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Home My Public Portal AboutORD14330 I BILL NO. 2007-156 SPONSORED BY COUNCILMAN KOON CO-SPONSORED BY COUNCILMEN Smith and Penfold ORDINANCE NO. I x-3.3z) AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED AGREEMENT WITH TRANSYSTEMS FOR PRELIMINARY DESIGN SERVICES FOR ADRIAN'S ISLAND ACCESS. WHEREAS, On Tuesday,January 22,2008,the City Council approved substitute Council Bill No.2007- 131 authorizing an agreement with TranSystems as the firm best qualified to provide professional services related to the Adrian's Island access, and; WHEREAS, The Capital Improvements Sales Tax`B"fund balance approved by voters contains funding for Riverfront Park development, and; WHEREAS, Prior to execution of the agreement by all parties, omissions to the scope of work were discovered which would render the study incomplete, and; WHEREAS, The City of Jefferson Parks and Recreation Commission has reviewed and approved the revised scope of work and consultant contract and formally requests City Council approval of the revised contract, and; WHEREAS, In order for the City to receive reimbursement for a portion of the consultant cost, the executed contract must also receive approval of the Missouri Department of Transportation. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.The City hereby approves additions to TranSystems scope of work to provide the required professional services and accepts TranSystems revised proposal. Section 2.The Mayor and City Clerk are hereby authorized to execute a revised agreement with TranSystems for the Adrian's Island Access Preliminary Design Services. Section 3. This agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: L4�din g Offi er Mayor TT A OV TO F M: ,9�if ity ClerW City Counselor City of Jefferson • Contract for Professional Services Project: STP-3101(501) Adrian's Island Access No. 0001 THIS CONTRACT is between City of Jefferson, Missouri, hereinafter referred to as the "Local Agency", and TranSystems, 1001 Craig Road, Suite 260, St. Louis, MO 63146, hereinafter referred to as the "Engineer". INASMUCH as funds have been made available by the Federal Highway Administration through its Transportation Enhancement Funds Program, coordinated through the Missouri Department of Transportation, the Local Agency intends to build a trail under the Union Pacific Railroad to gain access to Adrian's Island and requires professional engineering services. The Engineer will provide the Local Agency with professional services hereinafter detailed for the preliminary planning and design of the desired improvements and the Local Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows: ARTICLE I- SCOPE OF SERVICES A. DESIGN PHASE -The Engineer will: 1. determine the needs of the Local Agency for the project; • 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the Local Agency the best overall general design based on these studies; 5. submit four copies of preliminary plans, estimates and studies for review by the Local Agency and Missouri Department of Transportation (MoDOT), for the purposes of this agreement, the term "preliminary plans" shall include all work necessary to complete task 100.0 through 200.18 (inclusive) as described in Attachment B; 6. prepare cost estimates and related documents as necessary for the purpose of the Local Agency deciding whether to proceed with further design and construction. Provision will be made in the contract documents for that portion of the work that will be performed by Local Agency's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the Local Agency in acquiring the right-of-way deeds needed for the project; 8. inspect for compliance with water quality requirements by coordinating with the • Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also inspect for compliance with the requirements of the Federal Emergency Management Agency (FEMA); Engineer shall report any observed non-compliance to the appropriate agency; 9. inspect for compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; Engineer shall report any observed non-compliance to the appropriate agency; 10. inspect for compliance with all regulations in regards to noise abatement and air quality, if necessary; Engineer shall report any observed non-compliance to the appropriate agency; and 11. provide the Local Agency with five sets of preliminary plans, specifications and cost estimates for Missouri Department of Transportation review and approval. ARTICLE II-ADDITIONAL SERVICES The Local Agency reserves the right to request additional work, and changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of MoDOT prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III-RESPONSIBILITIES OF LOCAL AGENCY The Local Agency will cooperate fully with the Engineer in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the Local Agency; Local Agency shall disclose to Engineer any .known material errors and omissions in such information; B. provide the Engineer with the Local Agency's requirements for the project; C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Engineer; • E. designate a Local Agency's employee to act as Local Agency's representative under this contract, such person shall have authority to transmit instructions, interpret the Local • Agency's policies and render decisioris with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way needed to construct this proj ect. ARTICLE IV- PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed from the Local Agency. The general phases of work will be completed in accordance with the following schedule: A. Preliminary Design Phase-Within 150 calendar days after receipt of notice to proceed. The above times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The Local Agency will grant time extensions for unavoidable delays beyond the control of the Engineer. Requests for extensions of time should be requested in writing by the Engineer, stating fully the reasons for the request. ARTICLE V- STANDARDS The Engineer shall be responsible for working with the Local Agency in determining the appropriate design parameters and construction specifications for the project using good engineering judgment . based on the specific site conditions, Local Agency needs, and guidance provided in the most current version of Section VIII of the Local Public Agency Manual. If the project is on MoDOT Right of Way, then the latest version of PDM and Missouri Standard Specifications for Highway Construction shall be used. ARTICLE VI- COMPENSATION For services provided under this contract,the Local Agency will compensate the Engineer as follows: A. For design services, including work detailed in Attachment B, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $4,767.67, with a ceiling established for said preliminary design services in the amount of$81,082.43, which amount shall not be exceeded. B. The compensation outlined above has been derived from estimates of cost and construction durations which are detailed in Attachment A. Any major changes in work, extra work, exceeding of the contract ceiling, or change in the predetermined fixed fee will require a supplement to this contract, as covered in Article II - ADDITIONAL SERVICES. C. Actual costs in Sections A and B above are defined as: • • 1. Actual payroll salaries paid to employees for time that they are productively engaged in work covered by this contract,plus 2. An amount estimated at 58.45% of actual salaries in Item 1 above for payroll additives, including payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits,retirement and incentive pay,plus 3. An amount estimated at 96.41% of actual salaries in Item 1 above for general administrative overhead, based on the Engineer's system for allocating indirect costs in accordance with sound accounting principles and business practice, plus 4. Other costs directly attributable to the project but not included in the above overhead, such as vehicle mileage, meals and lodging, printing, surveying expendables, and computer time,plus 5. Project costs incurred by others on a subcontract basis, said costs to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors. D., The rates shown for additives and overhead in Sections VI. C.2 and VI. C.3 above are approximate and will be used for interim billing purposes. Final payment will be based on the • actual rates experienced during the period of performance, as indicated by the Engineer's accounting records, and as determined by final audit of the Engineer's records by MoDOT. E. The payment of costs under this contract will be limited to costs which are allowable under 23 CFR 172 and 48 CFR 31. F. METHOD OF PAYMENT -Partial payments for work satisfactorily completed will be made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be submitted no more frequently than one invoice per month. A pro-rated portion of the fixed fee will be paid with each invoice. G. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII- COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the • award or making of this contract. For breach or violation of this warranty, the Local Agency shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,or contingent fee, plus reasonable attorney's fees. • ARTICLE VIII- SUBLETTING,ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the Local Agency. The subletting of the work shall in no way relieve the Engineer of his primary responsibility for the quality and performance of the work. It is the intention of the Engineer to engage subcontractors for the purposes of: (list services, such as surveying, foundation borings and tests, abstracts of title, archaeological studies,material testing). ARTICLE IX- PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the name and seal of the Professional Engineer endorsing the work, By signing and sealing the PS&E submittals the Engineer of Record will be representing to MoDOT that the design is meeting the intent of the federal aid programs. ARTICLE X-RETENTION OF RECORDS The Engineer shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by FHWA. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regular working hours at the Engineer's place of business. ARTICLE XI- OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Local Agency upon termination or completion of work and payment of all fees, costs and expenses due hereunder. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Local Agency upon request. All such information produced under this contract shall be available for use by the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any portion of the work into a project other than that for which it was performed, the Local Agency shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XII-TERMINATION The Local Agency may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the Local Agency, the Engineer will be paid for actual expenses incurred up to the date of termination, plus a pro-rated portion of the fixed fee. The contract may be terminated due to the Engineer's services being unsatisfactory in the judgment of the Local Agency, or if the Engineer fails to prosecute the work with due diligence. As a condition to 9 such termination, the Local Agency shall inform the Engineer in writing that its services are deemed • unsatisfactory and shall state the reasons therefore. Engineer shall be allowed seven (7) calendar days to cure. If no such cure is accomplished within said 7 days the termination may be affected by written notice thereof to Engineer. .The Local Agency may then procure reasonable completion of the work in such manner as it deems to be in the best interest of the Local Agency. ARTICLE XIII-DECISIONS UNDER THIS CONTRACT The Local Agency will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The Local Agency's decision shall follow the contract requirements and applicable standards of care. Said decision shall be final and conclusive. ARTICLE XIV- SUCCESSORS AND ASSIGNS The Local Agency and the Engineer agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV- COMPLIANCE WITH LAWS The' Engineer shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of • obligations under this contract. ARTICLE XVI-RESPONSIBILITY FOR CLAIMS AND LIABILITY To the greatest extent permitted by law, the Engineer agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and liability to the extent caused by its negligent acts or the negligent acts of its employees, agents or subcontractors. ARTICLE XVII-NONDISCRIMINATION The Engineer, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Engineer will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Engineer will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Engineer's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. • ARTICLE XIX-ATTACHMENTS a • The following exhibits are attached hereto and are hereby made part of this contract: Attachment A -Estimate of Cost Attachment B —Scope of Services TranSystems Attachment C— Scope and Fee for Geotechnical—Engineering Survey and Services Attachment D—Scope and Fee for Surveying—Central Missouri Professional Services Attachment E - Breakdown of Overhead Rates Attachment F - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment G - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions. • • Executed by the Engineer this f� day of 2008. Executed by the City this?jday of , 2008. FOR: City of Jefferson BY: _ Mayor John Landwehr C./ ATTEST:r � ity clerk APPROVED AS TO FORM: City Counselor • FOR: TranSystems o Titlej' ATTEST: C/ '`�� V I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise unencumbered, to the credit of the appropriation to which the obligation contained herein is chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation contained herein; or (2) bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered amount of the bonds yet to be sold or of the taxes levied and yet to be collected to meet the obligation in case there is not a sufficient unencumbered cash balance in the treasury. ti City of Jefferson • Director of Finance ARTICLE XIX-ATTACHMENTS The following exhibits are attached herefo and are hereby made part of this contract: • Attachment A- Estimate of Cost Attachment B—Scope of Services TranSystems Attachment C—Scope and Fee for Geotechnical—Engineering Survey and Services Attachment D—Scope and Fee for Surveying—Central Missouri Professional Services Attachment E- Breakdown of Overhead Rates Attachment F-Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered-Transactions. Attachment G- Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions. • Attachment A Estimate of Cost • • 2/8/2008 Systems Attachment A • Adrian/s Island Riverfront Access Project Jefferson City,MO Phase A Tasks 100.200 Preliminary Design E5 6 hours @ $78.54 = $471.24 E4 132 hours @ $52.42 = $6,919.44 E3 5 hours @ $43.22 = $216.10 E2 109 hours @ $35.10 = $3,825.90 T2 39 hours @ $22.22 = $866.67 SC4 0 hours @ $51.70 = $0.00 SC3 28 hours @ $35.10 = $982.80 C2 4 hours @ $20.00 = $80.00 Subtotal-Labor: $13,362.15 Approved FAR overhead 154.86% Subtotal-Overhead: $20,692.62 Fixed Fee 14% Subtotal-Fixed Fee: $4,767.67 Expenses: Mileage: 1,200 miles @ $ 0.45 = $540.00 Printing for Submittals I Reproductions = 200 Boards/Info.for Information Presentations = 75 Misc.Expenses(Delivery Services,Overnight Mail,etc.) = 25 Subtotal-Other Expenses: $840.00 • Sub Consultants Geotechnical-Engineering Surveys and Services = $24,000.00 Surveying-Central Missouri Professional Services = $17,420.00 Subtotal-Labor: $41,420.00 Phase A Total $81,082.43 • 2/8/2008 Attachment B Scope of Services TranSystems • Attachment B • Basic Services Adrian's Island Riverfront Access Project Jefferson City, Missouri SCOPE OF SERVICES The project is located in Jefferson City,Cole County,Missouri and follows the east bank of Wear's Creek from Main Street north beneath the Union Pacific railroad to the Missouri River and Adrian's Island. See Exhibit 1 for a location map and project area map. The project is to construct trail way from the sidewalk of Main Street down and along the Wear's Creek east bank. This path would have a retaining wall on the east side and be open to the creek. The path would pass beneath the Union Pacific railroad in a tunnel/pipe. Headwalls are necessary on both the north and south sides of the pipe. The path would then turn easterly and rise up to the island property between the railroad