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09-111.00 CH2M Hill: Park Rd Broadway to IndianaLocal Agency Standard Consultant Agreement ® Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number LA -6901 Federal Aid Number STPUL 4033(001) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Consultant/Address/Telephone CH2M HILL, Inc. This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMQ 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Park Road Reconstruction - Broadway to Indiana I Avenues. Engineering services for PS &E phase, surveying and mapping, environmental documentation and permitting, geotechnical investigation, public information, and right -of -way services. Overhead Progress Payment Rate " " i Overhead Cost Method DBE Participation ❑ Yes ® No % ❑ Actual Cost Federal ID Number or So ri ,�gcurnw El Actual Cost Not To Exceed % t�j 6 cu ® Fixed Overhead Rate RE6ACTE_ Q Do you require a 1099 for IRS? Completion Date Fixed Fee $ REDACTED ❑ Yes ® No February 28, 2010 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Total Amount Authorized $ 289,494.04 Management Reserve Fund $ 28,949.40 Maximum Amount Payable $ 318,443.44 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ❑ Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ® Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ® Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ❑ Exhibit G -2 Fee -Sub Specific Rates ® Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -1 a Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ❑ Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this Lr� day of t 2009 , between the Local Agency of City of Spokane Valley Washi Ion, her inafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 Coq -III WITNESSETII THAT WHEREAS, the AGENCY desires to aLLOIriplish the above, rLfcre.rie Ld prri'j drid WHEREAS the AGENCY does not have. sufficient staff to meet the Mqutred cummitment and thLreforL deems it advisable and desirable to engage. the. assistane.c, of a CONSULTANT to providL the. necessary services for the PROJECT, and WHEREAS the CONSULTANT represents that heiehe: is in compliance with the Washington State Statutes relating to professional registration if applicable and has signified a willingness to furnish Consulting services to the AGENCY NOW THEREFORE in consideration of the terms Landitions LovenanLs and performance contained herein or attaLbed and incorporated and made a part hereof the parties hereto agree as Follows. I General Description of Work The work tinder this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECI 1 he CONSULTANT shall turnish all services labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT 11 Scope of Work The Scope of Work and projected level of effort required for this PROJFCT is detailed in Exhibit A attached hereto and by this reference made a part of this AGRlwFMENT III General Requirements All aspects of coordination of the work of this AGR.FFMFNT with outside agencies groups or individuals shall receive advance approval by the AGENCY Necessary contacts and meetings with agencies, groups and/or individuals shall be coardmated through the AGENCY The CONSULTANT shall attend coordination progress and presentation meetings with the AGENCY and/or such rederal State Community City or Countv officials groups or individuals as m v be requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation The minimum required hours or days notice shall be agreed to between the AG NCY and the CONSULTANT and shown in Exhibit A The CONSULTANT shall prepare a monthly progress report in a form approved by the AGENCY which will outlinc m written and graphical form the various phases and the order of performance of the wort, in sufficient detail so that the progress of the wort. can easily be evaluated The LONSUL I ANT and c at h SUBC:ONSUL rANT shall not di,Lrimmate, on the basis of race color national origin or sex in the performance of this contract f he (,ON'SULI AN l and each SUBCONSUL IAN F sh -ill carry out applicable requirements of 49 CFR Part 26 in the award and -idministration of (USDO I - assisted contracts Failure by the CONSULTANT to Larry out these requirements is a matenil breach of this AGREEMENT that may re%ult in the termination of ft AGREEMENT Participation for Disadvantaged Businesz, Ent ( it required per 49 CFR fart 26 or participation of Minority BusinLss Enterprises t,1 IBF) and Women Bu.sint.5-, I'nterprisc. (WBE) shall be shown on the heading of this AGREEMENT If D /M /W firms are utilized the amounts authorized to each firm and their certification number will be shown on Exhibit B attached hereto and by this reference, made a part of this AGREEMENT if the Prime C,ONSUL`r'AN`1 is a DBL firm they must comply with the Commercial Useful I unction (cur) regulation outlined in the AGENCY S DBr Program Participation Plan The, mandatoD DBE parbLipation goals of the AGREENM TI' are those established by the WSDOT S Highway and Local Programs Project Development Engineer in consultation with the AGENCY All Reports PS &F materirils -ind other data furnished to the CONSULTANT by the AGENCY shall be retunled All electronic filt,s prGpart d by the CONSULTANT must r LLT. the requirements as outlined in Exhibit C All designs drawings, specifications, documents and other %kork products including all Llt,i_.tronic 1il%.s, prepared by the CONSULTANT prier to comphtion or termination ofthi AGRFEMENT are instruments of service for this PROJEC 1 and are the property of the A6ENCY Reuse by the AGFNCY or by others acting through or on behalf of the AGFNC.Y of any such instruments of service, not ot.Lumng &� a port of this PROJECT shall be u ithout lialbility or legal exposure to the CONSULTANT Page 2 of 8 IV Time for Beginning and Completion The CONSTLTANT shall not begui Anti work under the terms of this AGREI MrN 1 until authonZLd in writing by the AGENCY All work under this AGRFEhTFNT shall be completed by the date shown in the heading of this AGRLI MI NT under completion date The established completion tune shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the. control of the CONSULTANT A prior supplemental agreement issued by the AGENCY is required to extend the established completion time V Payment Provisions The CONSULTANT ~hall be paid b) the AGENCY for completed work and services rendered under this AGREEMENT as provided in I-xhibit D' attached hereto, and by reference made part of this AGREEMEN I Such payment shall be full compensation for work performed or services rendcrcd and for all labor materials supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State Auditor WSDOT Exttmal Audit Office and /or at the request of the AGENCY'S PROJECT Manager VI Sub - Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference madt. part of this AGREEMENT Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit G The work of the sub - consultant shall not exceed its maximwn amount payable unless a prior written appro%al has been issued by the AGENCY All reunbursable direct labor overhead direct non - salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V All sub contracts shall contain all applicable provisions of this AGREEMENT With respect to sub consultant payment, the CONSUL TANT shall Lomply with all applicable sections of the Prompt Payment law as set forth in RCW 39 04 ?gyp and RCW 39 76 011 The CONSULTANT -,hall not sub contract for the, performance of any work under thiti AGRI EMT"NT without prior written permission of the AGLNCY No permission for sub contracting shall create between the AGENCY and sub contractor any contract or am, other relationship A DBE certified sub consultant is required to perform a minimum amount of their sub contracted at that iti established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY VII Employment 1 lie CONSULTANT %arrants that they have not employed or retained any company or person 0thLr than a bona fide employee %korking solely for the CONSULTANT to solicit or secure this contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTAN f any fLe, commission, percentage, brokerage fee, aitt, or anv other consideration, contingent upon or resulting from the award or making of this contract For breach or violation of this warrant the. AGENCY shall have the right to annul this AGREEMENT without liability or in its discretion to deduct from the AGREEMENT price or consideration or other% -.ise recover the tull amount of such fit. commission percentage brokerage fee gift or contingent fee Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT shall be considered employees of the CONSULTANT only and not of the AGLNCY, and any and all claims that may arise under any Workmen s Compensation Act on behalf of said employees or other persons while so engaged and any and all claims made, by a Page 3 of 8 tlin d pain as a com&quence of anv actor omission on the part of thL CONS ULT4NT S employees or ether persons whtic. so engaged on any ofthe work or services provided to be rendered herein, shall