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Home My WebLink AboutKittelson & Associates - WSDOT Supplemental Agreement No. 1 CP5-ST-3A-13-02 (13005)ORIGINAL Su lemental A reement p p g Organization and Address city of Pasco Number It 1025 S. Gray Ave. Pasco, WA 99301 Original Agreement Number Phone: 509.545.3446 Project Number Execution Date Completion Date STPUL-3515 008 6/2/2014 2/28/2015 Project Title New Maximum Amount Payable Road 68 (Burden Blvd to 482) Dual RT SB Lanes $ 280,000.00 Description of Work This project will conduct a traffic study to confirm turn lane needs on Road 68 southbound a I-182 westbound. The project will provide design plans for southbound dual right tum lanes on Road 68 at 1-182 as well as associated widening on Road 68 north to Burden Boulevard. The Local Agency of City of Pasco desires to supplement the agreement entered into with Kittelson & Associates, Inc. and executed on 6/2/2014 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Completion date. is 1?/'t 1 /7016 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. Consultant Signature DOT Forrn 140-063 EF Revised 9/2005 By: Ahmad (lavaumi Approving ignature 2/28/2015 Date (:)�(':�)O'41S') Local Agency Consultant/Address/Telephone Standard Consultant Kittelson & Associates, Inc. Agreement kE]Personal 610 SW Alder, Suite 700 Portland, OR 97205 tectural/Engineering Agreement Services Agreement Agreement Number 503-228-5230 Project Title And Work Description Federal Aid Number I Road 68 (Burden Boulevard to I-182) Dual RT SB STPUL-3515(008) Lanes. This project will conduct a traffic study to Agreement Type (Choose one) confirm turn lane needs on Road 68 southbound at I ® Lump Sum -182 westbound. The project will provide design Lump Sum Amount $ 280,000.00 plans for southbound dual right turn lanes on Road ❑ Cost Plus Fixed Fee 68 at I-182 WB as well as associated widening on Road 68 north to Burden Boulevard. Overhead Progress Payment Rate a/o _ DBE Participation Overhead Cost Method ❑ Actual Cost ❑ Yes ® No a/o ❑ Actual Cost Not To Exceed % eral ID Number or Social Security Number _ _ ❑ Fixed Overhead Rate %ou 93096447 require a 1099 for IRS? FDo Completion Date Fixed Fee $ _ ❑ Yes ® No February 28, 2015 ❑ Specific Rates Of Pay El Negotiated Hourly Rate Total Amount Authorized $ 80,000.00 -- 228 ❑ Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 28_0_,000.00 Index of Exhibits (Check all that apply): ® Exhibit A -I Scope of Work ❑ Exhibit G-2 Fee -Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement 119 Exhibit G-3 Sub Overhead Cost ❑ Exhibit 13-1 DBE Utilization Certification ® Exhibit 1-1 Title VI Assurances Exhibit C Electronic Exchange of Data ® Exhibit 1 Payment Upon Termination of Agreement ® Exhibit D -I Payment - Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D-2 Payment - Cost Plus ® Exhibit K Consultant Claim Procedures ❑ FxhibitD-3 Payment - Hourly Rate ❑ Exhibit L Liability Insurance increase ❑ Exhibit D4 Payment - Provisional Exhibit M -la Consultant Certification ® 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 0-1 Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page THIS AGREEMF,NT, made and entered into this _ ..1 ^,.�;!�day of � (.�l.,f, �,,, .. �' • i I•Q v _ , between the Local Agency of _ _Pasco Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Parsed 0912013 Page 1 of 8 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 cavy 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, W SDOT 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 DEE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT 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 200Od-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 CPR 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 written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000) per occurrences and two million dollars ($2,000,000) in the aggregate for each policy period. 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 Y 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 -I (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 terns and conditions thereof. Page 7 of 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 Consultant Kittelson & Associates, Inc. i Agency City of Pasco, WA DoT Page 8 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Consultant Kittelson & Associates, Inc. Agency City of Pasco, WA Dor Pepe 8 018 EXHIBIT A-1 CITY OF PASCO, WASHINGTON ROAD 68 (BURDEN BOULEVARD TO 1-182) DUAL RT SB LANES SCOPE OF WORK INTRODUCTION On February 28, 2014, Kittelson Associates, Inc. (KAI, CONSULTANT) was selected to provide professional services for the Road 68 Dual RT SB Lanes project to the City of Pasco (CITY). CH2M HILL (SUBCONSULTANT CH) and Bernardo Wills Architects (SUBCONSULTANT BWA) will support CONSULTANT. CONSULTANT, SUBCONSULTANT, and SUBCONSULTANT BWA will together provide the scope of services documented herein to the CITY. The Road 68 Dual RT SB Lanes project scope of work includes the following tasks: Task 1: Project Management and Coordination Task 2: Traffic Study Task 3: Roadway Design — SB Road 68 to EB 1-182, WB Burden Road to SB Road 68 Task 4: Environmental Documentation and Permitting Task 5: Geotechnical Investigations The CITY shall provide Right of Way Plans for the project and any Roadway Design required for improvements from WB 1 182 to NB Road 68. No CONSULTANT, SUBCONSULTANT CH, or SUBCONSULTANT BWA activities are included for Right of Way Plans preparation nor Roadway Design required for improvements from WB 1 182 to NB Road 68. This scope of work and fee estimate (Exhibit G-1) are based on a 9 -month delivery schedule, beginning June, 2014. The CONSULTANT team's ability to meet this schedule is contingent upon timely receipt of information and comments from the CITY/WSDOT (and others, if applicable) and provided the scope of work progresses as outlined. The CONSULTANT team will provide the following services: TASK 1. PROJECT MANAGEMENT AND COORDINATION Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 1 of 20 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 agreement with CITY, prepare and process monthly invoicing and other internal management duties. Task 1.1 Assumptions: + 9 -month project duration Task 1.1 Deliverables: + Monthly Invoice (1 hard copy and .pdf electronic format) 1.2. Project Coordination 1.2.1. Correspondence and Meetings The CONSULTANT will partner with SUBCONSULTANT CH AND SUBCONSULTANT BWA to perform the services outlined in this scope of work for the Road 68 Dual RT SB Lanes project which includes coordination of the project work elements, to include: • Coordination meetings with CITY to be conducted at intervals throughout the project (up to 12). • Coordination conference calls with SUBCONSULTANT CH and/or SUBCONSULTANT BWA or less frequently (up to 12). • Design kickoff meeting with the CITY and key stakeholders after completion of Task 2. Task 1.2 Assumptions: + Up to 24 Coordination Meetings with CONSULTANT, SUBCONSULTANT CH and CITY via phone. + Design kickoff meeting will be a 2 -hour meeting at CITY offices. CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will plan for one key team member each to attend the kickoff meeting at the CITY and will provide input to CONSULTANT -developed agenda and presentation to support design, environmental, and right-of-way project elements. The CITY will be responsible for any meeting logistics and coordination efforts needed to arrange for and facilitate the kickoff meeting. + CITY staff will conduct Public Meetings. CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will not attend the public meetings. + CITY staff will conduct necessary meetings with Council for which CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will not attend. Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 2 of 20 1.3. Public Outreach The CITY will lead Public Outreach with interested members of the public. The following public outreach meetings are anticipated for this project: Public Outreach Meeting Anticipated Timing Purpose #1 Following Traffic Analysis • Review alternatives developed and and Draft Documentation analyses • Review evaluation process and preferred solutions • Solicit Public Input #2 Following completion of 60% • Communicate design progress, key Design Milestone traffic management and safety improvement elements. • Coordinate anticipated upcoming construction traffic control elements, timing, etc. • Solicit Public Input Task 1.3 Assumptions: + CITY will arrange for the meeting space, scheduling, and meeting logistics for attendees. + The CONSULTANT will furnish presentation content for Public Meeting #1. + The CONSULTANT will furnish presentation content and for Public Meeting #2. + No CONSULTANT, SUBCONSULTANT CH, nor SUBCONSULTANT BWA staff will attend Public Meeting #1 or #2. + No one-on-one stakeholder coordination meetings are included in this scope. Task 1.3 CONSULTANT + Presentation Content for Meeting #2 TASK 2. TRAFFIC STUDY The study will focus on four study intersections: • Burden Boulevard/Convention Place • Road 68/Burden Boulevard • Road 68/1-182 Westbound Ramp • Road 68/1-182 Eastbound Ramp Exhibit A-1: Scope of Work Revised: 8/04/2014 Page 3 of 20 2.1. Existing Conditions Review CONSULTANT will provide transportation and traffic planning services as described herein for the purpose of determining the baseline conditions for Road 68 within the project limits. 2.1.1. Collect and Review Existing Data CITY will provide to the CONSULTANT September 2013 weekday counts for three peak periods at the four study intersections: AM, mid-day, and PM CITY will provide to the CONSULTANT a lane utilization study for 1-182 westbound traffic exiting at Road 68 and traveling northbound on Road 68 for three peak periods: AM, mid-day, and PM CITY will provide to the CONSULTANT traffic and transportation planning data to include the current revisions of the following documents (as available) CITY will obtain and provide to CONSULTANT and SUBCONSULTANT CH traffic and transportation planning data to include the current revisions of the following documents (as available): • Pasco Corridors and Gateways Plan • Pasco Bicycle and Pedestrian Master Plan • Pasco Truck Routes • City of Pasco Design Standards and Standard Plans • Record Drawings for Road 68 CONSULTANT will analyze typical existing weekday AM, mid-day, and PM peak hour intersection operations at the four study intersections. Identify current level of service, delay, volume -to -capacity ratio, and projected queues. CONSULTANT will analyze the traffic operations impact of up to four (4) improvement alternatives during the AM, mid-day, and PM peak hours under existing traffic volumes. • Alternative A — Widen Road 68 southbound and provide single southbound right - turn • Alternative B —Widen Road 68 southbound and provide dual right -turns • Alternative C - Modify 1-182 Westbound Ramp Approach to Road 68 (Option 1) • Alternative D - Modify 1-182 Westbound Ramp Approach to Road 68 (Option 2) 2.1.2. Future Baseline Traffic Model and LOS Analysis CONSULTANT will obtain future 2030 weekday PM peak hour traffic volumes for the four study intersections using the Road 68 Corridor Study land use growth assumptions under an infrastructure no -build scenario. Exhibit A-1: Scope of Work Revised: 8/04/2014 Page 4 of 20 CONSULTANT will analyze 2030 weekday PM peak hour intersection operations at the four study intersections under a no -build scenario. Identify level of service, delay, volume -to -capacity ratio, and projected queues. No 2040 analysis will be prepared. Task 2.1 Assumptions: + Current (as of execution of this Agreement) WSDOT, AASHTO and City of Pasco standards will be utilized. 2,2. Alternatives Analysis and Review CONSULTANT will prepare planning concept -level engineering to include roadway widening, safety and access management improvements, intersection controls, and potential right-of-way needs for improvement Alternatives A -D. 2.2.1. Alternative Concept Development CONSULTANT will utilize transportation baseline analyses results and preferred roadway sections to develop conceptual layouts for the Road 68 corridor to include conceptual roadway cross-sections, horizontal alignment, ramp geometricS, curb and gutter sidewalk and channelization along Road 68, and potential right-of-way needs for the study area. CONSULTANT will develop up to two (2) alternative concepts for the SB on ramp from Road 68 to 1-182, up to two (2) alternative concepts for the WB off ramp from 1-182 to NB Road, and up to two alternative concepts for the WB Burden to SB Road 68. 2.2.2. Traffic Analysis and Operations for Alternative Concepts CONSULTANT will analyze the traffic operations impact of improvement Alternatives A- D during the weekday PM peak hour. The analysis will assume completion of the Chapel Hill Boulevard extension. CONSULTANT will provide a Highway Capacity Software based weaving analysis on 1- 182 at the first westbound gore point (Road 68 NB ramp merge with Road 68 SB ramp) documenting the impact of improvement Alternatives A -D. 2.2.3. Alternative Concept Evaluation The SUBCONSULTANT CH will work with CONSULTANT and the CITY to peer review alternative concepts as developed in Section 2.2.1. The SUBCONSULTANT CH will provide qualitative input to CONSULTANT -developed evaluation criteria to support a qualitative evaluation process and include safety, freight mobility, traffic operations, environmental, non -motorized, and aesthetics. Exhibit A-1: Scope of Work Revised: 8/04/2014 Page 5 of 20 2.2.4. Traffic Report and IJR Policy Points 2, 3, 4 CONSULTANT will prepare a draft and final report summarizing the Alternatives Concept Development Into a technical memorandum. As part of the technical memorandum, CONSULTANT will document the preferred alternative development in the context of IJR Policy Points 2, 3, and 4 (for WSDOT Region office only, no IJR will be prepared). SUBCONSULTANT CH will provide peer review of the technical memorandum. Task 2.2 CONSULTANT TEAM Deliverables: + Four alternative improvement concepts + Operational analysis of the four alternative improvement concepts + Technical memorandum documenting Alternatives Concept Development TASK 3. ROADWAY DESIGN (SB ROAD 68 TO EB 1-182 AND WB BURDEN ROAD TO SB ROAD 68) The roadway design included in this Task assumes that roadway widening required along Road 68 will include widening at the intersection of Road 68 and Burden Road. The westbound on- ramp to 1-182 from southbound Road 68 will be widened to accommodate an additional lane. Roadway design services associated with widening of Burden Road and the Road 68/Burden Road Intersection will be developed for westbound Burden Road to southbound Road 68 improvements per the design determined to be required during the Task 2 traffic study. Roadway design services associated with improvements to the WB 1-182 off -ramp to NB Road 68 will be prepared by the CITY, if included in the project. 3.1. Roadway Design Plans CONSULTANT and SUBCONSULTANT CH will develop final design to include one (1) construction contract for the Road 68 project to be bid in 2015. SUBCONSULTANT CH will prepare the following final roadway design elements, except as noted herein: 3.1.1. General Plans General plans will include: • Cover Sheet: To include sheet index, vicinity and project location, and sign -off boxes. • General Notes and Legend Sheet: To include survey control, general notes, CADD legend. 3.1.2. Site Preparation and Temporary Erosion & Sedimentation Control (TESC) Plans Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 6 of 20 Site preparation will be combined with TESC on a common set of 50 -scale plans. Site preparation design will depict demolition and miscellaneous site preparation details. TESC design will be developed to mitigate potential impacts during construction in accordance with the Department of Ecology Stormwater Management Manual for Eastern Washington (SWMMEW). 3.1.3. Typical Sections Typical roadway sections will be developed to encompass pavement section, roadway lane, shoulder and cut/fill slopes for 1-182 westbound on-ramp widening and southbound Road 68 widening. Typical roadway sections will also be developed to encompass Burden Road pavement section, roadway lane, curb, sidewalk, landscape strip, and median conditions. 3.1.4. Drainage and Utilities Plans and Drainage Report Prepare drainage plan sheets depicting any modifications required to the existing stormwater management system for the 1-182 westbound on-ramp widening and southbound Road 68 widening. Separate detail sheets will show non-standard drainage construction details as well as drainage profiles Drainage and utility plan sheets will be prepared for the Burden Road widening that depict proposed storm drain system and utility adjustments. Drainage design will be performed and documented in a stormwater report in accordance with the SWMMEW. It is anticipated that utilities will require adjustments to final grade only. 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, shoulder; out/fill 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. 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. Signing and Pavement Marking Plans CONSULTANT will prepare signing and marking plans and detail sheets to accommodate widening on Road 68, at the Road 68/1-182 westbound ramp, along Burden Road and at the Road 68/Burden Road intersection. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, and stop bars. Use of overhead guide signs on Road 68 southbound will be included if desired by the City. These plans will delineate the locations of all pavement markings Exhibit A-1; Scope of Work Revised.: 810412014 Page 7 of 20 including lane lines, shoulder markings, 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. SUBCONSULTANT CH will provide structural engineering evaluations for potential overhead sign structures in accordance with the WSDOT Design Manual. Assumptions: • CONSULTANT will receive a copy of any available existing signing as -built drawings or data from the City or WSDOT. 3.1.8. Traffic Signal and Illumination Plans CONSULTANT will coordinate with WSDOT and CITY on traffic signal modifications. The CITY will provide CONSULANT with as -built drawings of the existing traffic signal system. CONSULTANT will prepare signal plans and details in accordance with WSDOT guidelines for Road 68/1-182 Ramp and in accordance with City guidelines for Road 68/Burden Boulevard, showing proposed locations for new or relocated signals, luminaires, electrical hardware, and wiring diagrams. CONSULTANT will analyze roadway lighting level requirements for the Road 68/1-182 north ramp intersection, for the Road 68/Burden Road intersection, and for Road 68 between Burden Road and 1-182. Luminaires will be designed to meet the identified requirements. Recommendations will be based on respective WSDOT and CITY - provided lighting level requirements and specifications and details for luminaire heads (style and wattage), standards, and poles (including mounting height, arm length) based on roadway facility ownership. CONSULANT 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. Assumptions CONSULTANT will coordinate with the City and WSDOT to determine the design street light pole. CONSULTANT will coordinate with the City, WSDOT, and the power company to verify the street light pole layout and the power source. Assumptions: • Traffic signal revisions are anticipated at the Road 68 intersection with the 1-182 ramps. Revisions include signal pole and pedestrian pole equipment to accommodate the new southbound right -turn lane design. • Traffic signal revisions are anticipated at the Road 68 intersection with Burden Road. Revisions include upgrading signal controller and equipment to current standards and replacing the master arm and pole in the southwest quadrant. • No other traffic signal work or signal interconnect work is included as part of this scope of work. Exhibit A-1: Scope of Work Revised.: 8/04/2014 Page 8 of 20 3.1.9. Landscaping and Irrigation Plans SUBCONSULTANT BWA will prepare landscape plans for non -irrigated landscaping required for areas disturbed within the WSDOT limited access for the 1-182 on-ramp widening, and landscape and irrigation plans for irrigated landscaping required for areas disturbed for the widening of southbound Road 68. Landscape Plans will identify plant species, size and quantity to be installed. Drawing notes, special provisions and details will provide information for installation. Landscape plans along Road 68 will be limited to the minimum sod and street trees required to meet City guidelines. 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 underground automatic system vs. traditional automatic underground irrigation system. Control will be coordinated with CITY equipment and design standards to determine best means for operation to minimize maintenance. Drawing notes, special provisions and details will provide information for installation. Task 3.1 + It is anticipated that the project will be designed for a 2015 construction bid. + The CITY will provide all survey needed. + No traffic control plans will be prepared. Contractor will be required to submit a traffic control plan for CITY approval. + It is anticipated that no utilities will be encountered or require SUBCONSULTANT CH effort for the southbound Road 68 and 1-182 westbound on-ramp widening. + A temporary signal plan is not needed. + The improvements include corridor street lighting along Road 68 between Burden Boulevard and the 1-182 Westbound Ramps intersection. The street lighting will be designed to City of Pasco standards. + The improvements include corridor interchange lighting along the 1-182 Westbound On -Ramp between Road 68 and the end of the ramp widening. The interchange lighting will be designed to WSDOT standards. + The improvements include corridor signing and striping modifications along Road 68 and along a portion of the 1-182 Westbound On -Ramp. Task 3.1 CONSULTANT TEAM Deliverables: + The SUBCONSULTANT CH will submit plans at the 30%, 60%, 95% and 100% design milestones for review. + Anticipated plan sheets include: Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 9 of 20 No. Sheets Description 2 General Plans (prepared bSUBCONSULTANT CH 3 Site Preparation and TESC Plans and Details (1"=50', Plan -Plan) (prepared by SUBCONSULTANT CH 2 Typical Sections and Details (prepared bSUBCONSULTANT CH 4 Drainage Plans (prepared bSUBCONSULTANT CH 1 Drainage Details (prepared bSUBCONSULTANT CH 3 Roadway Paving Plans Plan -Plan) (prepared bSUBCONSULTANT CH 2 Roadway Details (prepared bSUBCONSULTANT CH 3 Intersection Layouts Burden, Rodeo, 1-182 1"=20') (prepared bSUBCONSULTANT CH 11 Signing and Pavement Marking Plans and Details (prepared bCONSULTANT 10 Illumination Plans and Details (prepared bCONSULTANT 11 Traffic Signal Modification Plans for Road 68/1-182 WB, Traffic Signal Modification Plans for Road 68/13urden Boulevard (prepared bCONSULTANT 8 Landscaping and Irrigation Plans and Details 1"=20') (prepared bSUBCONSULTANT BWA 60 TOTAL SHEETS Plan sheets will be 1"=40' horizontal scale, unless otherwise indicated. 3.2. Specifications SUBCONSULTANT CH will prepare specifications using the 2014 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. CONSULTANT will prepare corresponding specifications for street lighting, signing and striping, and traffic signal modification elements. SUBCONSULTANT BWA will prepare corresponding specifications for landscape plans. Task 3.2 Assumptions: + It is anticipated that the project will be designed for a 2015 construction bid. + Project contract documents will be developed with 2014 WSDOT Standard Specifications (the version in place at the time of execution of this agreement), and updates to accommodate subsequent releases of the WSDOT Standard Specifications are not included in this work. Task 3.2 CONSULTANT TEAM Deliverables: + The CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA 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 The CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will develop detailed quantities for the roadway elements and incorporate into the project bid documents. Exhibit A•1: Scope of Work Revised: 8/04/2014 Page 10 of 20 The CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will develop a cost opinion for the roadway elements of the project at the 30%, 60%, 95%, and 100% levels of completion. Task 3.3 Assumptions: + It is anticipated that the project will be designed for a 2015 construction bid, 3.3 CONSULTANT TEAM Deliverables: + The CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will submit cost estimates at the 30%, 60%, 95% and 100% design milestones to include agreed-upon contingency factors. 3.4. QA/QC Reviews The CONSULTANT, SUBCONSULTANT CH, and SUBCONSULTANT BWA will perform Quality Assurance/Quality Control (QA/QC) reviews for their respective portions of the project milestone submittals at 30%, 60%, 95% and 100%. A plans check, and review of the specifications, quantities, bid schedule, and cost estimates will be performed. Review comments and acceptable resolution will be documented in the project file. No. Sheets Description 2 Site Preparation and TESC Plans and Details (1°=50', Plan -Plan) (prepared by SUBCONSULTANT CH 1 Typical Sections and Details (prepared by SUBCONSULTANT CH 2 Drainage and Utilities Plan & Profiles (prepared by SUBCONSULTANT CH 0 Drainage and Utilities Details (prepared by SUBCONSULTANT CH 2 Roadway Paving Plans Plan -Plan (prepared by SUBCONSULTANT CH 1 Roadway Details (prepared by SUBCONSULTANT CH + Intersection Layouts Burden, Rodeo, 1-182 1"=20' (prepared by SUBCONSULTANT CH) 5 Illumination Plans and Details (prepared by CONSULTANT 6 Traffic Signal Plans and Details (1 Signal, Lighting on SB Rd. 68 Only) (prepared by CONSULTANT 4 Signing and Pavement Marking Plans and Details (prepared by CONSULTANT 2 Landscaping & Irrigation Plans and Details (1"=20') (prepared by SUBCONSULTANT BWA) TASK 4. ENVIRONMENTAL DOCUMENTATION AND PERMITTING The SUBCONSULTANT CH 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 identified herein. Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 11 of 20 4.1. Environmental Scoping The SUBCONSULTANT CH will research the project setting to develop an initial understanding of potentially impacted resources. The SUBCONSULTANT CH 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 SUBCONSULTANT CH 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 SUBCONSULTANT CH will prepare a memorandum summarizing the key resources and approvals to be addressed for the project. Task 4.1 + SUBCONSULTANT CH will conduct an environmental coordination meeting in Spokane (or via phone) with CITY and WSDOT. + Key resource issues that have been currently identified for discipline reports to supplement the Local Agency Environmental Classification Summary (ECS) are hazardous materials and noise. Should WSDOT decide that additional resource issues need to be addressed with a discipline report or technical memorandum and/or field survey those services would be out of this scope of work. 1 SUBCONSULTANT CH Deliverables: + Environmental Scoping Memorandum (.pdf) 4.2. Environmental Classification Summary The SUBCONSULTANT CH will prepare the 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). 4.2.1. Hazardous Materials Evaluation The SUBCONSULTANT CH will conduct a hazardous materials evaluation of the properties within 0.25 miles of road right-of-way to determine the potential for encountering hazardous materials sites during construction of the interchange. Also, a Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 12 of 20 record search will be conducted on Ecology's website and EJ View (EPA website), to review for past historical uses and current uses of these properties including underground storage tanks. A site survey will also be conducted to review site current uses. The evaluation will include documentation of known hazardous materials sites, and an assessment of whether these sites will be impacted by proposed roadway improvements. The findings of this evaluation will be documented in a technical memorandum and presented in the ECS. 4.2.2. Traffic Noise Study and Report The SUBCONSULTANT CH will perform a traffic noise study and prepare a Traffic Noise Study Report to detail the findings of the traffic noise analysis. The required documentation contained in the Traffic Noise Study Report is found in 23 C.F.R. § 772 and the WSDOT Noise Manual. The WSDOT Noise Manual is the prime document to be followed in development of the traffic noise study and report. A site visit of the project study area will be conducted to identify land uses and locate noise sensitive locations within project area (includes the area from Road 68 east to Convention Drive and from Road 68/Burden Road intersection to the end of the 1-82 exit and entrance ramps. Physical features that affect noise propagation and features that may be altered during construction will be noted. Noise measurements will be conducted at up to four locations to validate the traffic noise model. The measurements will be conducted for a single 15 -minute sampling period at each location during free-flow traffic conditions. At each measurement site, traffic counts will be collected concurrently with the noise measurements. A Type I sound level meter will be used. Noise sources will be noted. Traffic volumes counted during the noise measurement survey will be modeled using FHWA Traffic Noise Model (TNM) Version 2.5 and the resulting sound levels will be compared with the measured sound levels to validate the model. TNM 2.5 will be used to model three noise levels: existing, future no -build, and future build for a single alternative. Up to 20 noise -sensitive receptors will be identified. The receptors will exhibit land use characteristics similar to their surrounding area. Receptors will be located close to the proposed improvements. Design year (2030) noise levels will be compared to noise -abatement criteria to determine if the design year noise levels approach or exceed criteria thresholds. Design year noise levels will also be compared to existing noise levels to determine if the projected noise levels are "substantially higher" per WSDOT's criteria and therefore an impact. At locations predicted to experience impacts, potential noise -abatement measures will be discussed qualitatively. A quantitative noise barrier analysis will not be performed. If a quantitative barrier analysis is determined to be necessary, it would only be conducted after approval of an amendment to the scope of services and budget. Exhibit A•1: Scope of Work Revised: 6/04/2014 Page 13 of 20 4.2.3. Prepare and Compile ECS Submittal The SUBCONSULTANT CH will prepare the ECS form per LAG Manual (Chapter 24) and ECS Guidebook requirements and compile supporting materials into the ECS submittal. As part of the ECS task, the SUBCONSULTANT CH will accomplish the following: • A letter will be prepared for the Washington Department of Archeological and Historic Preservation (DAHP) to explain that ground disturbance occurs only in existing road right-of-ways and on disturbed land owned by the Department of Natural Resources (DNR), and therefore, a cultural resources survey and report should not be necessary. • Census data will be researched to obtain demographic information that supports the assumption that an Environmental Justice (EJ) report is not needed for this project. • Species listings and habitat protected areas will be identified for the project area. • The hazardous materials and noise analysis reports will be attached to the ECS form. 4.3. SEPA Checklist SUBCONSULTANT CH will prepare a State Environmental Policy Act (SEPA) Checklist for the Road 68 Dual RT SB Lanes 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 4 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 SEPA Environmental Checklist. + 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. + Approval agencies including DAHP, WSDOT and DNR, as well as the tribes will agree that no cultural resources survey and report is necessary. If a cultural resources survey and report becomes a requirement these services would be out of this scope of work. + The following are not included in this work: Exhibit A-1: Scope of Work Revised: 8/04/2014 Page 14 of 20 o Cultural Resources survey and report under Section 106 of the National Historic Preservation Act of 1966 (as amended)AII tribal consultation will be conducted by WSDOT or the City of Pasco. o Wetland Inventory, Delineation, or Mitigation Plan o Biological Assessment o The noise analysis does not include a barrier analysis o Air Quality Analyses or discipline report, including a hot spot analysis o Environmental Justice discipline report o Biological resources (Endangered or Threatened federal Species and priority state species) o Migratory Bird Treaty Act or Bald and Golden Eagle Act o Section 4(f) and Section 6(f) evaluation and discipline report o Visual Impact Analysis and discipline report o Land to accommodate all stormwater control associated with the Project is included within the existing road right-of-ways. Otherwise, environmental review of these stormwater control areas would be outside of this scope of work. o Phase I or Phase 11 Environmental Site Assessment. o Land use, housing, relocation discipline report o Light and glare discipline report + 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. + An authorization of entry and an easement from the Department of Natural Resources (DNR) for construction and permanent right-of-way acquisition of DNR property will be conducted under Task 5. + Application of Critical Areas Ordinance will be brief. This will include discussions (as applicable) 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 hazardous materials and for the noise analysis. The hazardous materials and noise surveys will be limited to 0.25 mile distance from the road ROW, Task 4 SUBCONSULTANT CH Deliverables: t Draft and final Hazardous Materials technical memorandum + Draft and final Noise Study Report + Draft and final letter to DAHP + Draft and final NEPA ECS submittal documentation + Draft and final SEPA Checklist Exhlbit A-1: Scope of Work Revised., 610412014 Page 15 of 20 TASK 5. GEOTECHNICAL EXPLORATION The SUBCONSULTANT CH will conduct Feld exploration and geotechnical analyses to ascertain subsurface soil conditions for the purpose of developing pavement designs for roadway widening on the west side of Road 68 and the 1-182 WB on ramp, roadway widening on Burden Road (between RD 68 and Convention Place), and roadway widening on the WB 1- 182 off ramp and NB Road 68. Explorations and analyses will also ascertain soil conditions for potential stormwater infiltration/injection. 5.1. Field Explorations and Laboratory Testing The work will include drilling and logging of borings, and laboratory testing to produce information for final geotechnical design of signal poles, luminaire foundations, stormwater infiltration facilities, and pavement section design. Test pits may be added to supplement infiltration facility design information, depending on cost, access and equipment availability. The SUBCONSULTANT CH will mark proposed boring and test pit locations and calls to One -Call for utilities will be made. It is assumed that boring and test pit locations will be located adjacent to existing pavement sections of Road 68, Burden Road, and the 1-182 ramps, and that drilling within existing pavement will not be possible. However this would be preferable for characterizing the existing roadway section. SUBCONSULTANT CH will assess the feasibility of drilling through existing pavement at the time of marking the borings. • It is assumed that SUBCONSULTANT CH will conduct the geotechnical exploration for a period of three days. • SUBCONSULTANT CH will prepare Field Safety Instructions (FSI) to guide CH2M HILL and their subcontractors for field work to be performed. The FSI will be written for site specific conditions and purposes, and will be reviewed by Feld team prior to field work, and kept onsite during field activities. • SUBCONSULTANT CH will advance between 10 and 20 borings, depending on accessibility, and duration of testing within each boring. Boring depths are anticipated to be predominantly shallow (<10 ft.), with a few deeper borings possible (<20 ft). • Information collected from the drilling will help 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 2.5 feet or at stratigraphic changes in soil. An automatic hammer is anticipated for conducting SPTs. Groundwater depths (if encountered) will be noted. Infiltration tests may also be conducted in the boreholes and test pits. SUBCONSULTANT CH will provide equipment and labor to locate the test borings, drill the borings, oversee test pit excavations, and restore the site upon completion. It is assumed that no groundwater monitoring standpipes will be installed. SUBCONSULTANT CH will be responsible for utility checks and vehicular traffic control during drilling operations. Exhibit A-1; Scope of Work Revised: 6/04/2014 Page 16 of 20 • SUBCONSULTANT CH will supervise excavation of up to 5 test pits, depending on accessibility and proposed locations of infiltration facilities. Test pit depthare anticipated to be less than 10 ft. It is assumed that an operator and an excavator or backhoe, and a water truck will be provided by the CITY. Test pits will be utilized to determine soil types and to perform percolation tests at the locations of the proposed stormwater infiltration facilities. Test pits will be excavated, percolation measurements collected, and test pits backfilled prior to leaving the site. • For planning purposes, it is estimated that SUBCONSULTANT CH will perform percolation tests at up to ten locations, either in bore holes or test pits. • It is assumed that a traffic control plan and flaggers will be required for work being conducted off the existing roadways, at locations for drilling and test pits. 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 during drilling. Depths at which groundwater is encountered will also be recorded on the logs. Test borings will be restored to grade to match the existing conditions, including asphalt cold mix if borings are located within existing pavement. 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 16 moisture contents, 16 sieves, and eight AASHTO T 307 (Resilient modulus) tests or equivalent (such as R -value or CBR testing). Laboratory hydrometer tests will also be conducted to refine infiltration facility design parameters, based on soil conditions encountered. 5.2. Pavement Design The SUBCONSULTANT CH will provide HMA and base rock thickness design to support widening on Road 68, Burden Road, and the 1-182 ramps. Pavement design will be performed in accordance with WSDOT and AASHTO Flexible Pavement Design standards and methods (current versions as of execution of this agreement). 6.3. Foundation Design The SUBCONSULTANT CH 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. Exhibit A-1: Scope of Work Revised: 6/04/2014 Page 17 of 20 5.4. Infiltration Facilities Design The SUBCONSULTANT CH will provide geotechnical analyses and recommendations to support design of stormwater infiltration facilities. It is anticipated that drywells will be used for roadway widening. Either falling head or constant head infiltration tests (in accordance with current (as of execution of this Agreement) U.S. Bureau of Reclamation recommended procedures) will be used for field tests, in conjunction with ASTM constant head permeameter tests conducted in the laboratory, in order to support design values of transmissivity and hydraulic conductivity of soils. 5.5.Geotechnical Report SUBCONSULTANT CH will prepare a geotechnical report, summarizing the field exploration, laboratory testing, and geotechnical recommendations for the project. The report will present: • 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 correlations between field observations and laboratory testing with hydraulic transmissivity and conductivity parameters. Quality Assurance/Quality Control (QA/QC) reviews for the geotechnical engineering deliverables will be performed. Task 5 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, and inform SUBCONSULTANT CH of any parcels that cannot be accessed as part of the geotechnical exploration. + It is assumed that an operator and an excavator or backhoe, and a water truck will be provided by the CITY. + Any existing geotechnical reports for past work or adjacent facilities will be provided to the SUBCONSULTANT CH by the CITY, for reference literature. Exhibit A-1: Scope of Work Revised: 8/04/2014 Page 18 of 20 Task S SUBCONSULTANT CH Deliverables: + Draft and Final Geotechnical Report General Scope of Work Assumptions: + The standard of care applicable to CONSULTANT, SUBCONSULTANT CH, AND SUBCONSULTANT BWA 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, SUBCONSULTANT CH, AND SUBCONSULTANT BWA will re -perform any of their respective 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. + CITY will provide topographic survey required to complete the project. CITY will furnish existing Road 68 corridor basemapping data (Degross planimetric data and TIN model generated from the Degross mass points and breakline files). CITY will furnish all supplemental topographic survey work as required to accomplish the project. Supplemental survey will be merged with the existing basemapping data and the existing TIN to provide one complete topographic map and existing ground survey model (TIN). Mapping will be prepared using NAD 83 Washington State Plane Coordinates, and the City of Pasco vertical datum. City of Pasco vertical datum is close to, but not exactly NGVD 1929 datum. Topographic Mapping (AutoCAD 2013) and TIN Model (Civil 3-D compatible .xml) + In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT, SUBCONSULTANT CH, AND SUBCONSULTANT BWA have no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or 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, SUBCONSULTANT CH, AND SUBCONSULTANT BWA makes no warranty that CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from opinions, analyses, projections, or estimates offered by CONSULTANT, SUBCONSULTANT CH, AND SUBCONSULTANT BWA. If CITY 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 Exhibit A-1: Scope of Work Revised! 610412014 Page 19 of 20 and/or execution. These conditions and costlexecution effects are not the responsibility of SUBCONSULTANT CH nor CONSULTANT or SUBCONSULTANT BWA. Exhibit A-1: Scope of Work Revised: 6/0412014 Page 20 of 20 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. 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. hn 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 Re lv ped 00Q9 EF Exhibit 9-1 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. Exhibit E-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Road 68 (Burden Boulevard to I-182) Dual RT SB Lanes. This project will conduct a traffic study to Direct Salary Cost (DSC): Ctasaiflcatlon Man Hou ra Hfig = Cost Principal Engineer 59 X 61.57 $ 3,632.63 Principal Engineer 115 X 57.64 6,628.60 Principal Engineer 8 X 59.92 479.36 Senior Engineer 231 X 3531 8,156.61 Senior Engineer 14 X 44.57 623.98 Transportation Analyst 111 X 30.32 3,365.52 Senior Technician 126 X 35.85 4,517.10 Technician tI 8 X 28.87 230.96 X X —_ X X Total DSC Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 205.17 %x$ Fixed Fee (FF): FF Rate x DSC of 30 %x$ Reimbursables: Itemized Itemized Itemized Itemized Itemized Subtotal (Consultant Total): Subconsultant Costs (See Exhibit G): Grand Total Prepared By: Chris Brehmer DOT Form 140-000 EF Exhibit E1 Revised 1012013 27634.76 UrIATI& 1 $ 27,634.76 56,698.24 8,290.43 120.00 90.00 85.00 25.00 46.00 92,989.43 186,995.00 279,984.43 Date: June 9, 2014 Washington State Ashk �% Department of Transportation Lynn Peterson Secretary of Transportation August 26, 2013 Janette Lennon, Controller Kittelson & Associates 610 SW Alder St. Suite 700 Portland, OR 97205-3608 RE: Kittelson & Associates, Indirect Cost Rate Schedule Fiscal Year End December 31, 2012 Dear Ms. Lennon: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TT . 1-800.833-6388 www.wsdotwa.gov We accept the audit work performed by Deemer, Dana & Froehle related to the Indirect Cost Rate schedule for the above referenced fiscal year for Kittelson & Associates. Our office did not review the work performed by Deemer, Dana & Froehle. The schedule was audited by the Deemer, Dana & Froehle for compliance with Part 31 of the Federal Acquisition Regulations. Deemer, Dana & Froehle accepted an Indirect Cost Rate for the year ended December 31, 2012, at 211.76% of direct labor. Based on the work performed by the CPA, we are issuing this letter establishing Kittelson & Associates Indirect Cost Rate for the fiscal year ending December 31, 2012, at 211.76% (rate includes Facilities Cost of Capital of 0.21 %) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representatives of Kittelson & Associates, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKemey at (360) 705-7003. Sincerely, /J Martha S. Roach Agreement Compliance Audit Manager MR:It Enclosure cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File DEEMER DANA & FROEHLE LLP Certified Public Accountants INDEPENDENT AUDITOR'S REPORT ON THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD Board of Directors Klitelson & Associates, Inc. Report on the Statement We have audited the accompanying Statement of Direct Labor, Fringe Benefits, and General Overhead (hereinafter referred to as "overhead statement" or "the Statement') of Kittelson & Associates, Inc. (the "Company") for the year ended December 31, 2012 and the related notes to the Statement. Management's Responsibility for the Statement Management Is responsible for the preparation and fair presentation of this Statement in accordance with the basis of accounting practices prescribed by Pert 31 of the Federal Acquisition Regulation ("FAR") and certain other Federal and Stale regulations; this Includes the design, Implementation, and maintenance of internal control relevant to the preparation and fairpresentation ofa Statement that Is free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility Is to express an opinion on the Statement based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained In the Government Auditing Standards, Issued by the Comptroller General of the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Statement Is free of material misstatement. An audit Involves performing procedures to obtain audit evidence about the amounts and disclosures In the StatemenL The procedures selected depend on the auditor'sjudgment, including the assessment of the risks of material misstatement of the Statement, whether due to fraud or error. In making those risk assessments, the auditor considers intemal control relevant to the entity s preparation and fair presentation of the Statement In order to design audit procedures that are appropriate In the circumstances, but not for the purpose of expressing an Opinion on the effectiveness of the entity's Intemal control. Accordingly, we express no such opinion. An audit also Includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the Statement. We believe that the audit evidence we have obtained Is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the overhead statement referred to above presents faidy, In all material respects, the direct labor, fringe benefits, and general overhead of the Company for the year ended December 31, 2012 on the basis of accounting described In Note 2. 118 Park of Commerce Drive . Sovannoh, GA 31404 " PO Box 9706 1314121 2905 Promioro Parkway, Suite loo • Duluth, GA 30097 Tr 877.2384000 n P12.230-1001 r 912.230.1701 T9 800852.6075 P 770.4984400 f 770.498.1d19 Kiltelson & Associates, Inc. Page Two 6asls of Accounting We draw attention to Nate 2 of the Statement, which describes the basis of accounting. The accompanying Acquisition Regulation ("FAR") and certain otherFederal and State regulations, which overhead statement was prepared on a basis of accounting practices prescribed by Part 31 of the Federal is a basis otacoounting other than accounting principles generally accepted In the United Stales of America. Our opinion Is not modified with respect to this matter. Other Matter In accordance with the Government Auditing Standards, we have also Issued our report dated April 26, 2013 on our consideration of the Company's internal control over financial reporting as It relates to the Statement and on our tests of Its compliance with certain provisions of laws, regulations and contracts, Including provisions of the applicable sections of Part 31 of the Federal Acquisition Regulation. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed In accordance with Government Auditing Standards and should be considered In assessing the results of our audit rU..QP,mpt Duluth, Georgia April 26, 2013 Deemer Dana & Froehle LLP, Centfied Public Accountants Deemer Dana & Fmehle Lig Certified Public Acmuntan(s KrrnELSON It ASSOCIATES, STATEMENT OF DIRECT LABOR, FRINGE BENEFITS,IAND GENERAL OVERHEAD December 31, 2012 Peaeri lion General Ledger unallowable FAR o%of Balance Costa Reference Audited Direct Labor DIRECT LABOR 5 6,477,0D4 $ S 6,477.004 FRINGE BENEFITS: -T• Paid lime a6 Payroll texas S 1,257,392 S 4 1,257,382 w9ficara compensation 049.687. 86,147 948,887 Retirement plan expense 1765,996 _ 5,147 Bonuses 881.706, 1,7555,906 Employee group Insurance 121.810 881,706 121.61Q Total Fringe Banalils 5,034,749 6,034,744 77,73% GENERAL OVERHEAD: Indeed labor 4,384,726 406,964 (1) 31.205.1 3,975,742 Compularexpe"a 681,245 (13) 31.2051 ConlerancsstsamineroNelning 93,817 661,245 Depreciation and emonizalion 319,013 _ 93,817 Gonsmllprofesslonal 319,013 nobility Insurance 226,967 Pmfesalonal Salutes coats 525,142 114,010 (14) 31.20627 22886'7 411,132 Plaleasiansl regislrallonNdusal (1) 31205.1 subscriptions Taxes a licenses 89,861 9,227 (9) 31.205.22 60,834 Office suppliepplics 82,932 6,417 (6) 31.20616 76,515 Payroll Processing107,297 13,310 (1) 31.2061 93,997 PoalPrinli gImpr pingtdellvery 16,629 54,440 2,326 (1) 31.206.1 18,829 52,122 Recruitment oxpansa expense 71,307 14,177 44,713 (1) 31.205.1 26,594 Losses Lenrut 24,000 300 (1) 31.205.1 13,877 poodles ias antl maintenance 11540,688 10,016 (14) 31.205.27 24 11D0 1,539,670 Tolophs munielle Talephonalpommunlcadgin 82,182 400,759 - 62,192 TravalllronsponelloNlod9ing 525,098 70,720 (1) 31.205.1 400,758 454,379 VehAduetVaInle panae 80,732 7,768 ((1)) 6 31.2061 72,866 0 Relocation 263 263 (1) 312061 Bad debt expense 39,143 90,000 80,000 (2) 31.20" 39,143 Bank service charges Contributions 19052 1 311.2115-3 9,785 Company sponsored activities 58.086 58,086 58,0 6 (3) 31.2068 ee Employee Welfare 54,56 68,616 54,505 (5) 31.205.14 (4) 31.205.13 Internal expense 67,545 07,545 (6) 31.205.20 _ Glfla (e) 31.20615 Meals and enlerlainmenl 8,100 1110,537 8,100 74,586 (1) 31.205.1 (5) 31.205.14 105,951 (1) 31.205.1 (10) 31205-06 Olflcer'a Ilfa Insurance 15,786 19,78fi (12) 31,2D1.2(d) (7) 31.205.19 Management fee (105'78x) - State Income texas 29,536 22,322 (11) 31.205-41 (106,702) 7,214 Total General overhead 9,019,395 1,161.867 8.657,529 133,82% TOTAL INDIRECT COSTS 514854,135 51,151087 513�70225�8 217.55% Facilities Capital Cost or Mangy 5�13420 021% See accompanying notes. 3 Deemer Dana & Fmehle Lig Certified Public Acmuntan(s KITTELSON &ASSOCIATES, INC. DESCRIPTION OF FAR REFERENCES AND OTHER AUDIT ADJUSTMENTS December 31, 2012 (1) 31.205.1 Public relations and advertising costs are unallowable. (2) 31.205.3 Bad debts expense and associated legal costs are unallowable. (3) 31.205.8 Contributions and donations are unallowable, (4) 31.205-13 Employee morale costs are unallowable. (5) 31,205-14 Costs of amusement, diversions, social activities, and any directly associated costs are unallowable. (6) 31.206.16 Penalties and fines are unallowable. (7) 31.205-19 Key Man Life Insurance premiums ere unallowable. (B) 31.205-20 Interest on borrowings and other financial costs are unallowable. (9) 31.205.22 Lobbying and political costs are unallowable. (10) 31.205.46 Travel costs In excess of the Federal Travel Regulations are unsflowabfe. (11) 31.205-41 State and local taxes paid are allowable. (12) 31.201.2(d) Expenses not supported by proper documentation are unallowable. (13) $1.205.6 Compensation In excess of allowable limits Is unallowable. (14) 31.205.27 All expenditures In connection with planning or executing the organization or reorganization of the corporate structure of a business, Including mergers and acquisitions, or raising capital are unallowable. 4 Deemer Dana & Fmehle LU; Certified Public Accountants KITTELSON & ASSOCIATES, INC, NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD December 31, 2012 NOTE 1. DESCRIPTION OF THE COMPANY AND ITS ACCOUNTING POLICIES Killelson & Associates, Inc. (the "Company") was organized in 1885 under Oregon law and made an election under SubchapterS of the Internal Revenue Code, wherein all Income and expense Items are passed through to stockholders and reported on their respective individual Income tax returns. The Company pays any state composite lax due and any built In gains lax related to an acquisition. The Company's principal business activities are transportation planning, engineering, and research services for clients In both the public and private sector, The Company maintains its accounting records on the accrual basis for financial reporting, while using the cash method of accounting for Income tax purposes. The audited Statement of Direct Labor, Fringe Benefits, and General Overhead has been prepared on the accrual basis. The Company has offices In eight states. The audited Overhead rate Is a unitary rate for all offices and disciplines, Direct project costs are Included In Project cost records, The Company maintains a job -order cost accounting system for the recording and accumulation of costs Incurred under its contracts. If applicable, direct costs incurred in providing services billed to clients an the basis of a published fee schedule are charged by func0onal accounts and accumulated as a single project or grouping to allow segregation of such costs from other direct costs. Each project Is assigned ajob number so that costs may be segregated and accumulated In the Company's job -order cost accounting system. The allocation basis for indirect costs Is direct labor. In-house costs such as computers, equipment, and computer software programs are Included In the firm's overhead rale. The Company has separate expense accounts for sub -consultants and reproduction costs that are project related. Other Direct Casts ("ODCs") ere consistently charged to projects, regardless of whether the ODCsare billable under the contracts. ODCs that are charged 10 projects Include but are not limited to sub -consultants, travel, and postage. The Company's method of estimating costs for pricing purposes during the proposal process Is consistent with the accumulation and reporting of costs under its job order cost accounting system. NOTE 2. BASIS OF ACCOUNTING The Company's statement was prepared on the basis of accounting practices prescribed in Part 31 of the Federal Acquisition Regulation ("FAR"), Accordingly, the Statement of Direct Labor, Fringe Benefits, and General Overhead Is not intended to present the results of operations of the Company in conformity with generally accepted accounting principles. NOTE 3. LABOR RELATED COSTS The Company distributes labor costs to direct projects for all employee classifications. Overtime premium costs are Included In indirect costs. The Company did not pay certain salaried employees For time worked in excess of 40 hours per week. The time In excess of 40 hours Is credited to the Indirect cast pool. Deemer Dana & Froehle LLP, Ceritlied Public Accountants Certification of Final Indirect Costs Firm Name; irittelson 6 Associates, inc. Indirect Cost Rate Proposal: 211.5st Date of Proposal Preparation (mnVdd/yyyy): 4/27/2013 Fiscal Period Covered (mm/dd/yyyy to mmiddlyyyy): 1/1/12-12/31/12 1, the undersigned, cattily that t have reviewed the proposal to establish final Indirect costmles for the fiscal perlod as apec8/ad above and to the best of my knowledge and be/lef.- 1.) All costs Included /n this proposal to establish Ane, Indirect cost rates are allowable In sccords nce with the cost pdncioles of the Federal Acquislbon Regulations (FAR) of tills 48, Code of Fsdeml Regulations (CFR), pad 31. 2.) This proposal does not include Only costs which are expressly itnel/oweble under the cost pdncfples of the FAR of 48 CFR 31. All known materia/ transactions or events that have occurred affecting the Arm's ownership, organ/zeAon and Indirect Cost rates have been disclosed. Signature; Name of Certifying Oficial, (Print): La soca A. van Dyke Title: Chief Financial Officer Date of Certification (mm/ddtyyyy): 6/7/13 'The 'Certifying Official' must be an Individual executive or financial officer of the firm at a level no lower than a Vice President or Chlef Financial Officer, or equivalent, who hes the authority to represent the financial information utilized to establish the Indirect cost rate for use underAgency contracts. Ret. FHWA Directive 4470.1A available on line at: bttP'/twWw.fhwa.doL.qDvAa—qsregs/cflrectiveplord,3m/44701a.htm O/H Certification; Nov 2010 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: RernardD I Wilbz ArC}1iteCtC PC will pri u'do. seryireg As specified in Exhihit1 ScopP_nf nri- DOT Form 140-088 EF Exhibit G Revised 6/05 City of Pasco, Washington Exhibit O.1 Road 68 Dual SB RT Lanes Project CH2M HILL Labor Hours (See Attached Labor Summary) 1372 $56,211.28 Direct Salary Cost $56,211.28 Overhead Cost @ 111.71 % of Total Direct Salary Cost $62,791.93 Fixed Fee @ 30.0% of Total Direct Salary Cost $16,663.38 Total Overhead 8. Fixed Fee Cost $79,655.32 Total Labor Cost $135,866.60 Direct Expenses Reproduction Cost No. Each Cost Reports 0 $0.05 $0.00 Misc. copies 0 $0.05 $0.00 Reprographics 8 $40 $320.00 Mail/Deliveries/etc. 2 $15 $30.00 Mileage 1,130 Mi. @ $0.555 /Mile $627.15 Auto Rental/Gasoline 4 days @ $85 /day $340.00 Lodging 1 days @ $150 /day $150.00 Aerial Photographs 0 $0 $0.00 Travel Total (airfare, train, etc) 2 $600 $1,200.00 Equipment Rentals, EDM, GPS 3 $166 $498.00 Parking 1 $25 $25.00 PerDlem 5 days @ $150 /day $750.00 Drilling 1 $15,000.00 $15,000.00 ExcaystingITest Pit 1 $1,000.00 $1,000.00 Materials Lab 1 $3,500.00 $3,500.00 Total Expenses $23,440.15 Total Lurnp Sum Price (Labor, Expenses) $159,307 Paye 1 of 3 LABOR SUMMARY BY TASK Task CH2M HILL Hours CH2M HILL Labor Expense Total Overall Total TASK 1- PROJECT MANAGEMENT AND COORDINATION 102 $11,548 $435 $11,983 TASK 2 -TRAFFIC STUDY 18 $1,923 $0 $1,923 TASK 3 - ROADWAY DESIGN (SB Road 68 to EB 1-182) 778 $73,316 $85 $73,401 TASK 4- ENVIRONMENTAL DOCUMENTATION AND PERMITTING 282 $28,420 $1,499 $29,919 TASK 5- GEOTECHNICAL INVESTIGATIONS 192 $20,660 $21,421 $42,081 Total 1372 $135,867 $23,440 $159,307 ROAD 88 (BURDEN ROAD TO I-182) BernardoWls Fee Proposal 6Jun-14 EXHIBIT G-1 [Grand Total 27 37 Job Title Rate per Hour I 1.1.1 Kick off MeetinglSlto Investigation (in Pasco$728.80 Task t Lum S.11-- umLandscape LandscapeArchitect 111 $90.85 Task $75912 1 101 Coord Meetings assume 6 mt 2htlmt is CH office s, 8 fi Word Processor $50.96 $546.10 1 $569.34 Subtotal Hours Resident Engineering and lna ¢clian TBM wIt�T. E. Note: Does not Include standard reimbursibles,travel, brunnicu. loal TSM wl N.T.e. meals. reorbareohics. BWA Rales I $90.85 $94.89 1 $90.85 5$0.69 51,271.110 21,128.48 50.00 50.00 $1,271.80 $1328.48 Task tal Task Total tProject Management and Coordinati40 E2660 Landsca a and Irrigation Plans - 30% $0.00 $0,00 3,1.1 Lan4sca a lens 36 6 $3,27060 $569.34 3.3 0 Inion or Cost __ 7 2 $635.95 $189.76 3.4 ___ Submittal QA/QC Revlewe 1 _ 4 $90.85 _ §379.58 Design S 1 - $90,85 $0.00 Landscape and Irrigation Plans. 60%$0.00 $0.00 3.1.7 Lentlsca plans 36 7 $3270.60 84.89 3.2 Prepare Specifications 15 5 Si 362.75 $474,46 3.3 Opinion of Cost 4 2 $189.78 3.4 Submittal QA/QC Reviews 2 1 $181.70$94.89 Design Submittal 1 $90.86 $0.00 Landscape and Irrigation Plane .95% $0.00 lial 3.1.1 Plana landscape plains 8 details 36$3,270,80 $0.00 3.2 Prepare Specifications 8 2 $726.80 $189.78 3.3 0 Inion of Oosl 2 1 $181.70 $94.89 3.4 Submittal QA/QC Reviews 1 2 $90.85 $169.78 Deal Submittal 1 $Waft $0.00 Landscape and Irrigation Plane .100% $0.00 $0.00 3.1.1 Plans landscape plans 8 details 16 $1,453.50 $0.00 3.2 Pre era 6 edOcaOons 8 7 $728.80 $94.89 3.3 Opinion of Coat 4 1 $363.40 $94.89 3.4 Submittal Ql Reviews 1 4 $90.86 Design Submittal 1 $90.85 _$379.56 $0.00 Subtotal Hours __ 0 0 181 32 ____ eWA Rates __ $90.85 $94.88 $90.85 $94.89 Subtotal Cost 50.00 1 $0.00 $16,443.86 $3036.48 518,40.1.86 $3036.46 Tack 1 Total SB Road 66 to EB I-182 $19480 Landscape and Irrigation Plans -30%__ 5000 $0.00 4.1.1 Landsca plans 3 3 $272.55 $284.67 4.3 Opinion of Coat 1 2 580.85 $189.78 4.4 Submittal QA/QC Reviews 1 2 $90.85 $189.78 Desi n 6ubmlltal 1 $90.85 $0.00 nd Candace a aImi aHon Plana -80% $000 $0.00 4.1.1 Landscapal plans 4 3 $363.40 $284.87 4.2 Prepare Secifcations 7 - 2 $90.85 $189.78 4.3 O inion of Cosl 1 2 $90.85 $189.78 4.4 Submittal QA/QC ReNew9 1 1 $90,85 $94,89 Desi n 6ubmittal 1 $90.85 $0.00 Landsci and IM anon Plane -95% $0.00 $0.00 4.1.1 Landsca e/Im 1en98daGllls 4 3 .$383,40 $284.87 4.2 or are s cifications 1 1 $90.85 _ $94.89 4.3 _ 0 inion of Cosi 1 2 $90.85 $189.78 4.4 Submittal Q& Reviews 7 1 $90.65 $94.89 Design Submittal 1 $90.86 $0,00 Landscape and lin rtion Plans -100% , $0.00 _ _ s0.00 4.1.1 Landsca egrin plans B detail! 3 2 _ $272.56 $189.78 4.2P re are S ed9rstions 1 2 $90.85 $188.78 4.3 Olnlon os Cosl 1 1 $90.65 .$84.89 4.4 Submittal QAIQC Reviews 1 1 $90.65 $94.89. Design Submittal i $90.85 $0.00 Subtotal Hours 0 0 29 28 BWARates $90.85 $94.89 $00.85 $94.89 Subtotal Cost $0.00 $0.00 $2,616.86 22,658.92 2,834.86 S2 .52 Task 4 Total O P tlonal WB BURDEN$oad TO SB Road 68 56,292 [Grand Total 27 37 Job Title Rate per Hour Landscape Architect, Manager $94.69 Task t Lum S.11-- umLandscape LandscapeArchitect 111 $90.85 Task Unto Sum AutoCad Desginer $59.75 Task 3 Lumo sunt Word Processor $50.96 Construction Administration Resident Engineering and lna ¢clian TBM wIt�T. E. Note: Does not Include standard reimbursibles,travel, brunnicu. loal TSM wl N.T.e. meals. reorbareohics. CH2M HILL, INC. (A Wholly Owned Subsidiary of C1 12M HILL Companies, Ltd.) Schedule of Federal Acquisition Regulation Compliant Indimel Cost Rale CH2M HILI. Home Office Indirect Rate Year ended December 31,2012 Comments: I. Unallowable costs removed per the Federal Acquisition Regulations (FAR) Pan 31. 2 Postmtimrant henemsadjusrraenlsper the FAR and llm Cost Accounting SlandaNs(CAS). 3. Pension and disability cost adjustments per the FAR and the CAS. 4. Adjusm nit to reverse mrronivation of deferred gain on sale Denver o1Rea 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 smliates, per FAR 31.201-5. 6. Holding company allocation from Cl 12M HILL Companics, Ltd. 7. Allocation from Cld2M HILL Group Management Home 0111ce. I. Adjustment for FAR compensation hairs. 9. Adjustment to remove unallowableitualaimed projects. 10. Adjustment to remove fringe benerits allocated In unnllnwnhlelnncloimed prnjncts H. Adjustment to reclassify overhead wantonly costs to direct per CAS disclosure statement. 12. Adjustment to self-insured profiesslonal liability to align to projected average losses per CAS 416. 13. Adjustment of self-insured workars'compensation costs to projected average loss per CAS 416. 14. Indirxt costs are allocated between Field and Home Of m(note 12). 15. Adjustment made to remove banked incentive cmnpenwtion and replace with actual incentive compensation paid 16. Adjustment to annealed occupancy costs based on actual usage. 17. Adjustment to allocated information technology costs bash on actual ussge. 18. Adjustment of allocated Talent Acquisition Deployment Center(TADC) to actual costs incurred. 19. Direct assigned costs from other CH2M HILL entities. 20. Fac ihties capital cost or money rate is not applicabic to the Field Of loo indirect cost rate. Sec accompanying notesto Schedulas of Federal Acquisition Regulation Compliant Indimet Cost Rates. General Total ledger Adjustments claimed Comments Payroll tons and fringe benefits. Payroll taxes S 33,656,069 658,515 34,314,524 13,14 Vacation, holiday, and sick pay 50,973,960 (79,711) 50,894,249 1,14 Group insurance and miscellaneous 40,643,055 (52,934) 40,590,121 L 2, 3, 14 Pension plan 10,856,749 (372,071) 10,464,678 3,14 136,1K 73 _ 153,799 136,263,572 General and administrative expenses: Indirect saloons 147.449,154 (98 33) 147445311 11.14 Incentive and retirement pay 31,252,931 (12,192,118) 19,060,813 3,8,14,15 Buildings and equipment 91,658,870 7,068,044 98,726,914 4, 5, 14, 16 Taxes, licenses, and insurance 48,193,764 (33,60$407) 14.585,357 1,3,12.13,14 Professional services (22,187,863) (661,588) (22,849,451) 1,5,11,14 Travel and subsistence 11,795,759 (2,757,382) 9.038,377 1,14 Office supplies 6,815,003 848,388 7,663,391 1,11, 14 professional education 3,458,706 (785,304) 2.671107 1.14 Recruiting costs 1,966,383 (2,146,581) (180,196) 1, 14, 18 Printing and computers 688,376 — 688,376 14 home office and intermediate allocations (67,125,717) (77,855,002) (144,980,719) L 5, 6, 7, 9, 10, 14, 16, 17, 18. 19 253,965368 _(122,093,788) 131.871.580 Total indirect expenses S 390,075,141 .(121,939,989) _268,175,152 Direct labor costs (base) S 240,760,606 11 Indirect cost rate 111.4 0 Facilities capital coat ofmoney mte(note 9) 8307% 20 Comments: I. Unallowable costs removed per the Federal Acquisition Regulations (FAR) Pan 31. 2 Postmtimrant henemsadjusrraenlsper the FAR and llm Cost Accounting SlandaNs(CAS). 3. Pension and disability cost adjustments per the FAR and the CAS. 4. Adjusm nit to reverse mrronivation of deferred gain on sale Denver o1Rea 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 smliates, per FAR 31.201-5. 6. Holding company allocation from Cl 12M HILL Companics, Ltd. 7. Allocation from Cld2M HILL Group Management Home 0111ce. I. Adjustment for FAR compensation hairs. 9. Adjustment to remove unallowableitualaimed projects. 10. Adjustment to remove fringe benerits allocated In unnllnwnhlelnncloimed prnjncts H. Adjustment to reclassify overhead wantonly costs to direct per CAS disclosure statement. 12. Adjustment to self-insured profiesslonal liability to align to projected average losses per CAS 416. 13. Adjustment of self-insured workars'compensation costs to projected average loss per CAS 416. 14. Indirxt costs are allocated between Field and Home Of m(note 12). 15. Adjustment made to remove banked incentive cmnpenwtion and replace with actual incentive compensation paid 16. Adjustment to annealed occupancy costs based on actual usage. 17. Adjustment to allocated information technology costs bash on actual ussge. 18. Adjustment of allocated Talent Acquisition Deployment Center(TADC) to actual costs incurred. 19. Direct assigned costs from other CH2M HILL entities. 20. Fac ihties capital cost or money rate is not applicabic to the Field Of loo indirect cost rate. Sec accompanying notesto Schedulas of Federal Acquisition Regulation Compliant Indimet Cost Rates. BernardolWills Architects, PC Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title Direct Labor Fringe Benefits Holiday & Paid Time Off Employee Insurance (Medical, Dental, LTD) FICA FUTA Worker's Comp Insurance State Unemployment Bonuses Total Fringe Benefits General & Administrative Overhead State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Total G & A Overhead Allowable Amount $ 1,001,485.00 FY 2013 % of Direct Labor 100.00% $ 157,737.00 $ 201,000.42 $ 97,411.53 $ 22,771.28 $ 8,090.15 $ 29,274.20 $ 176,551.00 $ 692,835.58 69.18% $ 81,497.45 $ 54,140.56 $ 228,557.76 $ 12,028.10 $ 4,152.22 $ 932.00 $ 18,035.11 $ 23,040.14 $ 53,741.70 $ 3,311.68 $ 300,000.00 $ 108,294.21 $ 41,908.71 $ 929,639.64 92.83% Total Overhead (General & Fringe) $ 1,622,475.22 Overhead Rate (Total Overhead/Direct Labor) 162.01% Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations 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 Rotor 949008 EF Exhibit M Ravised 0/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (S) 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 Forth 140.009 EF Exhibit I R"sed 0/0S 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 errors) 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 6106 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 I — 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 Fort 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. LA8322 Local Agency City of Pasco I hereby certify that I am Christopher L Brehmer and duly authorized representative of the firm of Kittelson & Associates, Inc. whose address is 610 SW Alder, Suite 700 in Portland, Oregon 97205_ and that neither I nor the above firm I here represent has: (a) Employed or retained for a conunission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any 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. �uuF 9, 2c\t —_ Date DOT Form 140-089 EF Exhibit M.1(a) Revised e/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency 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. i' atee r _ _ ure'� DOT Forth 140-089 EF Exhibit M -1(b) Revised 6/05 Exhibit MI -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, tbeft, 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. Il. 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): Kittelson & Associates, Inc. 9'p (Data) DOT Penn 140-089 EF Exhibit M-2 Revised 870a (signaident or Authon�l of Consultant 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: 1.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): Kittelson & Associates, Inc. (Dale) DOT Form 140,089 EF Exhibit W Revised 6/06 (Signature) loibsident or or Authorized f Consultant