and a sewer line. Here the path will have retaining walls on both sides.The purpose of this project is to develop a means of pedestrian access to the riverfront on Adrian's Island.The selected means of access shall be ADA compliant. The scope of services on this project is as follows. • Scope o The scope of Phase A (Tasks 100 and 200) will be to investigate the constructability of a 10-foot wide multi-use trail to provide access to the dverfront on Adrian's Island. This trail would provide connection along Wear's Creek from Main Street, under the Union Pacific Railroad to Adrian's Island. • Surveys and Geotechnical Data o TranSystems will manage the trail, ramps and structural design (retaining walls head walls and • tunnel) tasks while other services will be completed by other firms • Central Missouri Professional Services for the land survey tasks ■ Engineering Surveys&Services for the geotechnical tasks. • Services • Contractor shall be responsible for coordinating utility locations and any necessary utility relocations during the construction task(for those utilities that are not relocated prior to construction). • The City shall provide landscaping consisting of minor plantings adjacent to the pedestrian tunnel entrances, retaining walls and walkways. No architectural elements are included in this scope. The Consultant will, however, make suggestions for architectural enhancements where such enhancements appear to be justified. The City will provide applicable standards for furniture, pedestrian curbs and railings,benches and other associated items. • TranSystems shall provide site design services and structural design services associated with the pedestrian tunnel head walls, retaining walls,walkways and stream bank stabilization. • No property appraisals or assistance with condemnation proceedings are included in this contract, • NOT INCLUDED: Title research services, right-of-way plans, or description writing.The City will be responsible for working with the State to obtain access to State Property. • NOT INCLUDED: FEMA hydraulic modeling or permitting • Miscellaneous • All submittals will be forwarded directly to MoDOT by the City. • The City shall manage the overall bidding process. • The City shall provide the Consultant with electronic ArcView shape files of any available GIS mapping for use in the design. • The City shall provide the Consultant with electronic copies of their standard specifications. 218108 A-1 • o All plan sets submitted by the Consultant for review will consist of three full size (22"x34") sets and two 1 Vx17" black and white plan sets on bond paper(unless directed otherwise by the City and/or MoDOT), o This project will receive federal funding; MoDOT requirements and submittal procedures will therefore be followed. o MoDOT will provide NEPA documentation for the project. o All electronic CAD submittals to both the City and MoDOT will be in Auto CAD Version 2000. PHASE A TASK 100—SURVEY/DESIGN DATA COLLECTION 100.1 Survey Coordination of survey services performed by Central Missouri Professional Services. a. Horizontal & Vertical Control: Establish project benchmarks in the field for vertical control and establish horizontal control points in the field. Horizontal coordinates will be referenced to NAD83 using the Missouri Coordinate System of 1983,Central Zone. Elevations will be referenced to the NAVD88 datum. b. Topography: Develop the necessary field survey information to create a full Planimetric Base Map and Tin file. The survey will include (but shall not be limited to)the following existing field features: Top of each bank of Wears Creek, railroad track locations, streets / sidewalk locations, bridge locations, pavement profiles,driveway profiles and curb profiles. c. Boundary: No boundary services are included in this scope. If such services are required,the scope and fee for those services will be negotiated with the City in a supplemental agreement. d. Base Mapping: Raw field survey data will be downloaded and processed to create one(1)Planimetric Base Map and one(1)Tin model of the surveyed area. • e. Utility Coordination& Location: Coordinate and locate existing utilities within the project limits. This scope assumes that all utility locators will respond in a timely matter in accordance with Missouri One-Call specifications. Private locates for state facilities(such as underground fiber optic lines)are also included. f. Miscellaneous Pickups / Field Check: The Planimetric Base Map shall be field checked to insure reasonable accuracy for all subsequent design tasks. 100.2 Geotechnical Investigation Coordination of geotechnical services performed by Engineering Surveys&Services. a. Conduct soil borings on site and obtain relevant geotechnical data (SPT, tube sampling, etc.)at locations provided by the Consultant. The location and ground elevation of each boring shall be surveyed after the borings are completed. b. Perform relevant laboratory analysis of soil samples obtained during drilling. c. Develop a geotechnical report for the Consultant's use which contains site specific geotechnical recommendations for the pedestrian tunnel, retaining walls and stream bank stabilization. PHASE A TASK 200—PRELIMINARY PLANS(35%COMPLETE) The objective of this portion of the basic services is to develop preliminary grading, site layout, ramps,tunnel boring and retaining wall plans in accordance with appropriate standards (including, but not limited to, standards issued by the City, AASHTO, ADA, MoDOT, UPRR and APWA). Two update meetings with both City and MoDOT staff are included in addition to the other meetings listed below. 200.1 TranSystems will meet with these agencies and entities to discuss the project, determine applicable permits (if any), and identify restrictions or constraints for the design and/or • construction activity. Based upon these meetings,the concept will continue to be refined to identify as best as is possible at this stage with the currently available information the 2/8108 Q-2 limits of construction, construction access and construction work zone limits, as well as • the potential duration of such construction. In addition,a structural review of the activities necessary to allow the construction of pushing of pipe beneath the railroad will be coordinated with the railroad. Agencies Several agencies and entities are identified that require coordination to allow and identify the limits of design activities for the path. These agencies and entities include but may not be limited to: • The U.S.Army Corps of Engineer's • The State of Missouri (owner of property to grant access rights, in perpetuity) • The Union Pacific Railroad • The City of Jefferson City • Department of Natural Resources • Department of Conservation A maximum of four meetings in total will be held the above agencies during the project and four meetings with the Riverfront Access Committee or City. The project deliverable for this task will be in the form of meeting minutes provided to the City and RAC. 200.2 Concept Agreement- It is proposed to reach written agreements(potentially memoranda of understanding (MOU)) with each entity as applicable regarding the type of activity proposed and the impact and mitigation of such activities (if any). These MOU's are essential to allow the design to advance, yet they do not necessarily constitute acceptance of the final design. • 200.3 Define project design criteria, design typical sections and identify improvements. Indicate walkways and retaining walls on the typical sections. 200.4 Develop horizontal and vertical geometrics. 200.5 Develop storm drainage system and bank stabilization measures along Wears Creek. 200.6 Investigate options regarding the construction of the pedestrian tunnel. Consider the effects of flooding along Wears Creek in this investigation. 200.7 Investigate retaining wall options (MSE, cast-in-place concrete, etc.) and associated foundations. Consider the effects of flooding along Wears Creek in this investigation. 200.8 Develop initial construction phasing of the project. 200.9 Prepare an opinion of probable construction cost for the proposed improvements. 200.10 Prepare preliminary plans to include the following items: cover sheet, general layout, drainage plan, bank stabilization sheets, tunnel layout sheets and wall layout sheets. (Approximately 10 sheets.) 200.11 Quality assurance review. 200.12 Submit preliminary plan sets to both the City and MoDOT for review. 200.13 Submit preliminary plan sets to all affected utility companies for their review and comment. Attend one(1)utility coordination meeting. 200.14 Coordinate utility relocations with affected utility companies(this includes assistance with identification of potential utility conflicts and the identification of potential areas for utility relocations). 200.15 TranSystems will prepare and submit the following permit: Waters of the U.S. — Section 404 Permit: The proposed project will apparently impact Wears Creek, designated as"Waters of the U.S." and require a Clean Water Act Section 404 Permit under the jurisdiction of the USACE.There are two possible scenarios for the Section 404 Permit:a Nationwide Permit(NWP)or an Individual Permit(IP). If the project • 218108 A-3 affects less than 0.5 acre and there is no stream channelization, then a NWP can be issued and the approval is usually completed within 30—45 days after submittal. After it is issued, the NWP permit would allow two years for construction. If an IP is required, it could take up to 120 days for approval and the permit would allow for construction within three years from the issue date, with a two year extension available. The USACE further recommends that we complete a wetlands determination, perform a cultural resources review and identify any threatened and endangered species that may be affected by the proposed project(it is assumed that MoDOT will manage the species review). 200.16 Wetlands Determination: The TSC Environmental Team will perform the following tasks necessary to conduct surveys and to determine jurisdictional waters and wetland areas. a. Conduct background research to confirm any previously identified wetlands and to identify additional potential wetland areas, National Wetland Inventory Maps, aerial photographs, county soils survey information, and Natural Resource Conservation Service(NRCS)Wetland Inventory mapping may be used. b. Conduct field surveys to verify the presence or absence of mapped wetlands and other waters of the U.S. c, Provide preliminary wetland jurisdictional determinations (PJDs) for all wetland areas affected by the preferred alignment in accordance with the procedures outlined in the U.S. Army Corps of Engineers Wetland Delineation Manual (1987). This task includes GPS location surveying of wetland boundaries. d. Prepare and submit Wetlands Determination report to summarize findings of the background research and field investigation. 200.17 Cultural Resources Coordination: TranSystems will complete cultural resources coordination with the Missouri Department of Natural Resources — State Historic Preservation Office under Section 106 of the Historic Preservation Act as required for the • Section 404 Permit.The scope is limited to coordination and does not include any historic architecture or archaeological studies or surveys that MDNR may require following these initial Section 404 coordination efforts. 200.18 TranSystems will prepare and submit applications for the following permits: USACE Section 404 Permit and National Pollution Discharge Elimination System (NPDES) Notice of Intent for General Permit and Storm Water Pollution Prevention Plan (SWPPP). The NPDES requirements for construction activities require permits to eliminate/ control storm water discharges due to construction grading operations. The TSC Environmental Team tasks will include preparation and submittal of NPDES Notice of Intent(NO1)for General Permit,and the SWPPP. END OF SCOPE • 2/8/08 A-4 • Attachment C Scope and Fee for Geotechnical Engineering Survey and Services • i • Engineering Surveys and Services • Consulting Engineers,Geologists,and Lend Surveyors Analytical and Materials Laboratories Larry L.Hendren.PE,RG Randall A.Lee,PE,RG 802 El Dorado Drive David A.Bennett,PE Timothy 10'Connor,PE Jefferson City,Missouri 65101 Timothy J.Read.PLS Benjamin A Ross,PE,PTDE Morton L.Ratliff,PLS Clifford S.Jarvis,PE Telephone 573-636-3303 Bruce A.Dawson,PE Zachary K.Thomas,PE Facsimile 573-636-3789 Richard J.Rotting,PE Matthew A.Kriete,PE E-Mail ess @ass-inc.com October 2,2007 http://www.ess=inc.com Mr.Eric Seaman,PE City of Jefferson Deparhnent.of Community Development 320 E.McCarty Street Jefferson City,MO 65101 RE: Proposed Bike Trail&Tunnel Jefferson City,Missouri Dear Mr.Seaman: • At your request,.I have prepared the following proposal to provide geotecluucal engineering services at the referenced project We propose to provide geotechnical engineering,services in accordance with the.requin,ments detailed by TranSystems ofKansas City,Nfmwuri and provided to us September 14 by the.City of Jefferson.. All of the required services will be performed by Engineering Surveys and Services,with the exception of drilling which will be provided by a subcontract driller retained by Engineering Surveys and Services. Based on our current commitments,we would expect to begin field work within ten working days of your notice to proceed,subject to site accessibility and weather conditions. We estimate the field investigation can be completed in foes days. Laboratory work;engineering analysis and final report preparation are expected to require about twenty-five working days. We estimate the cost of these services will be in the neighborhood of$23,000_ We propose to provide these services based on actual time and materials expended,in accordance with the attached standard fee schedules. We propose a maximum fee of$24,000,not to be exceeded without written authorization. We will present an itemized invoice for these services upon completion. Terms are net 30 days unless negotiated otherwise. Engineering Surveys and Services appreciates the.opportunity to present this proposal. Please call if there are any questions or we can be of assistance. Respectfully, ring Surveys and Services • Bruce Dawson,PE attachments Other Offices Sedalia,Missouri•Columbia,Missouri Engineering Surveys and Services Consulting Engineer%Geologists,and Land Surveyors • Analyticail and Materials Laboratories Lang L Hendren,PE,RG Randall A.Lee,PE,RG 802 El Dorado Drive David A.Bennett,PE Timothy J.O'Connor,PE Jefferson City,Missouri 65101 Timothy J.Reed,PLS Benjamin A.Roes,PE,PTOE Telephone 573-636-3303 Morton L Ree f,PLS Clifford S.Jarvis,PE Bruce A.Dawson,PE Zachary K.Thomas,PE Facsimile 573-636-3799 Richard J.Rolsing,PE Matthew A.Kriete,PE E-Mail ess@ess-inc.com http://www.ess-inc.com HOURLY FEE SCHEDULE June 4,2007 Services of Rik Firm Principal $ 105.00- 110.00/hour Professional Engineer $ 80.00- 95.00/hour Professional Land Surveyor $ 85.00-95.00/hour Project Surveyor $50.00- 80.00/hour Engineer In Training S 65.00-80.00 I hour Engineering Technician $40.00-48.00/hour • CAD Operator $40.OU-55.00/hour Secretary $40.00-45.00/hour 2 Man Field Crew $ 130.00- 170.00/hour 3 Man Field Crew $ 140.00-210.00/hour Computer $50.00/hour EDM Equipment $'100.00/day Global Positioning System Equipment $200.00/day Drill Rig $ 85.00- 150.00/hour Large Format Copies $3.50-5.50 each Photocopies $ 0.20 each Travel $ 0.50/mile NOTES 1. The exact rzrc for field crew depends upon the composition of the crew involved. 2. Since charges are based on salary multiplier,all rates are sub}ut to minor fluctuations as saimies change. 3. Overtime charges at I A times above rates. • Other Offices Sedalia,Missouri- Columbia,Missouri Engineering Surveys and Services • Consulting Engineers,Geologists,and Lend Surveyors Analytical and Materials Laboratories Larry L_Hendren,PE,RG Randall A.Lee,PE,RG 802 El Dorado Drive David A.Bennett,PE Timothy J.0'Connor,PE Jefferson City,Missouri 65101 Timothy J.Reed,PLS Benjamin A.Ross;PE;PTOE Telepbone 573-636-3303 Morton L.Raltlti.PLS CII}tord S.Jarvis,PE Bruce A.Dawson,PE Zachary K.Thomas,PE Facsimile 573-636-3789 Richard J.Rotting,PE Matthew A.Krk te,PE E-Mail ess@ess-ine.com http://www.ess-ine.com January 1, 2007 Page 5 of 5 SCHEDULE OF LABORATORY TESTING FEES SOIL, UfGT PRICE Classification Tests: Moisture Content $8.00 Particle-Size Analysis,wet sieve 65.00 Particle-Size Analysis,hydrometer 75.00 Material finer than#200 sieve 35.00 Specific Gravity- 60.00 Atterberg Uni is (I.1.,PL&PIS 50.00 Shrinkage Limit 50.00 • Dry Density of undisturbed sample 25.00 Shear Tests: Unconfined Compression (qu) 45.00 Tdaxial (Q), multistage 270.00 Compressibility Tests: Consolidation 315.00 Swell 110.00 Compaction Tests: Standard Proctor 150.00 Modified Proctor 170.00 Field.Density Testing-Sand Cone Hourly -Nuclear Meter Hourly plus 10.00 California Bearing Ratio 110.00 Permeability -Flexible Wall Permeability 285.00 Drilling and Sampling: Equipment and Crew By Quote 3" Diameter Shelby Tubes 16.00 is Sample Jars 2.00 Sample Preparation, when required Hourly Two Hour Minimum Charge. Other Offer Sedalia,Missouri-Columbia,Missouri Attachment D Scope and Fee for Surveying Central Missouri Professional Services • • • Central Missouri Professional Services, Inc. Engineering-Surveying 2500 East McCarty Street Material Testing Jefferson City, MO 65101-4467 GIS Services (573)634-3455 (573)634-8898 fax CMPS Proposal-07-055-TranSystems-Walnut-Acres-Bridge August 24,2007 Proposal to TranSystems for Surveying Services on the Adrian's Island Riverfront Access Project A. Job Setup and Research Principal 2 Hours $100.00 per hr. $200.00 PE/PLS 2 Hours $90.00 per hr. $180.00 Eng. Tech 11 2 Hours $75.00 per hr. $150.00 Sub Total: $530.00 B. Horizontal &Vertical Control Principal 1 Hours $100.00 per hr. $100.00 PE/PLS 2 Hours $90.00 per hr. $180.00 Eng.Tech It 2 Hours $75.00 per hr. $150.00 3-Man Field Crew 4 Hours $120.00 per hr.. $480.00 Sub Total: $910.00 C. Topoaradhic/Property Survey Principal 2 Hours $100.00 per hr. $200.00 PE/PLS 2 Hours $90.00 per hr. $180.00 3-Man Field Crew 80 Hours $120.00 per hr. $9,600.00 Sub Total: $9,980.00 D. Base Mapping Principal 2 Hours $100-00 per hr.. $200.00 PE/PLS 2 Hours $90.00 per hr. $180.00 Eng. Tech 11 40 Hours $75.00 per hr. $3,000.00 Sub Total: $37380.00 E. Utility Coordination & Location (Utility Meeting) Principal 2 Hours $100.00 per hr. $200.00 Eng. Tech 11 4 Hours $75.00 per hr. $300.00 3-Man Field Crew 8 Hours $120.00 per hr. $960.00 Sub Total: $1;460.00 F. Miscellaneous Pickups/Field Check Principal 2 Hours $100.00 per hr. $200.00 PE/PLS 4 Hours $90.00 per hr. $360.00 Eng. Tech 11 8 Hours $75.00 per hr. $600.00 Sub Total: $1,160.00 TOTAL PLANNING BUDGET ESTIMATE=> $17,420.00 Attachment E Breakdown of Overhead Rates • • • TRANSYSTEMS CORPORATION Schedule of Consolidated Overhead Rate Including Premium Overtime Year ended December 31, 2006 KPMG LLP • Suite 1000 1000 Walnut Street Kansas City.MO 64106-2162 Independent Auditors' Report on Schedule of Consolidated Overhead Rate Including Premium Overtime The Board of Directors TranSystems Corporation: We have audited the accompanying schedule of consolidated overhead rate including premium overtime (the schedule) of TranSystems Corporation and subsidiaries (the Company) for the year ended December 31, 2006.This schedule is the responsibility of the Company's management. Our responsibility is.to express an opinion on this schedule based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the .United.States of America.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the schedule is free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances,but-not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly we express.no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures related to the schedule, assessing the accounting.principles used and significant estimates made by management,as well as evaluating the overall schedule presentation. We believe that our audit provides a reasonable basis for our opinion. The accompanying schedule was prepared on a basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation (FAR) and certain other Federal and state regulations as discussed in note 1, and is not intended to be a presentation in conformity with U.S.generally accepted accounting principles. In our opinion,the schedule referred to above presents fairly, in all material respects,the overhead rate of TranSystems Corporation for the year ended December 31, 2006 on the basis of accounting described in note 1. In accordance with the Government Auditing Standards we have issued a report dated March 15, 2007 on our consideration of the Company's internal controls and its compliance with the laws and regulations. The purpose of those reports is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the :internal control over financial reporting or on compliance. Those reports are an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in assessing the results of our audits. • KPMG LLV.a U.s.1b, WbWpaMwA19,z1he US. mmeber Sae er KPMG 6Mamaliowt a Soft eooperalae. Our audit was made for the purpose of forming an opinion on the schedule taken as a whale. The supplementary information included in the schedule of consolidated overhead rate—detail of adjustments and allocations is presented for purposes of additional analysis and is not a required part of the audit of the _basic schedule. Such information has been subject to the auditing procedures applied in the audit of the schedule and, in our opinion,is fairly stated in a material respects in relation to the basic schedule-taken as a whole. This report is intended solely for the use and'information of TranSystems Corporation and government agencies or other customers related to contracts employing the cost principles of the FAR and should not be used for any other purpose. Lr March 15,2007 i I • 2 TRANSYSTEMS CORPORATION • Notes to Consolidated Overhead Rate Including Premium Overtime Year ended December 31,2006 (1) Basis of Presentation TranSystems Corporation provides transportation consulting services to various public and private entities. The Company assists clients in planning, designing, building, and managing transportation facilities and infrastructure. With headquarters in Kansas City, Missouri, the Company has 36 offices in 19 states plus the District of Columbia and employs approximately 1,000 professionals and support staff. The consolidated overhead rate includes TranSystems Corporation, its wholly owned subsidiaries and its affiliated controlled entities(the Company). Overhead rate schedules, which support the schedule of consolidated overhead rate including premium overtime, are prepared on the basis of accounting prescribed by Part 30, Subparts 30.401, 402, 405, 406, and 410 and Part 31 of the Code of Federal Regulation(CFR).Accordingly,the above-mentioned schedule is not intended to present the direct labor, fringe benefit, and overhead expenses of the Company in accordance with U.S.generally accepted accounting principles. (2) Cost Accounting System The Company maintains a job-order cost accounting system for recording and accumulation of costs • incurred under its contracts. Each project is assigned a job number so that costs may be segregated and accumulated in the Company's job-order cost accounting system. (3) Facilities Capital Cost of Money.(FCCM) The cost of money rate has been calculated in accordance with Federal Acquisition Regulation (FAR) §31.205-10, using average net book values of equipment and facilities multiplied by the average treasury rate for the applicable period. Equipment and facilities include furniture and fixtures, computer equipment, vehicles, .leasehold improvements, and software. The calculation was made as follows (dollars in thousands): December 31, 2006 Net book value of corporate assets $ 5,781 Average treasury rate 5.44% Computed facilities capital $ 314 Direct labor base $ 41,295 Cost of money rate 0.76% • 4 • TRAKSYSTEMS CORPORATION Schedule of Consolidated Overhead Rate Including Premium Overtime Year ended December 31, 2006 I Allowable costs Overhead expense: Fringe benefits S 24,137,040 Indirect salaries 14,916,871 Rent,maintenance, and supplies 15,151,256 Firm support services 8,676,278 Business development 1,069,143 Total overhead expense $ 63,950,588 Direct labor base S 41,294,722 Overhead rate 154.86% Facilities capital cost of money(FCCM)rate 0.76% See accompanying notes to schedule of consolidated overhead rate including premium overtime. • 3 TRANSYS RA4S CORIPORATION Schedule of Comolidsted of Overhand Rate-Derail of Adjusurtenb and Allocaoom Yea)ended December 3 1.2006 Overhead on Real General and Adjusltd Indirect direct labor maintenance Business administrative Trial baluets Adjustments trial balance. Direct labor salarli a (bearcnra) supplies, develepmenl anno 6 Van"aarabla IrAA note Direct labor(inducting P.O.T) 1 41,264,071 10.671 41,294,722 41.294.122 - - - - - Adnrimmotive labor: Office labor 9,619,571 (10,631) 91611,921 - 9,611,927 - Unallowabla.excess compensation - - - - - - - Training labor 146,062 - 146,062 - 146,012 Human resoureeslabor 671,702 - 671,701 - 611,102 - - - -- - r Accounting labor 615,640 - .117,440 - t15,640 - - - - Legal labor 1,514 - I'm 1,734 - - - - Pmmotionst,advertising labor 103,741 - 60),14) - - - - - - 10),74) 1 Business development labor 6,134,641 - 6,134,647 - 6,134,647 - - - Holiday 1,14!,169 - 1,645,169 - - 1,145,169 - - -Sick leave 75);541 - 7$5,548 - - 715,541 - - - Other leave 115,9119 - 165,989 - - 125,989 - - - Armwlleaveearned 1,412,139 - 1,4111,119 - - ),482,879 - - - Spotbonus 233,451 - 2)3,451 - - 211,491 - Reetuitmentrhiting berm 607,717 - 607,113 - - 607;31 - - - -' Performance bonus 4,821,182 - 4,821;712. - - 4,821,712 - - - - Other compensation-allowable 156,611 - 116,612 - - 136,612 - - - - Other cornpenaatlon-unallowable 262,118 - 26),)16 - - -- - - 263,111 2 Uncompensated overtime (1,216,526) - (3,216,326) - (1,2(6,326 - - -- ° CoplWimdlabor (23,133) J23,1151 - - - - ToW.administrative labor 38,014,410 (10,651). 11,073,739 14,916,611 12,089,127 _ - - - 1,067,061 Labor henents and taxes Payroll taxes 4,906.616 -- 4,906,616 - - 4,906,61E -- - - - 401(k)metch 1,661;964 (tZJ,JJt) 1,511,32 - 401(k)supptemenW match 61,496 - 61,496 - - 63,406 - - - Cciadian retiretirent plan - - - - •- - - Employee benefit adminjsrntion fees 79,683 - 79,611 - - 79,617 - - - - Employee emaneinmer 154.069 - 154,069 - - - - - 154.069 J Employee Insurance 4.664,919 - 4,664,919 - - 404.919 - - - - Officers life lnsaranee 7,737 - 7,71'1 - - - - - 7,7)7 4 Worker'compensation insurance 142.064 - 142,064 - - 142,064 - - - - Miscellaneous employcebenefits 616,696 (171,361) 459,)34 - - 459,1)4 - - - Miscellaneous employee benefits-unallowable - 177,)61 177,)62 - - - - I77)62 3 Spouse expenses(taxable) 114,111 114.512 - - - - - 114.312 6 Moving expams-nontaxable 60,49) - 60,493 - - - - - 60.49 - Moving expenses-taxable 12,598 - 12,596 - - C'apilellzedbenefits (7.071) - (7,051) - - (7.0511 - - - - Employee personal use of company vehicle - 71,445 3,445 - - - - - 7).447 19 Total labor benefits end tsxes 11,69?756 (50,127) 12,647;429 1.2,047211 71,09) 527,125 Office operations: 011lcelodaing 324,169 (99,92)) 224,146 - - ° - - 114;348 - Oncelodging-unallowable - 99.921 99,93) 99,911, 8 Officeme■Is 01,402 (41,061) 347,539 - - - - - 143,3)9 OMce meals-unallowable - 41.16) 41:161 - - - - - - 41,863 8 Officealrfore 116,166 (12.221) )7),945 - - - - - 373,945 - Office atrfare-unallowable - 12,211 12,211 - - - - - - 12.221 7 Office rental ear expenses 36,120 - 36,310 - - - - $6,320 - OMee other hanspottotion 904,926 (73,445) 831,481 - - - - - 111.461 - Mailing and shipping/offite moves 271.475 - 171,473 - - - 211.475 - - - Telephone 182.14) - 182.14) - - - 612.141 - - - Supplles-temparcr 175,360 - 373,310 - - - 173.180 - - - Data commumethons 744.622 - 544;622 - - - $44.622 - Maintenanee-computers 77,7$ - 77.773 17,712 - - Rent-computer 1,761,717 - 1,561,767 - - - 1.561.117 - - - 3 ICorumocJ) TRANSYSTRMS CORPORATION , Schedule of Contolidated of Overhead Rate-Mini]of Ad)usttrienis and Allocations Year eaded December J 1,2006 Overhead an Real Ceneral.and Adjusted Indirect direct labor auinteaance Business administrative Trial balance Aditutmeals triallialsnte Direetlabor salailm (baselib) uwnn .derelepmenl seppe.t (feaporrable FAR note Computer sufbvare and svppon 1 1.116,401 - 1.186,401 - - - 1.126.407 - - Depreciation and ameniration 2,0$866 (209,111) 1,142,131 - - - 1.142,153 - - Depteeiation-unallowable 409,113 209,113 - - - - - 109,111 9 Maintenance-others IDAII17 - 113.417 - - - 111,487 - - - Real.=misce)laneausequipment 410.961 - 410,961 - - -- 410,961 - - Office electing 11,971 - 81,971 - - 81,911 - - Me real 6,440,396 - 6,440,396 - - - 6,440,196 - - - Utilities 107,723 107,721 - - 101;723 - - Propertl an3Hd other taxes 184,355 - 114.331' - - - - - 184,335 - and printing 1,171,011 - 1,122.071 - - - 1,122.071 - - Suppliu-drang (1,971 - 11,971 - - - 13,971 7- Supplies-field 17048 - 171.341 - - - 111:148 - - - 011ice professfonol fees 943;113 - 941',225 - - - - - 94J,225 - ONce pprofetsibaal fees-unallowable 157 - I S7 - - - t!7 l0 Cmteralbusinessituntrance 1,186,011: - 1,316,011 - - 1;386,011 Profiysionalliability claims 153;466 - 333,466 Contributions-charitable and political 111,230 - 1/8,210 - - - - 181,210 II Dues and professlimailicenses 39.146 190146 - - - - - 190,146 - Duet-norraxdeductible 111.512 - 21,5)1 - - - - - - 21,311 11 Did,debts 151.544 - 177,544 - - - - - - 151,544 12 AmordiAdan-goodwill 313,645 - 115,64! - - �- - - - 113.643 17 Amortization-honcomp eta agreement 3.000 - 5,000 - - - - - - 1.000 17 Amortization-costumer lists, 11,590 - ILS90 - - - -- - _ 11,390 17 Pitblicalions and subsedptians 175,165 - 175,165 Rent-field'equipment 91,31 D 93,310 9),510 - Total oMeaoperstions 2),714,919 (72,443) II,7il,494 - 15;J04,7" !.,266,199 1,140,511 Promabons(advertisingt Lodging 18,677 - 71,677 - - - - - - 73,677 I Meals 36,135 - 36,131 - - - - - - 56,135 1 Airfare 15,901 -- 15,901 - - - - - - 85,908 I Rental eu expenses 11,199 - 13299 - - - - - - 13,299 1 Other transportation 31,420 - S7,/10 - - - - - - 37,420 1 Enterteimnenl 12,755 - 11,755 - - - - 12;155 1 Meiling and shipping 12,464 - 11,464 - - - - - - 13,46 1 Supplies.andprmtinb. 145,917 - 143,917 - - - - - - 143,917 1 Professional roil'. 49!,709 - 493,709 - - - - - 495,709 1 Advertlsing/protnotions _ 496,232 496,2.72 - - 491 1 Total prontotionsfadvonising 1.524,516 1,321.536 - - - - - 1,524,576 Business development: 112,683 Lodging 161,874 150:1891 112,615 - - - - - - Lodging-unallowable - 50,189 50,189 - - - - 50,189 1 Meals 173,118 (18,709) 154419 - - - - 1!4,429 - - Me■ls-unalowable - 18,704 11:709 - - - 18,709 a Airfue J14,07 (991 11);918 - - - 313,911 - - Akini-unallowable, 99 .99 - - - - - 99 7 Rental ere expenses 3),493 - S3;491 - - - - 51,498 - - Othertratisponotion 192,018 - 191.017 - - - 191.017 - Eatchainmenl 80,176 - 10.176 - - - - 80,176 Moilmg and shipping I0,131 - 20,131 - - - - 20,151 - Suppliesandprimtng 1).674 11;614 - - - 13,674 - Prorbssional fees. 146,816 (11067) 118,711 - - - 1]1,771 Professional fees-unallowable 8,067 8,067 - - 8.661 1) Total business development 1.226,781. 1.216)8J - 1,069,143 - 137.240 6 (Conimoed) TRANSYSTF.MSCORPORATION Schedule of Corssolideted of Overhead Rase-Detail efAdjusiments and Allocauom Yeas ended December It.2006 ' Overhead on Rent General and Adjusled Indirect direct lafier mainsensnre Business administrative Trial bllanes, Ad)mlmems Mal balance Dirref tabor »lades fben,M supplies development support UnaBaurablr FAR note I lumen resources Lodging f 8,86) (2,711) 6,112 - - - - - 6,132 - Lodging-unallowable - 2,711 2.711 - - - - - - 2,711 a Meals 21.232 (2,294) 11,938 - - - - - 11,9)6 - Meals-unallowable - 2,294 2,294 - - - - -- - 2.204 1 Airfare 11,640 -- 16,640 - - - - - 18,640 - Airfare-unallowable - - - - - - - Rental car expenses 2.239 2,259 - - - - - 2,259 Other tr"culenon 6.961 - 6,965 - - - - - 6.965 Professional fees 169,447 - 169.447 - - - - 169,447 - Reeruitment/advenising/hiring 66),678 667,616 - - - 661,671 Total human resources 191,034 - 191,014 - - 186,039 3,021 Training and education: 104,204 Lodging 110,616 (46,412) 104,204 - - - - -- - Lodging-unallowable - 45,412 46,412 - - - - - - 46,412 8 Meals 55,4)) (5,990) 49,447 - - -- - - 49,44) - Meals-unallowable -- 3,990 5,990 5,990 1 Airfare 125,792 - 125,792 - - - - - 123,792 - Airfam-unallowable - - - - - - - - - Rensalcarexpenses 17.121 - 17,121 -- - - - - 17,121 - Other transponstion 72,470 -- 12,470 - - - - 72.470 - Profassionalfees 291,00 - 791,120 - - - - - 297,120 - Trillion reimhussement $8,))0 11,110 - 31,310 - Total training and education 106,882 106,182 - - 754,410 $1,402 AcsnunbngAegal: Accounting lodging 1,346 (415) 9J1 - - - - - 931 - Accounting lodging-unallowable 411 415 - - - - - - 415 8 Accounting meals 2,818 (105) 2,517 - - - - - 2.513 - Amounting meals-unallowabfe - 705 Jos - - - - ^ - Jos 1 Accounting(afar, 1,501 - 1,501 - - - - -- ),Sol - A=jf;ng rental ear expenses - - - 360 Acraunring otter transportation 360 - 560 - - - - - - Accounting professional fees 719,041 - 719,041 - - - - - 719,041 - Accountingprofession allies-unallowable 61,587 ^ 67,517 - - - - - - 67,537 11 Legal lodging - - - - - - - - - Legd meals 177 (19) 158 Legal rnet)a-unallowable - 19 19 -- - - - - - 19 1 Legal airfare - - - - - - - - - - Legel rental car expenses - - - - - - - -- Legal other transportation - - - - - - - - - Legal professional feet 237,939 - 237,939 - - - - - 287,959 - Legal professional fees-unallowable 243,677 - 241,611 - - - - - - 243,677 I3 Bank games charges 49,820 - 49,120 - - - - - 49,120 - currency eonversion 10,932 10,912 - 10,952 Total acwunringAegal 1,289;431 019,4]8 - - - 1.071,411 314,00) Reimbursed costs. Reltnbursed vehicle expenses (477,JI9) - (477,319) - - - - - (477,319) - Other reimbursed costs (210,729) (220,729) _ - (220,129) - - - Total reimbursed costs (411,1191 (220,729) (691,041) (220,120) (417,319) Other incometexpense Net(gain)loss on sale or assets (2,316) 70,502 67,686 - - - 67,616 - - - Net(gain)Iononsaleofassets-unallowable - (70,502) (70,502) - - - - - - (70,su2) 14 Capiniked software (477) (4 71) (477) Total other incometaxperrse (3,297) - (3,29)) 67,209 - - 170,502) s (Continued) • • • TRANSYSTEMS CORPORATION Schedule of Coesolidated of Overhead Rife—Detail of Arf wtnrtnb and Allocations Year ended December 31;2006 Ovcrbeidoo Rent General and Adjusted Indirect directla6ar tuAnfanince Bminns adminiitrtllve Trial balance Adlwtmeab trial balsoee Ebwl labor mlarks (1twellb) =i*Bra devdepstens" support. Unidlovrtble FAR note Inleresrfpanalliea: Interest f 161,991 — 166.991 — — — .— — — 166,991 Is penatlies all 1T1 671 j6 Total intereWpenaldes 169,662 169.162 169,662 Other. State income long 1.067,6)1 1.067,6)1 — — — — 1,067,611 — Stite gross teeeipti/B&O taxes 30,662 10,612 10,662 — Totalolher )0,661 1.067,651 1,098.1))2 1.094171 — Total evenccadespenses 66,11%360 .712,499 66,617,659 14.916,111 24,117,040 IS.M.257 I.069,141 6,616,276 4667,270 Total direct labor andovmhe.d "f 104;409,471 722,130 110.122.5o 41.294.7ZZ. 14.916,671 24,131040: 11,1!1.227 1.069,14) 1,676,276 4.667,270 Benefits 56 43% Other overhead 9641 TOW overhead rote 154.86% "See accompanying independent auditors*repon an schedule of consolidated overhead rate iocludmg psanium ovenimp- I 6 TRANSYSTEMS CORPORATION Notes to Consolidated Overhead Rate. Including.Premium Overtime Year ended December 31,2006 .FAR note Clanse 1 31.205-1 Public relations and advertising costs 2 31.205-6 Compensation for personal services 3 31.205-14 Employee entertainment 31.205-51.Costs ofalcoholic beverages 4 31.205-19 Insurance and indemnification 5 31.205-13 Employee morale 6 3.1.205-46(a)Travel costs(spouse travel costs) 7 31205-46(d)Traver costs(first class airfare) 8 31.205-46(a)&(b)Travel costs(meals and lodging in excess of per diem) 9 31.205-11 Depreciation 10 3.1205-27 Professional and consultant service costs 11 31.205-8 Contributions and donations 12 31.205-3 Bad debts 13 31205-22 Lobbying and political activity costs 14 31205-16 Gains and:losses 15 31205-20 bftrest:and other fmancW costs • 16 31.205-15 Fines,penalties and mischarging 17 .31205-49 Business combination costs 18 31.205-27 Organization and.reorganization 31205-3 Bad debts 19 31.20546(f)Travel costs(employee's personal use of Company vehicles) • 9 • KPMG LLP Suite 1000 1000 Wetnut 5treel Kaflse6 City.MO 64106-2162 Independent Auditor's Report on Internal Control over Financial Reporting,Compliance and Other Matters The Board of Directors TranSystems Corporation: We have audited the accompanying schedule of consolidated overhead rate including premium overtime (the schedule) of TranSystems Corporation.and subsidiaries (the.Company) as of and for the year ended December 31, 2006, and have issued our report:thereon dated March 15,2007. We conducted our audit in accordance with auditing:standards generally.accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing S indards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Company's internal control over financial . reporting as a.basis for designing our auditing procedures for the purpose of expressing an opinion on the schedule, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Company's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing:their assigned functions,to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that:adversely affects the entity:s ability to initiate, authorize, record, process,or report financial data reliably in accordance with generally accepted.accounting.principles such that there is more than a remote likelihood that a misstatement of the entity's schedule that is more.than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the.schedule will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting:that we consider to be material weaknesses,.:as defined above. Compliance and.Other Matters As part of obtaining reasonable assurance about whether the Company's schedule is free of material misstatement, we performed tests of its compliance with certain provisions of laws,regulations, contracts, and grant agreements, including the provisions of the applicable sections of Part 31 of the Federal • Acquisition Regulation, noncompliance with which could have a direct and material effect on the determination of the schedule amounts. However, providing an opinion on compliance with those Km LLP..a O.r.kw a utmy pa tnerahfp.is the u.5. member film of KM mlennft k a SWIn Cooperative: provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The • results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of TranSystems Corporation and government agencies or other customers related to contracts employing the cost principles of the Federal Acquisition Regulation,and is not.intended to be and should not be used by anyone other than these specified parties. K'P M u-P March 15,2007 • • 11 • ATTACHMENT F CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION. 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.. 2. The inability of a person to provide the certification.required below will not necessarily result in denial of participation m this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction: However,.failure of the prospective primary participant to furnish.a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time: the prospective primary participant learns that its certification was:erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible; lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12649. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy ofthose regulations. 6. The prospective primary participant agrees by submitting this proposal that, .should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized. by the department or agency entering into this transaction. • 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification .Regaarding Debarment, .Suspension, Ineligibility and • Voluntary Exclusion—Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations.for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List(Tel.#). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a.prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions,if a participant in a . covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within athree-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; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and • FIG.6- 1 -12 Revised 0 1-0 1-07 d. Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 1 • • FIG. 6- 1- 13 Revised 01-01-07 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND • VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause.is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension andlor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its. certification was erroneous when .submitted or has become erroneous by reason of changed circumstances. 4. The terms "Covered .transaction,"' "debarred," "suspended," "ineligible," glower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," • and"voluntarily excluded,". as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing.Executive Order 12549. You may contact the person to which this proposal. is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction with:a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it.is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List(Tel.#). • FIG.6- 1- 14 Revised 01-01-07 8. Nothing contained in the.foregoing shall be construed to require establishment of a system of • records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which normally possessed by a.prudent person in the ordinary course of business dealings. 9: Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered.transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its. principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded .from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such.prospective participant shall attach an explanation to this proposal. • • FIG. 6-.1- 15 Revised 01-01-07 MC OcYr Central District Missouri 1511 Missouri Boulevard P.O. Box 718 Department Jefferson City, MO 65102 • (573) 751-3322 fax (573) 522-1059 of Transportation Toll free 1-888 ASK MoDOT Roger Schwartze, District Engineer www.modot.org March 19, 2008 Mr.William Lockwood Director of Parks, Recreation&Forestry 427 Monroe Street Jefferson City, MO 65101 Dear Mr. Lockwood: This letter is in reference to your Transportation Enhancement Funds Program Project No. STP-3101 (501),Adrian's Island access. The engineering service contract submitted for approval has been approved. You may advise TransSystems, Inc. to proceed with preliminary engineering. Take note that if additional funding is needed for engineering,the funds must be obligated and approved prior to the work being performed. • If I can be of further assistance,please contact me at(573) 751-7399. Sincerely, Dion Knipp Transportation Planning Specialist Copy: TranSystems, Inc. • Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous Missouri. • COSTSUMMARY PROJECT NUMBER:STP-3101(501) NBI#:N/A PROGRAM TYPE PROJECT DESCRIPTION TRANSPORTATION ENHANCEMENT PROGRAM CITY OF JEFFERSON CITY-GREENWAY SYSTEM-PEDBIKE TRAIL ACCESS AUTHORIZING ACTIVITY DATE SUBMITTED DATE APPROVED ENV.CLEARANCES COUNTY: COLE CE: 06/09103 STD.PLACE CODE: 37000C PE AUTHORIZATION 03/13/08 03/19108 106: PROJ.OVERSIGHT: STATE ADMINISTERED R/W: FUNCT.SYS.: [Nj FUNCTIONAL CASs-� FED-AID SYS.: NOT ON ANY FEDERAL ED URBAN ❑RURAL MPO: ❑EWG ❑MARC ❑OTO CONSULTANT: TRANSYSTEMS DIEFFCITY ❑JOPLIN ❑OOLUMBIA ❑ST,JOSEPH TIP#: 2007-03 CONTRACTOR: TRANS# (DBE=%) CODE L22 PROPOSED WORK TOTAL COST FEDERALFUNDS LOCALFUNDS PRELIMINARY ENGINEERING: 15 CONTRACT MAXIMUM: $81,082.43 $27,568.03 $53,514.40 • TOTAL FOR PROJECT AGREEMENT $81,082.43 $27,568.03 $53,514.40 FASUM06\3101501 PER AGREEMENT 34%UP TO A MAXIMUM OF$500,000.00 FEDERAL FUNDS= $27,568.03 CHANGE IN FUNDS • BILL NO. 2007-156 SPONSORED BY COUNCILMAN KOON • CO-SPONSORED BY COUNCILMEN Smith and Penfold ORDINANCE NO. 143 el" AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED AGREEMENT WITH TRANSYSTEMS FOR PRELIMINARY DESIGN SERVICES FOR ADRIAN'S ISLAND ACCESS. WHEREAS, On Tuesday,January 22,2008,the City Council approved substitute Council Bill No. 2007- 131 authorizing an agreement with TranSystems as the firm best qualified to provide professional services related to the Adrian's Island access, and; WHEREAS, The Capital Improvements Sales Tax"B"fund balance approved by voters contains funding for Riverfront Park development, and; WHEREAS, Prior to execution of the agreement by all parties, omissions to the scope of work were discovered which would render the study incomplete, and; WHEREAS, The City of Jefferson Parks and Recreation Commission has reviewed and approved the revised scope of work and.consultant contract and formally requests City Council approval of the revised contract, and; WHEREAS, In order for the City to receive reimbursement for a portion of the consultant cost, the executed contract must also receive approval of the Missouri Department of Transportation. • NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.The City hereby approves additions to TranSystems scope of work to provide the required professional services and accepts TranSystems revised proposal. Section 2.The Mayor and City Clerk are hereby authorized to execute a revised agreement with TranSystems for the Adrian's Island Access Preliminary Design Services. Section 3. This agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ' -�� 3 1'l%� �� Approv yva",/, f 2Q00 Presiding Off i er j Mayor ATT / A OV I ZTO tFM: ity ClerK City Counselor OF ;G John Landwehr City of Jefferson w Mayor Department of Parks and Recreation William M.Lockwood, CPRP 427 Monroe Street Director of Parks,Recreation& Forestry Jefferson City,Missouri 65101 25 Phone(573)634-6482 Fax(573)634-6489 January 4, 2008 Mr. Dion Knipp District Liaison Specialist MoDOT Central District 1511 Missouri Blvd. P.O. Box 718 Jefferson City, MO 65102 RE: STP-3101(501) - Adrain's Island Access Consultant Selection • Dear Mr. Knipp: Beginning in August of 2006, the City of Jefferson Parks and Recreation Commission and City Council approved a cooperative project with the Jefferson City Housing Authority and Jefferson City Chamber of Commerce to study the Jefferson City Riverfront from Bolivar Street to Chestnut Street for the purpose of identifying the best access point to Adrain's Island Riverfront Park. The Jefferson City Chamber of Commerce Riverfront Development Committee was designated by the City to be the lead agency to select a consultant and initiate the access study as the first phase of a riverfront park development. On October 30, 2006, qualifications were requested from firms interested in performing the required work with eight(8)responses being received by the December 19,2006 deadline. The consultant selection committee consisting of three representatives of the City and four (4) of the Chamber of Commerce reviewed the qualifications submitted and selected four(4) firms evaluated as most qualified for interviews. On January 12,2007,the following four(4)firms were interviewed: Gredell Engineering Resources, Inc. of Jefferson City and St. Louis; Arcturis of St. Louis; Schneider and.Associates with offices in Iowa and Missouri; and TranSystems with offices in Kansas City, St. Louis and other national locations. To the best of the cornimittee's knowledge and ability,the above four firms were considered under • the procedures outlined in Missouri Law(1984 RSMo. Sections 8.285 to 8.291). Based on TranSystems familiarity and experience with similar types of projects,the staff assigned to the project and the fact that the firm has successfully performed past consulting services for the City,they were selected for this project and all firms were notified of the selection on January 17, 2007. Page Two Letter to Dion Knipp January 4, 2008 Following the completion of Phase I analysis in May 2007,the Chamber of Commerce,Parks and Recreation Commission and City Council elected to proceed to the next phase of the project requiring geotechnical analysis,topographic study and construction planning and design of the site identified as the optimum point of access to Adrain's Island by a grade separated crossing of the Union Pacific Railroad tracks. Based upon TranSystems previous selection and successful work on the first phase of this project, all parties elected to proceed with the firm for the remaining design work. A contract amount was negotiated in late 2007 and a contract is currently pending before the City Council for approval contingent on MoDOT approval of the program agreement on this project as well as the contract. Please accept this letter in compliance with Section 6 of the LPA Manual. If you have any questions, please do not hesitate to contact me. Sincerely, William M. Lockwood Director of Parks, Recreation & Forestry WML:al s c: Steve Schlueter, Finance Director Randy Allen, President, Jefferson City Chamber of Commerce