be the sole ohligation and resporjstbihty of the CONSUL l ANT I he C OMULTANT shall not engage, on a full- or part-time basis ar other basiN during the period of the contract any professional or technical personnel who are, or have been, at any time during the pi~riud of the, contract in the s.mploy of the United States Department of fransportat3on, or the S FATS:, or the AGENCY except regularly retired emplo }ees without t%ritteji consent of the public employer of such person Vlll Nondiscrimination During the performance of this contract, the CONSULTANT for itself its assignees, and successors in interest agrees to comply A ith flit, following laws and regulations Title VI of the Civil Rights Acct of 1964 (42 USC Chapter 21 gubchapter V Section 2000d through 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discru nination Act of 197s (42 USC Chapter 76 Section 6101 et sett } Civil Rights Restoration Act of 1987 (Public Law 100 259) American with Disabilitic s Act of 1990 (42 USC Chapter 126 Section 12101 et sey ) 49 CI R Part 21 23 CFR Part 200 RCW 49 60 1$0 In relation to Title V1 of the Civil R-ghts Act of 1964 the CONSULTANT is bound by the provisions of Exhibit "H attacht.d hereto and by this reference made part of this AGREEMENT and shall include the attaLhtd Exhibil H in L.vury sub cantrai t. including procurement of materials and leases of ecluipmtrn unitsa ext,rnpt by the Regulations or directives issued pursuant thk rtto IX Termination of Agreement The right is reserved by the AGENCY to terminate, this AGREEIVIENT at anv time upon ten (10) days %,NTitten notice to the CONSULTANT In the event this AGREEMENT is L by the_ AGENCY other than far default on the part of time CONSULTANT a final payment shall be made to the CONSULTANT as shown in Fxhibit r for thie typr. of AGRFEMENT used No payinLnt shall be made foi any work completed after ten (10) days following receipt by iht. CONSULTAN r of the Notice to Terminate If the accumulated payTnent made to the CONSUL FAN`l pnor to Notice of rI emu nation exceeds the total amount that would be due "lien computed as set forth herein above, then no Final payment shall b4 clue and the C'ONSUi. TANT shall immediately reimburse the AGENCY fur - iny excess }paid If the services of the CONSULTANT are terminated b} the AGENCY for default on the part of the CONSULTAN 1 the above formula for payment shal l not apply Page 4 of 8 In such an event the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satistactorily completed to date of termination whether that work is in a form or a type which is usable to the AGENCY at the time of termination the cost to the AGLNCY of cmploymg another firm to complcM the, work required and the time which ma} be required to du so, and other factors which affect the value to the. AGFNCY of the work performed at the time of termination Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above V If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it s employee s default or negligence the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously In the event of the death of any member partner or officer of the CONSULTANT or anv of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULT ANT hereby agree to complete the work under the terms of this AGREEMENT if requested to do so by the AGENCY This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY if the AGENCY so chooses In the event of the death of any of the parties listed in the previous paragraph should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT payment shall be made as set forth in the second paragraph of this section Payment for any part of the work by the AGENCY shall not constitute a veaiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT or for failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the. AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X Changes of Work The CONSULTANT shall make such chingcs and revisions in the complete work of this AGREEMEN I as necessary to correct errors appearing therein, when required to do so by the AGENCY without additional compensation thereof Should the AGFNCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised the C ONSUI TANT shall male such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under Section XiV Xl Disputes Any dispute concerning questions of fact in conncctiun with the, work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be reterrcd for dctcrmination to thi. Director of Public Works or AGENCY I ngineer whose decision ut the. platter shall be final and binding on the parties of this AC,RELMENI provided however that if an action is brought Lhallenptng the Director of Public Works or A61-NCY I ngineer s decision, that decision shall be subject to de nova Judicial review If the parties to this AGREEMENT mutually agree disputes concerning alleged design errors «ill be conducted under thL. procedures found in Exhibit J and disputes concerning claims will be conducted under the procedures found to rxhibit K XII Venue, Applicable Law, and Personal Jurisdiction in the event that either party deems it nCLeY ary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto -i,7ree that any such action shall be initiated in the Superior court of the State of Washington situated in the county in which the AGENCY is located the parties hereto agree that all questions shall be, resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decision~ of the Superior court in accordance with the laves of the State of Washington The CONSIN TAN f hereby consents to the personal Jurisdiction of the Superior court of the State of Washington situated to the county in %Nhich the AGFNCY is located Page 5 of 8 X111 Legal Relations The CONSULTANT shall compl} with all Federal State and local laws and ordinances applicable to the work to be done under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the State of Washington rhL CONSULTANT shall indemnify and hold the AGLNLY and the S 1 ATL and its officers and employees harmless from and shall process and defend at its own expense all claims demands, of suits at law or tquity arising in whole or to part from the CONSULTANT S negligence or breach of an) of its obligations under this AGREEMENT provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE trom claims, demands or suits based solely upon the conduct of the AGENCY or thL STATE their agents officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence: of (a) the CONSULTANT S a,gtnts or employcc,s and (b) thL AGENCY or the STATE, their agents officers and employees this indemnity prow ision with respect to (1) claiiris or suits based upon such ne;gligtnce (2) the costs to the AGENCY or the STATE of deft nding such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT S ni gligence or thL ntg,hgf nLe of the CONSULTANT'S agents or employees The CONSUI -IANT S relatton to the AGENCY shall be at all times as an independent contractor The CO shall Comply with all applicable sections of the applicable. Ethics laws, including RCW 42 23, whiLh is the Code of Ethics for regulating contract interest by municipal officers The CONSULTANT specifically dssuine.s potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and solely for the purpose of this indemnification and defense the CONSULTANT specifically waives any immuniq under the state industrial insurance law, Title 51 RCW Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction con"cts, it any on. the PROJECT Subject to the processing of a new sole source or an acceptable supplemental dareLment, the CONSULTANT shall provide On Call assistance to the AGENCY during contract administration By providing such assistance the CONSULTANT shall assume no responsibility for proper construction techniquts job site safety or and construction contractor's failure to perform its work in accordance with the contract documents The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT or as otherwise required the. following insurance with companies or through sources approved bw the State Insurance Commissioner pursuant to Title 48 RCW lii%tiranc . C overagL A Worker s 40mpLnsatiun and empluvt,r s liability insurdoL.