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17-090.00 Welch Comer: Sullivan-Wellesley Intersection Improvements • Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 17-090 Firm/Organization Legal Name(do not use dba's): Welch Corner&Associates,Inc. Address Federal Aid Number 350 E Kathleen Ave CM-4103(011) UBI Number . Federal TIN or SSN Number 601396799 REDACTED Execution Date Completion Date 12/21 2017 6/30/2019 1099 Form Requ red Federal Participation Eii Yes 0 No Ei Yes In No Project Title Sullivan&Wellesley Intersection Improvement Project-Phase 1 Design Description of Work Public involvement,conceptual design, and traffic capacity&safety analysis at the intersection of Sullivan and Wellesley in the City of Spokane Valley. Concept options to be analyzed include a traffic signal,single lane roundabout, or a double lane roundabout. This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Yes Q No DBE Participation Maximum Amount Payable: $48,860.00 Yes rs No MBE Participation • El Yes 0 No WBE Participation El Yes Edi No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certi ication Documents -not used Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures • Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Revised 11/01/2017 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one(1) of this AGREEMENT, between the 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 sta f 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. 11. 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: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 11/01/2017 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. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation.Non-minority,woman owned DBEs does not count towards UDBE goal attainment. 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: Erica Amsden Name: Welch Comer&Associates,Inc. Agency: City of Spokane Valley Agency: Address: 10210 E. Sprague Avenue Address: 350 E Kathleen Ave City: Spokane Valley State: WA Zip: 99206 City: Coeur d'Alene State: ID Zip: 83815 Email: eamsden@spokanevalley.org Email: wc@welchcomer.com Phone: (509)720-5012 Phone: 208-664-9382 Facsimile: (509)720-5075 Facsimile: 208-664-5946 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 conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must 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: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 11/01/2017 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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE)date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject t renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve(12)month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12)month period. The fixed fee as identified in Exhibits "D"and"E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) frionth period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 11/01/2017 B. 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 lowest price available,unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air,train and rental card 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 these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable:The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one(1.)The Maximum 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. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit"D," including names and classifications of all employees, and billings for all direct non salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. 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 SERVICES under this AGREEMENT, contingent upon receipt of all PS&E,plans, maps,notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to th 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 s 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. Per WSDOT's"Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"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 F. 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 fina 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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 11/01/2017 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 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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 11/01/2017 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 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 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 in accordance with the termination for other than default clauses listed previously. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 11/01/2017 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 i 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. 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 Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 11/01/2017 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 tie,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 la , Title 51 RCW. This waiver has been mutually negotiated by the Parties. 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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 11/01/2017 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: Erica Amsden Agency: City of Spokane Valley Address: 10210 E. Sprague Avenue City: Spokane Valley State: WA Zip: 99206 Email: eamsden@spokanevalley.org Phone: (509)720-5012 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 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. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part , 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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 11/01/2017 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 fina 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 supplemen 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. Certificatio 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 inAGREEMENT'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. 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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 11/01/2017 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 Confidentia Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes,but is not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers, financial profiles credit card information, driver's license numbers,medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data,non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE and AGENCY security data,or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State s Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release,divulge,publish,transfer, sell,disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received; who received, maintained and used the State s Confidential Information; and the final disposition of the State s Confidential Information. The CONSULTANT's records shall be subject to inspection,review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. 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 sha be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 11/01/2017 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 t 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 la . If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"o 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,AGREEMENTs, 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,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. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 11/01/2017 For purposes of this AGREEMENT, "ESP"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. /b/ /)//7 Signature Date \//m, Lk I/20/7 Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 17-090 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Revised 11/01/2017 Exhibit A Scope of Work City of Spokane Valley Sullivan &Wellesley Intersection Improvement Project CIP#0249 Phase 1-Concept Development Phase PROJECT DESCRIPTION • OWNER:City of Spokane Valley • ENGINEER:Welch Corner Engineers • PROJECT:Sullivan&Wellesley Intersection Improvement Project • PROJECT DESCRIPTION: Owner desires to improve intersection capacity and safety at Sullivan and Wellesley. Exact improvements will be determined during Phase 1, but could include a traffic signal,single lane roundabout,or a double lane roundabout. NATURE OF WORK The ENGINEER will provide preliminary design, public involvement,and prepare final Plans, Specifications,and Estimates for the intersection improvements. The design,to the extent feasible,will be developed in accordance with the latest edition and amendments of the following: • Washington State Department of Transportation, "Standard Specifications for Road, Bridge,and Municipal Construction." • Washington State Department of Transportation, "Standard Plans for Road and Bridge Construction." • AASHTO Guide for the Development of Bicycle Facilities • Washington State Department of Transportation, "Highway Design Manual." • Washington State Department of Transportation,"Material Laboratory Outline." • FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways." • Washington State Department of Transportation, "Construction Manual." • Washington State Department of Transportation, "Local Agency Guidelines." • City of Spokane Valley, "Standard Plans." TASK 1—PROJECT MANAGEMENT 1.1 Project Reporting/Project Management The ENGINEER will maintain regular contact with OWNER's Project Manager and maintain regular coordination with CITY staff for this project. The ENGINEER's Project Manager will be responsible for: 1.1.1 Owner Communication:Maintaining regular contact with the OWNER through informal office visits(assumed at 4 visits)by the PM except where other visits are referenced under other tasks),telephone conversations,e-mail and faxes to keep the OWNER informed on the progress of this contract. 1.1.2 Project Setup/Maintenance:Setting up hard copy and electronic files. 1.1.3 Status Reports: Providing status reports and invoices for work performed each month for the duration of the project. 1.1.4 Project Schedule:The ENGINEER will develop,with input from the OWNER,an initial project schedule. ENGINEER will update the project schedule periodically(3 updates are assumed)to reflect completion and budget.Changes in scope or schedule will be monitored by ENGINEER and communicated to OWNER. Amendments to address out of scope work or schedule modifications will be negotiated prior to the start of the additional work or implementing the schedule revision. 1.1.5 General Project Management:Coordinate design team activities so that the work is completed on schedule,meets industry standard of care,and meets the OWNER's needs and expectations as defined in this scope of work. The project manager will provide overall project management for the ENGINEER's work elements,including coordination with the OWNER and subconsultants. 