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05-058.00 CH2M Hill: Barker Road Bridge ReplacementIndex of Exhibits Exhibit "A" - Scope of Work Exhibit "D" - Payment (by Agreement Type) Exhibit "E" - Consultant Fee Determination This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. Exhibit "G" - Subcontract Work/Fee Determination Exhibit "H" — Title VI Assurances You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Exhibit "I" — Payment Upon Termination of Agreement « „ Municipal Code (SVMC) 2.75.080; and obtain judicial review E�dtibit Exhibit «.,,, ,._____,t__t E31 fti ,t Pre.._ .______ pursuant to RCW 42.56.550. S1VVVUUavu (Lyn" Exhibit "M" — Certification Documents THIS AGREEMENT, made and entered into this between the Local Agency of City of Spokane alley, WA and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 6105 Page 1 of 8 day of Washingt ,here" fter called the "AGENCY." , / ;/J 1!5 '� Co nsulta nt/Add ress/T'el a phone Local Agency CH2M HILL, INC. Standard Consultant 9 South Washington, Suite 400 Agreement g Spokane, WA 99201 -3709 747 (509) -2000 ® Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description LA -5724 (Local Agency Proj. # 04 -006) Eng'r. S'vcs. for Barker Rd Bridge Rep'1. Project. The initial scope of work is for a Type, Size, and Federal Aid Number Location Study w /provisions for potential add'l BRM 4123(004) work which may include final design, R/W acquisition, environ. documentation, permitting, and Agreement Type (Choose one) ❑ Lump Sum construction mgmt., and inspections services. Lump Sum Amount $ DBE Participation ® Cost Plus Fixed Fee Overhead Progress Payment Rate REDACTS []Yes ® No % Federal ID Number or SocplDACrTEDNumber jjt Overhead Cost Method ❑ Actual Cost Do you require a 1099 for IRS? Completion Date ® Actual Cost Not To Exceed % []Yes ®No September 30, 2005 ❑ Fixed Rate % Fixed Fee $ 9,979.38 Total Amount Authorized $ 123,370.00 Specific Rates Of Pay ❑ Negotiated Hourly Rate Management Reserve Fund $ 12,337.00 ❑ Provisional Hourly Rate Maximum Amount Payable $ 135,707.00 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" - Scope of Work Exhibit "D" - Payment (by Agreement Type) Exhibit "E" - Consultant Fee Determination This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. Exhibit "G" - Subcontract Work/Fee Determination Exhibit "H" — Title VI Assurances You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Exhibit "I" — Payment Upon Termination of Agreement « „ Municipal Code (SVMC) 2.75.080; and obtain judicial review E�dtibit Exhibit «.,,, ,._____,t__t E31 fti ,t Pre.._ .______ pursuant to RCW 42.56.550. S1VVVUUavu (Lyn" Exhibit "M" — Certification Documents THIS AGREEMENT, made and entered into this between the Local Agency of City of Spokane alley, WA and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 6105 Page 1 of 8 day of Washingt ,here" fter called the "AGENCY." , / ;/J 1!5 '� NVITNESSETH T1-A`1': WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW T11EICEFORE, in consideration of the terns, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT_ III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in die performance; of this contract The CONSULTANT, and each SUBCONSULTAiNT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT - assisted contracts. Failure by the ' CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AG 2.EEi�v-.NT. if D M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. if the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEIVIENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event 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 shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CER 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 Extemal Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued -by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub - contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any ' omission on the part of the CONSULTANT,,,-- ­, ployees or other persons while so engaged on any of the wor;__M1,crviccs provided to be rendered herein, shall a sole. obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a frill- or part -rime basis, or other basis, during the period of the contract, any professional or technical personnel who arc, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "IT' attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the . CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment trade to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 lit such an event, the amount to b' r_9 shall be determined by the AGENCY with F given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the 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 any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, 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 waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein providers under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineers decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce'any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply v ll Federal, State, and local laws and ordinac n �Za, F�plicable to the work to be done under this AGREEi%•f1NT. "Phis contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits arlaw or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all tithes as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes 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 immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars (52,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar (S 1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit'V'. In no case shall the CONSULTANT'S professional liability to third parties be liniited in any way. Page 8 of 8 The AGENCY will pay no progres' s ps'yments under Section V until the CONSULT �.-_' has fully complied with this section. This remedy' is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at 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 AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT; the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department 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 Attached hereto as Exhibit "M -1(a and b)" arc the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over S 100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the - parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties h -- � have executed this AGREEMENT as oft -slay and year shown in the "Execution Date" box on page orb) of this AGREEMENT. {� B By Consul t C a7'} ? Agency DOT Form 144089 EF Revised 6105 Page 8 of 8 C U EXHIBIT A -1 Scope of Work for Barker Road Bridge Replacement —Type, Size and Location (TS &L), City of Spokane Valley, Washington FHWA Project No. BRM 4123(004) June 2005 1.0 Introduction The purpose of this scope of work is to establish the specific scope of CH2M HILUs professional engineering services and compensation for the Type, Size, and Location (TS &L) phase of the barker Road Bridge Replacement project. 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 RfLL 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 CH2M HILL's work on this project to include preliminary and final design, environmental documentation and permitting, construction inspection, and construction management engineering services. "These additional services are not included in this Scope of Work but may be added to the Agreement at a later date by written amendment. 2.0 Purpose The purpose of this TS &L project is to perform sufficient technical analysis and related studies to define the project in sufficient detail to enable Spokane Valley to move ahead with final design, right -of -way acquisition, environmental documentation, permitting, and construction. The eventual goal of the project is to replace the existing 2 -lane bridge structure with a wider 4-lane bridge structure, which also includes sidewalks and bicycle lanes. SM SARKER ROAD BRIDGE EXHIB1r A-1 SOW FWAL.DOC 1 of 9 1882KOLER l SCOPE OF WOW FOR BARKER ROAD BRIDGE RERt ""- -t.'r. CITY OF SPOKANE VALLEY. JUNE 2005 3.0 Scope of Work CH2M HILL will perform the TS &L services and provide project documentation in accordance with: • Spokane County Standards for Road and Sewer Construction • Washington Department of Transportation local agency guidelines • Washington Department of Transportation Bridge Design Manual This scope of work includes the following main tasks: Task 1: Surveying and Mapping Task 2: Environmental Considerations Task 3: Geotechnical Services Task 4: Preliminary River Water Surface Elevations Task 5: Roadway, Drainage, and Utilities Task 6: Bridges and Structures Task 7: Project Management CH2M HILL will provide the following specific services: Task 1: Surveying and Mapping 1.1 Surveying This task"involves establishing existing survey control and field surveying in support of the base mapping for the TS &L and Design phases of the project. Surveying tasks are as follows: • Identify and locate any property corners along right -of -ways of construction area to clarify right -of -way impacts. Project horizontal datum will be surface coordinates on assumed datum. The assumed horizontal datum will be referenced to the Washington State Plane Coordinate System. Vertical datum will be NAVD88. • Preparation of monument removal permit forms is not included in this scope of work. 1.2 Mapping Provide topographic mapping data to obtain 1 -foot contour intervals 1. Provide topographic information 100 feet to each side of existing bridge abutments, beneath existing bridge at each end of existing bridge, and within an area 100 feet beyond the north end of the existing bridge. 2. Provide mapping in AutoCAD LDD2i (or later version) format. a) Reduce and draft right -of -way and contour topographic maps b) Reproducible copies will be the final product. c) * Digital AutoCAD files, including all point and TIN files, will be prox6ded to Spokane Valley. Deliverables: Base mapping, including all point and 7N files, in AutoCAD fonnat SMSARKER ROAD BRIDGE EXHIBIT A-1 SON FINALDOC 2 OF 9 18MI.01M PSCOPE OF 1YORK FOR BARKER ROAD BRIDGE M7 i EUT, CITY OF SPaME VALLEY, JUNE 2045 Task 2: Environmental Considerations Review and summarize environmental issues and considerations that may impact the design and /or construction of the new bridge, including: • Identify key environmental considerations • Summarize anticipated environmental reports and permits needed. • Prepare recommendations for environmental and permitting activities to be performed in subsequent phases of the project. Task 3: Geotechnical Services This scope of work covers only those activities through completion of the TS &L report and pluuvng the work to complete final design. Final design geotechnical explorations and analyses are not included. 3.1 Field Explorations and Laboratory Testing The work will include drilling and inspection of borings, and laboratory testing to produce information for conceptual geotechnical design of bridge abutment and pier foundations, retaining wall foundations, and miscellaneous geotechnical design recommendations for bridge construction. Assumptions • CH2M HILL, or its authorized subconsultants, will obtain right of entry agreements and street use permits prior to performing any work. Borings will be staked and calls to One -Call for utility locates will be made. CH2M HILL will drill and sample at two abutment locations, with each boring extending approximately 150 feet below existing grade, for a total of two holes and 300 lineal feet of drilling. Equipment and labor to locate the test borings, drill the borings, and restore the site upon completion will be provided by CH2M HILL or its authorized subcontractors. CHM HILL will be responsible for utility checks and vehicular traffic control as needed during drilling operations. During the drilling program, Standard Penetration Tests (SPTs) will be conducted at intervals of 5 feet in the upper 60 feet, 10 feet below the 60 -foot depth, and at stratigraphic changes in soil. SPT sampling may be omitted in lieu of sampling only if the penetration resistance is consistently greater than 50 blows per foot. CH2M HILL will prepare and submit an application for a Street Obstruction permit and a traffic control plan to Spokane Valley for approval. It is assumed that the borings will be performed in the areas adjacent to the existing roadway and that lane closures or full- time flaggers will not be required. • The purpose of these test borings will be to establish the approximate engineering properties suitable for selecting preliminary bridge foundation types and approximate length and diameter. The boring information can also be used to determine the retaining wall conceptual design. SP aNWER ROAD BRIDGE OMIT A-1 SOW FINALDOC 3 of 9 1SM1.01M SOOPE OF WORK FOR BARKER ROAD BRIDGE REa,� I.'i'. CfCY OF SPOKANE VALLEY, ANE 2D05' A geotechnical engineer or engineering geologist will be provided during test borings to: • Coordinate the program and implement required safety plans • Visually classify soils and rock according to ASTM methods • Record drilling observations, including blow counts during Sns on logs • Collect soil and rock samples for laboratory analysis and classification The boring 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, strength parameters and moisture content of site soils. For this scope of work, it is assumed that the laboratory testing program will consist of the following tests: • Up to 8 sieve analyses No dewatering analysis will be performed. ,this testing program assumes that the soils encountered will be coarse- grained materials (predominantly sand and gravel). 3.2 Preliminary Bridge Foundation Recommendations Preliminary bridge abutment and pier foundation support calculations and conceptual design recommendations will be performed under this subtask. The objective of these analyses will be to identify and select appropriate foundation support types for abutments and piers for completion of the TS &L study, and to develop recommendations for exploration and study to support final design. Calculations and recommendations developed from this task will be summarized and presented in the conceptual geotechnical design recommendations Technical Memorandum under Subtask 3.5. Based on discussions with the design team it is assumed that pier foundations will be supported on large diameter shafts, and abutment foundations will be supported on spread footings. 3.3 Retaining Wall Recommendations Retaining wall type selection will be made on a qualitative basis and recommendations will be provided based on engineering judgment and past project experience. It is assumed that the retaining walls needed for this project will be short walls (i.e. < 10' in height), and will be standard WSDOT MSE or concrete cantilever walls. 3.4 Draft Geotechnical Data Report CH2M HILL will prepare a draft geotechnical exploration data report that will summarize the field exploration and laboratory testing performed for the project. It is separated from the engineering calculations and conceptual design recommendations of subtask 3.5, to facilitate the report being distributed to construction contractors during the bridge construction bid preparation. The data report will present: SPWBARKER ROAD BRIDGE EXNIEIT A -1 SOW FINIAL.DOC 4 OF 9 163201.01.6R SCOPE OF WORK FOR BARKER ROAD BRIDGE WENT. CITY OF SPOKANE VALLEY, JUNE 2005 • A summary of field exploration methods, results, and interpretations, including test boring logs, descriptions of soil conditions, and water levels encountered during drilling • A summary of laboratory testing methods, data, and tabulated results. During final design, which is not part of this scope, the draft data report can be amended to include additional subsurface information. 3.5 Conceptual Geotechnical Design Recommendations Technical Memorandum Geotechnical calculations and conceptual design recommendations for bridge abutments and pier foundations will be presented in the conceptual design recommendations technical memorandum. Applicable calculations and geotechnical design and construction recommendations will be presented. Recommendations for design -level explorations and analyses will also be provided. 3.6 Geotechnical QA/QC Review Quality Assurance/ Quality Control (QA /QC) reviews for the geotechnical engineering aspects of the project will be performed under this subtask. Deliverables: Draft Geotechnical data report; Conceptual Geotechnical design recommendations technical memorandum; and recommendations for geotechnical work to be performed during final design. Task 4: Preliminary River Water Surface Elevations Identify preliminary water surface elevation data to support preparation of the bridge M &L report, including: Collect and review available existing water surface elevation data for the purpose of defining the minimum bridge soffit elevation to satisfy floodway freeboard requirements. • Identify ordinary high water, 100 -year flood, and 500 -year flood water surface elevations. • Summarize subsequent hydraulics studies or evaluations needed to support subsequent phases of project development. Task 5: Bridge Approach Roadways and Utilities This task involves conceptual layout of the horizontal alignment and vertical profile transitions for the roadway at each end of the new bridge and preliminary identification of utilities -to be installed on the bridge. 5.1 Data Collection Cl-12M HILL will assemble and review the data to perform the roadway approach conceptual design work elements including: • Review project base map and existing right -of -way information. SM ARXER ROAD BRIDGE EXFMrF A -1 SON FINALDOC 5 OF 9 I$MI.D1.BR SCOPE OF WORK FOR BARIKER ROAD BRfDGE REPL;, =_ . a,4T, CITY OFF SPOKANE VALLEY, JUNE 2005 • Review existing reports, maps, utilities, plans, and other data pertinent to the roadways and utilities. • h4eet with Spokane Valley staff to identify special conditions and to discuss requirements for project- specific design - criteria for the interface between the bridge and adjacent roadway segments. • Review proposed alternative structure layouts and coordinate with the bridge structure tasks. • Perform a site visit to photograph the site and identify potential conflicts with existing features. 5.2 Roadway Alignments and Impacts Conceptual layouts of the roadway horizontal and vertical alignments will be developed in coordination with the structural alternatives developed in Task 6 - Bridges and Structures. The bridge approach roadway conceptual layouts will define the approximate requirements for horizontal and vertical alignments, lane, sidewalk and bicycle path widths, and channelization. Specific constraints related to right of way, the environment and constructability will be identified and alignments adjusted to avoid or minimize the affects of those constraints. Encroachments and impacts to private property caused by roadway widening, slope grading, and /or utility relocations will be defined. PreliTninary options for maintaining traffic and utilities during the roadway and bridge construction including detours will be identified. Preliminary construction staging/ sequencing concepts and existing site constraints will be identified. A technical memorandum will be prepared to document right -of -way and alignment constraints and encroachments, detour planning, and construction staging/ sequencing concepts. Deliverables: Roadway horizontal and vertical alignment concept drawings and constraints and cons tnictability technical meynorandum. Task 6: BRIDGE AND STRUCTURES This task involves preliminary structural engineering work to develop a bridge Type, Size, and Location (TS &L) Report for replacement of the existing Barker Road Bridge over the Spokane River. This task includes the development, evaluation, and selection of alternative bridge layouts and structure types for the purpose of selecting the bridge structure concept to be carried forward into final design and construction in subsequent phases of the project. Bridge and Structures Assumptions All calculations, analyses, design, plans, specifications, and other project work will be prepared in English units. This scope of work is premised on a notice -to- proceed date of approximately June 1, 2005 with a 6 month project duration for design activities. Final design, preparation of PS &E documents, and construction engineering services are not included and will be provided at Spokane Valley's option by supplemental agreement. SPKWKER ROAD BRIDGE EX}iBR A -1 SONY FINALDOC 6 OF 9 188201.D1.BR SCOPE OF WORK FOR HAPJCE R ROAD BADGE Ri IENT, CITY OF SPOKANE VALLEY. JUNE 2005 All drawings deliverables will be in AutoCAD LDD2i (or later version) format. The new Barker Road Bridge is anticipated.to be a straight, multi -span girder bridge (prestressed concrete or steel plate girders). The bridge is anticipated to be approximately 500 feet long by 70 feet wide. The bridge is anticipated to be supported by multi- column bents founded on either drilled shafts, driven piling, or spread footings as appropriate based on the assessment of existing subsurface conditions, constructability requirements, and project costs. The existing Barker Road Bridge will be demolished and replaced with a new bridge. Detailed analysis and /or design related to widening, improving, and /or seismically upgrading the existing bridge is not included. Design of the Barker Road Bridge will be performed in accordance with the WSDOT Bridge Design Manual (BDM) and AASHTO f.RFD Bridge Design Specifications, for Highway Bridges, 3rd Edition, 2004. Approximately ten (10) copies of the draft and final TS &L report will be furnished to Spokane Valley for distribution to City staff, WSDOT, and other stakeholders. The items of work to be performed under this task are as follows: 6.1 Data Collection /Review CH2M HILL will assemble and review the data needed to perform the structures work elements including: • Review of available site survey and geotechnical data. • Review contract drawings or as -built plans as available for the existing Barker _ Road Bridge. • Review of existing reports, maps, utilities, plans, and other data pertinent to the Structures. • Review proposed alternative roadway alignments, profiles, and related roadway geometries. • Perform up to two (2) site visits to photograph the site and identify potential conflicts with existing features. 6.2 Design Criteria CH2M HILL will prepare preliminary structural design criteria to be used for the bridge design and related structures in accordance with applicable AASHTO and WSDOT codes and standards. Deliverable: Barker Road Bridge Design: Criteria Memorandum. 6.3 Structural Studies CI-12M HILL will prepare structural studies to evaluate and recommend the bridge type to be carried forward into final design. Identify and discuss concepts for up to three (3) bridge alternatives for the purposes of selecting the preferred bridge type, size, and location. Determine preliminary geometric requirements such as span lengths, structure dimensions, superstructure types, elevations, clearances, pier locations, foundation types, and abutment and wingwall types, lengths, and heights. Develop preliminary construction staging/ sequencing concepts including requirements for temporary works, and identify SPKIBARKER ROAD BRIDGE EXNIB(r A-1 SMV FINALDOC 7 OF 9 1852{I M ER �- SOWE OF WORK FOR EWER ROAD BRIDGE REP, —"ENT, CITY OF SPOKANE VALLEY. JUNE 2Y,15 existing site constraints. Identify advantages and disadvantages of each concept and potential constraints from a structural, constructability, and maintenance perspective. Develop comparative -level costs for the major cost elements of each bridge alternative of sufficient accuracy and detail to enable ranking and comparison of alternatives based on cost. This task includes up to three (3) meetings with Spokane Valley, WSDOT, the project team, and other stakeholders to coordinate the technical elements of the work and facilitate selection of a preferred alternative. 6.4 Discipline Coordination Coordinate development of the bridge TS &L work with applicable disciplines as follows: Geotechnical Coordination. Coordinate with the geotechnical engineer for establishing preliminary design criteria for soil loads and foundations, identification of viable foundation types and design parameters, and preliminary selection of preferred foundations types for the bridge. Hydraulics Coordination. Coordinate with the hydraulics engineer for establishing preliminary design water surface elevations. Environmental Coordination. Coordinate with the environmental task lead to identify key environmental issues and related impacts to bridge design and construction. Roadway /Civil Coordination. Coordinate with the roadway and civil design engineers for establishing design criteria and constraints related to roadway geometry, construction staging, utilities, surveying and base mapping, right -of -way impacts, and the interface with the Barker Road Street Improvements project. 6.5 Bridge TS&L Report Prepare a bridge Type, Size, and Location report to document the results of the structural studies and discipline coordination. Deliverable: Barker Road Bridge TS &1~ Report (draft and final), including the follow ng sections: • Executive Summary • Introduction and Background • Project Description • Design Criteria and Project Parameters • Alternative Description and Evaluation • Construction Staging and Sequencing • Conclusions and Recommendations • Appendices — Drawings (Plan, Elevation, and Typical Sections for each alternative) — Cost Estimates — Project Photos — Geotechnical Report — Environmental Considerations SPKIBA.RKER ROAD BRIDGE EXHIBIT A,I SGV1 FMAL00C 8 of 9 11182 IDUR SCOP'c OF WORK FOR BARKER ROAD BRIDGE — Roadway and Utility Considerations 6.6 Agency Coordination WENT. CITY OF SPOKANE VALLEY, JUNE 2005 Coordinate the preparation and review of the bridge TS &L report with Spokane Valley, WSDOT, and other review agencies as required. Submit the draft TS &L Report to the applicable review agencies for review and comment. Respond and adjudicate agency review comments pertaining to, the draft report and incorporate revisions as applicable into the final report. 6.7 Preferred Alternative Opinion of Cost Based on the preferred bridge alternative identified in the bridge TS &L Report, CH21N4 HILL will develop a detailed order -of- magnitude cost estimate for the bridge to more accurately assess the expected construction costs. Deliverable: Barker Road Bridge Replacement Cost Estimate. 6.8 QA/QC Review Perform Quality Assurance/ Quality Control (QA /QC) reviews for the TS &L design work performed for the Barker Road Bridge Replacement. Review project design criteria, geotechnical recommendations, and preliminary bridge layouts to assure conformity with the project requirements. Perform a structural calculations check, plans check, and constructability check on the TS &L concepts developed. Provide written review comments and coordinate resolution of review comments with the bridge designers. Task 7: Project Management 8.1 Project Management Services Provide overall project management and coordination with Spokane Valley. A total time of six months is assumed to be the duration for this work. Project management services include: • 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. • Routine communication and coordination with Spokane Valley. Deliverables: quality management plan, progress reports and invoices. 4.0 Project Delivery Schedule CH2M HILL will complete the work outlined in this Scope of Work within 6 months of receiving a Notice to Proceed from Spokane Valley. SPK13ARKER ROAD BRIDGE E)OI &TT A-1 SOW FINALOOC 9 OF 9 18M.M.BR 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 Section H, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the booksof the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rateshown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the 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) will submit to the AGENCY within six'(6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140.099 EF Eft-bit D-2 Revised GW Failure toLly this information by either the prime CI; _ !ULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to,-the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub - consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205A6 "Travel Costs." The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEM ANT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the 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 the final payment, subject to the provisions of Section 1X entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance ,vith Section X1V, "Extra Work." 6. Maximum -Total Amount Payable: The Maximum Tott ount 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 XTV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required tinder Section Ill, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist 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 verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a - release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days 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 pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this, contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "E -1 / Barker Road Bridge TS &L" contains confidential cost and rate data is are 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 following portions of the work of this AGR.H EM1 I T: Ren,thin and Associate S,wa!e}ing1Servicee J Udj.n&er_and Associates _ yfaterials T .s ing CII12LSl1hStil:facc, Inc_ - Geoterhnieal Inxiestigations Northstar-Z—Traffic Control DOT Form 140-089 EF Exhibit G Revised 6105 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the 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 time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: 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. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations trade by the CONSULTANT for work to be performed tinder 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 CONSULTAN'T'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. 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 appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non - discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEME \'T, in whole or in part DOT Form 144089 EF Exhibit H Revised 6105 6. Incorporation of Provision._ _ plc CONSULTANT shall include the prov:-,__ ' js of paragraphs (l) through (5) in every sub- contract, 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 AGENCY, STATE or FFIWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, 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 request the United States enter into such litigation to protect the interests of the United States. Exhibit I r 1 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 Jump 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 authorized extra work completed. Cost Plus 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 fixed fee 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 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 Revised 6/65 Exhibit M -1(a) Certification Of Consultant Project No. 04 -006 Local Agency 1221 I hereby certify that 1 am X O dt"i e S s Corre11 and duly authorized representative of the firm of C112M HILL, INC. whose address is 9 South Washington, Suite 400, Spokane, WA 99201 -3709 and that neither I nor the above firm I here represent has: (a) Employed or retained for a conunission, 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 fun, 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 in 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 fiords, and is subject to applicable State and federal laws, both crimina 05 Date Date DOT Form 140.039 EF E)dubit M-1(a) Revised 6405 Exhibit M -1(b) Certification Of Agency Official I hereby certify that 1 am the AGENCY Official of the Focal Agency of City of Spokane Valley, WA 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 carrying 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 criminal and civil. 7 //-S Date DOT Form 140.089 EF Exhibit h4 -1(b) Revised 6105 Si nature Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility . Matters- Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract tinder 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 govenunental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(13). 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) terminated for cause or default. I1. 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, INIC. o - a (Date) DOT Form 140 -089 EF Exhibit M -2 Revises! 6405 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to 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 cooperative 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 it member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LL-L, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification 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 S100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firnn) (Date) rum utt .t . rtJr DOT FoQm 146-089 EF Exhibit M -3 Rovbed 6105 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR.) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Eng. Svcs for Barker Road Bridge Replacment are accurate, complete, and current as of June 16, 2005 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Fi N Tate of Execution * ** (i -- ;z 0 _ 0—S * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RPP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Extubit M1-4 Revised 8J05