- a, required by thy. STATE B Commercial general liability and proparty damage insurance in an ag &regate amount not less than two million dollars (S2 000 000) for bodily injury including death and property d�image The per occurrence amount shall not exceed one million dollars (S 1 000 000) C Vehiclt liability insurance for any automobile used in an amount not less than a one million dollar ($1 000 000) combined single limit Lxcepting the Worker s Compensation Insurance. and any Professional Liability insurance secured by the CONSULI ANT the AGENCY will be named on all policies as an additional insured The CONSULTANT shall fwmsh the AGI°NCY with venfiic.ation of insurance_ and endorst menu required by the AGREEMENT The AGENCY retierves the right to require complete, Certified copies of all required insurance policies at any time All insurance shall be obtained from an insurance compan} authon7ed to do business in the State of Washington The CONSI.jLTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the excetition of this AGl'tiLL111 ENT to the AGENCY No cancellatiein of the. foregoing pehwes shall bt, ef&ctive without thirty (30) days prior notice to the AGENCY The CONSUL TANT'S protessional bability to the AGENCY shall be limiti.d to the amount payable under this AGnLMLNI or one million (S 1000 000) dollars Ahichever is the greater unless modified br, Exhibit `L' In no case shall the CONSULTANT S professional liability to third parties be limited in any way Page 6 of 8 The AGENCY will pay no progress payments under Section V until the. CONS111 ANT has ftilly complied with tills acction This remedy is not exclusive and the A(PI.NC Y and the S i Al F may take such other action -is is available to it under other provisions of this AGRLI ME N I or otherwise in law XIV Extra Work A The AGENCY may at any time by written order make changes within the general scope of the AGREEMENT in the services to be, performed B if any Such change causes an increase or decrease in the estimated cost of or the time required for performance of any part of the work under this AGREFMFNT, whether or not changed by the order of otherwise affects any other terms and conditions of the AGREEMENT the AGENCY shall make an equitable adjustment in the (1) maximum amount payable (2) delivery or completion schedule, or both and (3) other affected terms and shall mod ifvthe AGREEMENT accordingly C The CONSULTANT must submit any `request for equitable adjustment' hereafter referred to as `CLAIM" under this clause within thirty (30) days from the date of receipt of the written order However it the AGENCY decides that the facts justify it the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT D Failure to agree to any adjustment shall be a dispute under the. Disputes clause However nothing in this clause shall eXLU';e the CONSULTANT from proceeding «ith the AGRI,LMLNT as changed E Notwithstanding the terms and conditions of paragraphs (A) and (B) above the maximum amount payable, for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to ties AGREFMENT XV Endorsement of Plans If applicable the CONSULTANT shall place their endorsement on all plans estimates or any other engineering data furnished by them XVI Federal and State Review I he federal IfighwaN Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress XVII Certification of the Consultant and the Agency AttaLhe.d hereto as Exhibit M -1(a and b)' are the Cernfications of the CONSULTANT and the AGENC'y Exhibit `M 2 Certification Regarding Debarment, Suspension - ind Other Responsibilitti Matters - Prunary Covered Transactions Lxhibit M -3 Certification Regarding the Restrictions of the L'se of Federal Funds for Lobbying and Exhibit `M-4 Certificate of Currc,nt Cost or Pricing Data Exhibit M -3 is required only in AGRFFMFNTS over $100 000 and Lxhibit M-1 is required only in AGREEMENTS over $500 000 XVIII Complete Agreement 1`his document and referenced attachments contain all enWnants stipulations and pros isions agrLLd upon by the. parties No agent or representative of either party has authority to malt and the parties shall not be bound by or be liable for anv statement, representation, proiruse or agreement not set forth heroin No changes amendments or moditications of the terms hereof shall be valid unless reducted to writin- and signed by the parties as an amendment to this AGREEMFNT XIX Execution and Acceptance This AGREEMENT may be simultaneously eseLLIted in several counterparts, each of which shall be deemed to bL an original havmt, ide.ntu.al legal effect The CONSULTANT does hereby ratify and adopt all state-Milts, representations warranties covenants and agreements contained in the proposal and the supporting material submitted by the CONSULTANT, and does hereby accept the AGR.LEMEN I and agrees to all of the terms -ind conditions thereof Page 7 of 8 In witness whereof the parties hereto have executed this AGREEMENT as of the day and year shown in the Execution Date box on page one (1) of this AGREEMENT Consultant Roger W Flint Age -) ]� ze ncy City of Spokane Valley DOT Form 140 089 EF Revised 3/2008 Page 8 of 8 By By Consultant Roger W Flint Age -) ]� ze ncy City of Spokane Valley DOT Form 140 089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A -1 Scope of Work for Park Road - Broadway Avenue to Indiana Avenue, City of Spokane Valley, Washington Federal Aid Project No. STPUL 4033(001) Agreement No. LA -6901 June 2009 1.0 Introduction The purpose of this scope of work is to establish the specific scope of CH2M HILL's professional engineering services and compensation for the final design of the widening of Park Road from Broadway Avenue to Indiana Avenue The City of Spokane Valley (Spokane Valley) may make or approve changes within the general scope of this agreement If such changes affect CH2M HILL'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this agreement CH2M HILL will notify Spokane Valley in writing of the occurrence of a change and an estimate of the cost impact Spokane Valley will provide written approval of change A 10 percent contingency fund has been established for minor changes to the Scope of Work Use of the contingency fund requires written authorization from Spokane Valley Spokane Valley reserves the right to expand the Scope of Work for this project to include engineering services for construction inspection and/or construction management These additional services during construction are not included in this Scope of Work 2.0 Purpose The purpose of this project v; to widen Park Road from Broadway Avenue to Indiana Avenue within the city limits of Spokane Valley, Washington The proposed improvements are to widen the existing two -lane road to a three -lane section with two travel lanes and a continuous left turn lane Sidewalks with curbs, gutters, and dedicated bicycle lanes are planned for both sides of the road The project also includes associated drainage systems The Broadway Avenue and Mission Avenue intersections will be unproved with concrete pavement, in all directions at Broadway and in the north -south direction at Mission, in addition to traffic signal and illumination upgrades SPIGUMKT A 1 SOW_FINALDOC 1 OF 12 385766 D1 HW SCOPE OF WORK FOR PARK ROAD CITY OF SPOKANE VALLEY JUNE 2009 3.0 Scope of Work CH2M HILL will design the project and supply documentation for the design in accordance with • Spokane County Standards for Road and Sewer Construction • Washington Department of Transportation local agency gwdeh nes • Washington Department of Transportation Design Manual This scope of work includes the following maul tasks Task 1 Surveying and Mapping Task 2 Environmental Documentation and Pem - uts Task 3 Geotechnical Services Task 4 Plans, Specifications, and Estimates Task 5 Utility Services Task 6 Right -of -Way Coordination and Plan Task 7 Public Involvement Coordination Task 8 Bidding Assistance Task 9 Project Management and Agency Coordination This scope of work and the fee estimate is based on the following anticipated delivery schedule • The Work described herein will begin in July 2009 • The bidding phase for construction will occur in the late fall or winter of 2009/2010 with construction anticipated to begin in early spring 2010 CH?M HILL will provide the following Specific services Task 1 Surveying and Mapping 11 Surveying This task mvolx es establishing survey control and performing field surveying in support of the base mapping for Task 4 • Research, locate and flag found property corners and monuments adjacent to the project and existing within the right -of -way This task includes a request for information letter to local s- irveymg companies • Establish the Washington State Plane Coordinates system for the project as well as set project horizontal and vertical control points, based on NAVD 88 datum, along corridor at approximate 600 -foot spacing • Research I -90 and City road plans, records of survev, short plats, plats and binding site plans Complete the computations to estabhsh the right -of- -way for Park Road and intersecting streets SPIGEXHIBFT_A i_SOW_FINAL.DOC 2 OF 12 385766 D1 HW SCOPE OF WORK FOR PARK ROAD CffY 0. AANE VALLEY JUNE 2009 • Delineate, by staking, the existing right -of -way fines where there are no monuments at the property corners to provide visual enhancement for public involvement and right - of -way acquisition activities • Re- staking of right -of -way lanes is not included in this scope of work and will be completed on a tune and materials basis by supplemental agreement, if requested Task 1 1 work shall begun as soon as weather permits after the City executes this Agreement 12 Mapping • Provide topograpfuc mapping of the project area Obtain survey data, extending from within the current right -of -way lanes to ten feet outside of the proposed right -of -way line for sidewalks, driveways, fences, mailboxes, landscaping, trees and shrubs Contour lines will be shown on mapping at one -foot vertical intervals Project limits are from centerline of Broadway to 100 feet north of Indiana Avenue The bridge over the I -90 will not be included except for locating each end for matching purposes • Survey in centerline of Park Street, flow line at outside edge of concrete gutter (next to the asphalt and away from the curb), top face of curb and back of walk at a maximum of 25 -30 foot intervals Within all cross street intersections TIN shots shall be provided roughly every 25 -30 feet Where the existing roadway is over 50 feet wide provide quarter -crown TIN shots also • Show existing right -of -way lines from records researched under Task 1 1 • Request utility locates prior to conducting the survey (Note Utility agencies sometimes refuse to perform field locates during the project design phase ) • Survey utilities (gas, power, water, sarutary sewer, storm sewer, cable TV, etc ) and casings within the intersection and within 10 feet of back of walk from above ground visible evidence • Survey storm sewer and sarutary invert elevations • Provide traffic control for surveying efforts • Work will be performed in conjunction with Task 11 Deliverables Base mapping, including all point and TBV files, to AutoCad format Task 2 Environmental Documentation and Permits This scope of work is based on the use of federal dollars for construction of the Park Road Improvement project Therefore, the National Environmental Policy Act (NEPA) environmental review process must be followed through the development of this project, which includes preparation of an Environmental Classification Summary (ECS) for the Washington State Department of Transportation (WSDOT) and the Federal Highway Administration (FHWA) It is assumed that an environmental review will result in a Documented Categorical Exclusion (DCE) for compliance under NEPA, and an SMEXHISF A 1SOW_FINALDOC 3 OF 12 385766 DI HW SCOPE OF WORK FOR PARR ROAD CITY OF bKOKANF VALLEY JUNE 200 Environmental Checklist to comply with the State Environmental Policy Act (SEPA) After the SEPA /NEPA environmental review is completed, applications for environmental pernuts can be submitted to regulatory agencies, i e, stormwater and air quality notices of construction General Considerations General considerations related to the entire scope of work 1 Thus scope of work is intended to meet requirements of the Washington State Department of Transportation (WSDOT) Local Agency Guidelines (LAG) Manual Section 24 4 for Class II projects (DCE) The goal of this work will be to evaluate environmental concerns, determine impacts (if any), and suggest design mitigations to address impacts 2 It is assumed that a DCE will meet the requirements of NEPA, resulting in a Finding of No Significant Impacts (FONSI) However, if the IVEPA lead agency determines that an Environmental Assessment (EA) or an En-v ironmental Impact Statement (EIS) is needed, an EA or FIS would be conducted under a separate scope of work 3 There will not be any NEPA related field surveys conducted or environmental disciplme reports prepared for the ECS or Environmental Checklist (see assumptions under Task 2 2) 4 All deliverables (ECS, SEPA Checklisst) wi .1 be provided to the City with 2 bound hard copies,1 unbound hard copy, and 1 electronic file in Microsoft Word 2003 format 5 Public notice and a public comment period will be conducted as standard NEPA /SEPA procedure by the City It is assumed that the City will prepare the Determination of Nonsigni icance for SEPA, and WSDQT or FHWA will. prepare the FONSI b There are no plans for a public meeting or hearing, and if one should be imposed by an interested governmental agency reviewing the project or for any other reason, any preparation or panccipation at the meeting /hearing is out of this scope of work 7 This scope of work does not include environmental pernrut applications or fees thereof 21 Environmental Classification Summary (ECS) CH2M HILL will coordinate with WSDQT and 1~HWA to confirm that a ICE is the appropriate level of NEPA documentation Upon confirmation, CH2M HILL will prepare a draft ECS for the Park Road improvement project using the Local Agency ECS form The draft ECS will be submitted to the City of Spokane Malley for review, revised as needed, and final documents submitted to the City For budgeting purposes, it is anticipated that the draft ECS will be approved without further documentation Assumptions Meeting or discussion with WSDQT /FHWA will be done by phone It is assumed that the City will submit the ECS to WSDOT /FHWA SPIGFJtH18(T_A 1_S0W_F1NAL0X 4 of 12 385766 ❑IJiW SCOPE OF WORK FOR PARK ROAD CRY a iKANE VALLEY JUNE 2009 Deliverables • Participation at one (1) meeting with WSDOT /FHWA and summary of key issues and resolutions • Drafts and Final (if necessary) copies of the ECS will be prepared and submitted to the City 2 2 SEPA Checklist CH2M HILT. will prepare a State Environmental Policy Act (SEPA) Checklist for the Park Road project Assumptions Surveys There will not be any SEPA related field surveys conducted or environmental discipline reports prepared for the SEPA Checklist Air Quality It is assumed that there is no need to conduct any air quality modeling or prepare associated reports Cultural and Historical Resources It is assumed that a cultural resources survey will not be needed because all work will be within the existing right -of -way It is unlikely that cultural or historical artifacts would be found within this project corridor However, the checklist will explain that a management /policy plan would be followed should any discoveries be made during construction Biological Resources It is assumed that there are no biological resources of concern that might be present The roadway is not near any wildlife habitat or riparian area that would require field surveys This will be confirmed by reviewing Washington State Fish & Wildlife Department's (WSF &W's) Priorihj Habitats and Species List, Aicgust 2008 as part of the biological assessment Wetland Resources It is assumed that there is no need to conduct delineation of wetlands or to prepare a wetlands mitigation plan This will be verified by reviewing National Wetland Inventory Maps and conducting a site reconnaissance to search for potential wetlands on or near the project site Therefore, there will be no need for a Section 404 permit and a Section 401 certification because no work will occur within wetlands or within the ordinary high water mark of any surface water, including the Spokane River Parklands - Section 40) There is a City Park (Park Road Pool) located at N 906 Park Road, adjacent and east of Park Road It is assumed that there will be no need for a Section 4(f) evaluation of this parkland because the project will be within the existing road right -of -way and will not adversely impact the park property or use - Water Resources It is assumed that the project will not need any water resources permits including those for shorelines, floodplam or hydraulic approvals because it is not located within 200 -feet of a state designated shoreline, it has no work within the ordinary high water mark of any surface body, and does not he within a 100 -year floodplam Also, it is assumed that land can be acquired to accommodate all stormwater control as , ,ociated with the Park Road improvement project SPKIEXHOT_A- 1_sOW_FlNALDOc 5 OF 12 385766 D1 HW SCOPE OF WORK FOR PARK ROAD CITY OF brOKANE VALLEY JUNE 2009 Transportation It is assumed that there is no need for a traffic study Environmental Health (Noise and Hazardous Materials) It is assumed that there is no need for a noise study, and that there are no hazardous materials within the project footprint that would require remediation or clean -up Aesthetics It is assumed that there is no need for a visual quality or aesthetics analysis because views will essentially remain the same, a view of an unproved roadway A draft SEPA Checklist will be submitted to the City of Spokane Valley for review, revised as needed, and final SEPA Checklist submitted to the City Deliverables Draft and Final SEPA Checklist Task 3 Geotechnical Services 31 Field Explorations and Laboratory Testing The work will include dulling and inspection of test pits and borings, and laboratory testing to produce information for final geotechnical design of signal pole and lummaire foundations, stormwater infiltration ponds, and pavement section design Assumptions CH2M HILL, or its authorized subconsultants, will obtain right of entry agreements prior to performing any work outside of the street nght -of -way and a right -of -way permit from Spokane Valley prior to performing work within the street nght -of -way Proposed boring and test pit locations will be marked and calls to One -Call for utilities will be made It is assumed that for pavement foundation design, boring and test pit locations will be located adjacent to existing pavement sections of Park Road and that testing directly beneath the paved sections will not be required to obtain a representative subgrade sample • It is assumed that CH2M HILL will drill and sample four test boring locations with drilling footage totaling 60 lineal feet (lf) during the geotechinical work The purpose of these test borings will be to establish the engineering properties of the soil at the test boring locations for the signal pole foundation Equipment and labor to locate the test borings, drill the borings, and restore the site upon completion will be provided CH2M HILL will be responsible for utility checks and vehicular traffic control as needed during drilling operations A traffic plan and flaggers are not considered necessary with work being conducted off the existing roadway During the drilling program, Standard Penetration Tests (SPTs) will be conducted at intervals of 5 feet or at stratigraphic changes in soil An automatic hammer may be used to conduct SPTs • A backhoe and operator will be contracted to excav ate and backfill test pits for a total of 4 days at selected locations, to determine soil types and to perform percolation tests at the locations of the proposed stormwater infiltration ponds Test pits will be excavated, percolation measurements collected, and pit backfilled prior to leaving each day For planning purposes, it is assumed that CH2M HILL will perform percolation tests at nine of thirteen locations CH2M HILL will make arrangements and pay all costs for obtaining w ater for the percolation testing SPIQUHIBR A 1 SOW_FINALDOC 6 OF 12 385766 D1 MW SCOPE OF WORK FOR PARK ROAD CITY A -"E VALLEY JUNE 2009 A backhoe and operator will be contracted to excavate and backfill test pits for a total of two days at selected locations outside of the existing paved section along Park Road, to determine soil types and to obtain samples for determining the subgrade properties of the native soils for the purpose of pavement design A geotechnical engineer or engineering geologist will be provided during test borings and pit excavations to • Visually classify sods and rock according to ASTM methods • Record drilling and pit observations, including blow counts during SPTs on logs • Collect soil and rock samples for laboratory analysis and classification The boring and test pit logs will include relevant observations made by drilling crews during drilling Depths at which groundwater is encountered also will be recorded Test borings will be restored to grade to match the existing conditions Laboratory tests will be conducted on selected soil samples to determine gradation and moisture content of site soils For this scope of work, it is assumed that the laboratory testing program will consist of up to eight moisture contents, eight sieves, and four AASHTO T 307 (Resilient modulus) tests 32 Geotechnical Report CH2M HILL will prepare a geotechmcal report, summarizing the field investigation, laboratory testing, and geotechnical recommendations for the project The report will present A summary of field exploration methods, results, and interpretations, including test boring and pit logs, descriptions of soil conditions, and water levels encountered during drilling • A summary of laboratory testing methods, data, and tabulated results Geotechnical design recommendations for stormwater mfiltration ponds and signal pole foundations and pavement design recommendations 33 Geotechnical QA/QC Review Quality Assurance/ Quality Control (QA /QC) reviews for the geotecluucal engineering aspects of the project will be performed Deliverables Geotechntcal report Task 4. Plans, Specifications, and Estimate 41 Preliminary Design Report A preliminary design report will be prepared to show preliminary layout of the roadway geometry and drainage facilities Analysis will be performed to determine if additional nght -turn lanes are warranted at the Mission Avenue and Broadway Avenue intersections SPKIEXHIBIT A 1 SOW FINALDOC 7 OF 12 38576&D1 HW SCOPE OF WORK FOR PARK ROAD CITY OF brUKANE VALLEY JUNE 240 The prehminary design report will also address street and drainage design standards and other related data 42 Roadway Plans and Profiles Plan and profile sheets will be prepared These plans will include horizontal and vertical alignment infoimnation and plan views of pavuig linuts, hnuts of curb gutter and sidewalk, locations of driveways, cut/fill limits, stormwater infiltration ponds, and other elements of roadway construction Edge -of- pavement elevations will be established by curb profiles and will be based on the roadway centerline profile Plan sheets will show structure notes 43 Typical Sections Development Roadway typical sections will be developed for Park Road The geotechnical findings for the subgrade soils will be used, along with traffic volume information provided by Spokane Valley, to design pavement section thicknesses based upon AASHTO Guide for De';agri of Paveinent Structitres, A Concrete pavement sections will be developed for each direction of the Broadway Avenue intersection and the north-south direction of the Mission Avenue intersection Two typical section sheets will be developed for this project 44 Drainage Design Plans Drainage plan sheets depicting proposed storm drain system components including pipes, manholes, and catch basins and inlets vvil.l be prepared Separate detail sheets will show non - standard drainage construction details as well as drainage profiles Drainage design will be performed in accordance with the Spokane Regional Stormwater Manual 45 Roadway Details Prepare detail sheets identifying miscellaneous details not covered by standard plans 46 Signing and Striping Plans Signing and striping plans will be prepared These plans will delineate the locations of all pavement markings including lane lanes, crosswalks, turn arrows, and stop bars These plans will also show the locations and saes of required signing indicating the type and location of individual signs Signing and striping will be designed un accordance with the Manual of Uniform Traffic Control Device (ITCD) and standards adopted by Spokane Vallev 47 Traffic, Illumination, and Signals Traffic signal and illumination design will be performed for two intersections along Park Road within the project limits as described below Assumptions Park Road at Mission Avenue — Remove the existing span -wire traffic signal and replace it with a new mast -arm traffic signal complete including new signal controller and detection system Park Road at Broadway Avenue — Modify the existing mast -arm traffic signal by replacing the existing signal mast -arms and traffic signal heads as needed to align SPVJEXHIBff A 1 SOW FINALDOC 8 OF 12 385766.01 HW SCOPE OF WORK FOR PARK ROAD CRY G .JK VALLEY JUNE 2009 the signal heads with the newly constructed lanes No other signal work is anticipated at this intersection at this time If additional work is required then the level of effort and associated cost will be adjusted Sheets will not be added without written CITY approval CH2M HILL will review the available traffic count data and document the capacity and operational requirements of the intersections of Park Road and Mission Avenue and Park Road and Broadway Avenue, to identify intersection control needed This operational review will identify intersection LOS, delay, lane configuration, signal timing, phasing, and cycle length It is assumed that recent (within the last 12 months) peak hour turning movement traffic count data is available from Spokane Valley and can be readily obtained to perform the operational review CH2M HILL will prepare the signal and illumination plans and details in accordance with Spokane Valley guidelines, showing proposed locations for the new signals, luminaires, electrical hardware, and wiring diagrams Geotechnical investigations and signal pole foundation designs will be conducted as described in Task 3 Conduits and pull boxes for signal interconnection with other intersections will be included in the project design It is assumed that illumination only will occur at the signalized intersections and that an illumination study will not be required 48 Specifications CH2M HILL will prepare specifications using the current WSDOT Standard Specifications for Road, Bridge, and Murucipal Construction and WSDOT Special Provisions Standard plans will be identified and assembled for inclusion in the contract documents Modifications to the standards will be made with amendments and special provisions It is assumed that construction surveying will be included in the contractors contracted responsibilities 49 Summary of Quantities and Opinion of Cost CH2M HILL will perform quantity takeoffs for all project elements CH2M HILL will prepare a summary of quantities plan CH2M HILL will compile unit prices based upon WSDOT and Spokane County unit bid analysis and will prepare an opinion of cost 410 QA/QC Review Quality Assurance /Quality Control (QA /QC) reviews will be performed for the roadway work Project design criteria, geotechnical recommendations, and roadway geometries will be reviewed to assure conformity with protect requirements A plans check, constructabibty check, and quantities check will be completed on the 90 percent roadway design work SPKIEXHIBR_A t SOW_FINAL.DOC 9 OF 12 3857601 HW SCOPE OF WORK FOR PARK ROAD CITY Of 5F OXANE VALLEY JUNE 2049 Deliverables Prelinunanj design report at the 30% level of completion, preliminary desagn drawings at the 60% level of completion, and drawings, specifications and estintates will be submitted at the 90% and Finch levels of completion Tentative Sheet List , The sheet list shown and Cl- I211r1 HILL's fee estimate assumes that several of the plan sheets normally required by the WSDOT flans Preparation Manual will not be required for thLs project Half -sized plans (11'x17) wY1l be bound with the contract documents for bidding and review Full -size plans will be prepared at 1 " =2a' scale AutoCA,D drawings will be prepared using Spokane Valley CAD standards TABLE 1 Tentative Sheet List Deliverable Number of Sheets Title Sheet General Notes and Abbreviations Sheet 2 Summary of Quantities 1 Roadway Typical Sections 2 Roadway Plan and Profiles 8 Drainage Plans and Profiles 8 Drainage Detail Sheets 2 Traffic Signal Plans 3 Roadway Detail Sheets 5 Signing and Stnping Plans 5 Task 5 Utilities Services 51 Utility Coordinabon CH2M BILL, or its authorized subconsultant will contact the utility companies via letter and request field locations for underground utilities so that the field surveys can accurately locate the utilities Above - ground utility inforn-ation also will be collected by field surveys All available utlhty information will be compiled on preliminary roadway plans CH2M HILL will circulate preliminary plans to affected uhlities and request their relocation plans CH2M HILL will coordinate die Park Road unprovements with utility agencies identifying utility relocation work and utility improvements with affected utility companies Deliverable Preliminary roadway plants circulated to affected ittility agencies SPK1EXHIBrf_A t_SOW FIHALDOC 10 OF 12 385766 D1 HW SCOPE OF WORK FOR PARK ROAD CITY C jKANE VALLEY JUNE 2009 Task 6 Right -of -Way Coordination and Plan The existing >nght -of -way will be identified under Task 1 and the extent of additional right - of -way required for the project will be identified under Task 4 Unhl work under these two tasks has been performed, the level of effort required for right -of -way acquisition activities cannot be defined In addition, Federal funding requirements preclude performance and reimbursement of any right -of -way acquisition activities until project environmental documentation and permitting has been completed and approved As such, the Task 6, Right -of -Way Coordination and Plan scope of work, level of effort, and associated fee will be incorporated into this Agreement at a later date by Supplemental Agreement Task 7 Public Involvement Coordination 71 Public Information Meeting All public involvement and community outreach activities will be coordinated with Spokane Valley CH2M HILL will prepare for and coordinate one public information meeting The public meeting will be an "Open House style meeting to answer questions Up to two representatives from CH2M HILL will attend the meeting and be available to answer questions from the public CH2M HILL will be responsible for preparing the project fact sheet and displays It is anticipated that a colored version of the design line work, overlaying a colored aerial photograph will be used at the public meeting CH2M HILL will prepare a Public Notice and will coordinate with a madmg service company to distribute the notification Spokane Valley will pay for the mailing This task does not ,Include preparing project newsletters or making presentations to public officials, property owners, and businesses Deliverables Prepare meeting displays and handouts, prepare public notice, attend public meeting Task 8 Bidding Assistance 81 Bid Documents Preparation CH2M HILL will print and distribute up to 50 sets of bid documents after Spokane Valley and WSDOT approval Bid documents will be sent to approximately seven local plan centers 82 Advertisement for Bids CH2M HILL will assist Spokane Valley with advertisement for bids (Spokane Valley will place the advertisement) 83 Response to Bidder Questions and Issue Addenda CH2M HILL will answer bidder's questions and issue addenda (up to two) CH2M HILL will not be required to attend the bid opening (Spokane Valley will conduct bid opening) SPKIEXHIBIT_A 1-SOW FINALDOC 11 OF 12 385766 D1 HW SCOPE OF WORK FOR PARK ROAD CfTY OF SFUKANE VALLEY JUNE 2DO9 84 Bid Tabulation, Evaluation, and Contract Award Recommendation CH2M HILL will prepare bid tabulation, evaluate low bidder's qualifications, and make a recommendation for contract award to Spokane Valley staff and the City Council Deliverables 50 sets of bid documents, addenda, and bid tabulation Task 9 Project Management and Agency Coordination Provide o-v eral. project management and coordination with Spokane Valley A total time of six months is assumed to be the duration for this work 91 Overall Project Management Services Provide overall project management services including • Project .instructions and work plan • Staff and subconsultant management • Quality management plan • Control budget and schedule • Bi- weekly progress reports via email • Monthly progress reports and invoices (The progress report /invoice will identify the work performed for that period, major decisions, schedule, and budget status Deliverables Project instruct and work plan, quality management plan, progress reports and invoices 92 Agency Coordination Provide overall agency coordination including • One coordination meeting per month (two CH2M HILL staff present) Deliverables Coordination ineet><ng minutes 4.0 Project Delivery Schedule CH2M HILL will complete nulestone work no later than the following schedule TABLE 2 Project Delivery Schedule Deliverable Delivery Date Draft PS &E Open House Meeting Issue Final Bid Package September 2009 November 2009 February 2010 SPIUEXHIBrT A 1 SOW FINALDOC 12 OF 12 382 DI HW Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work specified in Seetlon A, "Scope of Work " The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 A Actual Costs Payment for all consulting services for tins PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee The actual cost shall include direct salary cost overhead, direct non -salary costs, and fixed fee 1 Direct Salary Costs The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY 2 Overhead Costs Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books Progress payments shall be made at the rate shown in the heading of this AGRFEMENT under 'Overhead Progress Payment Rate " Total overhead payment shall be based on the method shown in the heading of the AGREEMENT The two options are explained as follows a Fixed Rate If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown This rate shall not change during the life of the AGREEMENT b Actual Cost If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit up to the Maximum Total Amount Payable authorized under this AGREEMENT, when accumulated with all other Actual Costs A summary of the CONSULTANTS cost estimate, and the overhead computation is shown in Exhibit ` E attached hereto and by this reference made part of this AGREEMENT When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) %N ill submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category dollar expenditures etc ) for the purpose of adjusting the overhead rate for billing purposes It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate DOT Form 1404069 EF Exhibit D-2 Revised 6108 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved The AGENCY, STATE and/or the Federal Government may perform an audit or the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire 3 Direct Non - Salary Costs Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT These charges may include, but are not limited to, the following items travel, printing long distance telephone supplies computer charges and sub - Lonsultant costs a Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding au train, and rental car costs) in accordance with the kGENCY S Travel Rules and Procedures However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Fart 31 205-46 `Travel Cost b The billing for Direct Non - Salary Costs shall include an iterrimcd listing of the charges directly identifiable wh the PROJECT c The CONSULTANT shall maintain the original supporting documents m their office Copies of the original supporting documents shall be supplied to the AGENCY upon request d All above charges must be necessary for the services provided under this AGREEMENT A Tixed Fee This Fixed Fee which represtnts the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee This amount does not include any additional Fixed Fee which could be authonzed from the Management Reserve Fund This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work the supplemental AGREEMENT may mclude provisions for the added casts and an appropriate additional fee The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in thi, final payment subject to the provisions of Section IX entitled `Termination of Agreement ' 5 Management Reserve Fund The AGENCY may desire to cstablish a Management Rt serve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for a.11o%able unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s) shall be in writing and shall not exceed the lesser of $ 100 000 or 10% of the Total Amount Authonfcd as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT This fund may not be replenished Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV Fxtra Work "6 Maximum Total Amount Payable The Maxunum Total Amount Payable by the. AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The Maximum Total Amount Payable is comprised of the Total Amount Authorized and the Management Reserve Fund The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work No minimum amount payable is guaranteed under this AGREEMENT B Monthly Progress Payments The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such bilbngs shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, ` General Requirements' of this AGREEMENT The billings will be supported by an itemized listing for each item including Direct Salary Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee To provide a means of venfymg the billed salary casts for CONSULTANT employees, the AGENCY may conduct employee interviews These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview C Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its venfication by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes reports, electronic data and other related documents which are required to be furnished under this AGREEMENT Acceptance of such Final Payment by the CONSULTANT %hall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said Final Payment shall not, however be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund Such overpayment to the AGENCY within thirty (30) days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings D Inspection of Cost Records The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States for a period of three (3) years after receipt of final payment the cost records and accounts pertammg to this AGREEMENT and all items related to or bearing upon these records with the following exception if any litigation, claim or audit ansing out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the record% is completed DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit E -1 / Park Road Reconstruction - Broadway to Indiana Avenues contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit F / Breakdown of Overhead Cost contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the tollowing portions of the work of this AGREEMENT DOT Form 140-089 EF Exhibit G Revised 6/O5 Exhibit G -3 Breakdown of Subconsultants Overhead Cost Benthm and Associates Services performed by Benthin and Associates will be charged to the project at Benthin's current and lowest preferred - client hourly rates, which include direct salary costs, overhead expenses, and profit Benthin and Associates is a small business with five or less employees and therefore is exempt from FHWA provisions requiring a federally - audited overhead rate Budinger and Associates Budinger and Associates does not yet have a federally - audited overhead rate Services performed by Budinger and Associates will be charged to the project with a provisional overhead rate of 140 percent of direct salary cost Exhibit H Title VI Assurances During the performance of this AGREEMENT thc. CONSULTANT, for itself, its assignees, and successors in interest agrees as follows Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21 as they may be amended from tune to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT Non- dIscrunmahon The CONSULTANT, with regard to the work performed during the AGREEMENT shall not discriminate on the grounds of race, color sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS Solicitations for Sub - consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMFNT and the REGULATIONS relative to non - discrimination on the grounds of race color, sex, or national origin Information and Reports The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropnate, and shall set forth what efforts it has made to obtain the information Sanchons for Non - compliance In the event of the CONSULTANT'S non - compliance with the non - discrimination provisions of this AGREEMFNT the AGENCY shall impose such AGREEMENT sanction% as it, the STATF or the FHWA may determine to be appropnate, including, but not limited to Withholding of payments to the CONSUL TANT under tht, AGREEMENT until the CONSULTANT complies, and/or, Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140.089 EF Exhit»i H Revised 6/05 6 Incorporation of Provisions The CONSULTANT shall include the pro% isions of paragraphs (1) through (5) to every sub- Lontract including procurement of materials and leases of equipment unless exempt by the REGULATIONS or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGFNCY, STATE or Fl -IVVA may direct as a means of enforcing such provisions including sanctions for non - compliance Provided, however, that in the event a CONSULTANT becomes m-volved m or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and in addition the CONSULTANT may requcSt the United States enter into such litigation to protect the interests of the United States Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as The work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authonzed extra work completed Cost Pius Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fired fee as the work completed at the time of termination is to the total work required for the Pro9eet In addition, the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT DOT Form 140-089 EF Exhibit I Remised 6105 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exlubit is to establish a procedure to determine if a consultant s alleged design error is of a nature that exceeds the accepted standard of care In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant Step 1 — Potential Consultant Design Errors) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design errors) For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures (Note The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures ) Step 2 - Project Manager Documents the Alleged Consultant Design Errors) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence the project manager obtains more detailed documentation than is normally required on the project Examples include all decisions and descriptions of work photographs, records of labor, materials and equipment Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is deterrmned that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design errors) and the magnitude of the alleged errors) The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for thL alleged design errors) issue Step 4 — Attempt to Resolve Allegt.d DLsign Error with Consultant After the meetings) with the consultant have been completed regarding the consultant s alleged design errors) there are throe Possible scenarios It is determined via mutual agreement that there is not a consultant design enor(s) If this is the case then thL process will not proceed beyond this point It is determined -via mutual agreement that a consultant design error(s) occurred If tilts IS the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant The settlement %%ould be paid to the agency or the amount would be reduced from the consultant s agreement with the agency for the services on the project in which the design error took place The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6105 Local Programs Engineer a summary of the settlement for review and to mekL adjustments it any, as to ho& the settlement affects federal reimbursements No further action is required • There is not a mutual agreement regarding the alleged consultant design errors) The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review if the Director of Public Works or Agency Engineer, after review with their legal counsel is not able to reach mutual agreement with the consultant, proceed to Step 5 Step 5 —Forward Documents to I lighways and Local Programs For federally funded projects all available information including costs should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA H &LP will meet with representatives of the agency and the consultant to review the alleged design errors) and attempt to find a resolution to the issue If necessary, H &LP will request assistance from the Attorney General s Office for legal interpretation H &LP will also identify how the alleged errors) affects eligibility of project Lost; for federal reimbursement • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution H &LP in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue • If mutual agreement is not reached the agency and consultant may seek settlement by arbitration or by litigation Exhibit K Consultant Claim Procedures The purpose of thus exhibit is to describe a procedure regarding clanm(s) on a consultant agreement The following procedures should only be utilized on consultant claims greater than $1,000 If the consultant's claim(s) area total of $1,000 or less it would not be cost effective to proceed through the outlined steps It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claun(s) that total $1,000 or less This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant Step 1— Consultant Files a Claun with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim The first step that must be completed is the request for consideration of the claim to the Agency's project manager The consultant's claim must outline the following • Summation of hours by classification for each firm that is included in the claim, • Any correspondence that directed the consultant to perform the additional work, • Timeftame of the additional work that was outside of the project scope, • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work, and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work Step 2 — Revie% by Agency Personnel Regarding the Consultant s Claim for Additional Compensation After the consultant has completed step 1, the next step m the process is to forward the request to the Agency's project manager The project manager will review the consultant s claim and will met with the Director of Public. Works or Agency Engineer to dctcrmine it the Agency agrees with the claim If the FHWA is participating in the project's funding, for%ard a copy of the consultant s claim and the Agency's recommendation for ledcral participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer If the claim is not eligible for federal participation payment will need to be from agency funds If the Agency project manager Director of Public Works or Agency Engineer, WSDOT Iighways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim After the request has been approved the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit No further action m needed regarding the claim procedures DOT Form 14D-089 EF Ex#ubit K Revised 6105 If the Agency does not agree with the consultant s claim proceed to step 3 of the procedures Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following • Copy of information supplied by the consultant regarding the claim, • Agency s summation of hours by classification for each firm that should be included in the claim, • Any corre ipondeme that directed the consultant to perform the additional work • Agency's summary of direct labor dollars overhead costs profit and reimbursable costs associated with the additional work, • Explanation regarding those areas rn which the Agency doesldoes not agree with the consultant's claim(s), • Explanation to describe what has been instituted to preclude tuture consultant claim(s) and • RoLommendations to resolve the claim Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures) if the project involves federal participation obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the clai n If the claim is not eligible for federal participation payment will need to be from agency fiends Step 5 — Informing Consultant of Decision Regarding, the (_lama The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's elaim(s) Include the final dollar amount of the accepted claini(s) and rationale utilized for the decision Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit Exhibit M -1(a) Certification Of Consultant Project No LA -6901 Local Agency Spokane Valley I hereby certify that i am Roger W Flint representative of the firm of C H2M HILL, Inc and duly authorized whose address is 717 West Sprague Avenue, Suite 800, Spokane WA 99201 -3911 and that neither I nor the above firm I here represent has (a) Employed or retained for a commission, percentage brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT, (b) Agreed as an express or implied condition for obtaining this contract to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT, or (c) Paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or m connection with, procuring or carrying out this AGREEMENT, except as hereby expressly stated (if any) I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration U S Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds and is subject to applicable State and Federal laws both criminal and civil Date Signature DOT Form 140 -089 EF Exhibit M-1(a) Revised 6/05 iExhibit M -1(b) Certification Of Agency Official I_hereby certify that 1 am the AGENCY Official of the Local Agency of City of Spokane Valley Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or canrying out this AGREEMENT to (a) Employ or retain, or agree to employ to retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind, except as hereby expressly stated (if any) I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U S Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both crimmal and civil //; q ate DOT Form 140 -089 EF Exhibit M 1(b) Revised 6 /05 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective pnmary participant certifies to the best of its knowledge and belief, that it and its principals A Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency, B Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a crtnunal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, C Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (B) of this certification, and D Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) ternitnated for cause or default Q Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant (Firm) CH2M HILL lnL 6 /4 1 9� 0 9 (Date) Z , A gnature)VR - T - td ' ent or Authonzed Official of Consultant DOT Form 140 -089 EF Exhibit M 2 Revised 6/05 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant (.Lrtifies, by signing and submitting tlus bid or proposal to the best of his or her knowledge and belief, that 1 No tederal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan, or coopera agreement If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions This certifiLation is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 000 and not more than $100 000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100 000 and that all such subrecipients shall certify and disclose at Lordingly Consultant (Firm) CH2M HILL Inc �-4 f /0 1 (Date) e President or Authorized Official of Consultant DOT Form 140 089 EF Exhibit M3 Revised 6105 T PRODUCER MARSH USA INC 122517TH STREET SUITE 2100 DENVER CO 80202 5534 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 15114 00006 -PL2MM -09/10 PDX INSURERS AFFORDING COVERAGE INSURED CH2M HILL INC 9191 SOUTH JAMAICA STREET ENGLEWOOD CO 80112 COVERAGES inaunen w NAIC # 16535 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L TYPE OF INSURANCE LTR INSRO POLICY NUMBER POUCr EFFECTIVE DATE (MMIDDJrI M POLICY 1e P{RATIOfl DATE (MMIDawr"M LIMITS E ERAL LIABILITY EA PREM GE SE;:(Ea O uuMnae) $ COMMERCIAL GENERAL LIABILITY MED EXP (Arty one person) $ CLAIMS MADE 1:1 OCCUR _ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS COM PIOP AGG S POLICY I JECTT LOC AUTOMOBILE UABIUTY COMBINED S NGLE LIMIT S ANY AUTO (Ea aWdent) ALL OWNED AUTOS BODILYINJURY $ (Per person) SCHEDULED AUTOS BODILY INJURY $ HIREDAUTOS NON -OWNED AUTOS (Per aWderd) PROPERTY $ (Per wddent� "PAGE LIABILITY AUTO ONLY EA ACCIDENTS ANY AUTO OTHER THAN EA ACC s � $ _ AUTO ONLY $ I AGG EXCESS I UMBRELLA UABIUTY EACH OCCURRENCE S AGGREGATE S OCCUR CLAIMS MADE $ l--_ DEDUCTIBLE — RETENTION S WORKEPA COMPENSATION AND I WC TAIL OTH T ER IM TS EMPLOYERS' UABIUTY L EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE YIN L. DISEASE EA EMPLOYEE S OFFICERIMEMBER EXCLUDE? I N L DISEASE POLICY LIMIT S (Ma In NH H yes describe under nde�pry I SPECIAL PROVI�IOIdS below OTHER A PROFESSIONAL LIABILITY EOC3829621 -07 05/01/2009 05/01/2010 $2 000 000 EACH CLAIM AND TOTAL FOR ALL CLAIMS l7ESGfi1PT1VPr VF VP�RATIVN�ILV4ATIV1Mn /YCM {vUCiNCnvwstuns Auueu o� cnuvwcmcn rarc.w� rRwmuna 'FOR PROFESSIONAL LIABILITY COVERAGE THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY THE NAMED INSUREDS OWNERSHIP AND /OR OPERATIONS I - - C ERTI FI CATE HOLD SEA 001436151 -02 CITY OF SPOKANE VALLEY WA ATTN KEN KNUTSON 11707 E SPRAGUE AVENUE SUITE 106 SPOKANE VALLEY WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL O MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Sharon A Hammer d��n.ri►Ec.� DATE (MMIDOIYYM CERTIFICAT OF LIABILITY INSURANCE 07/0 7/2009 INSURER a Zurich American Insurance Company INSURER B INSURER C CANCELLATION ACORD 25 (2009/01) 1 ®1998 2009 ACORD CORPORATION All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(les) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon