Loading...
17-098.00 HDR Engineering: Pines Rd BNSF Grade Separation Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 17-098 Firm/Organization Legal Name(do not use dba's): HDR Engineering; Inc. Address Federal Aid Number 1401 E Trent Ave, Suite 101, Spokane, WA 99202 NA UBI Number • Federal TIN,or SSN Number 6010021437 -RED-ACTED Execution Date Completion Date December 31,2018 1099 Form Required Federal Participation ❑ Yes 0 No Q Yes ❑ No Project Title Pines Road BNSF Grade Separation(CIP#0223) Description of Work To improve safety by developing a grade separated facility at the intersection of Pines Road and the BNSF Railway railroad tracks. Other major work associated with this project includes modifications to the intersection of Pines Road and SR290 (Trent Avenue) and closing the Pines/BNSF and University/BNSF Railway at-grade intersections in the City of Spokane Valley, Washington. The design development will expand on the Concept Design and Plans prepared as part of the Bridging the Valley project completed in 2004. ›.• 3 v co to o > c on m 1 o c c is ❑ ❑ Participation o I Yes Anderson EC No DBE TotalAmountAuthorized: $124,349.85 co ❑ Yes Q No MBE Participation o ci a s Management Reserve Fund: $0.00 „ m Q. o`" .c El Yes ❑I c No WBE Participation (Ni"' _ Maximum Amount Payable: $°124,349.85 " c_ c ° 1=l Yes Et No SBE Participation . 'CO � 1 C Index of Exhibits c o 8 2 o c o Exhibit A Scope of Work' g = r, • Exhibit B DBE Participation o `" Ln Exhibit C Preparation and Delivery of Electronic Engineering and Other Data .° o. ro -0 2 ;° Exhibit D Prime Consultant Cost Computations 5 srNi Exhibit E Sub-consultant Cost Computations i o Y v Exhibit I= Title VI Assurances E •� 3 8 Exhibit CI Certification Documents ° ° o Exhibit H (N/A for this project) CO" C Exhibit I Alleged Consultant Design Error Procedures s o Exhibit J Consultant Claim Procedures } ° Agreement Number: 17-098 LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 3/11/2016 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 3/11/2016 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 Prirne 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: Chris Bainbridge Name: Kurt Reichelt Agency: City of Spokane Valley Agency: HDR Engineering,Inc. Address: 11707 E. Sprague Ave., Suite 106 Address: 1401 East Trent Avenue, Suite 101 City: Spokane Valley State: WA Zip: 99206 City: Spokane State: WA Zip: 99202 Email: cbainbridge@spokanevalley.org Email: kurt.reichelt@hdrinc.com Phone: 509.720.5102 Phone: 503.423.3700 Facsimile: 509.720.5075 Facsimile: 503.423.3737 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 3/11/2016 • 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: COM uItantRates(tzwsdot.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 WSDOT's 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 3/11/2016 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 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, "Extra 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,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the 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: 17-098 Local Agency}A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 3/11/2016 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 postaudit 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 3/11/2016 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 clue 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 3/11/2016 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." Xl. 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 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 TATE 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/orAGENCY's,their agents',officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and employees by the CONSULTANT, its 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 between the Parties. Agreement Number: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 3/11/2016 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 withinfourteen(14)days of the execution of this AGREEMENT to: Name: Chris Bainbridge Agency: City of Spokane Valley Address: 11707 E. Sprague Ave., Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org Phone: 509.720.5102 Facsimile: 509.720.5075 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: 17-098 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 3/11/2016 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 3/11/2016 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 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 3/11/2016 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 II 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: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 3/11/2016 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. —,411119 Signature Date Ct/e 7(27/17 Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 17-098 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 3/11/2016 Exhibit A Scope of Work Project No. CIP#0223 See Attached Exhibit A.1 Agreement Number: 17-098 WSDOT Form 140-089 EF Exh/bltA Page 1 of 1 Revised 10/30/2014 EXHIBIT A-1 City of Spokane Valley, WA Pines Road/BNSF Grade Separation Project No.0223 'lane ® Phase 1 — Design Services 4,000Vaile Scope of Services June 20, 2017 7. ft ) City of Spokane Valley,WA I Scope of Services in Road/BNSF Grade Separation June 20,2017 Contents Project Description, Design Criteria, and Deliverables 2 Project Description 2 Project CooYdintion 2 Design Criteria 3 Project Deliverable Schedule 4 Information, Responsibilities, and Services Provided by the CLIENT 4 General Project Assumptions 5 Change Management 6 Task 1 - Project Management and Quality Control 6 1.1 Project Management 6 1.2 ProjectWise and Project Setup 6 1.3 Subconsultant Agreements and Coordination 7 1.4 Prepare Project Notebooks 7 1.5 Project Quality Management Plan 7 1.6 Develop Project CPD Schedule and Updates 7 1.7 Monthly Progress Reports and Invoices 8 1.8 Project Kick-Off and Progress Meetings, Council Meeting Presentations 8 1.8.1 City Council Meetings 8 1.8.2 Project Design Team Meetings 9 1.9 Quality Control/Quality Assurance Review 9 Task 2- Public Involvement Program 9 2.1 Public Open House 10 Task 3-Alternatives Analysis: Roadway and Bridge Configuration 11 3.1 Develop Alternative Alignments 11 3.2 Evaluate Alternatives Traffic Impacts 12 3.3 Evaluate Alternatives Railroad Bridge Impacts .. 12 3.4 Develop Alternative Costs , 13 3.5 Develop an Alternatives Evaluation Matrix , . 13 3.6 Develop Alternatives Evaluation Report 14 Task 4- BNSF Coordination and Submittals 14 4.1 Prepare Temporary Occupancy Application &Safety Plan .., 14 4.2 Obtain As-Built Track Plans t ....15 Task 5—Field Reconnaissance 15 5.1 Notifications 15 5.2 Process Spokane County LIDAR to use as Alternative Alignment Base Maps 15 Task 6—Preliminary Project Construction Coat Estimate . 16 6.1 Prepare Preliminary Project Construction Cost Estimate 16 1 F City of Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 Project Description, Design Criteria, and Deliverables Project Description The objective of this project is to improve safety by developing a grade separated facility at the intersection of Pines Road and the BNSF Railway railroad tracks. Other major work associated with this project includes modifications to the intersection of Pines Road and SR290 (Trent Avenue) and closing the Pines/BNSF and University/BNSF Railway at-grade intersections in the City of Spokane Valley, Washington. The design development will expand on the Concept Design and Plans prepared as part of the Bridging the Valley project completed in 2004. The project goals include: • Provide a grade separated Pines Road/BNSF intersection • Remove the existing at-grade railroad crossings at Pines Road and University Road • Provide an appropriately controlled intersection for Pines Road/SR 290 • Provide improved access to the industrial/commercial and residential properties to the north of SR 290 and the BNSF Railway corridor and the industrial/commercial and school properties to the south of the BNSF Railway corridor. • Improve safety and traffic level of service • Limit right-of-way acquisition • Improve mobility on SR 290 • Identify and implement Practical Design Solutions • Achieve City Council support and public engagement. • Coordinate appropriately with the planned BNSF main line capacity project between Pines Road and Barker Road including a new single track bridge across the Spokane River. • Position the project to obtain future grant funding Project Coordination This scope of work uses the following references for project team members: • CLIENT or the City= City of Spokane Valley-Project Sponsor and owner of facilities within City of Spokane Valley rights-of-way. • BNSF= BNSF Railway(Major Project Stakeholder) 2 S City Pines of SpokaneRoad/BNSF ValleGrade y,WASeparatioI Scope of Services June 20,2017 • WSDOT=Washington State Department of Transportation - Project coordination with review and approval authority within State rights-of-way (Major Project Stakeholder). • CONSULTANT=Consultant Team • HDR= HDR Engineering, Inc. (Prime Consultant on the project) • DEA= David Evans and Associates, Inc. (Major Transportation subconsultant to HDR) • GE = GeoEngineers Inc. (Geotechnical Engineering subconsultant to HDR) • HRA= Historical Research Associates, Inc. (Cultural Resources subconsultant to HDR) • AEC =Anderson Environmental Consulting, LLC (Environmental subconsultant to HDR) Design Criteria As part of the design effort on this project, design criteria will be developed by the CONSULTANT and approved by the CLIENT, WSDOT, and BNSF Railway. When developing design criteria, the City's standards will govern within City's rights-of-way and WSDOT standards and Basis of Design will govern within State rights-of-way and BNSF's requirements will additionally be met for portions of the project within BNSF's rights-of-way. Additionally, the following publications,standards and guidelines will be used: (Manuals in effect upon execution of this Agreement shall take precedence over dates shown.) • WSDOT's Local Agency Guidelines (LAG) Manual, April 2017 • AASHTO's"A Policy on Geometric Design of Highways and Streets"2011 • AASHTO Roadside Design Guide 2011 • AASHTO LRFD Bridge Design Specifications, 7th Edition 2014 with current Interims • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Edition, 2011. • AREMA Manual for Railway Engineering, 2016. • Manual of Uniform Traffic Control Devices (MUTCD), 2009, with Revisions 1 and 2, May 2012 • WSDOT Design Manual, July 2017. • WSDOT Highway Runoff Manual, 2014 • WSDOT Hydraulic Manual, January 2015 • WSDOT Bridge Design Manual LRFD, June 2016. • WSDOT Geotechnical Design Manual, May, 2015. 3 F City of Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 • WSDOT Temporary Erosion and Sediment Control Manual,April 2014 • Spokane Regional Stormwater Manual, April 2008 • Hydraulic Engineering Circular No. 22, Third Edition, September 2009 • • WSDOT Standard Plans. • WSDOT Standard Specifications. • Union Pacific Railroad—BNSF Railway Guidelines for Railroad Grade Separation Projects, May, 2016 Project Deliverable Schedule r ,017"-jQym ,r M�oa *,`� a„w o spa.�� +'�.WH�*� ✓u,�- ..`A ,wi Notice to Proceed(NTP) July 2017 Project management and Quality Control July 2017 to October,2017 CLIENT and WSDOT Coordination July 2017 to October,2017 BNSF Coordination Meeting Before July 7,201r Conduct Site Reconnaissance July 2017 Draft Alternatives Evaluation Report August 2017 Final Alternatives Evaluation Report September 2017 Public Open House Meeting September 2017 •Before NIP at CONSULTANT expense Information, Responsibilities, and Services Provided by the CLIENT The following information will be provided by the CLIENT and WSDOT. This is not intended to be an exhaustive list and additional data to be provided by the CLIENT and WSDOT are included throughout the scope of work: • Roadway and utility as-built drawings for adjacent or related projects that are currently available. • Geotechnical data, boring logs, and as-built drawings showing geotechnical information that are currently available. • Conceptual pavement structural section recommendations based on other area projects (for cost estimating purposes). • Conceptual storm water infiltration rate recommendations based on other area projects(for conceptual storm water management design) • Traffic data, conclusions, and recommendations developed by the CLIENT from previous work or through current contracts with other consultants. This would include the Mirabeau Area Study. This would also include five year crash data. 4 FIN City of Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 • Existing right-of-way or plat maps for the project area • Existing topographic survey data (LIDAR or Aerial Survey data in cooperation with Spokane County) • Existing right=of-Way Oar%far the projei t wea • Existing aerial photographs • All traffic engineering services for this contract. This may include preparing a traffic operations analysis Methods and Assumptions document for approval through WSDOT. • Conduct coordination with utility companies and obtain as-built utility plan information. General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: • Structural components within the railroad right-of-way will be designed in accordance with the UPRR/BNSF Grade Separation Guidelines and the AREMA Manual. Outside of the railroad right-of-way, structural components will be designed in accordance with the AASHTO LRFD Bridge Design Specifications. • LAG Manual will be consulted to determine whether WSDOT specifications will govern different aspects of the design or if the City's supplemental specifications and/or special provisions are appropriate. Where possible, the City's requirements will govern. • WSDOT standard bid items will be used for all items on the project, unless unavailable for items specified by special provisions. • WSDOT will review and approve project elements that could impact SR-290 and SR27. • MicroStation©Version 8i, SELECTSeries 4 will be utilized on the project. • WSDOT workspace will be utilized but plan sheets will bear the CLIENT's Title Block • InRoads©Version 8i, SELECTSeries 4 will be utilized as the project's design platform. • Bentley StormCAD, FlowMaster, CivilStorm, and/or other hydrologic and hydraulic software will be utilized for drainage design • AG132 software will be used for illumination design • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • MS Project will be utilized for scheduling. 5 )I CityPines of SpokaneRoaWBNSF VetteyGrady,WASeparatiI Scopeon of Services June 20,2017 • MS Power Point will be utilized for presentations. • AutoTurn for MicroStation©Version 8i will be utilized to evaluate vehicle turning movements. • ESRI ArcGIS products will be used for the procassinig and-presentation ofgaospatial information. • Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections or estimates. Change Management This is a cost plus fixed fee contract with a not to exceed maximum. If the scope of work increases or decreases as it relates to this scope of work, then an adjustment to the associated fees and delivery schedule will be implemented once the CLIENT and the CONSULTANT mutually agree on the terms of the change and an agreement to formalize the terms is executed. Task I - Project Management and Quality Control 1 .1 Project Management Project management will be on-going during the course of the project. HDR's project manager will maintain communication with the CLIENT, WSDOT, and BNSF will monitor the project's scope, schedule, and budget; and will coordinate and communicate with the project's subconsultants, and other similar project management tasks. ASSUMPTION • HDR will house the project files on its ProjectWise Server and provide access to the other consultants, CLIENT, WSDOT, and others, as appropriate. DELIVERABLES • Access to ProjectWise 1 .2 ProjectWise and Project Setup CONSULTANT will set up project files. This will include setting up budget tracking spreadsheets, plan storage areas, preparing the project's financial files, and the project's electronic and hard copy technical filing system. This will also include setting up ProjectWise for.the ease of data storage and transfer between all team members: CONSULTANT, CLIENT, WSDOT, BNSF, etc. and preparing file storage and access instructions/protocols. • 6 F)' City of Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 ASSUMPTION • HDR will house the project files on its ProjectWise Server and provide access to the other consultants, CLIENT, WSDOT, and others, as appropriate. 1 .3 Subconsultant Agreements and Coordination HDR will prepare subconsultant agreements for DEA, GE, AEC, and HRA. This will include developing the draft of the subconsultant agreement, having management from each firm review the agreement, then issuing and executing the final agreements. 1 .4 Prepare Project Notebooks HDR will prepare project notebooks for team members (CLIENT,WSDOT, subconsultants, HDR) that include project contact information, the project's work breakdown structure(WBS)codes for invoicing, the electronic filing structure on HDR's ProjectWise server, the negotiated scope of work and labor spreadsheet, the project's Critical Path Diagram (CPD) schedule, the project's Quality Management Plan, and other pertinent data. The notebook will be updated periodically as approvals are granted and pertinent data becomes available. DELIVERABLES • Project Notebooks 1 .5 Project Quality Management Plan HDR will prepare a Project Specific Quality Management Plan. The Plan will identify the Quality Management Team, procedures that will be used for quality assurance and quality control, the schedule of quality management tasks, and quality control protocol that will be followed. The plan will be submitted to the CLIENT and WSDOT for review and approval. DELIVERABLES • Quality Management Plan 1 .6 Develop Project CPD Schedule and Updates HDR will prepare a schedule in Microsoft Project. The project team will use the schedule, which will be updated monthly with actual milestone achievements, to check the budget, staffing levels, arid where the deliverable schedule might be affected. These tools will-be used to adjust staff assignments so that schedule and fee commitments are met. Project team meetings will enforce the schedule and hold team members accountable for progress on their components of the project. Schedule updates will be submitted monthly to the CLIENT as part of the invoice package. 7 ��• Cltyof Spokane Valley,WA I Scope of Services +� Pines RoadBNSF Grade Separation June 20,2017 DELIVERABLES • Project Schedule • Monthly Project Schedule updates 1 .7 Monthly Progress Reports and Invoices HDR will provide monthly progress reports and invoices in accordance with the CLIENT's standard procedures. We will coordinate the first invoice so that the format is acceptable to the CLIENT. Each progress report and invoice package will include HDR's invoice showing all labor and direct expenses included for the period, the monthly progress report, and full documentation of labor hours and direct expenses charged for the period for HDR and each subconsultant. A total of four progress report and invoice packages (July 2017 to October 2017)will be submitted as part of this initial contract. ASSUMPTIONS • The invoice format for this project will be one that is acceptable to the CLIENT. • Progress Report and Invoice packages will be prepared monthly for four months. DELIVERABLES • Monthly Progress Report and Invoice Packages • Monthly Project Schedule update 1 .8 Project Kick-Off and Progress Meetings, Council Meeting Presentations • Regular meetings will be scheduled to monitor the progress of the project, to coordinate with team members, and to maintain accountability between all members of the team including HDR, subconsultants, the CLIENT, and WSDOT. 1 .8.1 City Council Meetings The HDR project manager will attend one City Council meeting as part of this project at the conclusion of the Alternatives Analysis(Task 3)to report progress to the Council and to support CLIENT staff representatives. Preparation for the City Council Meeting will include developing graphics and a PowerPoint presentation. ASSUMPTIONS • For budgetary purposes, one graphic will be prepared. • For budgetary purposes, one PowerPoint presentation will prepared. DELIVERABLES • Graphics 8 f City Pines ofRoad/SNSF Spokano VolloGradye,WA SeparatioI Scopen of Services June 20,2017 • PowerPoint Presentation 1 .8.2 Project Design Team Meetings The Project Design Team is made up of representatives from the CLIENT, WSDOT, BNSF (when available to participate)and the CONSULTANT. The meetings will be face to face in the CLIENT's offices. Key team members that need to participate but that cannot travel to the meetings will be included by conference call. It is anticipated that there will be two Project Design Team meetings lasting about two hours each not including travel. Three HDR staff members (Project Manager, Transportation Lead, and Railroad Bridge Lead)on average will be in attendance. Three staff members from DEA (Environmental Lead, Retaining Wall Lead, and Traffic Engineer)will also participate in the meetings. Items covered at the meetings will include: • Environmental Documentation discussion and review • Traffic Operational Analysis progress by others • Methods and Assumptions Document by others • Basis of Design review and confirmation • Review updated Risks/Opportunities Matrix • BNSF Coordination and Processing • Project Component Alternatives Development and review • Practical Design opportunities and discussion • Technical Reports and Memoranda discussion and review • Quality Control/Quality Assurance Review • Public Involvement plans and progress • Change Management DELIVERABLES • Meeting Agenda and Meeting Minutes 1 .9 Quality Control/Quality Assurance Review Quality Control reviews will be conducted by the Quality Management Team prior to submittal of major deliverables. Task 2 - Public Involvement Program The public involvement process will be performed as described below and will also follow WSDOT requirements and guidelines and will be reviewed by CLIENT and WSDOT representatives prior to implementation. • 9 City of Spokane Valley,WA I Scope of Services { Pines Road/BNSF Grade Separation June 20,2017 ASSUMPTIONS • A formal Public Participation Plan will not be prepared • The CLIENT will conduct meetings with stakeholders and citizen action committees like the Chamber of Commerce, bicycle and pedestrian groups, and other applicable stakeholders. • The CLIENT will be responsible for any press releases that are issued related to the project. • The CLIENT will be responsible for developing and updating a project website if one is created for the project. The CONSULTANT will provide necessary information to the CLIENT and the CLIENT will maintain the website. The CLIENT will provide the CONSULTANT with any feedback from stakeholders/community member use of the website. • The CLIENT will be responsible for developing and distributing Fact Sheets and "Frequently Asked Questions"sheets if they will be prepared for the project. The CONSULTANT will provide necessary information to the CLIENT so the CLIENT can publish and distribute this information. • This scope of work does not include launching social media tools as a component of communication between the CONSULTANT and stakeholders. 2.1 Public Open House CONSULTANT will arrange, prepare, and attend one Public Open House meeting. The Public Open House Meeting will be held after the Bridging the Valley (BTV) 30%design is evaluated and defined. This scope of work does not include any virtual open houses. CONSULTANT RESPONSIBILITIES AND DELIVERABLES • Coordinate logistics for the meetings • Provide sign in sheet • Provide project displays (a total of ten displays are anticipated) • Facilitate Public Open House • Provide a summary of the Public Open House CLIENT RESPONSIBILITIES, • Prepare, print, and mail postcards to the public and identified Stakeholders. • Provide facility for Public Open House • Advertise the Public Open House in the newspaper • Send open house notifications to local civic organizations • Provide refreshments, if desired 10 Ea) City of Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 • Attend Public Open House • Include Public Open House dates in City newsletter and on City website(if one is developed for the project) ASSUMPTIONS • Public Open House will last for five hours including set up and take down. • Four staff members from CONSULTANT will attend meeting Task 3 - Alternatives Analysis: Roadway and Bridge Configuration The CONSULTANT will evaluate the following two roadway and bridge alternatives and determine a preferred alternative as a result of the evaluation: Alternative 1: The Pines roadway and intersection with SR 290 shifted slightly east, SR 290 shifted south with grade lowered, and new railroad bridge as shown in the 30% BTV Plans. This alternative will be evaluated with and without the northerly connection to Cement Road. Alternative 2: The Pines roadway and intersection with SR 290 shifted farther east and aligned to cross under BNSF at a skew, and new railroad bridge shown in the 30% BTV Plans shifted farther east and modified to accommodate the skewed Pines roadway under the BNSF tracks, and SR 290 would remain at or near its existing location (horizontal and vertical). It is assumed the existing connection between Cement Road and SR 290 will remain in operation under this alternative. This alternative will be evaluated with and without a northerly connection to Portland Avenue. For both of the alternatives listed above, construction of a standard shoofly track will be compared with construction of the new railroad bridge in two phases to maintain railroad traffic. 3.1 Develop Alternative Alignments CONSULTANT will prepare alternative alignment layouts for Alternatives land 2. Roll plots (horizontal and vertical alignment including InRoads modeling) will be developed for the project for each of the alternatives including bridge geometrics so that appropriate costs can be developed. ASSUMPTIONS • CONSULTANT will use Spokane County LIDAR and Assessor parcel map to develop the topo and approximate right-of-way lines. • The alternatives will be evaluated with the typical sections from the BTV 30%design. • The BNSF bridge will accommodate two tracks which is less than the four tracks in the BTV 30%design 11 F )Fyz City nes ofRoad/BNSF Spokane ValleGrade y,WASepaI Scoperation of Services June 20,2017 • For the purposes of this Phase 1 alignment alternatives development and analysis, the Pines Road/SR 290 intersection configurations are assumed to utilize signals and intersection Control Analysis will be performed as part of a subsequent phase to determine the intersection control type. • Non-signalized intersection control at Cement Road under Alternative 2 • Truck turning movements will be performed to verify an adequate design • Roundabout alternatives will not be analyzed. DELIVERABLES • Roll plots of Alternatives 1 and 2 3.2 Evaluate Alternatives Traffic Impacts CONSULTANT will incorporate the results of the traffic operational analysis as provided by the CLIENT into the evaluation of the alternatives. Since each of the alternatives will have intersections in different locations, queue lengths, turning movements, and other traffic related elements of the alternatives will be documented so that the true impact of the alternatives is understood. ASSUMPTIONS • CLIENT will provide all necessary projected traffic volume data. DELIVERABLES • None, evaluation will be incorporated into Task 3.6 deliverable. 3.3 Evaluate Alternatives Railroad Bridge Impacts • CONSULTANT will evaluate the railroad bridge design and BNSF approval impacts for both alternatives with and without a temporary shoofly including span lengths, substructure, temporary shoring, and track configurations so that the true impact of the alternatives is understood. Conceptual railroad bridge design shall follow the BNSF/ UPRR Grade Separation Guidelines and the AREMA Manual'recommendations. ASSUMPTIONS • Two ballast-deck span types will be considered, consisting of square (unskewed) precast prestressed double cell box beams and skewed steel beam spans w/steel pan deck. • Two bent configurations will be considered, consisting of square (unskewed) precast concrete caps on steel H-pile bents and skewed precast concrete caps on steel H- pile bents. • One abutment configuration will be considered, consisting of square(unskewed) spill-through style shallow precast concrete caps on steel H-pile. 12 F)S City Pines of SpokaneRoad/BNSF ValleGradye,WASeparation I Scope of Services June 20,2017 • One foundation type will be considered, consisting of driven steel H-piling. • Draft railroad bridge design criteria will be developed, to be included in an appendix of the alternatives evaluation report. • Aesthetic and architectural treatments are not included in this evaluation of alternatives. DELIVERABLES • Railroad Bridge Impact Analysis of Alternatives 1 and 2 • A single 11x17 conceptual drawing will be created for each railroad bridge alternative, showing a plan view and an elevation view. 3.4 Develop Alternative Costs CONSULTANT will develop conceptual costs for the components included in both alternatives, with and without a temporary shoofly. This would not be a detailed cost estimate for the entire project, but a comparative cost estimate that only evaluates and compares those components related to the two bridges and associated retaining walls, and related impacts to the highway and roadways. Cost estimates will be developed with present worth prices. ASSUMPTIONS • Alternative costs for bridges will be based on structure costs per track foot. • Alternative costs for retaining walls will be based on structure cost per square foot of wall surface area. DELIVERABLES • Conceptual construction cost estimates for both alternatives, with and without temporary shoofly in MS Excel 3.5 Develop an Alternatives Evaluation Matrix CONSULTANT will develop an Alternatives Evaluation Matrix that evaluates and compares alternatives. CONSULTANT will evaluate the alternatives and recommend a preferred alternative. The team's recommendations will be vetted with the CLIENT and WSDOT before developing the recommendation in a report. ASSUMPTIONS • CONSULTANT and the CLIENT will have a meeting to discuss the evaluation components to study (i.e. cost, utilities, drainage, roadway, earthwork, right-of-way, safety, constructability and other pertinent project elements, etc.). Three HDR staff (PM, Bridge Lead, Transportation Lead) and one DEA staff(Traffic Lead)will attend. 13 City Pines of SpokaneRoad/BNSF ValleGradye,WA Separation I Scope of Services June 20.2017 DELIVERABLES • Evaluation Matrix with weighted scoring evaluating the alternatives prepared in MS Excel. 3.6 Develop Alternatives Evaluation Report CONSULTANT will summarize the findings from the Alternatives Evaluation effort in a written report. Other potential project impacts will also be evaluated: traffic operations, traffic control, utilities, drainage, roadway, earthwork, right-of-way, safety, constructability and other pertinent project elements. A draft and final version of the report will be developed and submitted to the CLIENT and WSDOT for review and acceptance. ASSUMPTIONS • CONSULTANT will conduct quality control reviews of the Draft and Final Reports prior to submittal to CLIENT. • CONSULTANT will review and incorporate one set of CLIENT comments on the Draft and Final Report DELIVERABLES • One Draft Alternatives Evaluation Report as a PDF • One Final Alternatives Evaluation Report as a PDF Task 4 - BNSF Coordination and Submittals The CONSULTANT will prepare limited submittals for BNSF Railway review in accordance with the Underpass Structure requirements of the Union Pacific Railroad- BNSF Railway Guidelines for Railroad Grade Separation Projects as part of this initial agreement. If additional submittars are necessary, they will be included in a subsequent agreement 4.1 Prepare Temporary Occupancy Application & Safety Plan CONSULTANT will prepare a BNSF Temporary Occupancy Application & Safety Plan for permission to survey, perform environmental fieldwork, and geotechnical fieldwork within the BNSF right-of-way. The agreement will specify Railroad requirements that must be met to conduct fieldwork within the BNSF right-of-way. This will also include limited coordination with BNSF by the CONSULTANT. ASSUMPTIONS • CONSULTANT will prepare the BNSF Temporary Occupancy Application&Safety Plan and provide it to the CLIENT and submit to BNSF. 14 F)? Cityof Spokane Valley,WA I Scope of Services Pines Road/BNSF Grade Separation June 20,2017 • The CONSULANT will be responsible for the$800 non-refundable processing fee. DELIVERABLES • One Application for Temporary Occupancy as a PDF 4.2 Obtain As-Built Track Plans CONSULTANT will contact BNSF and request existing track plans for the project vicinity so they are available during project design. Task 5 -- Field Reconnaissance Very limited survey will be included in this initial agreement while alternatives are being vetted. Once a preferred alternative is selected, survey efforts will be concentrated in the preferred corridor as authorized by future agreement(s). 5.1 Notifications CONSULTANT will create notification letters, which will be reviewed and approved by the CLIENT, and mailed out in advance of any field work to adjacent land owners within the project limits. DELIVERABLES • Notification letters mailed in advance of any field work 5.2 Process Spokane County LIDAR to use as Alternative Alignment Base Maps CONSULTANT will use the Spokane County LIDAR information and Assessor Parcel Maps to develop a topographical map and approximate right-of-way lines to use in the development of the identified alternatives. CONSULTANT will prepare one base maps for both alternatives analyzed. ASSUMPTIONS • Project surveying for the preferred alternative will be included in a subsequent agreement. DELIVERABLES • Base maps prepared in MicroStation that include topography and assessor parcel property lines. 15 City Pines of SpokaneRoad/BNSF VallGrade ey,WA SeparatioI Scopen of Services June 20,2017 Task 6 — Preliminary Project Construction Cost Estimate CONSULTANT will prepare a conceptual level construction cost estimate of the preferred alternative to assist the CLIENT with understanding the potential magnitude of the project and its future funding needs. 6.1 Prepare Preliminary Project Construction Cost Estimate The CONSULTANT's Engineer's Estimate and backup calculations of the preferred alternative (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be included with each Engineer's Estimate submittal. Backup calculations shall specifically include items measured by the appropriate unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis of experience and judgment. ASSUMPTIONS • The estimate shall be prepared using standard unit costs and lump sum prices. DELIVERABLES • Engineer's Estimate • Backup calculations and estimate assumptions 16 Exhibit B DBE Participation Anderson Environmental Consulting, LLC DBE Certification#D4F0020662 MWBE Certification#M4F0020662 Zero percent DBE goal established for this Agreement per WSDOT email dated November 29,2016. Agreement Number: 17-098 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 The electronic format and standards to be provided for this project are identified in Exhibit A,Scope of Work. B. Roadway Design Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. C. Computer Aided Drafting Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: 17-098 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant AGENCY will provide review comments on all milestone deliverables,as identified in Exhibit A, Scope of Work. E. Specify the Electronic Deliverables to Be Provided to the Agency The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. • F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency-furnished services and information to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: 17-098 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. III.Methods to Electronically Exchange Data CD,USB flash drive, email,or ProjectWise server. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite The electronic format and standards to be provided for this project are identified in Exhibit A,Scope of Work. • B. Electronic Messaging System Email. C. File Transfers Format The electronic format and standards to be provided for this project are identified in Exhibit A,Scope of Work. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See Exhibit D-1 for HDR Cost Computations Agreement Number: 17-098 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The six pages entitled "Exhibit D" contain confidential cost and rate data and 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. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Labor Estimate HDR Engineers Staff" contains confidential cost and rate data 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. • DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Expenses" contains confidential cost and rate data 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. See Exhibit E-1 and Exhibit E-2 for Subconsultant Cost Computations Agreement Number: 17-098 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three pages entitled "Exhibit E-1" contain confidential cost and rate data 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. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The two pages entitled "Exhibit E-2" contain confidential cost and rate data 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 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: 17-098 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit 0-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions Exhibit 0-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: 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 HDR Engineering,Inc. whose address is 1401 E Trent Ave, Suite 101, Spokane, WA 99202 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 City of Spokane Valley, Washington, 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. HDR Engineering,Inc. Consultant(Firm Name) -71/7/9 Signature(Authorized Official of 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 City of Spokane Valley I hereby certify that I am the: rij City Manager 0 Other of the City of Spokane Valley , and the City 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. ,911kO .iutAA /z77( 7 Signature Date Agreement Number: 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. H. 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. HDR Engineering,Inc. Consultant(Firm Name) 71/71/7 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 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, an 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. HDR Engineering, Inc. Consultant(Firm Name) 7/,7/�7 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G 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 manager 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: 17-098 WSDOT Form 140-089 EF Exhibit! 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. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. • Agreement Number: 17-098 WSDOT Form 140-089 EF Exhibit i 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: 17-098 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 Public 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: 17-098 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 Page 1 of 2 / ® DATE(MMIDDlYYYY) A�j CERTIFICATE OF LIABILITY INSURANCE 07/20/2017 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Willis of Minnesota, Inc. PHONEFAX c/o 26 Century Blvd (A/CA Lo.Ext): 1-877-945-7378 (A/C,No): 1-888-467-2378 P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Liberty Mutual Insurance Company 23043 INSURED INSURER B: HDR Engineering, Inc. 8404 Indian Hills Drive INSURER C: Omaha, NE 68114 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W3055388 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE RENED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 1,000,000 A X Contractual Liability MED EXP(Any one person) $ 10,000 Y Y TB2-641-444950-037 06/01/2017 06/01/2018 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y N AS2-641-444950-047 06/01/2017 06/01/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) _ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 No N/A N WA7-64D-444950-017 06/01/2017 06/01/2018 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: City of Spokane Valley Pines Road BNSF Grade Separation (CIP #0223) . Employers Liability for the Monopolistic States of ND, OH, WA, & WY is provided in the Worker's Compensation policy. State and City of Spokane Valley (Agency) , their officers, employees and agents are included as Additional Insureds as respects to General Liability and Auto Liability as required by written contract, agreement or permit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley Attn: Jim Dingfield 11707 E Sprague Avenue AUTHORIZED REPRESENTATIVE Suite 106 �jt1 /� � � Spokane Valley, WA 99206 ��11 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 14862167 BATCH: 389367 AGENCY CUSTOMER ID: LOC#: ACS D ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Minnesota, Inc. HDR Engineering, Inc. 8404 Indian Hills Drive POLICY NUMBER Omaha, NE 68114 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds where required by written contract. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability as required by written contract or agreement. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 14862167 BATCH: 39367 CERT: W3055388 Policy Number: TB2-641-444950-037 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Policy Number: TB2-641-444950-037 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations owned by or rented to the Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I—Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- tion A separate Designated Location General General Aggregate Limit for that desig- 1. Limit applies to each designated nated "location". Such payments shall not re- Aggregategat, and that limit is equal to the duce the General Aggregate Limit shown in the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations. gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 • B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit,whichever is applicable; and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 04 05 09 POLICY NUMBER: TB2-641-444950-037 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. CG 20 10 04 13 ©ISO Properties, Inc., 2012 Page 1 of 2 ❑ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization with whom you have agreed,through written contract, agreement or permit to provide additional insured coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-641-444950-037 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom or to which Any location where you have agreed,through you are required to provide additional insured written, contract, agreement or permit,to provide status in a written contract, agreement or permit additional insured coverage for completed except where such contract or agreement is operations. prohibited. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-641-444950-037 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Where required by written contract. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or"suit". LC 24 20 02 13 ©2013 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER:TB2-641-444950-037 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization:As required by written contract or agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products • - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AS2-641-444950-047 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number TB2-641-444950-037 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on File with Broker 30 Days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-641-444950-047 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on File with Broker 30 Days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 20 74 (Ed. 12-16) NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)/Organization(s): Per Schedule on file with Company 30 Days • All other terms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. WA7-64D-444950-017 Effective Date 6/01/2017 Premium$ Issued to WillisTowersWatson 101'1'1.1 Global Certificate Center Effective June 1,2017 HDR will have two separate insurance brokers. Lockton will remain HDR's insurance broker for professional liability only. Willis Towers Watson will be HDR's new broker for: 1. General Liability 2. Automobile Liability 3. Workers Compensation 4. Property/Equipment If professional liability is required by the contract documents provided in the insurance request,we will forward the information to Lockton for processing. Please direct all questions regarding certificates of insurance to HDR's insurance manager, Matthew Peterson by email at MPeterson@HDRInc.com or by phone at(402)399-1499. Regards, Willis Towers Watson Certificate Center Phone:877-945-7378 Fax:888-467-2378 Email:certificates@willis.com II �' ..O , ® DATE(MM/DDIYYY1� ACCORD /`fo CERTIFICATE OF LIABILITY INSURANCE 6/1/2018 7/20/2017 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 have ADDITIONAL INSURED provisions or 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). CONT PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX (A/C.No.Ext): (NC,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lexington Insurance Company 19437 INSURED HDR ENGINEERING,INC. INSURER B: 1429583 8404 INDIAN HILLS DRIVE INSURER C: OMAHA NE 681144049 INSURER D: INSURER E: INSURER F: COVERAGES HDRINOI CERTIFICATE NUMBER: 14841117 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYW) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX J GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY JE LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED HBODILY INJURY(Per accident) $ XXXXXXX HIRED RED ONLY AUTOS NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX $ XXXXXXX UMBRELLA LIAB _ OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER AND EMPLOYERS'LIABILITY STATUTE ERH Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A ARCH&ENG N N 061853691 6/1/2017 6/1/2018 PER CLAIM:$1,000,000 r PROFESSIONAL AGGREGATE:$1,000,000,- LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley_Pines Road BNSF Grade Separation(CIP#0223).30 DAYS NOTICE OF CANCELLATION APPLIES,10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION 14841117 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JIM DINGFIELD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E SPRAGUE AVENUE,SUITE 106 ACCORDANCE WITH THE POLICY PROVISIONS. SPOKANE VALLEY WA 99206 AUTHORIZED REPRESENTATIV ✓`7411B ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD