18-210.00 Widener & Associates: Pines/BNSF Grade Separation •
Contract No. 18-210
AGREEMENT FOR PROFESSIONAL SERVICES
Widener& Associates
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Widener & Associates, hereinafter "Consultant," jointly referred to as
"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
I.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the
Scope of Services,attached as Exhibit A.
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
timely provision of all professional services required to complete the Scope of Services under this
Agreement.
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. Consultant shall complete
its work by December 31,2024 unless the time for performance is extended in writing by the Parties.Either Party
may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice
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Contract No. 18-210
and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'
written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work
previously authorized and satisfactorily performed prior to the termination date.
3. Compensatiog.
City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of$86,676.40 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.
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: Jeanette Cowling Widener
Phone: (509) 720-5000 Phone: 425-418-7162
Address: 10210 East Sprague Avenue Address: 1902 120th Pl. SE STE 202
Spokane Valley,WA 99206 Everett,WA 98208
6.Applicable Laws and Standard. 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 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
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.
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Contract No. 18-210
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. All drawings, plans, specifications, and other related documents 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. 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, payrolls, and record of matters covered by this
Agreement for a period of three years from the date final payment is made hereunder.
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:
I. 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.
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:
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Contract No. 18-210
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:
I. 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,or at the sole discretion of
the City,offset against funds due Consultant from the City.
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. If requested,complete copies of insurance policies
shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-
insured retentions, and/or self-insurance.
12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold
hamrless City and its officers,agents,and employees,from any and all claims,actions,suits,liability,loss,costs,
attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising
out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's
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Contract No. 18-210
agents, subcontractors,subconsultants,and employees to the fullest extent permitted by law,subject only to the
limitations provided below.
Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out
of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to
RCW 4.24.115.
Consultant's duty to defend, 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, Consultants agents, subcontractors, subconsultants,and employees.
Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,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,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 Consultants employees directly against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13.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
perfonnance 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.
14.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.
15.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.
16. 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.
17.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes between
City and Consultant 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
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Contract No. 18-210
therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having
jurisdiction thereof.
18.Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement
shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees).
19. 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.
20.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.
21.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.
22.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.
23. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B. Fee proposal
C. Insurance Certificates /
The Parties have executed this Agreement this L day ofJ2C.QNnl3Yr ,201
CITY OF SPOKANE VALLEY Consultant: •
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M .rk a houn, City Manager By: r
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Christine Bainbridge,City Clerk:
APPROVED AS TO FORM:
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Agreement for Professional Services(with professional liability coverage) Page 6 of6
Exhibit A
Spokane
Valley
City of Spokane Valley, WA
Pine Road/BNSF Grade Separation
Project No.
Environmental and Permitting
Scope of Services
Prepared by:
Widener and Associates
November 25, 2018
PROJECT DESCRIPTION
A. Project Description
The objective of this project is to improve safety by developing a grade-separated facility at the
intersection of Pines Road and the BNSF Railway railroad tracks. The supporting environmental
document will be developed using relevant portions of the FHWA and WSDOT NEPA
Categorical Exclusion (CE) prepared for the entire suite of Bridging the Valley(BTV)projects
and approved in 2006.
Task 1.0 ENVIRONMENTAL DOCUMENTATION
1.1 Design Assistance and Early Agency Coordination
Early input into the formation of project alternatives will be provided to ensure each alternative
includes provisions to minimize impacts to the surrounding environment. This coordination
within the various design elements of the project will identify and incorporate minimization
measures early in the alternative development phase of the project and will ensure that an
appropriate range of alternatives are developed prior to the agency coordination.
The Consultant will assist the City in presenting the alternatives to both the state and federal
permitting agencies to identify the regulatory issues associated with each alternative. Potential
minimization measures for each alternative will also be identified during the coordination with
agency representatives. All permitting issues and the recommended permitting process for the
preferred alternative will be documented in the project TS&L report.
It is assumed that this effort will be accomplished with the graphics and design drawings
required to complete the TS&L and to conduct the open houses and that no other special
presentation materials are required.
DELIVERABLES
• The Consultant's permitting specialist will prepare meeting minutes and memoranda
documenting the coordination activities with state and federal agencies, as required.
1.2 Section 106 Report(Cultural and Historic Resources)
This work would include the preparation of the Section 106 report in accordance with the State
Historic Preservation Office standards and guidelines. The work will include the following
subtasks.
Pertinent literature on the archaeology, ethnography, and history of the project area will be
reviewed to determine the existence of archaeological sites and to refine the probability of
archaeological resources and traditional cultural places in the project areas.
The Consultant will maintain contact with the local tribes for any information on historic Indian
use of the project area.
A systematic field reconnaissance will be conducted to identify previously recorded and/or
unrecorded archaeological sites for the proposed project where ground-disturbing activities are
• City of Spokane Valley Page 2 Environmental
Pine Road/BNSF Grade Separation—Phase II Scope of Services November 25,2018
expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at
varying intervals, depending on terrain throughout the proposed project area. Shovel probes
(digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to
have a high probability for cultural resources. Shovel probes will be augmented through auger
probes to explore the deepest possible deposits. Shovel probes will be screened in highly
probable areas and in soil matrixes too dense to identify small chipping debris.
All new sites will be mapped, photographed,and recorded on Washington State Archeological
Inventory forms and submitted to the state Office of Archeological and Historic Preservation
(OAHP)for Smithsonian numbers. Every effort will be made to include Tribal cultural
resources personnel in assisting the field effort. Rights-of-entry will be provided by the City.
DELIVERABLES
• One(I) electronic PDF of a draft Section 106 Report will be prepared to describe
cultural resources identified in the project area to meet state and federal standards for
reporting as outlined in the guidelines provided by the OAHP. The report will
include summary background information appropriate to a cultural resources
assessment of the project area, including environment, previous cultural resources
studies, ethnography/ethno history, and history. A discussion of agency and Tribal
consultation, methodology,the results of the investigation, and a map of located
archaeological sites will be provided. Recommendations will also be extended to any
cultural resources that may be significant. Monitoring of construction excavation
recommendations may also be included. The historic structures inventory form
and/or archaeological site inventory form will be attached to the report as an
appendix.
• One (I)electronic PDF of a revised draft Section 106 report incorporating City
comments.
• Three copies of a final Section 106 report incorporating WSDOT comments.
1.3 Noise Study
The purpose of the Traffic Noise Report is to evaluate traffic noise levels at sensitive receptors
near the project that would be potentially affected by traffic noise and to identify potential
mitigation measures. The Traffic Noise Report will be developed in accordance with the
Washington State Department of Transportation's Environmental Procedures Manual.
1. Sound Level Measurements:
After review of the proposed project alternatives the Consultant shall visit the project
area to identify potentially sensitive noise receivers and to take measurements of existing
sound levels. The Consultant will measure existing noise levels during the peak hours to
be used in calibrating the noise model. Measurements will be undertaken in accordance
with WSDOT and FH WA guidelines and will be made with a Type 1 sound level meter.
During these measurements, sources of existing noise and topographical features will be
noted, and traffic speeds and vehicle numbers and mix will be noted.
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Pine Road/BNSF Grade Separation—Phase II Scope of Services November 25,2018
2. Construction Noise Impact Evaluation:
The noise analysis will evaluate potential short-term impacts of noise from construction
activities. Construction noise on nearby sensitive receptors will be evaluated based on
estimates published by the U.S. Environmental Protection Agency(EPA)of maximum
noise levels of typical construction equipment in conjunction with simple distance
attenuation. Computer modeling of construction noise levels will not be performed.
3. Traffic Noise Impact Evaluation:
The Consultant will evaluate traffic noise impacts using the FHWA Traffic Noise Model
(TNM)to estimate future traffic noise levels for the worst-case build alternative.The
worst-case scenario will be selected from among the build alternatives, and will be
chosen based on expected future traffic volumes and the location of the alignment
relative to sensitive receivers. The noise modeling will predict PM peak-hour Leq noise
levels from traffic at a maximum of fifteen (15)receptor locations that could be affected
by the proposed project and will consider existing conditions and design year conditions.
Modeling to calculate noise contour lines is not included.
4. Mitigation Analysis:
The Consultant will identify mitigation measures to reduce noise levels during
construction. If predicted long-term traffic noise levels from operation of the project
would cause noise impacts,mitigation measures will be developed in cooperation with
the lead agency and design engineers. Mitigation analysis, if required, will include
evaluation of the effectiveness and general size and location of natural and man-made
noise bathers using the TNM model.
DELIVERABLES
• One (I) electronic PDF of a draft Traffic Noise Analysis Report for review by City with
accompanying draft special provisions if required.
• One(1) electronic PDF draft Traffic Noise Analysis Report, incorporating the City's
comments, for submittal to FHWA/WSDOT.
• Three copies of a revised draft Traffic Noise Analysis Report, incorporating comments
by Fl-IWA/WSDOT, for submittal for approval.
1.4 Land Use Assessment
The Consultant will perform the following services to complete the land use evaluation:
I. Evaluate existing land uses along both sides of the project corridor. Direct and
indirect impacts resulting from road improvements under the proposed widening
will be evaluated. Existing and proposed land uses and current zoning in the
project area will be identified. Generally, this includes a site visit to the project
area to verify existing land uses, and written analysis of potential project impacts
and mitigation measures. This includes impacts related to residential or business
displacements or relocations, access disruptions, and right-of way needs.
Coordination with the CITY and adjacent jurisdictions in identifying future
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Pine Road/BNSF Grade Separation—Phase II Scope of Services November 25,2018
(proposed) land uses in or near the project area will be needed. A zoning map
and/or existing land use map shall be prepared.
2. Review local plans and policies to determine the proposed project's consistency
with comprehensive plan, zoning ordinance, sensitive areas ordinance, and other
relevant regulations. This requires coordination with the City of Spokane Valley
and Spokane County to identify appropriate plans and policies to be analyzed.
This analysis may be summarized within the Land Use discussion under separate
heading of "Relationship to Plans and Policies."
DELIVERABLES
• One(I)electronic PDF of the draft Land Use documentation
• One(1)electronic PDF of the final Land Use documentation will be provided
incorporating City comments
• One(I)electronic PDF of the final Land Use documentation will be provided
incorporating WSDOT/FHWA comments if required. It is assumed that
WSDOT/FHWA comments will not alter the basic conclusion of the
documentation or require further alternative studies.
1.5 Environmental Justice Survey
Services required to complete an environmental justice(EJ)analysis includes the following main
components:
1. Collecting demographic data for the project area using local data sources and the US
Census Data.
2. Identifying any environmental justice populations in the area(minority or low-income
populations).
3. Review public outreach activities to ensure potential EJ populations are offered an
opportunity to participate in project planning and decision-making.
4. Identifying any potential disproportionate effects to EJ populations from project activities
and identifying how impacts could not be avoided or minimized and what mitigation
measures could be implemented.
DELIVERABLES
• One(1) electronic PDF of the draft EJ documentation will be provided.
• One (1)electronic PDF of the final EJ documentation will be provided incorporating City
comments.
• One (1) electronic PDF of the final EJ documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments
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Pine RoadIBNSF Grade Separation-Phase 11 Scope of Services November 25,2018
will not alter the basic conclusion of the documentation or require further alternative
studies.
1.6 Hazardous Materials Memo
A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of
potential hazardous substances within the physical limits of the project that would have an effect
on the overcrossing project. Sites with potential for environmental issues/impacts include those
that indicate current or past uses as service stations,battery shops, dry cleaners, chemical
storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or
those with strong pungent or noxious odors. The scope of services for this study will include
1. A review of the results of a federal, state, and local environmental database search
provided by an outside environmental data service for listings of known or suspected
environmental problems at the sites or nearby properties within the search distances
specified by WSDOT.
2. A review of historical aerial photographs, fire insurance maps, city directories, chain-of-
title reports, and tax assessor records, as available and appropriate,to identify past
development history on the parcels relative to the possible use, generation, storage,
release,or disposal of hazardous substances. An attempt to identify uses of the sites from
the present to the time that records show no apparent development of the site,or to 1940,
whichever is earlier.
3. Conduct a visual reconnaissance of the parcels and adjacent properties to identify,visible
evidence of potential sources of contamination.
4. A letter report that will summarize the results of this study. The letter report will briefly
discuss the project activities and include a table ranking the parcels (low,moderate, high)
by their potential for contamination from either on-site or off-site sources. A draft letter
report will be provided for review and comment. Upon receiving comments,the letter
will be modified as appropriate and made final.
DELIVERABLES
• Electronic copy of the draft Hazmat Memo will be provided.
• Electronic copy of the Hazmat Memo will be provided incorporating City comments.
• Electronic copy of the final Hazmat Memo will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments
will not alter the basic conclusion of the documentation or require further alternative
studies.
1.7 NEPA CE
Services will be provided to prepare a NEPA Categorical Exclusion Documentation Form (CE)
with supporting documentation as required by WSDOT for projects that receive federal funding
through WSDOT (Environmental Procedures Manual, Section 300.04). The CE will include the
recommended NEPA determination (assumed to be a Class II, Documented Categorical
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Pine Road/BNSF Grade Separation—Phase 11 Scope of Services November 25,2018
Exclusion). We will document this assumption following the WSDOT Local Agency Guidance
(LAG) manual.
The project will be determined to be a Class 11 Documented Categorical Conclusion and neither a
NEPA Environmental Impact Statement nor an Environmental Assessment will be required.
DELIVERABLES
• Electronic copy of the draft ECS will be provided.
