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 ®ate 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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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$
_
AUTO ONLY
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I
AGG
EXCESS I UMBRELLA UABIUTY
EACH OCCURRENCE
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$
l--_ DEDUCTIBLE
—
RETENTION S
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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