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15-043.00 Transpo Group: ITS Infill Ph 1
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 15-043 Does this Require DES filing? ❑ Yes ❑I No Firm/Organization Legal Name(do not use dba's): Transpo Group USA, Inc. Address Federal Aid Number 11730 118th Avenue NE, Suite 600 CM-1223(003) UBI Number Federal TIN or SSN Number 603258009 REDACTED Execution Date Completion Date 5/7/2015 12/31/17 1099 Form Required Federal Participation ❑ Yes Q No ❑� Yes ❑ No Project Title ITS Infill-Phase 1 Project Description of Work See attached April 20,2015 Transpo Group Exhibit A Scope of Services,Fee& Schedule This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. ❑ Yes % 0 No DBE Participation Total Amount Authorized: $38,000 ❑ Yes % 0 No MBE Participation Management Reserve Fund: $2,000 ❑ Yes % 0 No WBE Participation Yes % Maximum Amount Payable: $40,000 ❑ Q No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1)of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY," and the "Firm/Organization Name"referenced on page one (1) of this AGREEMENT, hereinafter called the"CONSULTANT." WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work"on page one (1) of this AGREEMENT and hereafter called the"SERVICES;" and 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; and WHEREAS,the CONSULTANT represents that they comply 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 SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. 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 State,Federal, 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 SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 4/10/2015 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended,but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. 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— Preparation and Delivery of Electronic Engineering and other Data." 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 these SERVICES, 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 SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Craig Aldworth, PE Name: Mike Swenson, PE Agency: City of Spokane Valley Agency: Transpo Group USA, Inc. Address: 11707 E Sprague Ave. Suite 106 Address: 11730 118th Avenue NE, Suite 600 City: Spokane Valley State: WA Zip: 99206 City: Kirkland State: WA Zip: 98034 Email: caldworth@spokanevalley.org Email: mike.swenson@transpogroup.com Phone: 509-720-5001 Phone: 425-821-3665 Facsimile: 509-688-0261 Facsimile: 425-825-8434 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. This AGREEMENT may require filing with the Department of Enterprise Services (DES) pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin,nor payment made until ten (10) or more working days following the date of filing, and, until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "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, 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. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E"and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW)Labor Costs: The Direct(RAW)Labor Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits"D" and "E" of this AGREEMENT. Total ICR payment shall be based on.Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six (6)months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel,printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with the WSDOT'Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air,train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 4/10/2015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish a MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. 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 MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW)Labor,Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E,plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar 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)working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 4/10/2015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)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 AGREEMENT is initiated before the expiration of the six (6)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest 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 this 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 Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 4/10/2015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a 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 this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" 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 with or without cause 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 for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES 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 in paragraph two (2) of this section,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. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 4/10/2015 date of termination, whether that SERVICE 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 SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES 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 in paragraph two (2) of this section. 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 its employee's fault 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 and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days 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 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." In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this 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 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. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 4/10/2015 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or inventions resulting from STATE and/or the AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY,their agents, officers and employees by the CONSULTANT,their agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or 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. This waiver has been mutually negotiated by the Parties. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 4/10/2015 Unless otherwise specified in this 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 this 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 insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this 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: Name: Craig Aldworth,PE Agency: City of Spokane Valley Address: 11707 E Sprague Ave. Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: caldworth@spokanevalley.org Phone: 509-720-5001 Facsimile: 509-688-0261 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, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the • authorized AGREEMENT amount or one million dollars ($1,000,000.00),whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 4/10/2015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order,make changes within the general scope of this 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 SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of this 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 this 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 this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "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. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 4/10/2015 XVII. 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 a supplement to this AGREEMENT. XVIII. 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 AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers,medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge,publish,transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection,review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include,but is not limited to, salting databases. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 4/10/2015 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESI"),that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT 's, appraisals,plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries,notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays,photographs, minutes of meetings, Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 4/10/2015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded,written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones,thumb drives, CDs,DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. 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. 5/7/2015 Signature Date LIL t ' ____ Signature / D to Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 15-043 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 4/10/2015 Exhibit A—Scope of Services, Fee & Schedule Client Name: City of Spokane Valley Project Name: Infill ITS—Phase 1 Project Exhibit Dated: May 7, 2015 TG: 14122.PR Scope of Services: N Pines Road ITS Improvements Introduction The proposed scope of work detailed below is based on discussions with the City. This scope of work consists of preparing Plans, Specifications, and Estimate (PS&E)documents for the ITS and signal system components along Broadway St, Fancher Rd, Sprague Ave, and University Rd in compliance with the ITS Strategic plan. The corridor and limits of the project are detailed in the scope of work below. Scope of Work The following presents Transpo's (consultant)general work program for ITS PS&E design. The proposed work scope includes the following four primary work elements: • Task 1 —Project Assessment o 1.1 — Utility Coordination • Task 2—ITS Design o 2.1 —Data collection and base map development o 2.2—50% Engineering Design o 2.3—95%/Ad-Ready Engineering Design and PS&E Package • Task 3—Project Administration Extra Services (currently not included in this scope of work) include Surveying, Geotechnical engineering, Environmental NEPA/SEPA Support Services, Right-of-Way Evaluation or Acquisition, Rail Coordination, and Construction Support Services. Project Limits: Along corridors as identified on the map provided on Attachment A. Schedule We propose a project schedule of five months to complete the above work from the time of receiving the Notice to Proceed (NTP). This includes all meetings and review times. Review times are estimated at 2 weeks per review. Stakeholders meetings will be negotiated separately, if needed. 14122.PR 1 05/07/2015 Task 1 - Project Assessment 1.1 - Corridor Assessment & Design Plan Review The purpose of this subtask is to conduct a detailed inventory of conduits and junction boxes for the purpose to identify potential conflicts on the corridor and the interconnect routes. As part of this subtask, Transpo Group will facilitate a predesign meeting with project stakeholders including but not limited to City and WSDOT staff. The objective of the predesign meeting will be to gain consensus on the project outcomes and identify anticipated coordination efforts, especially for the ITS communication system interfaces to enable connectivity to SRTMC and connections at the 1-90 interchanges. Transpo will also facilitate a design review meeting with the same project stakeholders after the 50%comments are received. Both meetings will be conducted via teleconference. Additional meetings with key stakeholders will occur per the City's request. These meetings are not covered by this Scope of Work To be furnished by City: • Location of existing communications lines and existing conduits runs • Existing as-builts for signals and ITS corridors within defined projects limits • Existing GIS base mapping with existing right-of-way limits and street features (i.e. channelization, curbs, sidewalks, and pavement limits) in AutoCAD format. Deliverable: • Summary memo of corridor evaluation 1.2— Utility Coordination Transpo will coordinate work with the utility companies to address any conflicts during the design. Typically, the utility companies will provide as-builts or mark locations in the field. Transpo will contact the utility locator(811-Number)to obtain plans and field locate markings.After the completion of the utility locates, Transpo will conduct field reviews at locations where excavation for new ITS devices or conduits are expected to occur to identify any potential conflicts with the existing utilities. Transpo will identify any conflicts with the proposed design and will propose alternatives to the City. This subtask does not include any utility relocation design or surveying. Deliverables: • Recommendations memo at locations requiring conduit installation. Assumptions: • All right-of-way limits will be provided by the City. • All necessary R/W partial takes or construction easements will be coordinated by the City and is not included in this scope-of-work. • The City will be responsible for all coordination with Rail operators within the project limits, where required by the project. Task 2 - ITS Design Purpose: The main objective of this project is to provide infill ITS improvements for intersections as described by the Connected Signals on Attachment A. The design corridor improvements are to include new conduit route(as needed), new fiber optic communications, and network equipment. The project limits and proposed improvements are outlined below. The potential ITS improvements for this corridor include but are not limited to: 14122.PR 2 05/07/2015 A. Fiber Communication System and networking equipment upgrades for approximately 2.3 miles. Fiber infrastructure will be determined with the City after field investigation and using the City's ITS strategic plan. B. Conduit installation from along the following sections: 1. Broadway Ave for approximately 250' between Heacox Ave and WB 1-90 ramps (trenched conduit). 2. Beneath the railroad crossing at approximately Fancher Rd and Main Ave 3. Broadway Ave for approximately 250'west of Thierman Rd (bored conduit). C. A total of four new Signal Controllers will be connected to the communication and Ethernet Switches. Intersections include: 1. Broadway Ave & Fancher Rd 2. Broadway Ave & Park Rd 3. University Rd &8th Ave 4. University Rd & 16th Ave D. Identify connection point and location of fiber termination cabinets. Assumptions: • This project does not include the installation of new CCTV cameras, count stations, or ITS cabinets. The following subtasks are proposed: 2.1 - Data Collection and Basemap Development Transpo will work with the City of Spokane Valley to assess the conduit along the project corridor with the detailed inventory. Transpo will incorporate base map information available from the City—including both intersection/road projects and utility projects where spare conduits have been installed. Transpo staff will then walk the corridor with City staff to verify the location of the junction boxes accessing the spare conduit, if any. The base map will identify information required for the contractor to successfully locate the proposed improvements. This may include the location of existing right of way, roadside features (including curbs, sidewalks, planters strips, trees,junction boxes, etc.), and major traffic signal equipment. Existing as-builts and project data provided by the City will be used. Underground utilities will only be located in areas where construction work is anticipated to be required along the corridor, based on preliminary engineering. Deliverable: • Updated electronic basemap in AutoCAD format. To be furnished by the City: • The City will furnish all CAD basemaps for use on the project. Where CAD files are not available, the City will furnish geo-referenced aerial photographs that will be used for plan development. Assumptions: • Transpo will superimpose ITS features using City-provided CAD files and aerial photographs. Transpo will not develop CAD line-work for roadway features such as sidewalk, channelization, curb, gutter and traffic signal fixtures, with the exception of traffic signal cabinets and junction boxes.. 14122.PR 3 05/07/2015 i __ 2.2 - 50% Engineering Design This subtask will focus on the development of a preliminary(50%)engineering design for the ITS elements described earlier. The base maps prepared in the previous task will be used to prepare the preliminary engineering drawings for the proposed ITS system project. The preliminary(50%)engineering drawings will show general location of existing and proposed equipment with construction notes and preliminary layout of restoration items such as roadway, sidewalk and landscaping. No wiring details and/or schedules will be prepared at this stage. This deliverable will also include a set of temporary traffic control plans that will accompany the anticipated roadway facility closures,or detours. 50% plans will be submitted for review and comment by the City. The cost estimate will be prepared and show list of bid items, unit costs, and quantities. Note that signal design and roadway improvements such as channelization are not included in this scope of work. Deliverables: • Preliminary(50%)engineering ITS plan drawings, including traffic control plans. • Engineer's 50% opinion of cost. • Five copies of the plans, 11x17 size in pdf format. To be furnished by the City: • Coordination, review, and summary of Agency reviews to meet schedule 2.3 - 95%/Ad-Ready Engineering Design This subtask will develop 95% design documents including plans, specifications, and estimate for the ITS elements detailed in the 50% engineering design task above. The City comments from the 50% engineering design review will be incorporated into the 95% design. The 95% design shall include: equipment plans layout, construction notes, restoration of roadway, sidewalk, and landscaping, erosion control, temporary traffic control, wiring details, fiber optic splice diagrams, details sheets, details of non-standard design features, specifications, and estimate. Plans, specifications and cost estimate will be submitted for the City's review. Following comment review, Transpo will incorporate all City and comments and provide an ad-ready PS&E package. Special Provisions: Contract documents, required FHWA Division 1, amendments, Division 2-9, standard drawing details, wage rates. Deliverables: 95% • 95% engineering ITS design plans, specifications, cost estimate, and bid item list. • Temporary traffic control plans. • Responses to City's 50% review comments • Five copies of the plans, 11x17 size in pdf format. Ad-ready • One ad-ready set of PS&E documents • One copy of drawings on CD or DVD in .pdf and Autocad format, and reproducible specifications and cost estimate. • Five copies of the plans in 11x17 size format. • Responses to city's 95% review comments. To be furnished by the City: - Coordination, review, and summary of Agency reviews to meet schedule 14122.PR 4 05/07/2015 Task 3 — Project Administration This task includes attendance and participation in project meetings, ongoing communication with the project team, monthly invoicing and progress report preparation and internal project management and oversight. Progress reports and invoices will inform the City regarding project budget status, work accomplished for the billing period, money spent for the billing period, and work to be completed for the next billing period. Any issues requiring the City's attention would also be raised. Quality Control. Transpo will follow our quality control (QC) process to ensure the plans have been independently reviewed prior to submittal. The process will include provisions for checking calculations, plans, specifications and design reports and ensure comments received from the City are incorporated in the plans as agreed upon. The main objective of this task is to ensure the project is completed on time and within budget based on the scope of work. • Track schedule adherence • Track budget expenditure • Prepare and submit progress reports and invoicing. Invoices shall include the following information: i. Expenditures to date ii. Current invoice amount iii. Remaining budget • Internal resource allocation for the project • Quality control and review Deliverable: • Up to Two (2) project meetings; monthly invoices and progress reports • One meeting for 90%comments resolution. 50% comment resolution will be via email 14122.PR 5 05/07/2015 Design Assumptions Included are additional design assumptions that supplement the other design assumptions listed in the scope of work above: • This project will have approved environmental review and does not need additional environmental support other than the submitted checklist. • The design intent is to stay within R/W to maintain both schedule and budget for this project. • Legal and physical access to site provided. • Design standard drawings used will be City of Spokane Valley. In absence of the City of Spokane Valley standards, Spokane County design standards will be used. In absence of Spokane County design standards, WSDOT standards will be used. • The intent of the basemapping is to show where physical improvements are located in the field so that the contractor can construct and estimate ITS design elements. It is understood that the basemapping is information from the city's GIS and As-Builts and not surveyed information. Therefore the accuracy of the information is only as good as the base files. • No corridor stationing is included as part of this work. Known monuments will be used for any installation of new structures. • North arrow shown on plan sheets will be shown pointed up or to the right. • Plans shall be in 11x17 size. Corridor plan sheets will have a scale of 1: 50'. Zoom in of intersections will be at a 1:20 scale. • No structural design is included in this scope. • It is assumed civil improvements such as sidewalk repair, landscaping, curb and gutter can be addressed using existing standard details. This scope of work does not include special details for these design elements. • Contract Schedule is based on a tight timeframe. Transpo will notify client of any potential delays in writing. Time delays from the client on receipt of information/assistance will affect this schedule. • No potholing is included in this scope of work. If additional work is amended to this scope at a later date requiring utility locates, the city will call to furnish required field locate services at locations specified by Transpo (general one-call locate service number: 1-800-424-5555) • City will coordinate with project stakeholders and confirm design review period and timeframe can be met for all reviewers. The design review may include but not limited to WSDOT, Spokane County, utilities, rail roads and transit agencies. • Added design submittals beyond those included within this scope will require an amended scope and fee. • Connection to the following signal controllers are not included in this scope: o 1-90 & Broadway Ave WB Ramps o 1-90& Broadway Ave EB Ramps 14122.PR 6 05/07/2015 Additional Services not currently in Scope • Coordination with the property owner(s)for RNV purchase • Structural analysis or design • Geotechnical analysis • Rail Coordination • Environmental NEPA/SEPA Support Services Construction Support Services (Not included in Scope) Purpose: The construction support services are to help the city with the construction contractor as well as with the installation of equipment. Transpo offers a broad range of construction support services for the project. For this project we anticipate providing assistance in the following areas: 1. Contractor inquiries (request for information)after project award 2. Equipment and material review 3. Construction inspection 4. Change orders if any 5. System integration assistance 6. As-builts and system documentation 7. Review of OTDR test results The support services listed above will be estimated and submitted separately after review and agreement with the City of Spokane Valley is reached. Spokane Valley reserves the right to expand the Scope of Work for this project to include engineering services for construction inspection and/or construction management. 14122.PR 7 05/07/2015 Exhibit B DBE Participation This form - ai ii apply intft Contract. Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include,but are not limited to, the following: I. Surveying, Roadway Design &Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files AutoCAD 2013 or newer submitted electronically as an eTransmit. All xRefs and supporting files will also be included. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 I _ _ D. Specify the Agency's Right to Review Product with the Consultant Agency will review PS&E design files subsequent to each design submittal at the 50% and 95%milestones. Comment resolution meetings will be conducted with the consultant(either in person or via teleconference). E. Specify the Electronic Deliverables to Be Provided to the Agency Electronic CAD design files, conduit fill calculations, engineer's estimate of probable construction cost, and project specifications. F. Specify What Agency Furnished Services and Information Is to Be Provided Location of existing ITS conduit installed by the City under previous public works contracts; copies of previous correspondence with WSDOT concerning fiber optic routing options near the Sprague /I-90 interchange and the Broadway/I-90 interchange; AutoCad base mapping from prior projects for the following corridors: University Rd between 4th and 16th Avenues, Fancher Rd between Broadway and Sprague, the Broadway/Fancher intersection, Broadway between Fancher Rd to -220 feet west of the Thierman/Broadway intersection,and Broadway Avenue between I-90 eastbound on ramp and Park Rd. Outside of these areas the City will furnish geo-referenced aerial photographs suitable for plan development. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided N/A III. Methods to Electronically Exchange Data E-mail exchange or FTP file sharing where file sizes exceed e-mail limits WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite AutoCAD and Microsoft Office B. Electronic Messaging System e-mail exchange C. File Transfers Format AutoCAD - .dwg Word- .docx Excel - .xlsx WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Exhibit D / Cost Estimate Worksheet” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting"of this AGREEMENT. This form dbsiziLK2 apply 11)(gyp • C Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Exhibit F Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during this 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 this 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 the AGENCY,the 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, the 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 this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, 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 STATE,the AGENCY, 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 enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 15-043 • WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of A5ency VTC(c;a' Exhibit G-2 Certification Regarding Debarment,// Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Transpo Group USA, Inc. whose address is 11730 118th Avenue NE, Suite 600. Kirkland, WA. 98034 and that neither the above firm nor I have: a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this 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 furnished 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. Transpo Group USA, Inc. Consultant(Firm Name) 444/44-:44-1-4-1 ��� 5/7/2015 Signature(Authorizedof Consultant) Date • Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(b) Certification of Agency Official I hereby certify that I am the: O Agency Official O Other of the Local Agency of Spokane Valley,Washington , and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or 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 furnished 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. .1,..e. ,. , 2- 5/7/2015 Signature / Date Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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 anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Transpo Group USA, Inc. Consultant(Firm Name) IM14-111-‘-"- 5/7/2015 Signature Authoriz Official of Consultant) Date 9 ( Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 1 Exhibit G-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, a officer or employee of Congress, or any 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 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 $10,000.00, and not more than $100,000.00, 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 sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Transpo Group USA, Inc. Consultant(Firm Name) 5/7/2015 Signature(Authorized ficial of Consultant) Date Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the Contracting Officer or to the Contracting Officer's representative in support of Spokane Valley ITS Infill-Phase 1 Project * are accurate, complete, and current as of May 7, 2015 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Transpo Group USA, Inc. Signature Title Date of Execution***: 5/7/2015 • *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month.and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII,Legal Relations and Insurance of this Agreement is amended to $ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ . Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater,then justification shall be submitted to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ . • Include all costs, fee increase,premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. This form is Not Applicable to the Contract Agreement Number: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit I 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 Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work;photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region 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. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. 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,LP will request assistance from the Attorney General's Office for legal interpretation. 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. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • consultant mayseek settlement byarbitration If mutual agreement is not reached,the agency and cos or by litigation. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT 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 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. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 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 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. Agreement Number: 15-043 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 .. l ® DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 5/7/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Marie Marie Swaney Dealey, Renton&Associates PHONE 626 844-3070 Fa,Net;626 844-3074 199 S Los Robles Ave Ste 540 (A/C,NC Ext). - Pasadena, CA 91101 a E-MAIL mswaney@dealeyrenton.com License#0020739 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A;Travelers Indemnity Company of Amer 25666 INSURED TRANSGRO INSURER B:Travelers Property Casualty Co of A 25674 Transpo Group USA, Inc. INSURER C:Travelers Indemnity Company 25658 11730 118th Ave NE, Ste 600 INSURER D:Sentinel Insurance Co. LTD 11000 Kirkland,WA 98034 425 821-3665 INSURER E:Catlin Specialty Ins. Co. 15989 INSURER F: COVERAGES CERTIFICATE NUMBER:932236800 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y 6807C433894 1/1/2015 1/1/2016 EACH OCCURRENCE $1,000,000 B 6807C434184(CA) 1/1/2015 1/1/2016 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual LiabMED EXP(Any one person) 510,000 X XCU Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY n PROT- n LOC PRODUCTS-COMP/OP AGG $2,000,000 JEC — OTHER: $ A AUTOMOBILE LIABILITY Y Y BA7C434228 1/1/2015 1/1/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1,OOQ000 ANY AUTO BODILY INJURY(Per person) $ ALLOOWNED SSCHHEEDULED BODILY INJURY(Per accident) $ UTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ C X UMBRELLA UAB X OCCUR Y Y CUP7C434461 1/1/2015 1/1/2016 EACH OCCURRENCE $2,000,000 EXCESS UAB CLAIMS-MADE _AGGREGATE $2,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION 6807C433894(WA Stop Gap) 1/1/2015 1/1/2016 X PER STATUTE ETH D AND EMPLOYERS'LIABILITY Y/N57WEGKU8222 4/9/2015 1/1/2016 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liability AED6926341215 1/1/2015 1/1/2016 $2,000,000 Per Claim Claims Made - $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is requIred) *General Liability policy excludes claims arising out of the performance of professional services.* **Umbrella policy is a follow-form to underlying General/Hired&Non-Owned Auto/Employers Liability Policies.** Re:Agreement#15-043, Project#0201,Transpo Project#14122.00,Spokane Valley Infill ITS Phase 1 -State of Washington and City of Spokane Valley,their officers,employees,and agents are named as additional insureds as respects general and hired/non-owned auto liability for claims arising from the operations of the named insured as required per contract or agreement. Insurance includes primary and See Attached... CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Craig Aldworth, PE 11707 E Sprague Ave.,Suite 106 AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 040041-0- 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TRANSGRO LOC#: AE f D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Dealey, Renton&Associates Transpo Group USA, Inc. 11730 118th Ave NE,Ste 600 POLICY NUMBER Kirkland,WA 98034 425 821-3665 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE non-contributory wording per the attached endorsement(s). Insurance coverage includes waiver of subrogation per the attached endorsement(s).SEE CANCELLATION SECTION of Certificate for 30 DayNOC/10 Dayfor Non-Payment of Premium. ( ) ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:6807C433894 COMMERICAL GENERAL LIABILITY ISSUE DATE:5/7/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Spokane Valley Attn: Craig Aldworth, PE 11707 E Sprague Ave., Suite 106 Spokane Valley WA 99206 PROJECT/LOCATION OF COVERED OPERATIONS: Re: Agreement #15-043, Project #0201, Transpo Project #14122.00, Spokane Valley Infill ITS Phase 1 - State of Washington and City of Spokane Valley, their officers, employees, and agents PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury", 'property damage" or 'personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you;or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III)for C. In connection with your work and included this Coverage Part. within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for"bodily injury", "property However, if you specifically agree in a contract or damage"or"personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown h the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page 1 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury"arising out of"your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance" (1) The "bodily injury" or"property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the "bodily and injury" or "property damage" occurs, or the "personal injury"offense is committed. (2) The"personal injury"for which coverage is sought arises out of an offense D. The following definition is added to committed; DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance" for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury" and "property damage" occurs, and additional insured is also an additional the"personal injury" is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c. Before the end of the policy period. the Schedule above because of payments we make for "bodily injury", "property damage"or"personal CG D3 82 09 07 Page 2 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission POLICY#:BA7c43422 s COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 5/7/2015 Countersigned By: Named Insured: 040dAl--0-Transpo Group USA, Inc. (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): Re: Agreement #15-043, Proj ect #0201, Transpo Project #14122.00, Spokane Valley Infill ITS Phase 1 - State of Washington and City of Spokane Valley, their officers, employees, and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Policy#BA7C434228 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any"accident" or"loss", provided that the unless modified by the endorsement. "accident" or "loss" arises out of the operations Paragraph S. Transfer of Rights Of Recovery contemplated by such contract. The waiver desig- Againstap- Others To Us of the CONDITIONS section plies only to the person or organization is replaced by the following: Hated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 I - 0201-ITS Infill Project-Phase 1 All Activity as of May 18 2015 gro'e Por * f O gi ateam " e m_ 201 2013 Ma_ ,t fAvailab e REVENUES , .• - ',. Et dge,<V . Bud:e '' a: •dual •ct a ° _'#TActual, , ).dual} ncumbere• EA i Ids CMAQ 0.00 283,341.00 0.00 129.18 922.95 1,052.13 0.00 282,288.87 301 0.00 44,221.00 0.00 20.16 144.04 164.20 0.00 44,056.80 Total Revenue, ,. -. 0.00 1327,562.00 0.00 149.34 1;066.99 1,216.33 . - .0.00'326,345167 r i 'r' 4 ,, 0 iginal, ratjusted ,,,Poor ,' 4014 2015+ iUfe - 4d:- 'va fable' EXPFENQr RESIf: _ .- .jB diet . i ji dg t ,y , V_ears .,.:0uai ";-'y ActualL z 1"t'o Date ` ,En tuber- , ,t und's' Preliminary Engineering Salaries&Wages 3,500.00 0.00 45.07 1,425.12 1,470.19 0.00 2,029.81 Overtime 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Employee Benefits 1,225.00 0.00 22.74 568.44 591.18 0.00 633.82 Employee Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Engineering&Architectural 20,000.00 0.00 0.00 0.00 0.00 0.00 20,000.00 Prof.Svcs-Survey 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Prof.Svcs.-Geotech 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Advertising 500.00 0.00 0.00 0.00 0.00 0.00 500.00 Printing&Binding 500.00 0.00 0.00 0.00 0.00 0.00 500.00 Miscellaneous Services 480.00 0.00 81.53 0.00 81.53 0.00 398.47 PE Contingency 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Prelim.Engineering 0.00 26,205.00 0.00 149.34 1,993.56 2,142.90 0.00 24,062.10 Right of Way , 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Right of Way 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Construction Salaries&Wages 5,000.00 0.00 0.00 0.00 0.00 0.00 5,000.00 Overtime 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Employee Benefits 1,750.00 0.00 0.00 0.00 0.00 0.00 1,750.00 Employee Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Prof.Svcs.Mat.Testing 2,000.00 0.00 0.00 0.00 0.00 0.00 2,000.00 Prof.Svcs.-Consulting 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Advertising 1,000.00 0.00 0.00 0.00 0.00 0.00 1,000.00 Printing&Binding 500.00 0.00 0.00 0.00 0.00 0.00 500.00 Construction 291,107.00 0.00 0.00 0.00 0.00 0.00 291,107.00 Contingency 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Construction 0.00 301,357.00 0.00 0.00 0.00 0.00 0.00 301,357.00 Total Expenditures 0.00 327,562 00 `0.00 149.34 1,99356 2,142.90 0.00 325,419:10 001\i CITY Public Works Department poineOF Capital Improvement Program Valle y 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000♦ Fax: 509.688.0261 ♦ cityhall@spokanevalley.org Memorandum Date: May 26, 2015 To: Eric Guth Through: Steve Worley ' 4/ < From: Craig Aldwort /A ( I Re: ITS Infill Project-Phase 1, CIP#0201 Additional PE funds for Consultant Services The attached Budget Adjustment adds $20,000 to the PE phase to cover the cost of the Design Consultant Contract. The original budget did not consider several "gaps" or areas of additional design work necessary to complete the project that has increased the cost. The attached 2-2-15 Engineer's Cost Estimate shows that the project should still be able to be constructed with the proposed redistribution of funds. Current Project Revenues Estimated Project Expenditures Federal CMAQ Grant $ 283,341 PE $ 46,205 City Match $ 44,221 ROW $ 10,000 Other �__0 Construction §271,357 Total Funds Available $ 327,562 Total Est. Expenditures $327,562 Attachments: Budget Adjustment, Feb 2 Engineer's Cost Estimate Scni" p 1� afl ITS Infill Project - Phase 1 -#0201 alley May 11 2015 Expenditure Accounts I Budget PE Description Current I Change New 303.000.201.595.10.10.00 Salaries&Wages 3,500 3,500 303.000.201.595.10.10.99 Overtime - - 303.000.201.595.10.20.00 Employee Benefits 1,225 1,225 303.000.201.595.10.20.99 Employee Benefits - - 303.000.201.595.10.41.02 Engineering &Architectural 20,000 20,000 40,000 303.000.201.595.10.41.06 _Prof.Svcs -Survey - - 303.000.201.595.10.41.07 Prof.Svcs. -Geotech - - 303.000.201.595.10.41.17 Advertising 500 500 303.000.201.595.10.49.03 Printing & Binding 500 500 303.000.201.595.10.49.06 Miscellaneous Services 480 480 303.000.201.595.10.99.99 PE Contingency - - I Sub Total: 26,205 20,000 46,205 RW Description Current Change • New -ransactions Recorded this PI ROW Services - 10,000 10,000 I Sub Total: _ - 10,000 10,000 CNS _Description _____ Current 'I Change New ' 303.000.201.595.64.10.00 Salaries&Wages 5,000 5,000 303.000.201.595.64.10.99 Overtime - - 303.000.201.595.64.20.00 Employee Benefits 1,750 1,750 303.000.201.595.64.20.99 Employee Benefits - - 303.000.201.595.64.41.08 Prof.Svcs. Mat.Testing 2,000 2,000 303.000.201.595.64.41.10 Prof.Svcs.-Consulting - 12,603 12,603 303.000.201.595.64.41.17 Advertisinc 1,000 1,000 303.000.201.595.64.49.03 Printing & Binding 500 500 303.000.201.595.64.63.00 Construction 291,107 (62,574) 228,533 303.000.201.595.64.99.99 Contingency - 19,970 19,970 I Sub Total: 301,357 (30,000) 271,357 Project Total: I 327,562 (0) 327,562 Funding Accounts Budget UTA Deescr s ti iBtajial2 ! Change 0333.2020 CMAQ 283,341 283,341 0397.3010 301 44,221 44,221 I Project Total: 327,562 - 327,562 APPROVALS 4/ 1// , 5 Proj- t Manager Date Sr Capital Proj E 1 Date U 5/2-7/ Pub � Pub Works Director [date Finance Director Date 3 Accounting will look up BARS code according to Description Notes 5-26-15 Adjusted Budget to increase PE phase funding to cover Consultant Design costs. Added$10,000 ROW phase City of Spokane Valley 2-Feb-15 CIP#0201,ITS INFILL PHASE 1 Scope Estimate Total :# ITEM DESCRIPTION':_ a _a. , .,QTY -Unit - Unit Price Total 1 MOBILIZATION 1 L.S. $23,873.33 $23,873.33 2 FORCE ACCOUNT POTHOLING 1 EST $10,000.00 $10,000.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $24,000.00 $24,000.00 4 CEMENT CONC.SIDEWALK 30 S.Y. $150.00 $4,500.00 5 332 ITS CABINET 1 E.A. $4,800.00 $4,800.00 6 FIBER OPTIC PATCH PANEL(48 PORT) 5 E.A. $3,000.00 $15,000.00 7 FIBER OPTIC SPLICE CLOSURE 5 E.A. $950.00 $4,750.00 8 HUB ETHERNET SWITCH 0 E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 6 E.A. $2,300.00 $13,800.00 10 SFP MODULE(GIGABIT) 5 E.A. $900.00 $4,500.00 11 ETHERNET SWITCH BRACKET 6 E.A. $200.00 $1,200.00 12 RELOCATE COMMUNICATION EQUIPMENT 0 E.A. $1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 12100 L.F. $4.00 $48,400.00 14 CAT6 ETHERNET CABLING 1000 L.F. $1.50 $1,500.00 15 FOUNDATION,332 CABINET 3 E.A. $2,800.00 $8,400.00 16 CONDUIT,PVC 2 IN. 540 L.F. $7.50 $4,050.00 17 DIRECTIONAL BORING 320 L.F. $100.00 $32,000.00 18 TRENCHING IN LANDSCAPE/RESTORATION 220 L.F. $18.00 $3,960.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR 120 S.Y. $65.00 $7,800.00 20 TYPE 1 JUNCTION BOX 0 E.A. $325.00 $0.00 21 TYPE 2 JUNCTION BOX 0 E.A. $525.00 $0.00 22 PULL BOX(STANDARD) 0 E.A. $2,700.00 $0.00 23 PULL BOX(NON-SKID) 5 E.A. $3,200.00 $16,000.00 subtotal: $228,533.33 Contingency: $19,970.33 10%CE: $22,853.33 Design PE $46,205.00 ROW $10,000.00 Estimate Total: $327,562.00 Grant Budget Total: $327,562.00 ` ` City of Spokane Valley 2-Feb-15 CIP#0201ITS INFILL PHASE 1 Scope Estimate University(4th to 16th) : # : It(xx| - PrioN�, ^ -_17. "'��i_-_,,,:_,:_:�`-:"-:::: LcirtJ�jun�',,,".._, ,\priit"Pilie i>�i�:::::iTali(: -= 1 MOBILIZATION 1 LS. $3,56667 $3,566.67 2 FORCE ACCOUNT POTHOLING 1 EST $0.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS. $2,000.00 $2,000.00 4 CEMENT CONC.SIDEWALK S.Y. $150.00 $0.00 5 332 ITS CABINET E.A. g4`800.00 $0.00 6 FIBER OPTIC PATCH PANEL(48 PORT) 2 E.A. $3'000.00 $6,000.00 7 FIBER OPTIC SPLICE CLOSURE 2 E.A. g950.00 $1,900.00 8 HUB ETHERNET SWITCH E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 2 E.A. $2'300.00 $4,600.00 10 SFP MODULE(GIGABIT) 1 E.A. $900.00 g900.00 11 ETHERNET SWITCH BRACKET 2 E.A. gzOu.oO $400.00 12 RELOCATE COMMUNICATION EQUIPMENT E.A. g1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 4000 LF. $4.00 $16,000.00 14 CAT6 ETHERNET CABLING 200 LF. $1.50 $300.00 15 FOUNDATION,332 CABINET E.A. g2'800.00 $0.00 16 CONDUIT,PVC Z|m. LF. g7.50 $0.00 17 DIRECTIONAL BORING L.F. $100.00 $0.00 18 TRENCHING IN lANDSCAPE/RESTORATION LF. $18.00 $0.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR L.F. $65.00 $0.00 20 TYPE 2 JUNCTION BOX E.A. $525.00 $0.00 21 TYPE 8 JUNCTION BOX E.A. $1,400.00 $0.00 22 PULL BOX(STANDARD) E.A. g2'700.00 $0.00 23 PULL BOX(NON-SKID) E.A. $3'200.00 $0.00 24 JUNCTION BOX REPLACEMENT E.A. $1,200.00 $0.00 subtotal: $35.666.67 15%contingency: $5,350.00 10%CE: $3'566.67 Scheudule A CN Total: $+4,583.33 City of Spokane Valley 2-Feb-15 CIP#0201,ITS INFILL PHASE 1 Scope Estimate Sprague(Fancher to E Side of 1-90) # ;ITEM DESCRIPTION -_ . u ' :'`QTY ' `,Unit Unit Price > Total 1 MOBILIZATION 1 L.S. $2,311.11 $2,311.11 2 FORCE ACCOUNT POTHOLING 1 EST $0.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $5,000.00 $5,000.00 4 CEMENT CONC.SIDEWALK 10 S.Y. $150.00 $1,500.00 5 332 ITS CABINET E.A. $4,800.00 $0.00 6 FIBER OPTIC PATCH PANEL(48 PORT) 1 E.A. $3,000.00 $3,000.00 7 FIBER OPTIC SPLICE CLOSURE E.A. $950.00 $0.00 8 HUB ETHERNET SWITCH E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 1 E.A. $2,300.00 $2,300.00 10 SFP MODULE(GIGABIT) 1 E.A. $900.00 $900.00 11 ETHERNET SWITCH BRACKET 1 E.A. $200.00 $200.00 12 RELOCATE COMMUNICATION EQUIPMENT E.A. $1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 1200 L.F. $4.00 $4,800.00 14 CAT6 ETHERNET CABLING 200 L.F. $1.50 $300.00 15 FOUNDATION,332 CABINET 1 E.A. $2,800.00 $2,800.00 16 CONDUIT,PVC 2 IN. L.F. $7.50 $0.00 17 DIRECTIONAL BORING L.F. $100.00 $0.00 18 TRENCHING IN LANDSCAPE/RESTORATION L.F. $18.00 $0.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR S.Y. $150.00 $0.00 20 TYPE 2 JUNCTION BOX E.A. $525.00 $0.00 21 TYPE 8 JUNCTION BOX E.A. $1,400.00 $0.00 22 PULL BOX(STANDARD) E.A. $2,700.00 $0.00 23 PULL BOX(NON-SKID) E.A. $3,200.00 $0.00 subtotal: $23,111.11 City of Spokane Valley 2-Feb-15 CIP#0201,ITS INFILL PHASE 1 Scope Estimate Fancher(Sprague to Broadway) #, ITEM DESCRIPTION -',, , . -- : _ ,',QTY_, Unit ' ` ;Unit Price Total ,_ 1 MOBILIZATION 1 L.S. $5,722.22 $5,722.22 2 FORCE ACCOUNT POTHOLING 1 EST $0.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $10,000.00 $10,000.00 4 CEMENT CONC.SIDEWALK S.Y. $150.00 $0.00 5 332 ITS CABINET E.A. $4,800.00 $0.00 6 FIBER OPTIC PATCH PANEL(48 PORT) 1 E.A. $3,000.00 $3,000.00 7 FIBER OPTIC SPLICE CLOSURE 1 E.A. $950.00 $950.00 8 HUB ETHERNET SWITCH E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 1 E.A. $2,300.00 $2,300.00 10 SFP MODULE(GIGABIT) 1 E.A. $900.00 $900.00 11 ETHERNET SWITCH BRACKET 1 E.A. $200.00 $200.00 12 RELOCATE COMMUNICATION EQUIPMENT E.A. $1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 2800 L.F. $4.00 $11,200.00 14 CAT6 ETHERNET CABLING 200 L.F. $1.50 $300.00 15 FOUNDATION,332 CABINET E.A. $2,800.00 $0.00 16 CONDUIT,PVC 2 IN. 100 L.F. $7.50 $750.00 17 DIRECTIONAL BORING 80 L.F. $100.00 $8,000.00 18 TRENCHING IN LANDSCAPE/RESTORATION L.F. $18.00 $0.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR 50 S.Y. $150.00 $7,500.00 20 TYPE 2 JUNCTION BOX E.A. $525.00 $0.00 21 TYPE 8 JUNCTION BOX E.A. $1,400.00 $0.00 22 PULL BOX(STANDARD) E.A. $2,700.00 $0.00 23 PULL BOX(NON-SKID) 2 E.A. $3,200.00 $6,400.00 subtotal: $57,222.22 City of Spokane Valley 2-Feb-15 CIP#0201,ITS INFILL PHASE 1 Scope Estimate Broadway(Fancher to Thierman) . # `',t ITEM DESCRIPTION, rte _ w. _ , ::QTY..~._:Unit ',_ ;;Unit Price. , -; Total__ .'. 1 MOBILIZATION 1 L.S. $9,056.67 $9,056.67 2 FORCE ACCOUNT POTHOLING 1 EST $10,000.00 $10,000.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $5,000.00 $5,000.00 4 CEMENT CONC.SIDEWALK 20 S.Y. $150.00 $3,000.00 5 332 ITS CABINET E.A. $4,800.00 $0.00 6 FIBER OPTIC PATCH PANEL(48 PORT) E.A. $3,000.00 $0.00 7 FIBER OPTIC SPLICE CLOSURE 1 E.A. $950.00 $950.00 8 HUB ETHERNET SWITCH E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 1 E.A. $2,300.00 $2,300.00 10 SFP MODULE(GIGABIT) 1 E.A. $900.00 $900.00 11 ETHERNET SWITCH BRACKET 1 E.A. $200.00 $200.00 12 RELOCATE COMMUNICATION EQUIPMENT E.A. $1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 3250 L.F. $4.00 $13,000.00 14 CAT6 ETHERNET CABLING 200 L.F. $1.50 $300.00 15 FOUNDATION,332 CABINET 1 E.A. $2,800.00 $2,800.00 16 CONDUIT,PVC 2 IN. 240 L.F. $7.50 $1,800.00 17 DIRECTIONAL BORING 240 L.F. $100.00 $24,000.00 18 TRENCHING IN LANDSCAPE/RESTORATION 20 L.F. $18.00 $360.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR 70 S.Y. $150.00 $10,500.00 20 TYPE 2 JUNCTION BOX E.A. $525.00 $0.00 21 TYPE 8 JUNCTION BOX E.A. $1,400.00 $0.00 22 PULL BOX(STANDARD) E.A. $2,700.00 $0.00 23 PULL BOX(NON-SKID) 2 E.A. $3,200.00 $6,400.00 subtotal: $90,566.67 City of Spokane Valley 2-Feb-15 CIP#0201,ITS INFILL PHASE 1 Scope Estimate Broadway(1-90 to Haecox) # : ITEM DESCRIPTION ' _. Unit Unit Price" ' "., Total 1 MOBILIZATION 1 L.S. $3,216.67 $3,216.67 2 FORCE ACCOUNT POTHOLING 1 EST $0.00 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $2,000.00 $2,000.00 4 CEMENT CONC.SIDEWALK S.Y. $150.00 $0.00 5 332 ITS CABINET 1 E.A. $4,800.00 $4,800.00 6 FIBER OPTIC PATCH PANEL(48 PORT) 1 E.A. $3,000.00 $3,000.00 7 FIBER OPTIC SPLICE CLOSURE 1 E.A. $950.00 $950.00 8 HUB ETHERNET SWITCH E.A. $5,000.00 $0.00 9 ETHERNET SWITCH 1 E.A. $2,300.00 $2,300.00 10 SFP MODULE(GIGABIT) 1 E.A. $900.00 $900.00 11 ETHERNET SWITCH BRACKET 1 E.A. $200.00 $200.00 12 RELOCATE COMMUNICATION EQUIPMENT E.A. $1,200.00 $0.00 13 FIBER OPTIC CABLE(48 SMFO) 850 L.F. $4.00 $3,400.00 14 CAT6 ETHERNET CABLING 200 L.F. $1.50 $300.00 15 FOUNDATION,332 CABINET 1 E.A. $2,800.00 $2,800.00 16 CONDUIT,PVC 2 IN. 200 L.F. $7.50 $1,500.00 17 DIRECTIONAL BORING L.F. $100.00 $0.00 18 TRENCHING IN LANDSCAPE/RESTORATION 200 L.F. $18.00 $3,600.00 19 TRENCHING IN PAVEMENT AND PAVEMENT REPAIR S.Y. $150.00 $0.00 20 TYPE 2 JUNCTION BOX E.A. $525.00 $0.00 21 TYPE 8 JUNCTION BOX E.A. $1,400.00 $0.00 22 PULL BOX(STANDARD) E.A. $2,700.00 $0.00 23 PULL BOX(NON-SKID) 1 E.A. $3,200.00 $3,200.00 subtotal: $32,166.67 System for Award Management Page 1 of 1 View assistance for Search Results Search Results Current Search Terms: "Transpo Group" Your search for""Transpo Group"returned the following results... GI( Notice:This printed document represents only the first page of your SAM search results. More results may be available.To Seat print your complete search results,you can download the PDF and print it. Resp Entity Transpo Group USA,Incorporated Status: Active Entit DUNS: 079240015 CAGE Code: 79BA7 View Details Excli Has Active Exclusion?: No DoDAAC: Seat Expiration Date: 11/25/2015 Delinquent Federal Debt? No Flit( Purpose of Registration: All Awards By R Stats By Func Area Man. By Func Area Pert Infot SAM I System for Award Management 1.0 IBM vl.P.27.20150327-1711 Li Note to all Users:This is a Federal Government computer system.Use of this GSAaRgt system constitutes consent to monitoring at all times. https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS rOOABXdcACJgYXZheCS... 5/11/2015