• Electronic copy of the final ECS documentation will be provided incorporating City
comments.
• Electronic copy of the final ECS documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments
will not alter the basic conclusion of the documentation or require further alternative
studies.
1.8 SEPA
The Consultant shall complete appropriate SEPA documentation including all needed studies,
modeling, and analysis in accordance with State Environmental Policy Act(RCW 43.21C)and
SEPA Rules(WAC 197-11). The Consultant will coordinate with the City of Spokane Valley to
address comments on the SEPA Checklist and provide support for the SEPA process.
DELIVERABLES
• SEPA Checklist
City of Spokane Valley Page 7 Environmental
Pine Road/BNSF Grade Separation—Phase II Scope of Services November 25,2018
Eyn e>)1" B
Project Name Pines Rd.BNSF Railway Grade Separation
Client Erica Amsden Spokane Valley
Location Spokane Valley,WA Date 11/25/2018
Project
Project Manager Biologist
Hours Hours
1.1 Design Assistance and Early Agency Coordination/BNSF 100 10
1.2 Section 106 Report(Cultural and Historic Resources)
APE 4 6
Coordination and review 4 6
1.3 Noise Study
Draft 10 40
Final 6 20
1.4 Land Use Assessment Memo
Draft 10 40
Final 10 20
1.5 Environmental Justice Survey
Draft 20 40
Final 10 20
1.6 Hazardous Materials Memo
Draft 20 50
Final 10 25
1.7 NEPA CE
Draft 10 40
Final 10 10
1.8 SEPA MDNS
Draft 4 10
Final 4 10
Shorelines 40 60
Total hours 272 407
Summary Hours Rate Cost
Project Manager 272 $171!40 $46,348.80
Project Biologist 407 $86.80 $35,327.60
Total Labor $81,676.40
Expenses
Cultural Resources Field Work $5,000
TOTAL ESTIMATED COST $86,676.40
WIDENER ASSOCIATES
1902 120Th Place SE,Suite 202
Everett,WA 98208
Client#:324812 DGKINC
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE
D/
2YVYY)
12/19/2018
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 any rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CU" Ar'I
N ME:
USI Kibble&Prentice PR PHONE 206 441-6300 FAX
FAX 610-362-8530
Diet Em: wc,xN:
601 Union Street,Suite 1000 ADORES,. pl.certrequest@usi.ciom
Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE HNC It
INSURER A:Iemarc casualty Insinw comlann 29424
INSURED INSURER 8:Commensal Casually Dunwm 20443
DGK,Inc.DBA Widener&Associates
1902 120th PI.SE,Suite 202 INSURER C:
INSURER D:
Everett, WA 98208-1302
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLICY EXP
TYPE OF INSURANCE �ORl AND POLICY NUMBER JMR NNM/YYYY) IMFF M/DDIYVYY) UIMS
A �COMMERCIAL GENERAL LIABILITY 52SBWIL2310 03/13/201803/13/2019 EACH OCCURRENCE $2,000,000
I�I AMA ET REMED
IcLAIMS MADE 'OCCUfl � [.EI�,-� . .n.: $300000
MED EXP(Any one person) $10.000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES I PLIEPER. GENERAL AGGREGATE $4,000,000
IRPOLICY El.1238T.1238T ^ILOC PRODUCTS-COMP/OP AGG $4,OD0,000
OTHER $
A AUTOMOBILE LIABILITY 52SBWIL2310 03/13/201803/13/201 Gaacdd OSINGLE LIMIT
9,(Ee Henn $2,000,000
r ANY AUTO BODILY INJURY(Per person) $
— OWNED — SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
HIRED NONOWNED PROPERTY DAMAGE $
X AUTOS ONLY X AUTOS ONLY (Per accident
$
UMBRELLA WB _ OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS E
A WORKERS COMPENSATION 52SBWIL2310 03/13/2018 03/13/2019 I gTATI ITT I XIoo"-
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR'PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT $1.000.000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000
II yes,describe under
DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000
B Professional EEH288345982 03/13/2018 03/13/2019 $2,000,000 per claim
Liability $2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.AddRionel Remarks Schedule,may be attached d more space is required)
RE:Pine Rd/BNSF Grade Seperatlon.
The General Liability policy includes an automatic additional insured endorsement that provides
additional insured status to the Certificate Holder when required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10210 E Sprague Ave. ACCORDANCE WITH THE POLICY PROVISIONS.
Spokane Valley,WA 98206
AUTHORIZED REPRESENTATIVE
I SktH.L. 14IaYHto
01988-2015 ACORD CORPORATION.All rights reserved.
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