Employee Hourly Rate (Raw) + ITO Approved Overhead Rate (186.61%) + Negotiated Fee (1 = Employee Hourly Rate (Loaded) Position Description 1 Principal 2 PM 3 PE 4 Engr 5 Designer 7 Project Inspector 9 Clerical B. Out-of-Pocket Costs 1 1Mileage 21 Motel & per diem 3IMisc. Materials. Printing, & Mailing G09205 man hour estimate (Orchard Ave Overlay); Labor Estimate Direct Labor Rate Man Hours $45.00 $36.90 $29.95 $23.00 $24.00 $30.00 $14.50 3 26.5 80 27 0 1 63 40 Loaded Hourly Rate L-Hours X $141 .87 per hour= L-Hours X $11 6.33 per hour = L-Hours X $94.42 per hour = L-Hours X $72.51 per hour = L-Hours X $75.67 per hour = L-Hours X $94.58 per hour = L-Hours X $45.71 per hour = TOTAL BURDENED LABOR COSTS: § X $ 1 ,550.00 $0.00 $ 500.00 X X TOTAL OUT-OF-POCKET COSTS ESTIMATED DESIGN FEE Negotiated Not-to-Exceed Amount 3 of 5 Designer 0 0 0 0 0 Total Labor Costs $425.62 $3,082.88 $7,553.89 $1,957.83 $0.00 $15,416.75 $1 ,828.57 1 $30,265.54 1 Riedesel Engineering, Inc. Project Inspector 39 93 12 19 163 $1 ,550.00 $0.00 $500.00 Clerical 36 0 0 4 40 I $2.oso.oo 1 $32,315.54 $32,312.00 5/17/201 0 ---PAGE BREAK--- Labor Estimate; 05/05/1 0 Project Wage Rates Employee % cat. Time John Watson, PE 100% Kevin Poole, PE John Mortenson, PE Pat Severance, PE Kayla Brown, EIT Garrett Frei, EIT Bill Rowland Jim Thompson Shawanna Volkman Average. Rates 100% Principal % cat. Time 45.00 10% 90% $45.00 100% G09205 man hour estimate (Orchard Ave Overlay); Wages Project Manager % cat. Time $45.00 $36.00 45% 55% $36.90 100% EXHIBIT B Project Engineer % cat. Time Engineer % cat. Time Designer % cat. Time Inspector % cat. Time Clerical $36.00 $25.00 $24.50 1 00% $23.00 • I • 100% $24.00 100% $30.00 1 00% $14.50 $29.95 100% $23.00 $1 .00 $24.00 100% $30.00 1 00% $1 4.50 4 of 5 5/17/201 0 ---PAGE BREAK--- Exhibit Orchard Ave Overlay Key No. G09205 Exhibit Orchard Ave Overlay Key No. G09205 Labor Estimate; 05/05/1 0 DIRECT EXPENSES-Detail Sheet l 1 Mileage Number of Trips Trip Vehicle Average Miles per Trip Total Miles Cost per Mile Cost per Trip jotal Trip Cost I 2 Motel & Per Diem Number of Stays Cost per Stay Days of Per Diem I Cost per Day jotal Motel and Per Diem EXHIBIT B Total 3100 I $1 ,55o.oo 1 Total I $0.00 I !Grand Total Directs $2,050.00 I G09205 man hour estimate (Orchard Ave Overlay); Directs Summary 5 of 5 PM 0 $0.50 $0.00 $0.00 I PM $0.00 I Riedesel Engineering, Inc. PE Engr Inspector 5 5 25 car car car 80 90 90 [PHONE REDACTED] $0.50 $0.50 $0.50 $40.00 $45.00 $45.00 $200.00 I $225.00 I $1,125.00 PE Inspector $0.00 I $0.00 I $0.00 5/1 7/201 0 ---PAGE BREAK--- CAU Federal Per Diem Rates Page I of2 Attachment Idaho Transportation Department FYlO Federal Per Diem Rates for Idaho (Including mileage rate) Per Diem effective October I, 2009 through September 30, 2010 Per Diem locality *Maximum lodging amount **M&IE rate = Maximum per diem rate I Key City 18l(a) +IEJ0 I Boise IBonners Ferry/Sandpoint I (October 1 , 2009 - June 30, 201 0) I (July 1 , 20 1 0 - August 3 1 , 20 1 0) I (September I, 2010 - September 30, 20 I 0) Coeur d'Alene (October 1 , 2009 - May 3 1 , 201 0) (June I, 20 I 0 - August 3 1 , 20 l 0) (September I, 20 I 0 - September 30, 20 I 0) Falls Sun Valley/Ketchum (October I , 2009 - May 3 1 , 20 I 0) (June 1 , 2 0 1 0 - August 3 1 , 20 1 0) (September I , 20 1 0 - September 30, 20 10) JTwin Falls * Maximum Lodging - Room rates only and does not include taxes M&IE = Meals & Incidental Expenses JIAda County II IgEJI136 Boundary/Bonner/Shoshone Counties IE:J[(CJI 138 IhEJI16s IE:JEJI13s I!Kootenai County II IiEJI133 II IjEJI16s II IkEJ!133 I!Teton/Bonneville/Fremont Counties II 0/.11 22 Blaine County IEJ1II55 -,211 70 IEJ2I1ss IlTwin Falls County II IEJlIr33 For locations not listed above, the rate is as follows: I' Maximum Lodging Maximum http://itd.idaho.gov/design!cau/policies/PerDiem 1 O.htm?print I 6/9/201 0 ---PAGE BREAK--- I t CAU Federal Per Diem Rates II Amount + M&IE Meals and Incidentals Breakdown IM&IE 11$46 11$51 11$61 11$71 !Breakfast 117 lis 1110 1112 !Lunch 111 1 1112 ll1s Ill s I Dinner 1123 1126 1131 1136 !Incidentals lis lis lis 115 MILEAGE RATE Effective January 1, 2010 Passenger Vehicle mileage reimbursable @ .50 cents per mile. Per Diem Rate $1 1 6.00 Page 2 of 2 1 . Unless otherwise specified, the per diem locality is defined as "all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries." 2. Per diem localities with county definitions shall include "all locations within, or entirely surrounded by, the corporate limits of the key city as well as the boundaries of the listed counties, including independent entities located within the boundaries of the key city and the listed counties." 3. The maximum rates listed above are prescribed for reimbursement of per diem expenses incurred during official travel. The amount shown in column is the maximum that will be reimbursed for lodging expenses excluding taxes. The M&lE rate shown in column is a fixed amount allowed for meals and incidental expenses covered by per diem. The per diem payment calculated in accordance with lodging expenses plus the M&!E rate may not exceed the maximum per diem rate shown in column Seasonal rates apply during the periods indicated. 4. The standard rate of $ 1 1 6 ($70 for lodging and S46 for M&IE) applies to all per diem localities not listed in the attachment. 5. Vehicle travel. Distances between points traveled shall be as shown in standard highway mileage guides or actual miles driven as determined from odometer readings. (Actual odometer readings need not be shown on invoices, but the firm should have a system or method for tracking this.) Any substantial deviations from distances shown in the standard highway mileage guides shall be explained. The mileage rate as authorized or approved may be paid from whatever point the employee or other person rendering service to the Department begins his/her journey. 6. Consultants are eligible for meal and lodging expense reimbursement when assignments are beyond 50 miles of official station of duty as defined by the Idaho Transportation Department, and personnel are in travel status for more than 12 hours. 7. To qualifY for partial per-diem reimbursement, the employee must depart from or return to the official duty station by the following times: • Breakfast: Employee must depart for travel at 7:00 am or before, or return from travel at 8:00 am or after Lunch: Employee must depart for travel at I J :00 am or before, or return from travel at 2:00 pm or after. Dinner: Employee must depart for travel at 5:00 pm or before, or return from travel at 7:00 pm or after. Consultant Administration Unit Policies <)i!1 Idaho Transportation Department 3311 W Stale Street· P 0. Box 7129 Botse. I D 83707-1129 http:/ /itd. idaho.gov/design/cau/policies/PerDiem 10 .htm ?print 6/9/20 1 0