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17-108.00 David Evans & Associates: Barker BNSF Grade Separation Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 17-108 Firm/Organization Legal Name (do not use dba's): David Evans and Associates, Inc. Address Federal Aid Number . 908 N. Howard St., Suite 300, Spokane, WA 99201 N/A UBI Number Federal TIN or SSN Number 600 227 608 REDACTED Execution Date Completion Date /-�1v4.0sr Z y zo/7 December 31, 2018 1099 Form Required Federal Participation ❑ Yes 0 No 0 Yes ❑ No Project Title Barker Road/BNSF Grade Separation Phase I—Concept Development Design Services Description of Work • The objective of this project is to improve safety by developing a grade-separated facility at the intersection of Barker Road and the BNSF Railway railroad tracks. The objective also includes development of facilities so Barker has either a direct connection with SR 290 (E Trent Avenue), or connects with E. Wellesley, which will connect with SR 290 (E Trent Avenue). Other works associated with this project may include, depending on the outcome of the concept alternatives development and evaluation,realignment of East Wellesley Avenue, possible removal of the existing Wellesley Avenue bridges over BNSF Railway tracks and SR 290, and possible closing the Flora/BNSF Railway at-grade intersection in the City of Spokane Valley,Washington. Design development will use relevant portions of the Concept Design and 30%Bridging the Valley(BTV)Plans prepared as part of the Bridging the Valley project completed in 2004. -a a 3 El Yes Q No DBE Participation Total Amount Authorized: $172,535 ° ° > 112 tm cu ❑ Yes ✓❑ No MBE Participation :c o $0 Management Reserve Fund: � III Yes 0No WBE Participation t= a ? Maximum Amount Payable: $172,535 o M o v' [11Yes 1=1No SBE Participation c el N ° m Y X M E (13 O Index of Exhibits ° C 7.3 o a `� Exhibit A Scope of Work a o ° Exhibit B DBE Participation c c Exhibit C Preparation and Delivery of Electronic Engineering and Othercipat ••; N o Exhibit D Prime Consultant Cost Computations o Exhibit E Sub-consultant Cost Computations o -p o 75 > Exhibit F Title VI Assurances t v Exhibit G Certification Documents E • :2 3 0 Exhibit II Liability Insurancc Inorcaso (N/A for this project) c ° Exhibit I Alleged Consultant Design Error Procedures ,a Exhibit J Consultant Claim Procedures s o v g Agreement Number: 17-108 g a Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 RAvicprl 2/11/91)11 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 PRvicQ.4 3/11/2nhs Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function(CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Chris Bainbridge Name: Greg Holder, P.E. Agency: City of Spokane Valley Agency: David Evans and Associates, Inc. Address: 11707 E. Sprague Ave., Suite 106 Address: 908 N. Howard St., Suite 300 City: Spokane Valley State: WA Zip: 99206 City: Spokane State: WA Zip: 99201 Email: cbainbridge@spokanevalley.org Email: hgh@deainc.coin Phone: (509) 720-5102 Phone: (509) 232-8718 Facsimile: (503) 720-5075 Facsimile: (509) 327-7345 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Raviearl A/11/201R V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and"E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Pcvi prI Aim1i2n1a 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 apviear!�/11/9n1R D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission,percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 RAvkarl as 1i2n1 s Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this.AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Rpvicpr!nil 1/9n1 R date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 RPviCPfi ZI11/9n1R XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 R,vicprl 11/9n1 R Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Rravicorl A/11/21)1R 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 ROVIQCW1 nn 1/7n1 a 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: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Ravij,p4/11/?1)1a Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential • and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT 's, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: 17-108 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Rnvicpri 2/11/9n1 R 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. eZ-v E0 Sign re Date • • A/ e/09/2.0 ^� l' 1� 17 Signature Date I/ 9-z Y- 17 S' ature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 17-108 Local Agency AME Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Exhibit A Scope of Work Project No. 0143 See the attached Exhibit A. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 RAvisnr!11)/20/91)1 it Exhibit A Spokane City of Spokane Valley, WA Barker Road/BNSF Grade Separation Project No. 0143 Phase I - Concept Development Design Services Scope of Services Prepared by: David Evans and Associates, Inc. 908 North Howard Street, Suite 300 Spokane, WA 99201 CV! In association with HDR Engineering, Inc. August 9, 2017 Table of Contents PROJECT DESCRIPTION,DESIGN CRITERIA,AND DELIVERABLES 1 A. Project Description 1 B. Project Coordination 1 C. Design Criteria 2 D. Project Deliverables and Schedule 2 E. Information,Responsibilities,and Services Provided by the CLIENT 3 F. General Project Assumptions 3 G. Change Management 4 TASK 1.0 PROJECT MANAGEMENT,TEAM AND COUNCIL MEETINGS,AND QUALITY CONTROL 4 1.1 Project Management 4 1.2 Project Setup and Project Wise 5 1.3 Subconsultant Agreements and Coordination 5 1.4 Prepare Project Notebooks 5 1.5 Project Quality Management Plan 5 1.6 Develop Project CPD Schedule and Updates 6 1.7 Monthly Progress Reports and Invoices 6 1.8 Project Team Meetings and Council Meeting Presentations 6 1.9 Quality ControUQuality Assurance Review 7 TASK 2.0 CORRIDOR INVENTORY I DATA COLLECTION 8 2.1 Obtain As-Builts and Contract Plan Documents 8 2.2 Assemble Applicable Design Standards and Policies 8 2.3 Update/Verify Land Use Constraints 8 2.4 Verify Existing Corridor Utilities and Develop Utility Matrix(by CLIENT) 8 2.5 Site Visits to Obtain Additional Information as Needed 11 TASK 3.0 PUBLIC INVOLVEMENT PROGRAM 11 3.1 Public Open House 12 3.2 Stakeholder Meetings 13 3.3 Develop Displays for Public,Stakeholder,and Property Owner Meetings 13 TASK 4.0 NEPA RESEARCH 14 TASK 5.0 FIELD RECONNAISSANCE 14 5.1 Notifications(by CLIENT) 14 5.2 Process Spokane County LIDAR to use as Alternative Alignment Base Maps 14 TASK 6.0 ALTERNATIVES ANALYSIS FOR BARKER ROAD AND GRADE SEPARATION ALIGNMENT 15 6.1 Develop Project Alternatives 15 6.2 Develop Alternative Costs 18 6.3 Develop an Alternatives Evaluation Matrix 18 6.4 Develop Alternatives Evaluation Report 19 TASK 7.0 BNSF COORDINATION AND SUBMITTALS 19 7.1 Prepare Temporary Occupancy Application&Safety Plan 19 7.2 Obtain As-Built Track Plans 20 City of Spokane Valley Page i Scope of Services Barker Road/BNSF Grade Separation August 9,2017 PROJECT DESCRIPTION, DESIGN CRITERIA,AND DELIVERABLES A. Project Description The objective of this project is to improve safety by developing a grade-separated facility at the intersection of Barker Road and the BNSF Railway railroad tracks. The objective also includes . development of facilities so Barker has either a direct connection with SR 290(E Trent Avenue), or connects with E. Wellesley, which will connect with SR 290 (E Trent Avenue). Other works associated with this project may include, depending on the outcome of the concept alternatives development and evaluation,realignment of East Wellesley Avenue, possible removal of the existing Wellesley Avenue bridges over BNSF Railway tracks and SR 290,and possible closing the Flora/BNSF Railway at-grade intersection in the City of Spokane Valley, Washington. Design development will use relevant portions of the Concept Design and 30%Bridging the Valley (BTV) Plans prepared as part of the Bridging the Valley project completed in 2004. The project goals include: • Grade separate the Barker Road/BNSF intersection through a new or existing crossing. • Remove the existing at-grade railroad crossings at Barker Road and possibly at Flora Road. • Provide an appropriately controlled intersection for Barker Road/SR 290 or tie Barker into existing E. Wellesley. • Provide improved access to the industrial/commercial properties south of SR 290 and the BNSF Railway corridor. • Improve safety and intersection level of service. • Limit right-of-way acquisition. • Improve mobility on SR 290. • Identify and implement Practical Design Solutions to achieve economical and cost effective solutions. • Achieve City Council and public support and engagement. • Position the project to obtain future grant funding for right-of-way acquisition and construction. B. 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=Burlington Northern Santa Fe Railway(Major Project Stakeholder) • WSDOT=Washington State Department of Transportation - Project coordination with review and approval authority within State rights-of-way(Major Project Stakeholder). • CONSULTANT or DEA=David Evans and Associates, Inc. (Prime Consultant on the project) • HDR=HDR Engineering, Inc. (Major Transportation subconsultant to DEA) • CONSULTANT Team=DEA and HDR • BA=Budinger&Associates, Inc. (Geotechnical Engineering subconsultant to DEA) • HRA=Historical Research Associates, Inc. (Cultural Resources subconsultant to DEA) City of Spokane Valley Page 1 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 C. 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 if pertinent,BNSF Railway. When developing design criteria, the City's standards will govern within City's rights-of-way, WSDOT standards and Basis of Design will govern within the State rights-of-way,and BNSF's requirements will additionally be met for portions of the project within its 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 Load Resistance Factor Design (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 • 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 D. Project Deliverables and Schedule Project management and Quality Control August—December,2017 BNSF Temporary Occupancy Application and Safety Plan August/September,2017 CLIENT and WSDOT Coordination August—December,2017 Corridor Inventory and Data Collection August/September, 2017 Prepare Base Maps August/September, 2017 Alignment Alternatives Analysis September/October, 2017 City of Spokane Valley Page 2 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 Task 2017 Property Owner and Stakeholder Meetings October/November, 2017 Public Meeting November, 2017 Draft Alternatives Evaluation Report November, 2017 Final Alternatives Evaluation Report December, 2017 E. Information, Responsibilities, and Services Provided by the CLIENT The following existing 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. • Utility meeting minutes from utility coordination meetings. • 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 stormwater 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 others. This would include the current study being developed for the Spokane Valley Northeast Industrial Area Planned Action Ordinance (PAO). This would also include five-year crash data. • Existing right-of-way or plat maps for the project area. • Existing right-of-way plans for the project area. • Existing aerial photographs. • Existing current Spokane County LIDAR aerial topographic mapping information. • Barker Road/BNSF Grade Separation alternatives developed in AutoCADD by the CLIENT. • NEPA Environmental research and Mapping. • Printing and mounting displays for Public Meetings. F. 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: • The CLIENT will provide all traffic engineering services for this contract through a separate agreement with another consultant. This could include preparing a traffic operations analysis Methods and Assumptions document for approval through WSDOT. • The CLIENT will conduct coordination with utility companies and obtain as-built utility plan information. • The CLIENT will conduct most public involvement activities except as detailed in this scope of work. City of Spokane Valley Page 3 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 • The CLIENT will, through a separate agreement with another consultant, provide the necessary Capacity Justification Report as required by the Spokane Regional Transportation Council's(SRTC) Congestion Management Process. • Geotechnical engineering is not included in this agreement. It is anticipated to be included in a subsequent agreement. • • WSDOT Design and Local Agency Guidelines (LAG) Manuals 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. • MicroStation©Version 8i, SELECTSeries 3 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 2 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. • AGI32 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. • MS PowerPoint 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 processing and presentation of geospatial 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. G. 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 the following 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 1.0 PROJECT MANAGEMENT, TEAM AND COUNCIL MEETINGS, AND QUALITY CONTROL 1.1 Project Management Project management will be on-going during the course of the project. DEA's project manager will maintain communication with the CLIENT, WSDOT, and BNSF and will monitor the project's scope, schedule,and budget, will coordinate and communicate with the project's subconsultants, and other similar project management tasks. City of Spokane Valley Page 4 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 ASSUMPTION • For purposes of this scope, it is assumed that DEA project management will require 16 hours of project management per month. • For purposes of this scope, it is assumed that HDR will require 4 hours of project management per month. 1.2 Project Setup and ProjectWise DEA and HDR 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. ASSUMPTION • DEA will house the project files on its ProjectWise Server and provide access to the other consultants, CLIENT,WSDOT, and others, as appropriate. DELIVERABLE • Access to ProjectWise 1.3 Subconsultant Agreements and Coordination DEA will prepare subconsultant agreement for HDR. This will include developing the draft of the subconsultant agreement, having management from each firm review the agreement, then issuing and executing the final agreement. Agreements for other subconsultants will be included in future agreement(s). 1.4 Prepare Project Notebooks DEA will prepare project notebooks for team members (CLIENT, WSDOT, subconsultants, DEA)that include project contact information, the project's work breakdown structure(WBS) codes for invoicing, the electronic filing structure on DEA'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 notebooks will be updated periodically as approvals are granted and pertinent data becomes available. DELIVERABLES • Project Notebooks 1.5 Project Quality Management Plan DEA 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. DELIVERABLE • Quality Management Plan City of Spokane Valley Page 5 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 1.6 Develop Project CPD Schedule and Updates DEA 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, and 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. DELIVERABLES • Project Schedule • Monthly Project Schedule updates 1.7 Monthly Progress Reports and Invoices The CONSULTANT will provide monthly progress reports and invoices in accordance with the CLIENT's standard procedures. DEA will coordinate the first invoice so that the format is acceptable to the CLIENT. Each progress report and invoice package will include the CONSULTANT'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 DEA and each subconsultant. A total of four progress report and invoice packages (September 2017 to December 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 Team Meetings and 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 DEA, subconsultants,the CLIENT, and WSDOT. 1.8.1 City Council Meetings The DEA project manager will attend up to one City Council meeting as part of this project at an appropriate milestone to report progress to the Council and to support CLIENT staff representatives. This milestone will likely be after the project team develops the alternatives to be evaluated or after a preferred alternative has been selected. Additional meetings with the City Council may be included in future agreement(s). Preparation for the City Council meeting will include developing graphics and a Microsoft PowerPoint presentation. ASSUMPTIONS • For budgetary purposes, up to five graphics will be prepared for the meeting. • For budgetary purposes, up to one PowerPoint presentation will prepared. City of Spokane Valley Page 6 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 DELIVERABLES • Graphics • Microsoft PowerPoint Presentation 1.8.2 Project Progress and Coordination Meetings The Project Design Team is made up of representatives from the CLIENT, WSDOT(BNSF may participate if relevant and if they are available) and the CONSULTANT. The meetings will be face to face and will occur once a month in DEA'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 four Project Progress and Coordination Meetings lasting about two hours each, not including travel. Two DEA staff members(Project Manager, Roadway Engineer)on average will be in attendance. One staff member from HDR(Transportation Lead) will also participate in the meetings. Only staff needed at each team meeting will be invited and the list of invitees will be modified each month. Items covered at the meetings will include: • Environmental Documentation discussion and review • Traffic Operational Analysis progress by others • Basis of Design Memorandum review and confirmation • BNSF Coordination and Processing as necessary • Project 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. Unique task specific QA/QC tasks are additionally included under specific tasks to which they apply. QA/QC tasks include the following: • Draft and Final survey mapping products • Draft and Final Technical Reports • Project Alternatives Analysis and Recommendations • Draft and Final Environmental Documents • Draft and Final Alternatives Evaluation Report • Draft and Final Public Involvement Materials • Draft Basis of Design Memorandum City of Spokane Valley Page 7 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 Task 2.0 CORRIDOR INVENTORY I DATA COLLECTION The CONSULTANT Team will collect existing project information and obtain new information needed to proceed with the design documents. Sources of information may include contract plans, as-builts, surveys, field visits to collect information, State and City files and databases, design and policy manuals, transportation plans,previous corridor studies,discussions with City, State and local technical experts, and other sources of information as needed. 2.1 Obtain As-Builts and Contract Plan Documents DEA will request from the CLIENT, WSDOT, and BNSF any as-built construction documents and contract plans for improvements located in the project vicinity. This would include as-built drawings and right-of-way plans for SR 290, Barker Road,E Wellesley Avenue, and N. Del Rey Dr. DEA already has as-builts for the Wellesley Avenue bridges at the BNSF and SR 290 crossings. Any existing area boring logs,roadway structural sections or area infiltration rates that were developed for other area projects will also be provided to the CONSULTANT by the CLIENT for use as reference. ASSUMPTION • The CLIENT will provide the Design/CAD files of the realignment of Wellesley Avenue that has already been agreed to for a land exchange between two existing parcel owners (approximately 2.1 to 2.2 acres). 2.2 Assemble Applicable Design Standards and Policies DEA will prepare a WSDOT Basis of Design Form, which will include General Project Information, Project Needs, Context, and Design Controls. This Basis of Design will form the foundation from which the Design Plans will be developed and it will be important to use these same standards while preparing alignment alternatives. An initial draft of the Basis of Design will be prepared early in the process and circulated to WSDOT and the CLIENT for review. Comments from the review will be updated in the document and changes to the document throughout the development process will be tracked and also communicated to the design team. This form will be finalized and included in the future Design Report. 2.3 UpdateNerify Land Use Constraints Utilizing files and information received under prior tasks for this project and from the 30% BTV Design effort, land use constraints will be evaluated and verified for applicability to the project. Land use constraints will be identified and will be placed in a base map for referencing into the design documents, plans, and exhibits. 2.4 Verify Existing Corridor Utilities and Develop Utility Matrix(by CLIENT) The purpose of this task is to build on the utility contacts that occurred with the 30%BTV Design effort, to notify the utility companies of the proposed project, to identify existing or planned major utility lines that may affect design elements, and to develop a protocol of how to best coordinate with the utility companies. Utility transmission, distribution, and service lines information gathered will be provided to DEA for depiction on project mapping. THE CLIENT will contact utility companies early in the project so that existing and proposed utility facilities are considered throughout the design process. Utility companies will be identified and a search will be made by contacting WSDOT and known wet and dry utility providers to identify lesser known utilities(small private water, sewer, irrigation or electric utilities for instance). Each company will be contacted and copies of their existing corridor facilities will be requested. City of Spokane Valley Page 8 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 THE CLIENT will also develop a utility matrix that will be used in identifying utility constraints for the alternatives considered. The matrix will include the utility company,contact information,type of utility and location, likelihood of conflicts, any compensable property rights an existing Utility may possess, and a preliminary determination of relocation reimbursement with associated costs as best determined through coordination with the utility. Meetings with each utility purveyor will be held to discuss the project and potential relocations, as outlined in the sub-tasks below: 2.4.1 Highland Estates/Spokane County Wastewater Treatment Plant(WWTP) THE CLIENT will coordinate with representatives from Spokane County and Highland Estates regarding the possible need to demolish the wastewater treatment plant(WWTP)that has been taken out of operation. ASSUMPTIONS • The WWTP is not in operation. • The WWTP has been abandoned in-place. • Demolition of the WWTP, if needed,will be the responsibility of Highland Estates or Spokane County. DELIVERABLES • Meeting Minutes from the meeting • Copies of information and documents received from County or Highland Estates 2.4.2 Pioneer Water Company THE CLIENT will meet with Pioneer Water Company representative to determine the current status of the wells and as-built information. ASSUMPTIONS • The wells are still in operation and may be impacted due to the project. • THE CLIENT will meet with Pioneer Water Company representative to determine the current status of the well and main line(s) leaving the well. DELIVERABLES • Meeting Minutes from the meeting • Copies of information and documents received from Pioneer 2.4.3 Consolidated Irrigation District No. 19 Based on the 30% BTV design report from December 31, 2004, there are water lines that may require relocation. The CLIENT will meet with Consolidated Irrigation District No. 19 representative to determine the current status of its water lines within the project area. ASSUMPTIONS • The water line on the east side of Barker may be relocated outside of the proposed construction limits. • If the water line is relocated, it will require a plan and profile sheet(s)that will be included in a future agreement. • Water pressure calculations will not be required. City of Spokane Valley Page 9 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 • Consolidated Irrigation District No. 19 will provide required specifications for any proposed improvements. • The water line near relocated Wellesley Avenue will be protected in place. • THE CLIENT will meet with Consolidated Irrigation District No. 19 representative to determine the current status of its facilities. One meeting will include research into the current system and another meeting to discuss a proposed relocation or change to the system functionality. DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Consolidated Irrigation District No. 19 2.4.4 Telecommunications Based on the 30% BTV design report from December 31, 2004,there are significant telecommunication lines that may require relocation. On the north side of SR 290, fiber optic lines extend east-west from a vault at the NE corner of the SR 290/Barker intersection. There is also an existing fiber optic line south of the BNSF tracks that may require relocation(depending on the preferred alternative alignment). The report did not mention the number of companies present. ASSUMPTIONS • Two telecommunication utility companies are present in the area • There are fiber optic lines that will require relocation • THE CLIENT will meet with the utility companies'representative to determine the current status of their facilities. One meeting will include research into the current system and another two meetings to discuss a proposed relocation or change to the systems'functionality(relocation and conduit needs on the bridges). DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from utility companies 2.4.5 Avista Utilities(Power and Natural Gas) Based on the 30% BTV design report from December 31,2004,there are power and natural gas transmission and distribution lines within the project area. Power transmission lines cross over Trent about 500 feet west of Barker Road. Since 2004, the poles appear to have been replaced. There is a single pole on the north side of SR 290 above a rock cut. According to information from Avista,the existing clearance over Trent is 36 feet and the minimum is 34 feet. Power distribution lines are overhead on the east side of Barker Road. Based on the 30% BTV design, several poles were anticipated to require relocation outside the road construction limits. Natural gas transmission main(12-inch) is on an east-west alignment and may need to be relocated. Natural gas distribution main lines are adjacent to Consolidated's water mains. The mains are on the east side of Barker Road and on the south side of the BNSF tracks, east of Barker Road. City of Spokane Valley Page 10 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 THE CLIENT will meet with Avista Utilities representatives to determine the current status of its services within the project area. ASSUMPTIONS • THE CLIENT will meet with the Avista power and natural gas representatives to determine the current status of its facilities. For each utility, one meeting will include research into the current system and another two meetings to discuss a proposed relocation or change to the system's functionality(transmission line clearance, distribution vertical clearances, and possible gas line relocation). DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Avista 2.4.6 Yellowstone Pipeline Company Based on the 30%BTV design report from December 31, 2004,there is a 10-inch petroleum pipeline along the south side of the tracks. Depending on the preferred alternative alignment, the pipeline may be impacted. THE CLIENT will meet with a Yellowstone Pipeline Company representative to determine the current status of its services within the project area. ASSUMPTIONS • THE CLIENT will meet with the Yellowstone Pipeline representative to determine the current status of its facilities. One meeting will include research into the current system and another one meeting to discuss a proposed relocation or change to the system's functionality. DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Yellowstone Pipeline Company 2.5 Site Visits to Obtain Additional Information as Needed Technical staff from the CONSULTANT will perform site visits to obtain additional project information. This may include confirming or reviewing existing surface features, topographical, utility, boundary, environmental and other constraints. It is estimated that a total of two site visits will be required by DEA and two site visits will be required by HDR. It is assumed that two staff will participate in each site visit. DELIVERABLES • None Task 3.0 PUBLIC INVOLVEMENT PROGRAM The public involvement process will be performed as described below and will be reviewed by CLIENT and WSDOT representatives prior to implementation. ASSUMPTIONS • A formal Public Participation Plan will not be prepared. City of Spokane Valley Page 11 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 • 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 send invitations to public meetings and project related events. • 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. 3.1 Public Open House DEA will arrange for, prepare, and attend one Public Open House meeting. The CLIENT will notify the public of this meeting by sending a direct mail postcard to identified stakeholders. The Public Open House Meeting will be held after the Alternatives have been developed and reduced to three but before the preferred alternative has been selected. This scope of work does not include any virtual open houses. CONSULTANT RESPONSIBILITIES AND DELIVERABLES • Coordinate logistics for the meetings- DEA • Provide sign in sheet- DEA • Provide project displays(a total of nine displays)prepared by DEA • Facilitate Public Open House-DEA • Provide a summary of the Public Open House—DEA 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 • 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. • Two local staff members from DEA and one local staff member from HDR will attend the meeting. • Public Meeting displays will be printed and mounted by the CLIENT City of Spokane Valley Page 12 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 DELIVERABLES • None 3.2 Stakeholder Meetings DEA staff will support the CLIENT in conducting owner contact meetings with property owners that will be impacted by the project. 3.2.1 Group Property Owner Meetings The CLIENT will set up and conduct two Group Property Owner Meetings. CONSULTANT will provide plans prepared under other tasks to support this effort. One staff member from DEA will participate in two meetings and will accompany CLIENT staff to discuss the project with impacted property owners. The purpose of the meetings is to explain alternatives and potential impacts of each of the alternatives on underlying properties. The meetings will be held once the viable alternatives are developed. 3.2.2 Stakeholder Meetings The CLIENT will set up and conduct Stakeholder Meetings with critical stakeholders. The CLIENT will likely have other meetings with stakeholders but this task is for those meetings where CONSULTANT participation is needed. CONSULTANT will provide plans prepared under other tasks to support this effort. One staff member from DEA will participate in two Stakeholder Meetings (as requested by the CLIENT) accompanying CLIENT staff to discuss the project with stakeholders. The purpose of the Stakeholder Meetings is to explain the alternatives to the stakeholders and to provide project information. CLIENT RESPONSIBILITIES • Leading and setting up the Group Property Owner Meetings • Leading and setting up all Stakeholder Meetings—the CONSULTANT will only participate in meetings that the CLIENT requests DELIVERABLES • Meeting minutes from each of two Group Property Owner Meetings • Meeting minutes from Stakeholder Meetings(up to two in-person meetings with Stakeholders) 3.3 Develop Displays for Public, Stakeholder, and Property Owner Meetings DEA will develop displays that will be used for presenting the project alternatives to the public. This will include displays that depict the project but include information so the public can better understand them. The displays will show signals, pavement markings, bicycle lanes, sidewalks, bridge and wall locations, and other pertinent data. The displays will be prepared so they can be printed at 11 x 17 or a larger size for public meetings. DEA anticipates that the following seven displays will be developed: • One for each of the three advanced alternatives (two alternatives will be eliminated before approaching the public). • One for the Roadway Typical Sections • One of the proposed project schedule • Miscellaneous other displays deemed necessary (two displays) City of Spokane Valley Page 13 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 ASSUMPTIONS • Public Meeting displays will be printed and mounted by the CLIENT Task 4.0 NEPA RESEARCH The CONSULTANT will only provide oversight for this task as the CLIENT conducts a limited NEPA effort. The CLIENT will conduct desktop research to confirm found resources and discover new resources to support the Alternatives Evaluation. The findings will be mapped by the CLIENT on project base mapping and the CONSULTANT will use the information as evaluation criteria when comparing alternatives. ASSUMPTIONS • The CONSULTANT will only provide oversight of this task. • The CLIENT will provide desktop research and map any findings. • Environmental resources will not be included on mapping presented to the public. • No environmental field surveys will be included in this scope of work. DELIVERABLES BY CLEINT • Identified environmental resource included on base mapping Task 5.0 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(by CLIENT) The CLIENT will create notification letters,and, after internal review and approval, will mail them to adjacent land owners within the project limits in advance of any fieldwork. DEA will provide the list of property owners to whom letters will be sent and provide text edits for the letter. The CLIENT will determine addresses of property owners through coordination with the assessor's office. DELIVERABLES • Notification letters mailed in advance of any field work by CLIENT • List of property owners by DEA • Text edits for the letter by DEA 5.2 Process Spokane County LIDAR to use as Alternative Alignment Base Maps DEA 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. DEA will prepare base maps,one for each alternative identified in Task 6.0, Alternatives Analysis for Barker Road and Grade Separation Alignment. ASSUMPTIONS • Project surveying for the preferred alternative will be included in a subsequent agreement. City of Spokane Valley Page 14 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 DELIVERABLES • Base maps prepared in MicroStation that include topography and assessor parcel property lines Task 6.0 ALTERNATIVES ANALYSIS FOR BARKER ROAD AND GRADE SEPARATION ALIGNMENT The following grade separated alternatives will be evaluated to determine a preferred alternative to advance to design. For the alternatives the proposed roadway typical section provided by the CLIENT will be modeled, unless stated otherwise,to establish earthwork quantities and right-of-way need lines. Horizontal and vertical alignment of roadways will be developed,channelization plans will be prepared, right-of-way acquisition areas will be approximated, bridge length and orientation will be approximated, and retaining walls will be shown in plan with approximate wall face areas estimated for cost estimating purposes. Significant constructability issues also will be identified and evaluated. 6.1 Develop Project Alternatives 6.1.1 Alternative 1) This overpass option uses a new north-south alignment west of the existing Barker Road alignment, includes a bridge over the BNSF Tracks, and aligns with North Del Rey Drive. An alignment for existing SR 290 and the new connection of Barker Road and SR 290 will be designed for horizontal and vertical geometry. This would not include any revisions to the existing SR 290/Wellesley Avenue roadway network. See alignment below. A 6.1.2 Alternative 2 This overpass option uses a new north-south alignment east of the existing Barker Road alignment and includes an overpass over the BNSF Railroad. A new alignment for SR 290, new connection of Barker Road to SR 290, and the Wellesley Avenue extension to the new Barker Road alignment will be designed for horizontal and vertical geometry. See alignment below. City of Spokane Valley Page 15 Scope of Services Barker Road/BNSF Grade Separation August 9, 2017 t � t�x t, 6.1.3 Alternative 3 This underpass option uses a new north-south alignment east of the existing Barker Road alignment and includes an underpass under the BNSF Railroad as well as a shoe-fly during construction. Alignments for the new alignment for SR 290, new connection of Barker Road to SR 290, and the Wellesley Avenue extension to the new Barker Road alignment will be used from Alternative 3. Channelization plans will be carried over from Alternative 2. Right-of-way acquisition areas, approximate railroad bridge length and orientation, and retaining walls shown in plan with approximate wall face areas estimated will be approximated based on the profiles developed from the BNSF underpass. InRoads modeling will NOT be performed to establish earthwork quantities, but estimated based on the roadway profiles for cost estimating purposes. The railroad shoofly needed for construction will only be conceptually laid out for cost estimating purposes. It is anticipated that the detail and effort to develop this alternative will be reduced due to its horizontal similarity to Alternative 2 (The vertical alignments for each roadway segment may be entirely different from Alternative 2 since this is an underpass versus an overpass). See alignment below. - .�i app''• . 6.1.4 Alternative 4 This option uses the existing bridge over the BNSF tracks. The widening of westbound SR 290, a new connection of Wellesley Avenue to SR 290, and the Barker Road connection to Wellesley Avenue will be designed for horizontal and vertical geometry. For this alternative earthwork quantities and right-of-way need lines will be approximated based on horizontal and vertical alignments and the findings of the Alternative 5 analysis (additional InRoads modeling of the alignments for this alternative will NOT be performed). Channelization plans,right-of- City of Spokane Valley Page 16 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 way acquisition areas, and retaining walls shown in plan with approximate wall face areas estimated will all be adjusted from the layout of Alternative 2 (new Wellesley alignment)and Alternative 5 (New SR 290/Trent Alignment)for cost estimating purposes. It is anticipated that the detail and effort to develop this alternative will be reduced due to its similarity to Alternatives 2 & 5. See alignment below. 6.1.5 Alternative 5 This option uses a new north-south alignment east of the existing Barker Road alignment and includes an overpass over the BNSF Railroad. A new alignment for SR 290 WB and EB is developed and is constructed adjacent to the existing WB alignment in new right-of-way. This option uses the existing Wellesley bridge over the BNSF tracks to tie existing Wellesley into the new Barker alignment. An existing section of EB SR 290 is demolished. The horizontal geometrics and vertical profile of the roadways will be prepared, but InRoads modeling of the round-about intersections will NOT be performed for this alternative. The same bridge configuration from Alternative 2 will be used for this Alternative. See alignment below. Additionally, WSDOT Eastern Region has proposed other alignments similar to the one below. These other alignment concepts will be vetted with the CLIENT and WSDOT before proceeding with final layout, modeling,and development of the alternative. 440.0441.. .4111 +441 ti City of Spokane Valley Page 17 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 The CONSULTANT will prepare alternative alignment layouts for Alternatives 1-5. Roll plots (horizontal and vertical alignment including InRoads modeling, as applicable) will be developed for the alternative alignments and bridges as detailed above, so that appropriate costs can be developed. ASSUMPTIONS • The alternatives will be evaluated with the typical sections as provided by the CLIENT. • The CLIENT will provide associated turn pocket and storage lengths for each alternative and any other traffic analysis information that would impact roadway geometry. • The BNSF bridge will accommodate two tracks with 25 foot track centers with the new track located to the south of the existing mainline track. • Bridge lengths will be based on providing fill slopes into the BNSF right-of-way at 2:1 slopes. • Bridge lengths will be based on no retaining walls being utilized. • For the purposes of this Phase 1 alignment alternatives development and analysis, intersection configurations are assumed to utilize signals and an intersection Control Analysis will be performed as part of a subsequent phase to determine intersection control type. • Truck turning movements will be performed to verify an adequate design. • Detailed intersection control alternatives will not be developed for the geometric layout of the alternatives—instead, general approximate geometry will be used. • The bridge alternative developed in Alternative 2 will be used for Alternative 5. DELIVERABLES • Plan and profile roll plots of each alternative, as applicable 6.2 Develop Alternative Costs The CONSULTANT will develop conceptual costs for the components included in Alternatives 1-5. This would include a conceptual level cost estimate for the entire project that would consider items of significance including constructability issues,traffic control, utility relocation,temporary roadways, etc. Some items such as drainage, signing and pavement marking, mobilization, etc., will be estimated as a percentage of the construction cost. Cost estimates will be developed with present worth prices. The estimates will also include a generous contingency since the project at this point will only be at the conceptual stage. ASSUMPTIONS • Alternative costs for bridges will be based on structure costs per square foot from WSDOT's Bridge Design Manual with necessary engineering judgment documented. DELIVERABLES • Conceptual construction cost estimates of Alternatives 1-5 in MS Excel 6.3 Develop an Alternatives Evaluation Matrix The CONSULTANT Team will develop an Alternatives Evaluation Matrix that evaluates and compares each of the alternatives to each other. The CONSULTANT Team will collaboratively evaluate the alternatives and recommend a preferred alternative. Information obtained from the public involvement process will be included in this evaluation. The team's recommendations will be vetted with the CLIENT and WSDOT before developing the recommendation in a report. City of Spokane Valley Page 18 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 ASSUMPTIONS • DEA, HDR 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 DEA staff(PM,Bridge Lead, and Traffic Lead)and two HDR staff(Transportation Lead and Roadway Lead)will attend. DELIVERABLES • Evaluation Matrix with weighted scoring evaluating Alternatives 1-5 prepared in MS Excel. 6.4 Develop Alternatives Evaluation Report DEA will summarize the findings from the Alternatives Evaluation effort in a written report. Other potential project impacts will also be evaluated: 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 • HDR will conduct an independent quality control reviews of the Draft and Final Reports prior to submittal. • DEA 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 7.0 BNSF COORDINATION AND SUBMITTALS The CONSULTANT will prepare limited submittals for BNSF Railway review in accordance with the Union Pacific Railroad- BNSF Railway Guidelines for Railroad Grade Separation Projects as part of this initial agreement. If additional submittals are necessary,they will be included in a subsequent agreement. 7.1 Prepare Temporary Occupancy Application&Safety Plan DEA 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 • DEA will prepare the BNSF Temporary Occupancy Application & Safety Plan and submit to BNSF. • The CONSULTANT will be responsible for the$800 non-refundable processing fee. DELIVERABLES • One Application for Temporary Occupancy as a PDF City of Spokane Valley Page 19 Scope of Services Barker Road/BNSF Grade Separation • August 9, 2017 7.2 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. City of Spokane Valley Page 20 Scope of Services Barker Road/BNSF Grade Separation August 9,2017 Exhibit B DBE Participation Zero percent DBE goal established for this Agreement per WSDOT email dated February 27, 2017. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Ravicarl 1 n/.4n/9n14 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 Services. B. Roadway Design Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Services. C. Computer Aided Drafting Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Services. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 navicAri 1n/zn/9n14 D. Specify the Agency's Right to Review Product with the Consultant The AGENCY will provide review comments on all milestone deliverables as identified in Exhibit A, Scope of Services. 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 Services 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 Services. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 RPV%Cad In/An/9n1 II. Any Other Electronic Files to Be Provided The deliverables to be provided for this project are identified in Exhibit A, Scope of Services. III. Methods to Electronically Exchange Data E-mail, FTP site, CD/DVD, USB flash drive, or ProjectWise server. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Ravieari'tni2ni7nla A. Agency Software Suite The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Services. 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 Services. • • WSDOT Form 140-089 EF Exhibit C Page 4 of 4 RavicAd 1nnomi4 Exhibit D Prime Consultant Cost Computations See the attached Exhibit D. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Ravi ivi 1 n/.fin/9Md DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three 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. 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 the attached Exhibit E. • Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Ravigari 102()121)14 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three pages entitled "Exhibit E" 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. 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: 17-108 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 RRvinad 1nizni9n1a Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of the City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Ravivcd 1ni2ni2n14 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 908 N. Howard St., Suite 300, Spokane,WA 99201 and that neither the above firm nor I have: a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. David Evans and Associates, Inc. Consultant(Firm Name) /A, AWcz.9 2.0 17 Signature(Authorize Offici 1 of Consultant) Date Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Exhibit G-1(b) Certification of the City of Spokane Valley I hereby certify that I am the: 0 City Manager ❑ 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. �/�- ` 7).e 0l A a fer�' s -Z ti 7 Si nature -fpr-- U> A c 5 r Date Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Ravicari 1ono/9m Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. David Evans and Associates, Inc. Consultant(Firm Name) i-k. Sfo33/ Zo17 Signature(Authorized OK al of onsultant) Date Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, 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. David Evans and Associates,Inc. Consultant(Firm Name) '��• e`09 ,t, rI Signature(Authorized Offi ial of C sultant) Date Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Barker Road/BNSF Grade Separation Ph I * are accurate, complete, and current as of August 9,2017 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: David Evans and Associates, Inc. '14 • „..diteirti \Vet- i V`c.z i f- Signature Title Date of Execution***: 8/05120 (1 *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 17-108 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 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: 17-108 WSDOT Form 140-089 EF Exhibit i Page 1 of 2 Rpvicpr!in/An/2t1 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: 17-108 WSDOT Form 140-089 EF Exhibit! Page 2 of 2 R,vicfrl Tnigni?n1e 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: 17-108 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 RRVICPrd lo/Rn/mi 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: 17-108 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 PAvLq,d 1ni1ni2n1a ARD ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/1/2017 8/11/2017 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 (A/CNE FAX N.Ext): (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER B:Lloyd's of London 38253 1401891 2100 SW RIVER PARKWAY INSURER C: PORTLAND OR 97201 INSURER D: INSURER E: i INSURER F: COVERAGES DEAINOI CERTIFICATE NUMBER: 14894652 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 EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY N N GLO 9830389 12/1/2016 12/1/2017 EACH OCCURRENCE $ $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ $300,000 MED EXP(Any one person) $ $10,000 PERSONAL&ADV INJURY $ $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 ✓ X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N BAP 9830390 12/1/2016 12/1/2017 COMBINED NGLE LIMIT $ (Ea accident)SI $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX _ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY X AUTOS ONLY X AUTOS ONLY (Per accidentD) AMAGE $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION OTH- A AND EMPLOYERS'LIABILITY Y/N N WC 9336626 12/1/2016 12/1/2017 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL \/ N N LDUSA 1604625 12/1/2016 12/1/2017 PER CLAIM$1,000,000 LIABILITY/POLLUTION ANNUAL AGGREGATE$1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) _ /RE:CONTRACT#17-108.BARKER ROAD/BNSF GRADE SEPARATION PHASE I—CONCEPT DEVELOPMENT DESIGN SERVICES.THE STATE OF WASHINGTON AND v CITY OF SPOKANE VALLEY,THEIR OFFICERS,EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND THESE COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRACT.THE ADDITIONAL INSUREDS'OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY DAVID EVANS& ASSOCIATES,INC.WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 14894652 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CHRIS BAINBRIDGE 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 REPRESENTA I .4111k AI 4,,v2a, ©1988015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 11/25/2019 12/1/2020 Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 Zurich American Insurance Company16535 Continental Casualty Company 20443 DAVID EVANS AND ASSOCIATES, INC. 1401891 American Guarantee and Liab. Ins. Co.26247 2100 SW RIVER PARKWAY American Zurich Insurance Company40142 PORTLAND OR 97201 14894652XXXXXXX DEAIN01 - MAIN $1,000,000 GLO983038912/1/201912/1/2020 ? ?? ? $300,000 ? $10,000 $1,000,000 $2,000,000 $2,000,000 ? $1,000,000 BAP983039012/1/201912/1/2020 ? ?? XXXXXXX ? XXXXXXX XXXXXXX ?? XXXXXXX XXXXXXX NOT APPLICABLE XXXXXXX XXXXXXX WC 933662612/1/201912/1/2020 ? ? ? 1,000,000 1,000,000 ? 1,000,000 PROF. LIAB./PER CLAIM $1,000,000 AEH59192470412/1/201912/1/2020 ?CONTRACTORS??ANNUAL AGGREGATE $1,000,000 POLLUTION LIAB. RE: CONTRACT #17-108. BARKER ROAD/BNSF GRADE SEPARATION PHASE I – CONCEPT DEVELOPMENT DESIGN SERVICES. THE STATE OF WASHINGTON AND CITY OF SPOKANE VALLEY, THEIR OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS’ OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY DAVID EVANS & ASSOCIATES, INC. WHERE REQUIRED BY WRITTEN CONTRACT. 14894652 CITY OF SPOKANE VALLEY ATTN: CHRIS BAINBRIDGE 11707 E. 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