1.2 Kick-off Meeting A Project Kick-off Meeting will be conducted to provide the necessary basis for a successful project that satisfies the needs of the OWNER, ENGINEER,and community at large. The Project Kick-off Meeting agenda will include discussion of overall project needs,community goals,areas of responsibility, project scope, budget and commitments to decision making and schedule. TASK 1 Deliverable(s) • Project schedule • Project schedule updates(3 updates are assumed) • Project meeting agendas and minutes(assumes 4 meetings) • Monthly progress reports and invoices TASK 2—PUBLIC INVOLVEMENT PLAN The goal of this process is to engage and educate the public about this intersection project. ENGINEER will execute a public involvement process that will include coordination with stakeholders,two public meetings,and periodic updates for use by the OWNER on their webpage and/or social media. 2.1 Stakeholder Coordination:ENGINEER will develop a stakeholders list,with input from the OWNER,and determine the method of outreach to each stakeholder. Stakeholders could include people and/or organizations such as Spokane County, East Valley School District, Spokane Transit Authority,adjacent property owners, EMS,Trucking industry,etc. Outreach could be individual meetings or presentations to specific groups. Its assumed a total of 6 meetings will be needed with Stakeholders. 2.2 Public Meeting: ENGINEER will facilitate a public meeting. The meeting will consist of an upfront presentation by the ENGINEER followed by an open-house. The options being considered will be presented to the public, but no recommendation will be provided. As part of the presentation,the ENGINEER will show a simulation of vehicles navigating at a traffic signal and a roundabout. The OWNER will develop an invitation and write the public notification. The ENGINEER will provide sign-in/comment sheets and provide appropriate plans, brochures,and exhibits for discussion. The meeting will likely be at one of the schools adjacent to the project or at a facility arranged by the OWNER. ENGINEER will develop mailing list from the public meeting and deliver to the OWNER. TASK 2 Deliverable(s) • All necessary exhibits, literature, comment sheets, and renderings required for the public meetings. • A written summary to the OWNER of the written and verbal comments received from the public meeting. • Updates,drawings and exhibits necessary for the City's project website. • Electronic files of Traffic Models&Simulation. TASK 3—INTERSECTION CONCEPT DEVELOPMENT&ANALYSIS The ENGINEER will perform a comparison of a traffic signal,single-lane roundabout,and a double-lane roundabout. The specifics of this analysis are as follows: 3.1 Field Visit and Investigation:The ENGINEER will visit the site to familiarize themselves with the "lay of the land"to fully understand the site. 3.2 Comparison Criteria: Develop criteria for comparison purposes. Criteria will likely be:Capital Cost,Maintenance Cost,Vehicular Safety, Pedestrian/Bicycle Safety,Private Property Impacts, Traffic Performance,Emissions&Noise,Level of Service(mostly from north Sullivan corridor study),and Public Acceptance. While there certainly could be more,these will likely be the primary variables in the comparison analysis. 3.3 Traffic Performance Analysis:-The OWNER will provide the ENGINEER with all available traffic data and recent existing study material,including the Sullivan Road Corridor Study(already provided to ENGINEER). The ENGINEER will utilize all existing traffic data,anticipated growth projections,and anticipation of the Bigelow Gulch project to: 3.1.1 Existing Traffic Data:Determine existing turning movement volumes from existing data provided. Provide a traffic volume diagram. 3.1.2 Traffic Data Confirmation:Use the future conditions data provided by the City and confirm this data with the County based on their understanding of the traffic that will utilize the intersection once the Bigelow Gulch connection is made. Document and verify assumptions in the future conditions analysis. This analysis will be used to confirm and complement the findings and analysis in the Sullivan Corridor Study. 3.1.3 Traffic Analysis:Perform analysis on each future condition option being considered by the OWNER using SYNCHRO and SIDRA software:traffic signal, 1-lane roundabout,and 2-lane roundabout. If the roundabout option is selected,analyze the future conditions traffic data to give an indication when a two-lane roundabout will be necessary and compare the operational benefits of the two-lane roundabout over the single lane roundabout. 3.1.4 Option Design: Use the data to optimize lane configuration,timing,etc,for the preferred alternative. Calculate queue lengths for alternatives for use in relocating the southeast intersection approach and determining turn lane lengths if a signalized intersection is selected. 3.1.5 Signal Warrant Analysis:If a signal is the preferred alternative,complete a signal warrant analysis. 3.1.6 Report:Provide a traffic report summarizing the data,assumptions,and results. 3.4 Conceptual Geometric Design: Produce conceptual geometric designs for each option being compared/considered. The designs will focus on horizontal geometry and consider issues such as transition to existing roadways,shape and curvature of entrance/exits,size and shape of the roundabout center island/truck apron pedestrian crossing location and configuration,and bicycle lanes. 3.5 Right of Way Impacts:Conduct a right of way impact analysis for each option by calculating the amounts of property needed from each parcel impacted by the project. 3.6 Life Cycle Cost Analysis:Conduct a cost/benefit analysis of each option to determine the relation between initial capital costs and long-term maintenance costs. 3.7 City Council Presentation 1:Prepare a detailed presentation of the comparative analysis to the City Council for consideration. The presentation will include an animation that represents how each option performs. The presentation will not include a recommendation and we will not ask for direction at this time. Rather,we'll seek to educate the City Council on the pros and cons of each option. COSV will attend another City Council meeting to request specific direction. Services provided after this presentation can be added via supplemental agreement. TASK 3 Deliverable(s) • Electronic files of Synchro&SIDRA Models • Traffic Report • AutoCAD&Hard Copies of Conceptual Design • Right of Way Impact Analysis • Life Cycle Cost Analysis 6 S "TFt.ail'B A PROFESSIONAL SERVICES CORPORATION Z.tf-cgri:fy From 4ic 7rouKd UP November 10, 2017 File: SPP17152 Mr. Matthew Gillis, P.E. Senior Project Manager Welch Corner Engineers 350 East Kathleen Avenue Coeur d'Alene, ID 83814 RE: PROPOSAL Geotechnical Engineering Evaluation Sullivan &Wellesley Intersection Improvement Sullivan Road &Wellesley Avenue Spokane Valley,Washington Greetings Mr. Gillis: Thank you for allowing STRATA the opportunity to assist Welch Corner Engineers (Welch Corner) with the Sullivan and Wellesley Intersection Improvements project planned in the city of Spokane Valley, Washington. We provide this proposal, at your request, to perform a geotechnical engineering evaluation at the site and provide a subsequent geotechnical report deliverable with recommendations to assist the design team during the project development and construction phases. Specifically, our scope of service includes conducting field exploration on the west, east, and north sides of the existing intersection, laboratory testing, and providing earthwork and asphaltic pavement recommendations. The following paragraphs present our current project understanding, proposed scope of service, estimated schedule, and fees. PROJECT UNDERSTANDING We base our project understanding on our discussions with you on November 2, 2017 and on our review of the Sullivan &Wellesley Intersection Improvement Project request for qualifications(RFQ), dated September 22, 2017. We understand the City of Spokane Valley (City) desires to construct a roundabout at the intersection of Sullivan Road and East Wellesley Avenue. The proposed roundabout will shift the intersection north by approximately 100 feet and will comprise single or double lanes surrounding a center island. Curb dividers are planned to separate traffic at the entry/exit points. The roundabout will also feature new sidewalks adjacent to the reconstructed portions of Wellesley Avenue and Sullivan Road, and the Sullivan Road approach from the north will be re-constructed as a four-lane road. The planned roundabout will likely match the existing Sullivan Road and Wellesley Avenue pavement grade and section thickness, pending the results from our geotechnical engineering evaluation. Below the existing asphalt pavement section and embankment fill placed to meet grade, our research and experience in the area suggests we will encounter native gravel with silt and sand within the upper 50 feet of the soil profile. Bedrock and groundwater is not expected within the upper 50 feet of the subsurface soil profile. The City selected Welch Corner, based on their qualifications, to provide planning and engineering services for this project. We understand Welch Comer requests STRATA provide earthwork and pavement design recommendations and construction considerations on the City's behalf to assist project planning, design, and construction. 10020 East Knox Avenue,Suite 200, Spokane,Washington 99206 P.509.891.1904 F.509.891.2012 www.stratageotech.com PROPOSAL—Geotechnical Engineering Evaluation Sullivan&Wellesley Intersection Improvements File:SPP17152 Page 2 PROJECT APPROACH The primary focus of our subsurface exploration will be to identify the existing pavement section thickness, base course, subbase, and subgrade soil type, undocumented fill deposits, determine the moisture sensitivity and re-usability of on-site soils, and identify soil strength properties for our pavement design. Our goal is to reduce the potential for earthwork contractor change orders and overall project fees. To accomplish this, we proposed to advance 4 exploratory borings over existing asphalt in the locations illustrated on the enclosed Proposed Exploration Location Plan, and supplement boring exploration with hand-dug test pits outside the asphalt pavement surface within the right-of-way(ROW). We propose to provide our draft geotechnical report for project team review. The report will include exploration results, laboratory testing, geotechnical recommendations, and illustrative schematics for team comments. Once design is substantially complete, we will review project plans, team comments, and provide our formal geotechnical report including exploration results, laboratory test results, and geotechnical recommendations. The following section outlines our specific scope of service based on this project understanding. SCOPE OF SERVICE Based on the above project understanding, we propose to accomplish the following scope of service, if authorized: 1. Conduct a site visit to establish and mark proposed exploration locations prior to utility locating. 2. Contact the Washington Utility Notification Center 2 full business days (excluding weekends and holidays) prior to exploration to identify public utilities within 50 feet of proposed boring and hand-dug test pit locations. STRATA will coordinate site exploration schedules and public utility locating with Welch Corner. Please note that public utility locators will not mark private utilities, and STRATA and our subcontractors cannot be held responsible for damage or repair to improperly marked public or private utilities. 3. Subcontract a certified traffic control company to submit a traffic control plan to the City and provide traffic control services during exploration activities. 4. Subcontract a drill rig and operator to advance 4 exploratory borings at the project site. We will extend borings up to 10 feet below the existing asphalt surface, or to refusal on bedrock or other obstructions. We will obtain select soil samples from borings at 2.5- to 5.0-foot- intervals for laboratory testing and record the depth to groundwater, if encountered. Exploratory borings will be loosely backfilled with bentonite upon completing exploration. Borings advanced over asphalt will receive a cold-mix asphalt patch at the surface. 5. Perform 2 to 3 hand-dug test pits outside the existing asphalt pavement surface within the existing ROW to gather bulk samples of the subgrade soil. Hand-dug test pits will extend to a maximum depth of 3 feet. Test pit areas will not be landscaped or compacted and minor surficial site disturbance following exploration should be expected. 6. Observe borings and hand-dug test pits and describe, classify, and log the subsurface conditions referencing the Unified Soil Classification System (USCS). Once the borings and test pits are backfilled, we will stake and label each location to assist future surveying, if desired. Additionally, we will document exploration locations using a commercially available global positioning system (GPS)device and confirm by measuring from existing site features. 7. Accomplish laboratory testing on site samples obtained during fieldwork referencing ASTM International test standards. Laboratory test results will be used to assist soil classification and characterize soil engineering parameters. Laboratory testing may include, but is not www.stratageotech.com ©2017 by Strata.All rights reserved. PROPOSAL—Geotechnical Engineering Evaluation Sullivan&Wellesley Intersection Improvements File:SPP17152 Page 3 limited to: O Grain size distributions 4 Moisture-density relationship curves O Atterberg limits (Proctor) 0 California Bearing Ratio(CBR) 8. STRATA will perform engineering analyses to provide geotechnical design and construction recommendations for the following: O Earthwork • Site and subgrade preparation • Site stripping • Undocumented fill removal • Excavation characteristics • Soil product specifications and required compaction ■ Structural Fill requirements • On-site soil re-use feasibility • Wet weather,wet soil construction, and over-excavations • Geosynthetic applications O Asphalt Pavement Section Design • Traffic loading assumptions • AASHTO"flexible" pavement section thickness • Recommended pavement section materials • Pavement maintenance • Pavement drainage considerations O Additional recommended services 9. Prepare and provide a draft geotechnical report deliverable summarizing our recommendations including exploration site plan, logs, laboratory test results, and related visual aids. 10. Upon receipt of substantially complete design information and draft report feedback, we will update and issue our final report deliverable. LIMITATIONS STRATA's scope is limited to providing earthwork and asphaltic pavement recommendations for the proposed Sullivan and Wellesley Avenue Intersection Improvements project. The scope of services presented above does not evaluate or address the following: O Shallow foundations i Concrete slabs-on-grade O Deep foundations 0 Rigid pavement design O Lateral earth pressures 0 Construction or permanent dewatering O Erosion and sediment control 0 Permanent slopes O Hazardous substances 0 Site safety O Structural design 0 Any other services not explicitly O Surveying discussed above We do not propose to install groundwater monitoring wells or provide groundwater depth fluctuations by season. Our scope of services does not include a hazardous waste evaluation of any kind, however, we will notify Welch Corner if we suspect the site is contaminated with hazardous waste. Site safety is of the utmost importance; as a safety precaution, we will not proceed with the subsurface evaluation if we suspect unmarked utilities are present. If we are authorized to provide the services outlined in this proposal, we further recommend STRATA be retained to observe the conditions encountered during construction are consistent with the conditions exposed in explorations. This is critical to the overall geotechnical design process and www.stratageotech.com ®2017 by Strata.All rights reserved. PROPOSAL—Geotechnical Engineering Evaluation Sullivan&Wellesley Intersection Improvements File:SPP17152 Page 4 is the standard-of-care in the industry. If we are not retained to confirm the conditions encountered and observe our recommendations are followed, we cannot be responsible for construction-related errors, omissions or contractor or designer misinterpretations of our report recommendations. SCHEDULE AND ESTIMATED FEES We can typically perform fieldwork within 2 weeks of receiving formal authorization to proceed. Fieldwork is anticipated to take 1 full business day on site. We estimate laboratory testing can be accomplished within 15 business days from exploration, and that our geotechnical report deliverable can be accomplished within 15 business days thereafter. Based on the funding agency, we propose to perform the geotechnical services described above on a cost-plus-fixed-fee basis, with the estimated total fee of $10,447.33 not to be exceeded without prior written authorization from Welch Corner. CLOSING AND AUTHORIZATION We sincerely appreciate the opportunity to continue our working relationship with Welch Corner Engineers, and we look forward to providing geotechnical engineering services for this project. If you agree to the above scope of service and our estimated schedule and fees, please provide a Subconsu/tant Agreement referencing this proposal for our review and execution. Please do not hesitate to contact us if you have any questions. Sincerely, STRATA *AAA 44447- Ryan M. Lewis, P.E. Project Manager Aaron W. Lewis, P.E. Project Engineer • RMUAWUrl Enclosures: Proposed Exploration Location Plan Man-hour Estimate Lab Fee Estimate Drilling Subcontractor Fee Estimate Certified Traffic Control Unit Fees www.stratageotech.com ®2017 by Strata.All rights reserved. „ VICINITY MAP NOT TO SCALE s _ � .�:s tr w s' jar A. a11”..^" » ' :,,ai Exhibit B DBE Participation/SBE Plan In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work.Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. 0%DBE Goal per WSDOT email dated 9/25/17. Agreement Number: 17-090 Exhibit B-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 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 agenc .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 Not Applicable B. Roadway Design Files Design files shall be transmitted via email or COSV FTP site. C. Computer Aided Drafting Files Computer aided drafting files shall be in AutoCAD Civil 3D with relevant project data and drawing files. Consultant will coordinate with the Agency for the latest version being used. Files shall be transmitted via email or COSV FTP site. Agreement Number: 17-090 Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 4 Revised 11/01/2017 D. Specify the Agency's Right to Review Product with the Consultant Agency has full right to review work with the consultant, ask questions,and request revisions to be made to the products. E. Specify the Electronic Deliverables to Be Provided to the Agency Project deliveries specified in the individual task orders may be transmitted via email, delivered with a CD, or through the Agency's or Consultant's FTP site. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency will provide an up to date AutoCAD template,GIS services such as aerial imagery or parcel line files, and existing traffic data or files. Agreement Number: 17-090 Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 4 Revised 11/01/2017 II. Any Other Electronic Files to Be Provided Additional electronic files to be provided include,but are not limited to: -Project title blocks,title block data, or other project specific CAD files. -Traffic models per the scope of work. III. Methods to Electronically Exchange Data Project deliveries may be transmitted via email, delivered with a CD, or through the Agency's or Consultant's FTP site. Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 4 Revised 11/01/2017 A. Agency Software Suite Microsoft Office AutoCAD Civil 3D SYNCHRO SIDRA B. Electronic Messaging System Email C. File Transfers Format File transfers may be conducted via email, delivered with a CD, or through the Agency's or Consultant's FTP site. Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 4 Revised 11/01/2017 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three pages entitled "Welch Corner Manhour Estimate Summary" contains confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The four pages entitled "Exhibit E / Sub-consultant Cost Computations" 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 CONSU TANT 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: 17-090 Exhibit F-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultan Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbyin Exhibit G-4 Certificate of Current Cost or Pricing Dat Agreement Number: Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 Exhibit G-1(a) Certificatio of Consultant I hereby certify that I am the and duly authorized representative of the firm of Welch Corner&Associates,Inc. whose address is 350 E Kathleen Ave Coeur d'Alene, ID 83815 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 CONS TANT) 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, o ganization or person (other than a bona fide employee working solel 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 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. Welch Corner&Associates,Inc. Consultant(Firm Name) )// Signature( uthorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 Exhibit G-1(b) Certificatio of The City of Spokane Valley I hereby certify that I am the: ❑I City Manager El Other of the Agency: City of Spokane Valley , and Welch Corner&Associates 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; o b) Pay, or agree to pay,to any firm,person, or o ganization, 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 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. WaiLL CA10449t4, 12/21/2/017 Signature Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 Exhibit G-2 Certificatio 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 receivin 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; an 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. Welch Corner&Associates,Inc. Consultant(Firm Name) Signature(Aut/J7 cial of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 Exhibit G-3 Certificatio 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 age , a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connectio 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 age , a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with thi 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 transactio was made or entered into. Submission of this certification is a prerequisite for making or entering int this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the require 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. Welch Corner&Associates Consultant(Firm Name) /1/ / /z- /_) / Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1 Revised 11/01/2017 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 th 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 theirproject 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: 17-090 Exhibit I-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2 Revised 11/01/2017 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 necessar , 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 reflec 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: 17-090 Exhibit I-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2 Revised 11/01/2017 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 clai • 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 wit 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: 17-090 Exhibit J-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2 Revised 11/01/2017 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 clai • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associate 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 fmal 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: 17-090 Exhibit J-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2 Revised 11/01/2017 ® DATE(MM/DDIYYYY) ARD CERTIFICATE OF LIABILITY INSURANCE 12/15/2017 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Marsh Sponsored Programs PHONE FAX 800-338-1391 a division of Marsh USA Inc. E-MAILarc.No.pm: (A/C.No):888-621-3173 PO Box 14404 A DD RESS:acecclientrequest@marsh.com Des Moines IA 50306 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Welch Comer & Associates, Inc. INSURER C: 350 E. Kathleen Ave Coeur d'Alene, ID 83815 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSREXP TYPE OF INSURANCE INR Wyp POLICY NUMBER (MMID YEFF DVYYI Y) (MMIDWY LIMITS A GENERAL LIABILITY Y 84SBWPE7506 06/01/2017 06/01/2018 EACH OCCURRENCE 81,000,000 ED X COMMERCIALGENERALUABIUTY Prof. Li db. Excl. PREMISESO(Eaoccccurrrrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(My one person) $10,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY I X I j n LOC $ A AUTOMOBILE UABILITY Y 84UEGJG8829 - 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ PROPERTY $ HIRED AUTOS AUTOS (Per cit $ A x UMBRELLA(JAB ` OCCUR Y 84SBWPE7506 06/01/2017 06/01/2018 EACH OCCURRENCE $2,000,000 EXCESS!JAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH. AND EMPLOYERS LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1-1 NIA EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE$ If yesdescribe under DES(RIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/UEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: Sullivan & Wellesley Contract - CIP#0249 The City of Spokane is included as an additional insured on the above coverages when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE_ ^"J--r• (Y/_'l 10210 E. Sprague Avenue /�Nd+`l�.J Spokane Palley, WA 99206 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i'�...IN WELCCOM-01 NWEISER ACORU" DATE(MM/DD/YYYY) ki.------ CERTIFICATE OF LIABILITY INSURANCE 12/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAppMEACT The Hartwell Corporation PHONE 208 459-1678 FAX PO Box 400 (A/c,No,Ext):( ) (a/c,No):(208)454-1114 Caldwell,ID 83606 ADDRESS:nancy@thehartwellcorp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Idaho State Insurance Fund 36129 , INSURED INSURER B:XL Specialty Insurance Co. 37885 Welch,Comer&Assoc.inc INSURER C: 350 E.Kathleen Avenue INSURER D: Coeur d'Alene,ID 83815 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP OMITS LTR INSD WVD IMM/DDIYYYYI IMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,$ POLICY LOC PRODUCTS-COMP/OP AGG 1— OTHER: $ AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ I_ OWNEDURTEONLY _ SCHEDULED pBORDILY INJURYp (Per accident) $ AUTOS ONLY NON-OWNEDUUTSS NY (Perr ac dent)AMAGE $ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 651659 11/01/2017 11/01/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICERMIEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liabili DPR9911790 03/01/2017 03/01/2018 Each Claim 1,000,00 B $20,000 deductible DPR9911790 03/01/2017 03/01/2018 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. RE:Sullivan&Wellesley Improvement Proj-Phase 1 Design 11707 E.Sprague Ave.,#106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I 9 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WELCCOM-01NWEISER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/06/2018 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). CONTACT PRODUCER NAME: The Hartwell Corporation PHONEFAX (208) 459-1678(208) 454-1114 (A/C, No, Ext):(A/C, No): PO Box 400 E-MAIL nancy@thehartwellcorp.com Caldwell, ID 83606 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Idaho State Insurance Fund36129 INSURER A : Berkley Insurance Company32603 INSURED INSURER B : Welch, Comer & Assoc.Inc INSURER C : 350 E. Kathleen Avenue INSURER D : Coeur d'Alene, ID 83815 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ A PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 65165911/01/201711/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ B Professional LiabiliAEC-9021897-0003/01/201803/01/2019 Each Claim1,000,000 B$20,000 deductibleAEC-9021897-0003/01/201803/01/2019 Aggregate1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. RE: Sullivan & Wellesley Improvement Proj-Phase 1 Design 11707 E. Sprague Ave., #106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WELCCOM-01MSAXTON DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/08/2018 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). Melinda Saxton CONTACT PRODUCER NAME: The Hartwell Corporation PHONEFAX (208) 459-1678(208) 454-1114 (A/C, No, Ext):(A/C, No): PO Box 400 E-MAIL melinda@thehartwellcorp.com Caldwell, ID 83606 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Idaho State Insurance Fund36129 INSURER A : Berkley Insurance Company32603 INSURED INSURER B : Welch, Comer & Assoc.Inc INSURER C : 350 E. Kathleen Avenue INSURER D : Coeur d'Alene, ID 83815 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ A PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 65165911/01/201811/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ B Professional LiabiliAEC-9021897-0003/01/201803/01/2019 Each Claim1,000,000 B$20,000 deductibleAEC-9021897-0003/01/201803/01/2019 Aggregate1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. RE: Sullivan & Wellesley Improvement Proj-Phase 1 Design 10210 E. Sprague Ave. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Dmjfou$;!65657XFMDDPNF EBUF!)NN0EE0ZZZZ* BDPSE UN DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 604103131 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!boz!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS Usvez!Ifosz OBNF; GBY QIPOF Hsfzmjoh!Jot/!Csplfsbhf0FQJD 881/663/5336977/661/5193 )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM 4891!Nbotfmm!Se/!Tvjuf!481 usvez/ifoszAhsfzmjoh/dpn BEESFTT; Bmqibsfuub-!HB!!41133 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Tfoujofm!Jotvsbodf!Dpnqboz 22111 JOTVSFS!B!; JOTVSFE JOTVSFS!C!; Xfmdi!Dpnfs!'!Bttpdjbuft-!Jod/ JOTVSFS!D!; 441!F/!Mblftjef!Bwf-!Tvjuf!212 JOTVSFS!E!; Dpfvs!E!Bmfof-!JE!!94925 JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; 31.32 UIJT!!JT!!UP!!DFSUJGZ!!UIBU!!UIF!!QPMJDJFT!!PG!!JOTVSBODF!!MJTUFE!!CFMPX!!IBWF!CFFO!JTTVFE!!UP!UIF!!JOTVSFE!!OBNFE!BCPWF!!GPS!UIF!!QPMJDZ!QFSJPE JOEJDBUFE/!!!OPUXJUITUBOEJOH!!BOZ!!!SFRVJSFNFOU-!!UFSN!!PS!!DPOEJUJPO!PG!!BOZ!!DPOUSBDU!PS!!PUIFS!!EPDVNFOU!!XJUI!!SFTQFDU!!UP!!XIJDI!!UIJT DFSUJGJDBUF!!NBZ!!CF!!JTTVFE!!PS!!NBZ!!QFSUBJO-!!!UIF!!JOTVSBODF!!BGGPSEFE!!CZ!!UIF!!QPMJDJFT!!EFTDSJCFE!!IFSFJO!!JT!!TVCKFDU!!UP!!BMM!!UIF!!UFSNT- FYDMVTJPOT!!BOE!!DPOEJUJPOT!!PG!!TVDI!!QPMJDJFT/!!!MJNJUT!!TIPXO!!NBZ!!IBWF!!CFFO!!SFEVDFE!!CZ!!QBJE!!DMBJNT/ JOTSBEEMTVCSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTSXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% BY31TCXQF8617170120313117012031322-111-111 EBNBHF!UP!SFOUFE % Y2-111-111 DMBJNT.NBEFPDDVS QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% 21-111 QFSTPOBM!'!BEW!JOKVSZ% 2-111-111 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS; HFOFSBM!BHHSFHBUF%3-111-111 QSP. 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XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZ!QSPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* SF;!Tvmmjwbo!'!Xfmmftmfz!Dpousbdu!DJQ$135:!Uif!Djuz!pg!Tqplbof!jt!obnfe!bt!bo!Beejujpobm!Jotvsfe!xjui sftqfdut!up!Hfofsbm!'!Bvupnpcjmf!Mjbcjmjuz!xifsf!sfrvjsfe!cz!xsjuufo!dpousbdu/!Tipvme!boz!pg!uif!bcpwf eftdsjcfe!qpmjdjft!cf!dbodfmmfe!cz!uif!jttvjoh!jotvsfs!cfgpsf!uif!fyqjsbujpo!ebuf!uifsfpg-!41!ebzt(!xsjuufo opujdf!)fydfqu!21!ebzt!gps!opoqbznfou!pg!qsfnjvn*!xjmm!cf!qspwjefe!up!uif!Dfsujgjdbuf!Ipmefs/ DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Djuz!pg!Tqplbof!Wbmmfz UIF!!!!FYQJSBUJPO!!!EBUF!!!!UIFSFPG-!!!!OPUJDF!!!XJMM!!!CF!!!EFMJWFSFE!!!JO BDDPSEBODF!!!XJUI!!!UIF!!!QPMJDZ!!!QSPWJTJPOT/ 21321!F/!Tqsbhvf!Bwfovf Tqplbof-!XB!!::317.1111 BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE 2pg!2 $T33436510N3331955UIFO3 WELCCOM-01NWEISER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/23/2021 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). CONTACT Nancy Hughes-Weiser PRODUCER NAME: PHONEFAX The Hartwell Corporation (208) 459-1678(208) 454-1114 (A/C, No, Ext):(A/C, No): PO Box 400 E-MAIL nancy@thehartwellcorp.com Caldwell, ID 83606 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Idaho State Insurance Fund36129 INSURER A : INSURED Berkley Insurance Company32603 INSURER B : INSURER C : Welch Comer & Associates Inc 330 E Lakeside Ave, Suite 101 INSURER D : Coeur D' Alene, ID 83814 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIABOCCUR EACH OCCURRENCE$ EXCESS LIABCLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION A X STATUTEER AND EMPLOYERS' LIABILITY Y / N 65165911/1/202011/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A N OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Professional LiabiliAEC-9042787-033/1/20213/1/2022 Each Claim Limit1,000,000 B Retro Date 1/1/1977AEC-9042787-033/1/20213/1/2022 Aggregate Limit1,000,000 B DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Sullivan & Wellesley Improvement Proj-Phase 1 Design CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E. Sprague Ave. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD