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HomeMy WebLinkAboutCH2M Hill - WSDOT Supplemental Agreement No. 1 CP5-ST-3A-12-57 Oregon Ave Local Agency Consultant/Address/Telephone CH2M HILL, INC. Standard Consultant 295 Bradley Boulevard, Suite 300 Agreement Richland,WA 99532 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Federal Aid Number OREGON AVENUE (SR397)CORRIDOR TRAFFIC STUDY AND DESIGN Agreement Type(Choose one) Corridor study and final design services for ® Lump Sum widening Oregon Avenue(SR397) from four to five Lump Sum Amount $ 349,534.00 lanes, from James Street to Ainsworth Street, ❑ Cost Plus Fixed Fee including entryway feature at Oregon Ave& Overhead Progress Payment Rate % Ainsworth Ctreet Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes N No % Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 59-0918189 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ® No December 31, 2014 ❑ Specific Rates Of Pay Total Amount Authorized $ 350,000.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ El Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 350,000.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances ❑ Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ® Exhibit D-1 Payment-Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D-2 Payment-Cost Plus ® Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment-Provisional ® Exhibit M-la Consultant Certification N Exhibit E-1 Fee-Lump/Fixed/Unit ® Exhibit M-lb Agency Official Certification ❑ Exhibit E-2 Fee-Specific Rates ® Exhibit M-2 Certification-Primary ® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification ® Exhibit G Subcontracted Work ❑ Exhibit M-4 Pricing Data Certification ® Exhibit G-1 Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of November , 2012 between the Local Agency of CITY OF PASCO Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: 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 THEREFORE,in consideration of the terms,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 the performance of this contract. The CONSULTANT,and each SUBCONSULTANT, 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 AGREEMENT.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 AGREEMENT 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 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 External 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 act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,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"H" 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 made 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 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 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 provided 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 Engineer's 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 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. 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 at law 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 times 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($2,000,000)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($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"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 CONSULTANT 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)"are 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$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 hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1)of this AGREEMENT. By By Consultant CH2M HILL, INC. Agency City of Pasco, Washington DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 CITY OF PASCO, WASHINGTON OREGON AVENUE (SR-397) CORRIDOR TRAFFIC STUDY & DESIGN EXHIBIT A-1 : SCOPE OF WORK INTRODUCTION Oregon Avenue is a principal arterial within the city of Pasco that extends from the US 395/1-182/US 12 interchange south approximately 2.2 miles to East Ainsworth Street. The Oregon Avenue Corridor, including Ainsworth Street and 10th Avenue serves as a critical north- south link, connecting the City with one of three regional Columbia River crossings and the City of Kennewick. Land use within the Oregon Avenue Corridor consists of light industrial and commercial development along the northern 2/3 of the corridor, and largely vacant properties on the southern 1/3. The Port of Pasco's binding site plan to develop the 110-acre Osprey Pointe business park proposes to construct 760,000 square feet of office space with some light manufacturing over time. The City of Pasco intends to widen Oregon Avenue to include a two-way left turn lane, and provide for a gateway treatment near the Port of Pasco property at the Oregon Avenue and Ainsworth Street intersection. The City has received federal Surface Transportation Program (STP) funding and intends to conduct a corridor traffic study, followed by final design of the study's recommended improvements. On October 8, 2012, CH2MHILL (CONSULTANT) was selected to provide professional services for the Oregon Avenue (SR 397) Corridor Traffic Study & Design project. CONSULTANT will provide to the City of Pasco (CITY) the professional scope of services as specified herein. The Oregon Avenue (SR 397) Corridor Traffic Study & Design scope of work includes the following primary tasks: Task 1: Project Management and Coordination Task 2: Corridor Traffic Study and Preliminary Design Task 3: Final Roadway Design Task 4: Oregon Avenue & Ainsworth Street Intersection Entryway Task 5: Environmental Documentation and Permitting Task 6: Right-of-Way Plans Task 7: Geotechnical Investigations Exhibit A-1: Scope of Work Revised: 111212012 Page 1 of 27 40 CH2MHILL This scope of work and fee estimate (Exhibit E-1) are based on an 18-month delivery schedule, beginning December, 2012. CONSULTANT's ability to meet this schedule is contingent upon timely receipt of information and comments from the CITY (and others, if applicable) and provided the scope of work progresses as outlined. The CONSULTANT will provide the following services: TASK 1. PROJECT MANAGEMENT AND COORDINATION The CONSULTANT will provide project management and administration services for the various work elements described in this document. 1.1.Contract Management The CONSULTANT will provide services to manage the contract, manage project scope, schedule and budget, enter into professional agreements with subconsultants, prepare and process monthly invoicing, progress reporting, and other internal management duties. The CONSULTANT will provide the CITY with a Monthly Progress Report, in writing, reporting on the CONSULTANT'S progress and any known issues or anticipated changes in performing the Work. Task 1.1 Assumptions: + 18-month project duration Task 1.1 Deliverables: + Monthly Progress Reports (1 hard copy and .pdf electronic format) 1.2.Project Coordination 1.2.1. Correspondence and Meetings The CONSULTANT will partner with the CITY to accomplish the Oregon Avenue (SR 397) Corridor Traffic Study & Design. Coordination of the project work elements will include: • Voice and written correspondence with CITY, Project Advisory Committee (PAC) members, and other agencies. • Bi-weekly coordination meetings with CITY to be conducted at appropriate intervals throughout the project. • Regular coordination meetings with internal CONSULTANT team, including subconsultants to be conducted at appropriate intervals throughout the project. Exhibit A-1: Scope of Work Revised: 111212012 Page 2 of 27 00 CH2MHILL 4W 1.2.2. Project Chartering Workshop The CONSULTANT will conduct a Chartering Workshop with the CITY and key stakeholders. The purpose of the workshop will be to: • Review and refine project Purpose and Need, and Goals and Objectives as initially defined by the CITY and CONSULTANT • Coordinate project communications and team member roles and responsibilities • Coordinate project scope and schedule • Identify project risks and potential mitigative measures 1.2.3. Project Work Plan The CONSULTANT will develop a Project Work Plan to be utilized by project team members throughout the project. The Project Work Plan will be provided to the CITY for review and comment. The Project Work Plan will include: • Purpose and Need • Goals and Objectives • Communications Plan • Quality Control Plan • Change Management Plan • Risk Management Plan 1.2.4. Project Schedule The CONSULTANT will prepare and maintain a critical path design schedule to identify and track progress throughout the project. Updates to the schedule will occur as changes influence key milestones. Key milestones include stakeholder coordination/public involvement events, key deliverables, and decision making points. Task 1.2 Assumptions: • Project Advisory Committee (PAC) members will be identified by CITY. • Bi-Weekly Coordination Meetings with CITY via phone or in CONSULTANT offices. • Chartering Workshop will be a 2-hour meeting at City of Pasco. The CITY is responsible for meeting logistics and invites to stakeholders. • CITY staff will conduct necessary meetings with Council and CONSULTANT will not attend. Task 1.2 Deliverables: • Meeting Agendas, and Meeting Notes (.pdf electronic format) • Project Work Plan Document (1 hard copy and .pdf electronic format) • Project Schedule and Updates (.pdf electronic format) Exhibit A-1: Scope of Work Revised: 111212012 Page 3 of 27 40 CH2MHILL TASK 2. CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN 2.1.Existing Conditions Review 2.1.1. Transportation Baseline Analyses The CONSULTANT will provide transportation and traffic planning services as described herein for the purpose of determining the baseline conditions for the Oregon Avenue Corridor. 2.1.1.1. Collect and Review Existing Data The CONSULTANT will obtain and review traffic and transportation planning data to include the current revisions of the following documents: • BFCOG baseline traffic model • Pasco Corridors and Gateways Plan • Pasco Bicycle and Pedestrian Master Plan • Osprey Pointe Traffic Impact Studies • Osprey Pointe Master Plan • Pasco Truck Routes • 2012 and/or past two years Traffic Counts (daily and peak hours) • WSDOT Collision Records for past 5 years • Signalized Intersection Timings, Phasing, and "As Built" Plans • BN&SF Rail Crossing Schedule and Gate Operation/Signal Timing • Ben Franklin Transit Development Plan • City of Pasco Design Standards and Standard Plans • WSDOT Design Manual, LAG Manual, and Standard Plans • Record Drawings for Oregon Avenue (SR397) A site reconnaissance will be conducted to verify the CITY provided base mapping, and photograph and inventory existing features, deficiencies, and possible constraints. If additional traffic counts are needed, the CITY will provide counts to CONSULTANT. From the data collection effort, a brief transportation methods and assumptions memo will be prepared and reviewed by the CITY that describes the technical methods to be used to produce the baseline traffic analyses, including input values, and background assumptions included in the travel demand and Synchro traffic analysis models. Exhibit A-1: Scope of Work Revised: 111212012 Page 4 of 27 40 CH2MHILL 2.1.1.2. Baseline Traffic Model and LOS Analysis The CONSULTANT will obtain the most recent travel demand model files from BFCOG. The CONSULTANT will coordinate with the CITY to understand the basis for the model and determine if additional counts are needed for calibration. Any additional counts will be provided by the CITY for the model update process. Based on this information, the CONSULTANT will develop appropriate growth rates for the Oregon Avenue corridor to ascertain one future forecasted traffic demand condition (year 2030). This forecast will account for any adjustments to the capacity of the Oregon Avenue Corridor. It is assumed that any transit and non-motorized improvements in the corridor will not adjust the travel demand forecasts. The most current BFCOG travel demand model will be used to forecast traffic volumes along the Oregon Avenue for the future 2030 land use conditions during the afternoon PM peak-hour periods. It is assumed the BFCOG model's existing and year 2030 conditions are accepted by the approving agencies and data/results are valid. The CONSULTANT will not need to review or validate the 2030 socio- economic and background transportation system data for the purpose of the Oregon Avenue project development. The CONSULTANT will prepare forecasts and trip assignments for the corridor roadway segments between James Street and Ainsworth Street, and each of the Oregon Avenue intersections within the corridor. Trip assignments will be performed manually at key driveways along the study corridor to reflect changes in trip patterns for each developed alternative concept. No travel demand model runs will be performed for the design alternative concepts. Applicable roadway and intersection Level of Service (LOS) results will be based on the CITY's approved mobility standards and the latest methodology described in the Highway Capacity Manual 2010. 2.1.1.3. Transit and Non-Motorized Analysis The CONSULTANT will ascertain current and planned transit operations for the Oregon Avenue Corridor within the project limits. The CONSULTANT will coordinate fixed route transit operations with Ben Franklin Transit (BFT) and the CITY to understand related infrastructure needs within the planning horizon. The CONSULTANT will coordinate with the CITY to ascertain current and planned non-motorized facilities for the corridor to understand related infrastructure needs within the planning horizon. Exhibit A-1: Scope of Work Revised: 111212012 Page 5 of 27 00 CH2MHILL 4W 2.1.1.4. Corridor Safety Review The CONSULTANT will review WSDOT crash records for the Oregon Avenue corridor to ascertain statistically significant safety hazards or issues and qualitatively identify where safety improvements are warranted. The CONSULTANT will prepare a crash analysis and apply methods in the AASHTO Highway Safety Manual (HSM) and will document the safety performance with crash rates, severity, and crash type information/patterns. 2.1.1.5. Transportation Analysis Memorandum The CONSULTANT will compile transportation analysis results into a single technical memorandum. A draft Transportation Analysis Memorandum will be provided to the CITY for Review. CITY's written comments will be incorporated into the Final Preliminary Design Report. 2.1.2. Environmental Scoping The CONSULTANT will research the project setting to develop an initial understanding of potentially impacted resources. The CONSULTANT will provide early agency coordination with WSDOT Highways & Local Programs to review the project scope and identify key resources of concern. Once key resource issues are identified, the CONSULTANT will provide early coordination with agencies with jurisdiction over the key resources to review NEPA documentation requirements and coordinate upcoming reviews and project schedule needs. The CONSULTANT will prepare a memorandum summarizing the key resources and approvals to be addressed for the project. Task 2.1 Assumptions: • CITY to furnish City planning documents, traffic model, record drawings, traffic counts, signal timing and phasing and interconnect signal plan. • CITY will accomplish additional traffic counts required to calibrate the baseline traffic model. • CONSULTANT will obtain WSDOT collision data. • CONSULTANT to coordinate with CITY to obtain GIS basemap with rights-of-way and recent Georeferenced aerial photo for use as project base mapping. • BFCOG model data will be provided for use on this project at no cost to CONSULTANT. • No visual simulations are required. • WSDOT, AASHTO and City of Pasco standards will be utilized. • CONSULTANT will conduct an environmental coordination meeting in Spokane with CITY and WSDOT. Exhibit A-1: Scope of Work Revised: 111212012 Page 6 of 27 00 CH2MHILL 4W Task 2.1 Deliverables: • Transportation Methods and Assumptions Memorandum (.pdf electronic format) • DRAFT Transportation Analysis Memorandum (3 hard copies and .pdf electronic format) • Meeting Agendas and Meeting Summary Notes • Environmental Scoping Memorandum 2.2.Alternatives Analysis and Review The CONSULTANT will prepare planning concept-level engineering to include roadway widening, safety and access management improvements, intersection controls, and potential right-of-way needs. 2.2.1. Initial Alternatives Brainstorming & Evaluation The CONSULTANT will work with the CITY to develop planning level conceptual roadway section alternatives for Oregon Avenue. The CONSULTANT will review roadway sections against existing right-of-way and other constraints. The CONSULTANT and CITY will evaluate roadway section alternatives to determine preferred Oregon Avenue roadway sections for Phases I and 11. Evaluation considerations will include roadway cross sections, lane balance and sidewalk widths, landscape opportunities, median islands, and driveway consolidation opportunities. 2.2.2. Alternative Concept Development The CONSULTANT will utilize transportation baseline analyses results and preferred roadway sections to develop an overall conceptual layout for the Oregon Avenue corridor to include conceptual roadway cross-sections, horizontal alignment, curb and gutter, sidewalk, channelization, and potential right-of-way needs. Specific constraints related to right-of-way, the environment, and constructability will be qualitatively identified and alignments adjusted to optimize potential benefits and impacts. Up to two (2) alternative concepts will be developed for evaluation for the following key Oregon Avenue corridor elements: • James Street Intersection Safety/Access Management Improvements • Oregon Avenue/Ainsworth Street Intersection Control 2.2.3. Comparative-Level Cost Estimating The CONSULTANT will develop planning comparative-level cost estimates for each alternative concept as defined in Section 2.2.2. Estimates will be prepared with appropriate estimate contingencies. The planning comparative-level estimates will be incorporated into the final design, right- of-way, construction, and administrative elements in subsequent tasks. Exhibit A-1: Scope of Work Revised: 111212012 Page 7 of 27 40 CH2MHILL 2.2.4. Alternative Concept Evaluation The CONSULTANT will work with the CITY and PAC to evaluate alternative concepts as developed in Section 2.2.2. Evaluation criteria will be developed to support a qualitative evaluation process and include safety, freight mobility, traffic operations, environmental, non-motorized, and aesthetics. Task 2.2 Assumptions: • Approved refinements to the preferred alternative will be incorporated in to the preliminary design, per Task 2.4.1. • Entryway feature landscape elements will be evaluated in Task 4.1. Task 2.2 Deliverables: • Alternative concept plans • Comparative-level cost estimates for alternative concepts 2.3.Stakeholder Coordination and Public Outreach The CONSULTANT will partner with the CITY to utilize communication tools and forums for interaction with project stakeholders and the public. 2.3.1. Public Meeting #1 The following public outreach meeting is anticipated for Task 2 — Corridor Traffic Study: Public Outreach Event Anticipated Timing Purpose #1 Following evaluation of 0 Communicate Purpose & Need, Goals alternative concepts (Task . Communicate Baseline Conditions 2.2.4). Findings and Initial Alternative Concepts • Solicit Public Input 2.3.2. Stakeholder Coordination Meetings The CONSULTANT will engage with public officials and project advisory committee (PAC) as identified in Task 1.2.1 by teaming with the CITY to conduct and facilitate stakeholder coordination meetings. Meetings with individual stakeholders and property owners may be required during Task 2 — Corridor Traffic Study. Exhibit A-1: Scope of Work Revised: 111212012 Page 8 of 27 40 CH2MHILL Task 2.3 Assumptions: • CITY will arrange for the meeting space, scheduling, and meeting logistics for attendees. • The CONSULTANT will furnish exhibits, sign-in sheets, and comment forms. • The CONSULTANT will set-up prior to and break-down after each meeting. • Up to four (2) individual stakeholder coordination meetings will be required. Task 2.3 Deliverables: • Meeting Agendas, Meeting Notes, and Attendance Records (.pdf electronic format) • Displays, Sign-In Sheets, Comment Forms 2.4.Recommendations and Documentation The CONSULTANT will document the Task 2 project development process and develop preliminary design for the preferred alternative. The preliminary design will include development of design and plans for the corridor, to include Phase I and Phase Il. 2.4.1. 30% Design of Preferred Alternative The CONSULTANT will develop 30% design plans for the preferred Oregon Avenue alternative to be used as a basis for final design, right-of-way plans development, and NEPA documentation. Anticipated plan sheets include: No. No. Sheets Sheets Phase I Phase II Description 2 2 General Plans 4 2 TESC Plans(1"=50') 2 1 Typical Sections 4 2 Site Preparation Plans (1"=50') 4 2 Drainage and Utilities Plan & Profiles 5 2 Roadway Paving Plans 6 2 Intersection Layouts(1"=20') 6 4 Traffic Signal and Illumination Plans 4 2 Signing and Pavement Marking Plans 6 4 Property Restoration Plans 14 0 Landscaping & Irrigation Plans 1"=20' 57 23 TOTAL SHEETS Plan sheets will be 1"=40' horizontal scale, unless otherwise indicated. A preliminary construction cost estimate will be developed to encompass both phases of the project. 2.4.2. Preliminary Design Report The CONSULTANT will develop a Preliminary Design Report that encompasses the key information developed in Task 2 of the Study. The report will include: Exhibit A-1: Scope of Work Revised: 111212012 Page 9 of 27 00 CH2MHILL 4W 1. Purpose and Need 1.1. Purpose and Need 1.2. Project Objectives 2. Baseline Conditions Summary 2.1. Transportation/Traffic 2.2. Environmental 2.3. Design Resources and Parameters 3. Alternatives Analysis Summary 3.1. Alternative Concepts Evaluation 3.2. Preferred Alternative (Phase I and 11) 3.2.1. Preliminary Design Plans 3.2.2. Cost Estimate 3.2.3. Right-of-Way and Temporary Access Needs 3.2.4. Utilities and Stormwater 3.2.5. Construction Phasing Considerations Task 2.4 Assumptions: • A DRAFT Report will be provided for review. Refinements to the DRAFT Report will be accomplished and included in a FINAL Report. • Construction traffic control plans are not required and may be handled via contract specifications. Task 2.4 Deliverables: + DRAFT and FINAL Preliminary Design Report (3 hard copies and .pdf electronic format) TASK 3. FINAL ROADWAY DESIGN 3.1.Final Roadway Design Plans The CONSULTANT will develop final design to include two (2) construction contracts for the Oregon Avenue project to encompass: Phase I — Oregon Avenue from James Street to `A' Street Phase II — Oregon Avenue from `A' Street to Ainsworth Street Final roadway design will include the following elements. Exhibit A-1: Scope of Work Revised: 111212012 Page 10 of 27 00 CH2MHILL 4W 3.1.1. Temporary Erosion & Sedimentation Control (TESC) Plans TESC plans will be developed to mitigate potential impacts during construction in accordance with the Department of Ecology Stormwater Management Manual for Eastern Washington (SWMMEW). 3.1.2. Typical Sections Typical roadway sections will be developed to encompass pavement section, roadway lane, curb, sidewalk, landscape strip, and median conditions. 3.1.3. Site Preparation Plans Site preparation plans and design will depict non-bridge related demolition and miscellaneous site preparation details. 3.1.4. Drainage and Utility Plans Drainage and utility plan sheets depicting proposed storm drain system and any utility relocations required. Separate detail sheets will show non-standard drainage construction details as well as drainage profiles. Drainage design will be performed in accordance with the SWMMEW. It is anticipated that hydrant relocations will be required. The CONSULTANT will coordinate with CITY water purveyor to confirm existing facilities are represented. 3.1.5. Roadway Paving Plans Paving plans will be prepared. These plans will include alignment information and plan views of paving limits; limits of curb, gutter, and sidewalk; locations of driveways; cut/fill limits; and retaining wall limits. Plan sheets will show construction notes. Encroachments and impacts to property beyond the existing right-of-way caused by roadway widening, slope grading, and/or utility relocations will be defined. Detail sheets will be prepared identifying miscellaneous details not covered by standard plans, including temporary traffic control plans and details, roadway-specific demolition plans and details, and a vicinity plan showing proposed construction detour routes and signing. 3.1.6. Intersection Layouts Intersection detail plans will be developed to illustrate details for constructing elements such as curb return radii, curb ramps, turn pockets, and monumentation. 3.1.7. Traffic Signal and Illumination Plans Assumptions: • Traffic signal revisions are anticipated at the Oregon Avenue intersections with Lewis Street and `A' Street. Revisions include upgrading signal controllers and equipment to current standards. Exhibit A-1: Scope of Work Revised: 111212012 Page 11 of 27 00 CH2MHILL 4W • New traffic signals are anticipated to be warranted at the Oregon Avenue intersections with Salt Lake Street or Spokane Street, Broadway Avenue, and Ainsworth Street. • Conduit and pull boxes for signal interconnection with between James Street and `A' Street will be included in the project design. • No other traffic signal work is included as part of this work. The CONSULTANT will coordinate with WSDOT and CITY on traffic signal modifications and new signals. The CITY will provide CONSULTANT with as-built drawings of the existing traffic signal system. CONSULTANT will prepare signal plans and details in accordance with WSDOT guidelines, showing proposed locations for new or relocated signals, luminaires, electrical hardware, and wiring diagrams. CONSULTANT will analyze roadway lighting level requirements for the Oregon Avenue corridor, and luminaires will be designed to meet the identified requirements. Recommendations will be based on WSDOT-provided lighting level requirements and specifications and details for luminaire heads (style and wattage), standards, and poles (including mounting height, arm length). CONSULTANT will prepare illumination plans and details in accordance with WSDOT guidelines, showing proposed locations for new luminaires, pole and wiring schedules, wiring diagrams, and details. 3.1.8. Signing and Pavement Marking Plans Signing and marking plans will be prepared. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, and stop bars. These plans also will show the locations and sizes of required signing indicating the type and location of individual signs. Signing and striping will be designed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and WSDOT. 3.1.9. Property Restoration Plans CONSULTANT will prepare property restoration plans to restore properties impacted by the project. Unless specific mitigation is determined and accepted, these plans will focus on restoring disturbed elements to pre-project conditions, to include fine grading, surface patching, and landscaping immediately adjacent to the project limits. 3.1.10. Landscaping & Irrigation Plans CONSULTANT will prepare landscaping and irrigation plans for Phase I roadway design. Landscape Plans will identify plant species, size and quantity to be installed. Drawing notes, special provisions and details will provide information for installation. Irrigation plans will provide schematic layout of irrigation heads, lateral and mainline piping as well as valves, sleeves, drains, quick couplers and joint restraints. Irrigation control and system types will be comparatively evaluated to determine best possible solution, including evaluation of 2 wire system vs. traditional automatic underground Exhibit A-1: Scope of Work Revised: 111212012 Page 12 of 27 40 CH2MHILL irrigation system. Control will be coordinated with CITY equipment and design standards to determine best means for operation to minimize maintenance. Task 3.1 Assumptions: • Phase I and Phase II submittal milestones may not be coincident. It is anticipated that Phase I will be bid for 2014 construction, and Phase II will be bid for 2015 construction. • Construction traffic control plans are not required and may be handled via contract specifications. • CITY to provide design and plans for backage roadways required due to access management recommendations on Oregon Avenue. CONSULTANT will incorporate CITY-provided plans in to bid sets. • Landscape design and plans for Phase II are accomplished in Task 4. Task 3.1 Deliverables: • The CONSULTANT will submit plans at the 60%, 95% and 100% design milestones for review. • Anticipated plan sheets include: No. No. Sheets Sheets Phase I Phase II Description 2 2 General Plans 6 4 TESC Plans and Details 1"=50' 2 1 Typical Sections and Details 6 4 Site Preparation Plans and Details 1"=50' 4 2 Drainage and Utilities Plan &Profiles 2 2 Drainage and Utilities Details 5 2 Roadway Paving Plans 2 2 Roadway Details 6 2 Intersection Layouts 1"=20' 8 6 Traffic Signal and Illumination Plans and Details 6 4 Signing and Pavement Marking Plans and Details 8 6 Property Restoration Plans and Details 15 0 Landscaping & Irrigation Plans and Details 1"=20' 72 37 TOTAL SHEETS Plan sheets will be V=40' horizontal scale, unless otherwise indicated. 3.2. Specifications CH2M HILL will prepare specifications using the 2012 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal 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 contractor's contracted responsibilities. Exhibit A-1: Scope of Work Revised: 111212012 Page 13 of 27 40 CH2MHILL Task 3.2 Assumptions: • It is anticipated that Phase I will be bid for 2014 construction, and Phase II will be bid for 2015 construction. Project contract documents will be developed with 2012 WSDOT Standard Specifications, and updates to accommodate subsequent releases of the WSDOT Standard Specifications are not included in this work. • CITY to provide design and specifications for backage roadway elements required due to access management recommendations on Oregon Avenue. CONSULTANT will incorporate CITY-provided plans in to bid sets. Task 3.2 Deliverables: + The CONSULTANT will submit technical provisions at the 60% submittal, and will submit project provisions at the 95% and 100% design milestones. 3.3. Summary of Quantities and Opinion of Cost Develop detailed quantities for the roadway elements and incorporate into the project bid documents. Develop a cost opinion for the roadway elements of the project at the 60%, 95%, and 100% levels of completion. Task 3.3 Assumptions: • It is anticipated that Phase I will be bid for 2014 construction, and Phase II will be bid for 2015 construction. • CITY to provide design and cost estimates for backage roadway elements required due to access management recommendations on Oregon Avenue. CONSULTANT will incorporate CITY-provided plans in to bid sets. Task 3.3 Deliverables: + The CONSULTANT will submit cost estimates at the 60%, 95% and 100% design milestones to include agreed-upon contingency factors. 3.4. QA/QC Reviews The CONSULTANT will perform Quality Assurance/Quality Control (QA/QC) reviews for the project milestone submittals at 60%, 95% and 100%. A plans check, and review specifications, quantities, bid schedule, and cost estimates will be performed. Review comments and acceptable resolution will be documented in the project file. 3.5.Stakeholder Coordination and Public Outreach The CONSULTANT will partner with the CITY to utilize communication tools and forums for interaction with project stakeholders and the public. Exhibit A-1: Scope of Work Revised: 111212012 Page 14 of 27 40 CH2MHILL 3.5.1. Public Meetings #2, #3 The following public outreach meetings are anticipated for Task 3— Roadway Design: Public Outreach Event Anticipated Timing Purpose #2 Following completion of 60% 0 Communicate design progress, key Design Milestone access management and safety improvement elements. • Coordinate property restoration elements with parcel owners. • Solicit Public Input #3 Following completion of 95% 0 Coordinate property restoration Design Milestone elements with parcel owners. • Coordinate upcoming construction traffic control elements, anticipated timing, etc. • Solicit Public Input Beyond public outreach events, the CONSULTANT will coordinate with the CITY and furnish project documents, and comment forms for publishing on the CITY'S website. 3.5.2. Stakeholder Coordination Meetings The CONSULTANT will engage with public officials and project advisory committee (PAC) as identified in Task 1.2.1 by teaming with the CITY to conduct and facilitate stakeholder coordination meetings. Meetings with individual stakeholders and property owners may be required during Task 3 — Roadway Design. Task 3.5Assumptions: • CITY will arrange for the meeting space, scheduling, and meeting logistics for attendees. • The CONSULTANT will furnish exhibits, sign-in sheets, and comment forms. • The CONSULTANT will set-up prior to and break-down after each meeting. • Up to four (4) individual stakeholder coordination meetings will be required. Task 3.5 Deliverables: • Meeting Agendas, Meeting Notes, and Attendance Records (.pdf electronic format) • Displays, Sign-In Sheets, Comment Forms TASK 4. OREGON AVE & AINSWORTH ST INTERSECTION ENTRYWAY The CONSULTANT's authorized Landscape Subconsultant will engage with CITY, Port of Pasco, WSDOT and other stakeholders to develop a landscaped entryway feature to overlay Exhibit A-1: Scope of Work Revised: 111212012 Page 15 of 27 40 CH2MHILL the recommended intersection layout as determined in Task 2.2.4 and a coordinated landscape approach for the Phase II Oregon Avenue Corridor. 4.1.Entryway Planning, Concept Development and Evaluation The CONSULTANT will obtain and review traffic and transportation planning data to include the current revisions of the following documents: • Pasco Corridors and Gateways Plan • Osprey Pointe Master Plan • City of Pasco Design Standards and Standard Plans • WSDOT Design Manual, LAG Manual, and Standard Plans The CONSULTANT will work with the CITY, Port of Pasco, WSDOT and other stakeholders to develop conceptual entryway vision and criteria to identify alternatives for the Oregon Avenue and Ainsworth intersection layouts as developed in Task 2.2.2. The CONSULTANT will develop up to two (2) alternative entryway landscape concepts for evaluation. Landscape concept plans will consist of plan view and character sketches from similar perspectives. The CONSULTANT will develop comparative-level cost estimates for each entryway landscape alternative concept. Estimates will be prepared with appropriate estimate contingencies. The CONSULTANT will work with the CITY, Port of Pasco, WSDOT and PAC to evaluate alternative entryway concepts and identify a preferred landscape alternative for the Phase II Oregon Avenue Corridor and entryway feature. Task 4.1 Assumptions: + Approved refinements to the preferred alternative will be incorporated in to the preliminary design, per Task 2.4.1. Task 4.1 Deliverables: • Alternative concept plans • Comparative-level cost estimates for alternative concepts 4.2.Recommendations and Documentation The CONSULTANT will incorporate the Task 4 project development process into the Preliminary Design Report as developed in Task 2.4.2 and develop preliminary design for the preferred entryway alternative. The preliminary design will include development of design and landscape for the Phase II corridor from `A' Street to the entryway at Ainsworth St. and Oregon Ave. Exhibit A-1: Scope of Work Revised: 111212012 Page 16 of 27 00 CH2MHILL 4W The CONSULTANT will develop 30% design plans for the preferred entryway alternative and Phase II Oregon Ave corridor to be used as a basis for final design, right-of-way plans development, and NEPA documentation. Anticipated plan sheets include: No. No. Sheets Sheets Phase I Phase II Description 0 5 Landscaping & Irrigation Plans—Phase II Corridor& Entryway 0 5 TOTAL SHEETS Plan sheets will be 1"=20' horizontal scale, unless otherwise indicated. A preliminary construction cost estimate will be developed to encompass both phases of the project. Task 4.2 Deliverables: • Preliminary plans and cost estimate will be incorporated in to the DRAFT and FINAL Preliminary Design Report per Task 2.4.2. • Phase I landscape design is accomplished in Tasks 2 and 3. 4.3.Entryway Design 4.3.1. Final Design Plans The CONSULTANT will develop final design plans for the Phase II Oregon Avenue corridor and entryway feature. Final roadway design will include the following elements. 4.3.2. Landscaping & Irrigation Plans CONSULTANT will prepare landscaping and irrigation plans for entryway design. Landscape Plans will identify plant species, size and quantity to be installed. Drawing notes, special provisions and details will provide information for installation. Irrigation plans will provide schematic layout of irrigation heads, lateral and mainline piping as well as valves, sleeves, drains, quick couplers and joint restraints. Control will be coordinated with CITY equipment and design standards to determine best means for operation for ease of maintenance. Signage and architectural features will be designed and detailed with information for construction for inclusion into the construction documents. Special colored concrete or colored concrete pavers for intersection treatments will be designed, detailed and coordinated with roadway construction plans. 4.3.3. Specifications CONSULTANT will prepare specifications using the 2012 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and WSDOT Special Provisions. Standard plans will be identified and assembled for inclusion in the Exhibit A-1: Scope of Work Revised: 111212012 Page 17 of 27 00 CH2MHILL 4W contract documents. Modifications to the standards will be made with amendments and special provisions. 4.3.4. Summary of Quantities and Opinion of Cost Develop detailed quantities for the roadway elements and incorporate into the project bid documents. Develop a detailed cost opinion for the roadway elements of the project at the 60%, 95%, and 100% levels of completion. Task 4.3 Assumptions: + It is anticipated that Phase II will be bid for 2015 construction. Project contract documents will be developed with 2012 WSDOT Standard Specifications, and updates to accommodate subsequent releases of the WSDOT Standard Specifications are not included in this work. Task 4.3 Deliverables: • The CONSULTANT will submit plans at the 60%, 95% and 100% design milestones for review. • Anticipated plan sheets include: No. No. Sheets Sheets Phase I Phase II Description 0 7 Landscaping & Irrigation Plans—Phase II Corridor& Entryway 0 7 TOTAL SHEETS Plan sheets will be 1"=40' horizontal scale, unless otherwise indicated. • The CONSULTANT will submit technical provisions at the 60% submittal, and will submit complete project provisions at the 95% and 100% design milestones. • The CONSULTANT will submit cost estimates at the 60%, 95% and 100% design milestones to include agreed-upon contingency factors. 4.4.Stakeholder Coordination and Public Outreach The CONSULTANT will partner with the CITY to utilize communication tools and forums for interaction with project stakeholders and the public. 4.4.1. Public Meetings The CONSULTANT will provide exhibits related to the Phase II corridor and entryway landscape for three (3) public meetings identified in Tasks 2.3.1 and 3.5.1. Beyond public outreach events, the CONSULTANT will coordinate with the CITY and furnish project documents, and comment forms for publishing on the CITY'S website. Exhibit A-1: Scope of Work Revised: 111212012 Page 18 of 27 40 CH2MHILL 4.4.2. Stakeholder Coordination Meetings The CONSULTANT will engage with public officials and project advisory committee (PAC) as identified in Task 1.2.1 by teaming with the CITY to conduct and facilitate stakeholder coordination meetings. Meetings with individual stakeholders and property owners may be required during Task 4 — Oregon Ave and Ainsworth St. Entryway. Task 4.4 Assumptions: • CITY will arrange for the meeting space, scheduling, and meeting logistics for attendees. • The CONSULTANT will furnish exhibits, sign-in sheets, and comment forms. • The CONSULTANT will set-up prior to and break-down after each meeting. • Up to two (2) individual stakeholder coordination meetings will be required. Task 4.4 Deliverables: + Displays TASK 5. ENVIRONMENTAL DOCUMENTATION AND PERMITTING The CONSULTANT will conduct the environmental evaluation and documentation required under the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA) and will assist the CITY in their efforts to obtain the associated environmental permitting for this project as follows: 5.1. Environmental Classification Summary The CONSULTANT will prepare the Local Agency Environmental Classification Summary (ECS), which will be submitted by the CITY to the Highways and Local Programs Division of the Washington State Department of Transportation (WSDOT), where it will be reviewed and approved before going to Federal Highways Administration (FHWA) for review and final approval. The ECS will include a project description, purpose and need for the project, and address environmental elements per the Local Programs Environmental Classification Summary Guidebook (Washington State Department of Transportation, Highways and Local Programs Division, January 3, 2012). Reference/supporting reports (prepared by CONSULTANT as noted in the following subsections) will be attached to the ECS to document compliance with environmental issues. 5.1.1. Section 106/Cultural Resources Assessment The CONSULTANT will perform the following cultural resources activities in compliance with Section 106 of the National Historic Preservation Act of 1966 (as amended): • Area of Potential Effect: CONSULTANT will identify the Area of Potential Effect (APE) and prepare a map/figure. Exhibit A-1: Scope of Work Revised: 111212012 Page 19 of 27 00 CH2MHILL 4W • Notification and Initiation of Section 106 Consultation: CONSULTANT will write the notification letter that will be sent to WSDOT from the CITY requesting approval of the APE from Washington State Department of Archeology and Historic Preservation (DAHP) and the tribes, and providing notice for initiation of the consultation process with the tribes. • Records Search: Conduct a records search of DAHP's website (WISSARD) to identify known archeological and historical findings and features. • Field Survey: Conduct archaeological field survey of project area. The survey will include subsurface testing (i.e., up to forty (40) shovel probes will be performed within three days of fieldwork along designated areas of the APE). The field survey will be coordinated with the Confederated Umatilla tribes' archeological staff (should tribal staff want to participate). This work includes Inventory Form preparation for up to two (2) archaeological resources. If additional resources are discovered, they will also be recorded on Inventory Forms, and resource findings will need to be submitted to the DAHP, and evaluated for National Register of Historic Places eligibility. Such new discovery and related work will require a scope of work and budget adjustment by written amendment to the agreement between CONSULTANT and the CITY. Evaluation of new sites may take additional fieldwork and reporting. • Historical Evaluation: Verify current status of historic properties contained within the project area. This work includes Inventory Form preparation for up to 4 historic resources. If additional historical buildings or structures are found, they will also be recorded and documented on Inventory Forms, evaluated for National Register of Historic Places eligibility [NRHP-eligible historic properties become Section 4(f) properties]. Such additional effort would require a scope of work and budget adjustment by written amendment to the agreement between CONSULTANT and the CITY. • Cultural Resources Report: Prepare a draft and final Cultural Resources Report. 5.1.2. Environmental Justice Review The CONSULTANT will review the online EPA-JVIEW database to ascertain presence of protected groups within the Oregon Avenue corridor project limits. Using the WSDOT LAG Manual matrix, the CONSULTANT will ascertain level of impacts to protected groups and document anticipated impacts via memorandum. WSDOT will provide CONSULTANT with a memorandum template for documenting zero to minor impacts. No relocations are anticipated or included in this scope. 5.1.3. Hazardous Materials Evaluation and Report The CONSULTANT will prepare a hazardous materials evaluation of the properties adjacent to the bridge right-of-way to determine the potential for encountering hazardous materials sites during construction of the replacement bridge. A record search will be conducted on Ecology's website, historical maps and other available databases to Exhibit A-1: Scope of Work Revised: 111212012 Page 20 of 27 40 CH2MHILL review for past historical uses of these properties. A site survey will also be conducted. The findings of this evaluation will be presented in a hazardous materials technical memorandum based on an example report provided by WSDOT on March 12, 2012. 5.1.4. Prepare and Compile ECS Submittal The CONSULTANT will prepare the ECS form per LAG Manual (Chapter 24) and ECS Guidebook requirements and compile supporting materials in to a complete ECS submittal. 5.2.SEPA Checklist CONSULTANT will prepare a State Environmental Policy Act (SEPA) Checklist for the Oregon Avenue (SR397) Corridor Traffic Study & Design project. A draft SEPA Checklist will be submitted to the CITY for review, revised as needed, and final SEPA Checklist submitted to the CITY. Task 5 Assumptions: • The Local Agency ECS will result in a Documented Categorical Exclusion (DCE) for NEPA and a Determination of Non-significance (DNS) for SEPA. Therefore, there will be no need for a NEPA Environmental Assessment (EA) or for either a NEPA or SEPA Environmental Impact Statement (EIS). • CITY will provide mapping, transportation data and other information that might be required to complete the ECS and supporting discipline reports, SEPA Environmental Checklist and JARPA. • WSDOT will lead consultations with the tribes and other state and federal governmental agencies. If the tribes become involved during the cultural resources field survey or require reimbursement for services, reimbursement of tribal services are not included in this scope of work and will be paid directly by CITY. • The following are not included in this work: • Hot spot analysis for air quality evaluation • Wetland Inventory, Delineation, or Mitigation Plan • Biological Assessment • Noise Analyses • Air Quality Analyses • Endangered or Threatened Species • Migratory Bird Treaty Act or Bald and Golden Eagle Act • Section 4(f) evaluation. This assumes that there are no historic resources eligible for listing on the NRHP, because if there are properties that meet the criteria for listing, those properties would need to go through a Section 4(f) evaluation, and that work is not included in this scope of work. • Visual Impact Analysis Exhibit A-1: Scope of Work Revised: 111212012 Page 21 of 27 40 CH2MHILL • Aquatic Resources Permitting (e.g., shorelines, floodplain or hydraulic approvals). Also, it is assumed that land can be acquired to accommodate all stormwater control associated with the Project. • Phase I or Phase II Environmental Site Assessment. • Permits needed for road construction including clearing and grading, street obstruction and public right-of-way are assumed to be the responsibility of CITY. An NPDES General Permit for Construction is assumed to be the responsibility of the bridge contractor. • Application of Critical Areas Ordinance will be brief. This will include discussions on the aquifer, geological hazardous areas, habitat management, and wetlands. There will not be any need for any special survey, study, analysis, or reports for any of these critical areas. • The only field surveys conducted will be for cultural/historic resources and hazardous materials. The cultural resources survey will be limited to only those lands that are within the Project right-of-way (ROW).The historic resources survey will be limited to only those properties that share ROW boundary with the Project. The hazardous materials survey will be limited to a distance from the road ROW per WSDOT's guidelines. Task 5 Deliverables: • Draft and final APE approval and Section 106 initiation consultation letter • Minutes of meetings (as necessary) • Draft and final Cultural Resources Report; final will be attached to the ECS • Draft and final environmental justice memo per WSDOT's template • Draft and final technical memorandum summarizing hazardous materials evaluation; final will be attached to ECS • Draft and final NEPA ECS submittal documentation • Draft and final SEPA Checklist TASK 6. RIGHT-OF-WAY PLANS 6.1.Right-of-Way Field Surveys The CONSULTANT will identify the need for additional field survey to locate controlling section corners, plat monuments, street right-of-way monuments, and property corners to facilitate additional calculations for section and sub-section lines, parcel lines, street centerlines and right-of-way lines critical to the project. The CONSULTANT will provide the CITY with a list of additional survey needs, for which the CITY may obtain through existing On-Call Surveying contracts presently in place. Monuments and/or corners to be located and field surveyed may include the following: • Section Corners • Crossing and side-street centerline monumentation • Centerline monumentation for Oregon Ave (verification of existing basemap survey) Exhibit A-1: Scope of Work Revised: 111212012 Page 22 of 27 00 CH2MHILL 6.2.Records Research and Right-of-Way Calculations The CONSULTANT will perform research to obtain available record documentation for street centerlines and right-of-way, BNSF right-of-way, and WSDOT right-of-way. The CONSULTANT will use the results from Task 6.1 and the information obtained in the record documents to construct centerline alignments and right-of-way lines for Oregon Ave, crossing and/or side streets and for the BNSF right-of-way within the project corridor. The CITY will provide the CONSULTANT with all required title reports and supporting documentation for individual parcel calculations related to any easements and/or right-of- way acquisitions required for the project. 6.3.Right-of-Way Plans The CONSULTANT will develop right-of-way plans in accordance with the WSDOT LAG Manual, Chapter 25 to illustrate permanent right-of-way and temporary construction easement needs for the project. Right-of-way plans will illustrate: • Survey line or centerline for the roadway alignment. • Existing and proposed R/W limits with ties to the survey line to allow for legal descriptions of the areas to be acquired. • Rights to be acquired (easements and temporary permits). • Ownership boundaries and parcel identification numbers. • Total area of each parcel affected by an easement or acquisition. • Area of each easement and/or acquisition for each parcel • Area of remainder for each parcel affected by an easement or acquisition. Task 6 Assumptions: • The CONSULTANT will not be responsible for providing field surveying services under this scope. Any needed field surveying requirements will be the responsibility of the CITY. • One (1) set of right-of-way plans will be developed to accommodate both phases (Phase I and II). • It is assumed that up to 22 parcels will require permanent right-of-way takes. • No acquisition services, other than identifying needs and including areas on the final plan set, are included in this scope of work. • CITY-provided right-of-way field surveys will be tied to existing survey control points/monumentation as shown on survey by Permit Surveying, Inc., performed in February, 2012. Task 6 Deliverables: • List of Additional Survey Needs (as required) • Results of Right-of-Way Calculations Exhibit A-1: Scope of Work Revised: 111212012 Page 23 of 27 00 CH2MHILL 4W + Draft and Final Right-of-Way Plans TASK 7. GEOTECHNICAL EXPLORATION The CONSULTANT will conduct field exploration and geotechnical analyses to ascertain subsurface soil conditions for the purpose of developing pavement designs for roadway widening on Oregon Avenue, and to ascertain soil conditions for potential stormwater infiltration/injection. 7.1. Field Explorations and Laboratory Testing The work will include drilling and logging of test pits and borings, and laboratory testing to produce information for final geotechnical design of signal poles, luminaire foundations, stormwater infiltration facilities, and pavement section design. The CONSULTANT will mark proposed boring and test pit locations 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 Oregon Avenue and that testing directly beneath the paved sections will not be required to obtain a representative subgrade sample. • It is assumed that CONSULTANT will drill and sample boring locations for a period of two to three days, at approximately 500-foot intervals on segments of Oregon Avenue to be widened: • Oregon Avenue (Superior Street to Lewis Street) • Oregon Avenue (`A' Street to Ainsworth Street, less BNSF Right-of-Way) • Boring depths are anticipated to be shallow (<15 ft), with the possible exception of a few borings advanced for the purpose of design of infiltration dry wells or signal pole foundations. • The purpose of these test borings will be to establish the engineering properties of the soil at the test boring locations for pavement widening section design, luminaire and signal pole foundations. 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. Groundwater depths (if encountered) will be noted. Infiltration tests may also be conducted in the boreholes. Equipment and labor to locate the test borings, drill the borings, and restore the site upon completion will be provided. It is assumed that no groundwater monitoring standpipes will be installed. CONSULTANT will be responsible for utility checks and vehicular traffic control during drilling operations. A traffic plan and flaggers are not considered necessary with work being conducted off the existing roadway. • A backhoe and operator will be contracted to excavate and backfill test pits for a period of up to two days at selected locations, to determine soil types and to perform percolation tests at the locations of the proposed stormwater infiltration facilities. Test Exhibit A-1: Scope of Work Revised: 111212012 Page 24 of 27 00 CH2MHILL 4W pits will be excavated, percolation measurements collected, and pit backfilled prior to leaving each day. • For planning purposes, it is assumed that CONSULTANT will perform percolation tests at nine locations, either in bore holes or test pits. CONSULTANT will make arrangements and pay costs for obtaining water for the percolation testing. A geotechnical engineer or engineering geologist will be provided during test borings and pit excavations to: • Visually classify soils and rock according to ASTM methods • Record drilling and test 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 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. 7.2.Pavement Design The CONSULTANT will provide HMA and base rock thickness design to support Phase I and II widening on Oregon Avenue. Pavement design will be performed in accordance with WSDOT AND AASHTO Flexible Pavement Design standards and methods. 7.3.Foundation Design The CONSULTANT will provide geotechnical analyses and recommendations to support design and application of WSDOT standards for luminaire and signal pole bases, including bearing, lateral earth pressures, and soil type designations. Preliminary seismic characterization will also be provided. 7.4.Infiltration Facilities Design The CONSULTANT will provide geotechnical analyses and recommendations to support design of stormwater infiltration facilities. It is anticipated that drywells will be used for Phase I roadway widening, and that behind-curb swales with infiltration galleries or drywell overflows will be used for Phase II roadway widening. Either falling head or constant head infiltration tests (in accordance with U.S. Bureau of Reclamation recommended procedures) will be used for field tests, in order to support design values of transmissivity and hydraulic conductivity of soils. 7.5.Geotechnical Report CONSULTANT will prepare a geotechnical report, summarizing the field exploration, laboratory testing, and geotechnical recommendations for the project. The report will present: Exhibit A-1: Scope of Work Revised: 111212012 Page 25 of 27 40 CH2MHILL • A summary of field exploration methods, results, and interpretations, including boring and test 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 infiltration facilities, signal pole foundations and pavement design recommendations (including layer thickness, gradation and compaction requirements for crushed rock base course, and thickness criteria for hot-mix asphalt concrete). • An evaluation of the feasibility of on-site disposal of stormwater. The assessment will be based on conditions encountered during site exploration and results of laboratory gradation analyses. Laboratory data will be used to assess on-site disposal feasibility and design infiltration rates based on published information that relies of correlations of such rates with laboratory gradation analyses. Quality Assurance/Quality Control (QA/QC) reviews for the geotechnical engineering aspects of the project will be performed. Task 7.2 Assumptions: • The CITY will obtain right of entry agreements prior to performing any work outside of the street right-of-way and provide permits required to performing work within the street right-of-way. • Any existing geotechnical reports for past work or adjacent facilities will be provided to the CONSULTANT by the CITY, for reference literature. Task 7.2 Deliverables: + Draft and Final Geotechnical Report General Scope of Work Assumptions: • The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will reperform any services not meeting this standard without additional compensation. • CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or Exhibit A-1: Scope of Work Revised: 111212012 Page 26 of 27 40 CH2MHILL structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, CONSULTANT makes no warranty that CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. If OWNER wishes greater assurance as to any element of PROJECT cost, feasibility, or schedule, CITY will employ an independent cost estimator, contractor, or other appropriate advisor. + In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of CONSULTANT. Exhibit A-1: Scope of Work Revised: 111212012 Page 27 of 27 40 CH2MHILL Exhibit D-1 Payment (Lump Sum) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT 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 II, "Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. The estimate in support of the lump sum amount is attached hereto as Exhibit"D"and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting services for this PROJECT shall be on the basis of a lump sum amount as shown in the heading of this AGREEMENT. 1. Maximum Total Amount Payable: The Maximum 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 costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles,salary rate,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. DOT Form 140-089 EF Exhibit D-1 Revised 01/09 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. City of Pasco, Washington Exhibit E-1 Oregon Avenue (SR-397) Corridor Traffic Study & Design CH2M HILL Labor Hours (See Attached Labor Summary) 2958 $114,920.60 Direct Salary Cost $114,920.60 Direct Salary Escalation Cost(estimated) 2012 to 2013 3% $3,447.62 Total Direct Salary Cost $118,368.22 Overhead Cost @ 114.16% of Total Direct Salary Cost $135,129.16 Fixed Fee @ 30.0% of Total Direct Salary Cost $35,510.47 Total Overhead &Fixed Fee Cost $170,639.62 Total Labor Cost $289,007.84 Direct Expenses Reproduction Cost No. Each Cost Reports 0 $0.05 $0.00 Misc. copies 0 $0.05 $0.00 Reprographics 21 $40 $840.00 Mail/Deliveries/etc. 20 $15 $300.00 Mileage 2,260 Mi. @ $0.555 /Mile $1,254.30 Auto Rental/Gasoline 5 days @ $85 /day $425.00 Lodging 7 days @ $110 /day $770.00 Aerial Photographs 0 $3,000 $0.00 Travel Total (airfare, train, etc) 4 $350 $1,400.00 Equipment Rentals, EDM, GPS 1 $166 $166.00 Parking 1 $30 $30.00 PerDiem 6 days @ $150 /day $900.00 Drilling 1 $10,000.00 $10,000.00 Excavating/Test Pit 1 $2,000.00 $2,000.00 Materials Lab 1 $5,000.00 $5,000.00 Total Expenses $23,085.30 Subcontracts Bernardo I Wills Architects $37,440.89 Total Subcontracts $37,440.89 Total Lump Sum Price (Labor, Expenses, Subcontracts) $349,534 Page 1 of 2 LABOR SUMMARY BY TASK CH2M HILL CH2M HILL Expense Overall Task Hours Labor Subcontracts Total Total TASK 1 - PROJECT MANAGEMENT AND COORDINATION 256 $29,468 $4,522 $466 $34,456 TASK 2 - CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN 806 $77,144 $9,909 $1,050 $88,103 TASK 3 - FINAL ROADWAY DESIGN 1182 $106,352 $8,540 $791 $115,683 TASK 4- OREGON AVE. &AINSWORTH ST. INTERSECTION ENTRYWP 0 $0 $14,470 $0 $14,470 TASK 5- ENVIRONMENTAL DOCUMENTATION AND PERMITTING 372 $40,603 $0 $2,060 $42,663 TASK 6- RIGHT-OF-WAY PLANS 174 $18,409 $0 $0 $18,409 TASK 7 - GEOTECHNICAL EXPLORATION 168 $17,033 $0 $18,718 $35,751 Total 2958 $289,008 $37,441 $23,085 $349,534 Subs/Expenses Breakdown Bernardo Wills Architects $ 37,441 CH2M HILL Expenses $ 23,085 Total $ 60,526 Exhibit F CH2M BILL,INC. (A Wholly-Owned Subsidiary of CH2M HILL Companies,Ltd.) Schedule of Federal Acquisition Regulation Compliant Indirect Cost Rate CH2M HILL Home Office Indirect Rate Year ended December3l,201 1 General Total ledger Adjustments std ments claimed Comments Payroll taxes and fringe.benefts: Payroll taxes S 37,102,214 664,274 37,766,488 13, 14 Vacation,holiday,and sick pay 54,115,074 13,868 54,128,942 1, M Group insurance and miscellaneous 49,642,739 (1,876,919) 47,765,820 1,2,14 Pension plan 10,711,883 (39,880) 10,672,003 3, 14 151,571,910 (1,238,657) 150,333,253 General and administrative expenses: Indirect salaries 157,091,223 254,157 157,345,380 8, [1, 14 Incentive and retirement pay 38,122,406 (15,270,362) 22,852,044 1.8, 14, IS Buildings and equipment 98,716,396 2,206,964 100,923,360 4,5,)4 Taxes,)icenses,and insurance 56,667,629 (39,982,890) 16,684,739 1, 11, 12, 14 Professional services (25,133,673) (4,696,718) (29,830,391) 1.5, 11, 14 Travel and subsistence 13,596,950 (4,101,784) 9,495,166 1, 14 Office supplies 17,633.057 (7,932,315) 9,700,742 I, 11, 14 Professional education 3,737,788 (1,176,373) 2,561,415 ), 14 Recruiting costs 2,660,636 (2,268,196) 392,440 I,14, 18 Ptinring and computers 985,286 230 985,516 14 Homeoflice and intertnctliateallocations (69,016,624) (66,184,548) (135,201,172) 5,6,7,9,10, 14, 16,17 295,061,074 (139,151,835) 155,909,239 Total indirect expenses S 446,632,984 (140,390,492) 306,242,492 Direct labor costs(base) S 268,980,689 10,280 268,990,969 11 Indirect cost rate 113.9% Facilities capital cost of money rate(note 9) 0.360% 19 Comments: Home Office Rate = 114.16%(with inclusion of FCCM) 1. Unallowable costs removed per the Federal Acquisition Rcgulations(FAR)Part 31. 2. Postretirement benefits adjustments per the FAR and the Cost Accounting Standards(CAS). 3. Pension cost adjustments per the FAR and the CAS. 4. Adjustment to reverse amortization of deferred gain on sale Denver office buildings.Costs are limited to the constructive costs of ownership. 5, Credit to offset overhead expenses with income/reimbursement received and remove overhead charges to affiliates.per FAR 31.201.5. 6. Holding company allocation from CH2M HILL Companies,Ltd. 7. Allocation from CH2M HILL Group Maria-ucment Home Office. 8. Adjustment for FAR compensation limits. 9. Adjustiew to remove unallowable±unclaimed projects. t0. Adjustment to remove fringe benefits allocated to unallowable/unclaimed projects. 11. Adjustment to reckusify overhead warranty costs to direct per CAS disclosure statement. 12. Adjustment to self-insured professional liabi)ily to align to projected average losses per CAS 416. 13. Adjustment of self-insured workers compensation costs to projected average loss per CAS 416. 14. Indirect costs are allocated between Field and Hume Office.(note 12) 15. Adjustment made to add incentive compunsauon paid. 16. Adjustment to allocated occupancy costs based on actual usage. 17. Adjustment io allocated infonnation technology costs based on actual usage. 18. Adjustment of allocated Talent Acquisiiion Deployment Center(TADC)to actual costs incurred. 19, Facilities capital cost of money rate is not applicable to the Field Office indirect cost rate. Sec accompanying notes to Schedules of Federal Acquisition Regulation Compliant Indirect Cost Rates. Company Confidential 4 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Bernardo Wills Architects - Landscape Architecture Services DOT Form 140-089 EF Exhibit G Revised 6/05 Oregon Avenue (SR-397) Corridor Traffic Study and Design Bernardo-Wills Fee Proposal-LUMP SUM 31-Oct-12 EXHIBIT G-1 SUBCONSULTANT FEE D- D- Subtotal Hours 8 40 84 24 47 45 111 42 BWA Rates $90.85 $94.89 $90.85 1 $94.89 $90.85 $94.89 $90.85 $94.89 Subtotal Cost $726.80 $3,795.60 $7,631.40 $2,277.36 $4,269.95 $4,270.05 $10,084.35 $3,985.38 Total Cost $37,040.89 Task 1 Lump Sum $4,522.40 Task 2 Lump Sum $9,908.76 Task 3 Lump Sum $8,540.00 Task 4 Lump Sum $14,069.73 Expenses $400.00 Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: 1. 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 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 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. 5. 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 AGREEMENT,in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)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 FHWA 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 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 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 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit 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 Error(s)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 error(s).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 Error(s) 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 determined 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 error(s)and the magnitude of the alleged error(s).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 the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant. The settlement would 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 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any,as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). 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 Highways 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 error(s), 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 error(s)affects eligibility of project costs 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 this exhibit is to describe a procedure regarding claim(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) are a 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 claim(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 Claim 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; • Timeframe 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—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in 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 determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal 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 Highways 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 in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 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 correspondence 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 in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations 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 claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim (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. Local Agency I hereby certify that I am and duly authorized representative of the firm of CH2M HILL,INC. whose address is 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 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 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 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of CITY OF PASCO , 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. Date Signature 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 I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within 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 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(I) (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)terminated for cause or default. II. 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,INC. (Date) (Signature)President or Authorized 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 certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: I.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. 2.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 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$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): CH2M HILL,INC. (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6105