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2018, 10-31 Contract 18-169 with Stantec Consulting for Painted Hills Flood Study Review is-(0 , AGREEMENT FOR PROFESSIONAL SERVICES Stantec Consulting Services Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Stantec Consulting Services Inc.,hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to complete the Scope of Services,attached as Exhibit A in accordance with the terms of this Agreement. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the provision of all professional services required to complete the Scope of Services under this Agreement and in accordance with the mutually agreed upon schedule. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 Agreement for Professional Services(with professional liability coverage) Page I of 7 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 30 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and performed in accordance with the terms of this Agreement prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $56,500 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards until such time the work is corrected and payment is no longer in dispute. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name: Riley Witt Phone: (509)720-5000 Phone: (509)340-1743 Address: 10210 East Sprague Avenue Address: 621 West Mallon Avenue Suite 309 Spokane Valley,WA 99206 Spokane,WA 99201-2181 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall conform to all applicable federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-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 antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. 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(A)(2)of this certification; and Agreement for Professional Services(with professional liability coverage) Page 2 of 7 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. 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 Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. Upon full payment of all monies owed to Consultant, all drawings,plans, specifications,and other related documents("Work Product") prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. Upon full payment of all monies owed to Consultant, the written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,timesheets,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder.Notwithstanding the foregoing,City's right to inspect,copy and audit shall not extent to the composition of Consultant's rates and fees,percentage mark-ups or multipliers but shall apply only to their application to the applicable units. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Professional Services(with professional liability coverage) Page 3 of 7 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than$1,000,000 per claim and$1,000,000 policy aggregate limit. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability,and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days' notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. City may review complete copies of insurance policies upon request. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. Agreement for Professional Services(with professional liability coverage) Page 4 of 7 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,indemnify,and hold harmless (but not defend)City and its officers,and employees,from any and all actions,liability,loss,costs,reasonable attorney's fees,expenses,injuries,and damages to the extent caused by the negligent acts,errors,or omissions of the Consultant during their performance of the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to indemnify and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the negligence of City or City's agents or employees pursuant to RCW 4.24.115. • Consultant's duty to indemnify and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b)Consultant,Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents, subcontractors,subconsultants,and employees. Consultant's duty to indemnify and hold City harmless shall include,as to all losses,and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney,reasonable outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to,any claims by Consultant's employees directly against Consultant. Except for any actions,liabilities,losses,costs,reasonable attorney's fees,expenses,injuries,and damages for which the Consultant has agreed to indemnify City,City shall,at its sole expense,defend,indemnify,and hold harmless Consultant and its officers,agents,and employees,from any and all actions,liabilities,losses,costs, reasonable attorney's fees, expenses, injuries, and damages of any nature whatsoever ("losses") which Consultant may incur relating to or arising out of the granting,or refusal to grant the SUB-2015-0001/PRD- 2015-0001 for the Painted Hills Planned Residential Development proposed by Black Realty,Inc.,except to the extent that any such losses result from, in whole or in part, the negligence, errors, or omissions of the Consultant or any other person for whom the Consultant is legally liable. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Limit of Liability. The total amount of all claims City may have against Consultant under this Agreement or arising from the performance or non-performance of the Services under any theory of law,including but not limited to claims for negligence,negligent misrepresentation and breach of contract,shall be strictly limited to $1,000,000. As City's sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against Consultant and not against any of Consultant's employees, officers or directors,except in the event of intentional wrongdoing by any employee,officer,or director. Neither City nor Consultant shall be liable to the other or shall make any claim for any incidental,indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Agreement for Professional Services(with professional liability coverage) Page 5 of 7 project.This mutual waiver includes,but is not limited to,damages related to loss of use,loss of profits,loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 14.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 15. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 16.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 17.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction.The restrictions on the use and disclosure of the confidential information shall not apply to information which(a)was known to Consultant before receipt of same from City;or(b)becomes publicly known other than through Consultant. 18. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be first entered into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis.The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of thirty(30)calendar days with the mediator,if mutually agreed,the dispute shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 19. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its reasonable attorney's fees and costs of such litigation (including expert witness fees). 20. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 21. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift, favor,service,or other thing of value from any person with an interest in this Agreement. Agreement for Professional Services(with professional liability coverage) Page 6 of 7 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates 2 --��,� 7 51 The Parties have executed this Agreement this 31 day of OCl ,20 CITY OF SPOKANE VALLEY Consultant: NAL Calit),,,_ . ....... p,1611-- Mark Calhoun,City Manager By: Riley itt Its: Aut rized Representative ATTE/ istine Bainbridge,City Clerk: APPR• r D AS TO FORM: /L. Office the City Attorney Agreement for Professional Services(with professional liability coverage) Page 7 of 7 Exhibit A Stantec Consulting Services Inc. Stantec 621 West Mallon Avenue Suite 309,Spokane WA 99201-2181 October 22,2018 File: TBD Attention: Henry Allen,P.E. Community&Public Works-Engineering City of Spokane Valley 10210 E.Sprague Ave. Spokane Valley,WA 99206 Dear Mr.Allen, Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal We are pleased to be working with the City of Spokane Valley. Our scope and fee proposal outlines our understanding of the scope as we've discussed it, our estimate of the level of effort it will take to fulfill the scope through initial completeness review and two detailed reviews,and the parameters for our scope of services. We've also identified the personnel that will be working on the reviews and providing guidance and management of the review process. If you accept our scope and fee,the terms and conditions for the work will be those included in the City of Spokane Valley's Agreement for Professional Services(Agreement)as amended, attached to this letter. By signing where indicated on the Agreement,the City of Spokane Valley(Client)will enter into a contract with Stantec Consulting Services Inc. (Stantec). Receipt of our copy of the signed Agreement will be our notice to proceed. Stantec will perform the services described herein. This letter and the attached Agreement together will constitute the contract documents. This letter includes an introduction to our team, and the scope, schedule,deliverables, and fee. Team Your Stantec project team will be led by Russ Connole, project manager, and Alan Gay, P.E., project technical lead. Ray Plummer, P.E.,will direct quality assurance for the project. The project leadership works out of the Spokane office of Stantec,just a few miles from your office. Russ,Alan, and Ray will be assisted by Dr.Akitsu Kimoto, Senior Hydrologist,with Stantec Federal Emergency Management Agency (FEMA)STARR team reviews using HEC-RAS, HEC-HMS, HEC-GeoRAS, and analyzing and developing DFIRMs, FIS,and related flood hazard products. Zach Whitten, P.E., another STARR team has a similar depth of experience. Akitsu and Zach will be assisted by Owen Haskell,an EIT working in our business center. Erman Caudill, P.E., a senior member of the Stantec flood plain practice,will provide HSPF model review. Resumes for our team members are available upon request. Scope and Deliverables Task 1, Initial Completeness Review. For this task, Stantec's project team will screen these seven flood plain files received via ftp site: 2018-08-20 Painted Hills—Flood Control Plans 8-16-2018.pdf October 22,2018 Henry Allen,P.E. Page 2 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal 2018-08-20 Painted Hills—CLOMR DRAFT&Appendix.pdf 2018-08-20 Painted Hills—Flood Control Development Narrative—Pages 1-9.pdf 2018-08-20 Painted Hills—Flood Control Development Narrative.pdf 2018-08-20 Painted Hills Review Comment Responses for Submittal#2.pdf 2018-08-20 Painted Hills Storm Drainage Report for Frontage Improvements.pdf Painted Hills SEPA—Revised.pdf The screening criteria will follow the City of Spokane Valley's Municipal Code, specifically the Floodplain Regulations in SVMC 21.30, Critical Areas in SVMC 21.40 and Land Disturbing Activities SVMC 24.50. Also,the Spokane Regional Stormwater Manual(SRSM)will be used to screen the hydrologic analysis employed with the HSPF model. In addition,we'll follow the program checklist for CLOMR submittals. We will note where we see deficiencies and provide specific comments in a formal comment letter regarding the missing materials. All documents and communications will include reference to the project name,"Painted Hills". At the screening level, Stantec will examine survey data and whether it appears sufficiently complete to provide a thorough review necessary to verify the accuracy of the submitted hydrologic and hydraulic models. Stantec will be looking for all components necessary for a CLOMR package submittal to FEMA. In particular, Stantec will check the submitted HSPF model copies for both the 2005 and current versions, and the HEC-RAS model copies for those necessary to establish use of a Duplicate Effective Model as well as corrected models for the currently proposed modifications to the flood plain. As part of this task,we anticipate preparing for and attending two one-hour meetings between the Client's staff and Stantec project team staff. We'll prepare and provide agendas and meeting minutes as part of each meeting. Our preference is to not attend meetings with the project proponents. However, Stantec project team staff will be available for such meetings upon request. Stantec will only provide written responses to written questions or comments submitted by the project proponents through Client staff. Task 2, Detailed Reviews. For this task, Stantec's project team will conduct a thorough detail review of the flood plain files updated as necessary in response to the Task 1 Initial Completeness review, with the same file structure listed in Task 1,through two iterations of detailed review. The detailed review criteria will follow the City of Spokane Valley's Municipal Code, specifically the Floodplain Regulations in SVMC 21.30, Critical Areas in SVMC 21.40 and Land Disturbing Activities SVMC 24.50. Also, the SRSM will be used to evaluate the hydrologic analysis employed with the HSPF model. In October 22,2018 Henry Allen,P.E. Page 3 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal addition, we'll follow the program checklist for CLOMR submittals. We will prepare a detailed list of needed corrections,questions to be answered, omissions to be addressed. Specific comments regarding the deficient materials will be provided in up to two formal comment letters under the currently proposed scope and fee. Additional review iterations, if necessary,will be included in subsequent amendments to this contract. We understand that the applicant has documented Endangered Species Act(ESA)compliance to FEMA separately. Further, we understand compliance with Sections 9 and 10 of the ESA have been achieved independently of FEMA's process. ESA review will not be part of our scope of work. We'll review the applicant's package to determine if there is sufficient documentation to conclude that the land and any structures to be removed from the Special Flood Hazard Area (SFHA)are or will be reasonably safe from flooding as defined in 44 CFR 65.2(c). Review of the package will focus on these questions related to hydrology: 1. Are the hydrologic conditions associated with the proposed development adequately characterized and have they been accounted for by the data extracted from the HSPF model? 2. Does the HSPF model need to be updated to reflect the proposed development or to assess potential impacts downstream? 3. Does the data provided comply with the City's regulatory requirements(above)? 4. Does the data provided satisfy requirements of FEMA for floodplain development? The review will consist of comparing the existing and proposed drainage, storage, and infiltration schemes and the assumptions associated with designing each. The review will include, but not be limited to, topography(geometry), land-cover, assumed infiltration parameters, input storm loading, timing, and overall model and drainage network connectivity. The historic reports referenced and a digital copy of relevant data, including the HSPF model from 2005, will be readily available. If they are not, the cost and scope of the project must be amended. Stantec will review the hydraulic modeling submitted as part of the CLOMR submittal package. Stantec will verify that the most current and effective FEMA model was used as for Duplicate Effective Model. Once verified, Stantec will perform a comprehensive review of the changes that were made to the hydraulic model to verify that the changes meet FEMA standards. Stantec will review the changes made to the CLOMR package which includes the Corrected Effective, Existing(Pre-project)and Proposed(Post-project) model. The CLOMR submittal must contain a complete description of all changes that were made to all submitted models and therefore, Stantec will not review the portions of the hydraulic model that were unchanged from the approved,effective model provided by FEMA. The hydraulic review will include the bridge and culvert model parameters, geometries, and results, including inlet and outlet erosion. October 22,2018 Henry Allen,P.E. Page 4 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal The results of the hydraulic modeling will be checked with the resulting floodplain mapping and associated flooding data found within the Flood Insurance Study(FIS)Report. The project area is within a Zone AE and therefore a Profile and Floodway Data Table(FDT)may be associated with the flooding source within the FIS. If the profile and FDT are present, Stantec will review the new profile and FDT and confirm that the results in the hydraulic modeling match the changes. Review of the new floodplain will include verifying that the hydraulic model results were translated to the floodplain boundary/extents,that the upstream and downstream tie-ins are correct, and that the associated mapping information (BFE, cross-sectional information)was applied correctly. Stantec will use the provided and Stantec-reviewed topography to verify that the new floodplain extents are correct. CLOMR application form review will include investigating that the proper forms were completed and that the information provided in the forms is comprehensive,complete and accurate. This will include verifying that the most appropriate Letter of Map Revision(CLOMR, CLOMR-F,etc)was selected and that correct fees are associated with the submittal. A review to verify that all required additional information other than ESA compliance will be completed during the CLOMR application review. Stantec will also review the hydrologic and hydraulic reports provided in the CLOMR application to check that an adequate amount of information is provided that the data provided is accurate. Stantec will review the City's regulations and FEMA Floodplain/Floodway requirements, in relation to hydrologic discharges, and briefly summarize the submittal requirements with each. This will establish a basis of concurrence and/or further data to be requested of the applicant. Detailed review will cover each submittal for project components within the City of Spokane Valley and a cursory review of components outside the City of Spokane Valley, including Gustin Ditch/Unnamed tributary to Chester Creek west of Madison Road that FEMA indicates is tributary to Chester Creek. Our review at each submittal stage will be compiled and submitted in a WORD document in letter format. It will be organized by document, page, and paragraph. We will also attach pdf copies of the applicant's documents with red review markups that correspond to the WORD review document. If,during detailed review,we come across significant missing information or needed clarification,we will notify the City at that time.The City may then contact the project proponent to obtain the missing information. For resubmittals, we will determine if all previous comments have been adequately addressed. During the detailed review,we will conduct a site visit including Spokane members of the project team to evaluate the project area. This site visit will be followed by a memo summarizing observations,findings, and/or concerns related to the project package. As part of this task,we anticipate preparing for and attending four one-hour meetings between the Client's staff and Stantec project team staff. We'll prepare and provide agendas and meeting minutes as part of each meeting. As with Task 1, it is our preference to not attend meetings with project proponents, but we will attend such meetings upon request, again only providing written responses to written questions or October 22,2018 Henry Allen,P.E. Page 5 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal comments submitted by the project proponents through Client staff. All documents and communications will include reference to the project name, "Painted Hills". Deliverables will be in writing. Task 3, Project Management A very important component running a smooth project is good project management with good communications, accounting, and accountability. Stantec uses a 10-point project management framework to help projects meet client expectations. Our project management framework emphasizes documentation and communication with our clients. The ten points include: 0—Prepare a proposal that includes a project plan with scope, budget, resources, deliverables, and schedule. Conduct and document independent review(independent review is common at all points) 1 —Obtain written instructions to proceed. 2—Maintain project plan at an appropriate level of detail. 3—Establish project record directories and file the project records accordingly. 4—Complete a health, safety, and environmental risk management assessment for field work. 5—Monitor the project financials and team effort on a regular basis. • 6—Obtain the Client's written approval of and change to our scope of services in a timely manner. 7—Conduct and document a quality review of all final deliverables prior to issue. 8—Conduct and document an independent review of all final deliverables prior to issue. 9—Close out the project financials and files assuring accurate documentation. Russ Connole and Alan Gay will be responsible for following the project management framework,and regularly communicating with Client's staff and other interested agencies, namely Spokane County's flood plain management group,the Washington Department of Ecology, and FEMA. Monthly invoices will be submitted to the City of Spokane Valley per the terms of the contract. Schedule Our schedule will be contingent on receipt of a notice to proceed and when we receive updated documents. Anticipating that notice to be on October 19,2018,the following is our proposed schedule. October 22,2018 Henry Allen,P.E. Page 6 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal Task 1, Initial Completeness Review. October 31, 2018—Project Kick-off meeting—via Skype November 5,2018—Project update meeting November 12,2018-Initial Completeness Review Comment Letter delivered to Client Task 2, Detailed Reviews. (dates contingent on results of the Completeness Review and may vary depending on whether or not resubmittal is required) November 19,2018—Project update meeting December 3,2018—Anticipated Client will forward the response to Stantec's Initial Completeness Review Comment Letter anticipated from project proponents along with updated documents. December 12,2018 Project update meeting January 11, 2019—Detailed Review Comment Letter No. 1 delivered to Client January 17,2019 Project update meeting February 4,2019—Anticipated Client will forward the response to Detailed Review Comment Letter No. 1 anticipated from project proponents along with updated documents. February 11, 2019—Project update meeting March 4,2019—Detailed Review Comment Letter No.2 delivered to Client Task 3, Project Management November 29, 2018—Invoice and Status Update letter December 20, 2018—Invoice and Status Update letter January 30,2019—Invoice and Status Update letter February 27,2019—Invoice and Status Update letter March 28,2019—Invoice and Status Update letter April 29,2019—Invoice and Status Update letter Our estimated fee for the scope of services described above is not to exceed$54,096,without prior written authorization from client, including: _ October 22,2018 Henry Allen,P.E. Page 7 of 7 Reference: Painted Hills Flood Plain Study Document Review Scope and Fee Proposal Task 1 -$10,696 Task 2-$33,020 Task 3-$10,380 We look forward to your notice to proceed, so we can provide you a timely initial completeness review as outlined above. Regards, Stantec Consulting Services Inc. tea , C, & Alan Gay P.E. Russ Connole Senior Engineer,Associate Project Manager Phone:(509)340-1705 Phone:(509)340 1718 Fax:(509)328-0423 Fax:(509)328-0423 alan.gay@stantec.com russ.connole@stantec.com Attachment City of Spokane Valley Agreement for Professional Services(Stantec-signed) c. C.C. ga c:luserslagayldocumentslcosv_feeproposallet_draft20180912.docx Exhibit B Stantec Stantec Standard Rates & Assigned Personnel Employee Billing Level Rate/Hour Project Role Akitsu Kimoto Level 11 $ 148:00 .CLOMR Package Review Alan Gay Level 14 $ 179.00 Project Technical Lead Elaine Fox Level 8 $ 125.00 Administrative Erman Caudill , Level 13 $ 169.0G q-ISPF Review Jon Keeling Level 15 $ 188.00 Senior Review Matt Armstrong Level 9 $ 129.00 HSPF Review Owen Haskell Level 9 $ 129.00 CLOMR Package Review Ray Plummer Level 14 $ 179.00 Project Hydrology Lead Riley Witt Level 15 $ 188.00 Spokane Office Lead Russ Connote Level 13 $ 169.00 ,Projct Manager Zach Whitten Level 11 $ 148.00 CLOMR Package Review / ® DATE(MM/DD/YYYY) ACc o CERTIFICATE OF LIABILITY INSURANCE 5/1/2019 10/22/2018 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). CACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 PHONE FAX (A/C.No,Extl: (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:Zurich American Insurance Company 16535 INSURED STANTEC CONSULTING SERVICES INC. INSURER B:Travelers Property Casualty Co of America 25674 _ 1415077 8211 SOUTH 48TH STREET INSURER C:American Guarantee and Liab. Ins.Co. 26247 PHOENIX AZ 85044 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15683061 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXPINS() WLIMITS LTR INS() POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY y N GL00246172 5/1/2018 5/1/2019 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PREM SESO(Ea occur encs) $ 300,000 X CONTRACTUAL/CROSS _ MED EXP(Any one person) $ 25,000 _ X XCU COVERED PERSONAL&ADV INJURY $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JEC X LOC -PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: 5 B AUTOMOBILE LIABILITY Y N TC2J-CAP-8E086819 5/1/2018 5/1/2019 (Ea accidentSINGLE LIMIT $ 1,000,000 B TJ-BAP-8E086820 5/1/2018 5/1/2019 BODILY INJURY(Per person) $ B X ANY _ TC2J-CAP-8E087017 5/1/2018 5/1/2019XXXXXXX OWNED AUTOS ONLY _ AUTOS SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX C X UMBRELLA LIAB X OCCUR N N AUC9184637 5/1/2018 5/1/2019 EACH OCCURRENCE $ 5,000,000 , X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 • $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY N TC2J-UB-8E08592(AOS) 5/1/2018 5/1/2019 X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TRJ-UB-8E08593(MAWI) 5/1/2018 5/)/20)9 E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? n N/A EXCEPT FOR OH ND SVA WY (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) RE:SPOKANE,WA/PAINTED HILLS FLOOD PLANE STUDY DOCUMENT REVIEW AND FEE PROPOSAL.CITY OF SPOKANE VALLEY ARE . ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND THESE COVERAGES ARE PRIMARY,IF REQUIRED BY WRITTEN CONTRACT.THE ADDITIONAL INSUREDS'OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING SERVICES INC.IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 15683061 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 EAST SPRAGUE AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SPOKANE VALLEY WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV I Ate' ili 41v-a ©1988x015 ACORD CORPORATION. AU rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Ac E ?f CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) 10/1/2019 10/22/2018 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). PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX (A/C.No.Extl: (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC M _ INSURER A:Lloyds of London INSURED STANTEC CONSULTING SERVICES INC. INSURER B:AIG Specialty Insurance Company 26883 1414100 8211 SOUTH 48TH STREET INSURER C: PHOENIX AZ 85044 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15683063 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM SUBR POLICY EFF POLICY EXP LIMITS _ LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX _ DAMAGE TO RENED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX _ PERSONAL 8 ADV INJURY $ XXXXXXX GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX _ POLICY X JEC X LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED ATOS ONLY _ AUTOS SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB — OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER ERH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A Professional Liab N N GLOPRI801673 10/1/2018 10/1/2019 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CPO8085428 10/1/2017 10/1/2019 $3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:SPOKANE,WA/PAINTED HILLS FLOOD PLANE STUDY DOCUMENT REVIEW AND FEE PROPOSAL. • CERTIFICATE HOLDER CANCELLATION 15683063 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 EAST SPRAGUE AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SPOKANE VALLEY WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. • AUTHORIZED REPRESENTATIV- 4#1,1,4 ©1988'015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD