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19-198.00 David Evans & Assoc: Pines & Mission Intersection Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 19-198 Firm/Organization Legal Name (do not use dba's): David Evans and Associates, Inc. Address Federal Aid Number 908 N Howard Street Spokane, WA 99201 CM-4060(001) UBI Number Federal TIN or SSN Number 600 227 609 REDACTED Execution Date Completion Date 12/31/2020 1099 Form Required Federal Participation ❑ Yes 0 No 0 Yes ❑ No Project Title Pines/Mission Intersection Improvements (CIP#0300) Description of Work Traffic Engineering Design and PS&E per proposal dated 12/5/2019. 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 ■0 No DBE Participation Maximum Amount Payable: $62,893.07 ❑ Yes ■❑ No MBE Participation ❑ Yes ■❑ No WBE Participation ■❑ Yes Voluntary 10% ❑ 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 Certification Documents Exhibit II Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 1 of 34 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 2 of 34 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 absence 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 (including Prime) 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: Christine Bainbridge, City Clerk Name: Jerremy Clark Agency: City of Spokane Valley Agency: David Evans and Associates, Inc Address: 10210 E Sprague Avenue Address: 908 N Howard Street, Suite 300 City: Spokane Valley City: Spokane State: WA Zip: 99206 State: WA Zip: 99201 Email: cbainbridge@spokanevalley.org Email: jecl@deainc.com Phone: (509)720-5102 Phone: (2981-835-7099 9ft 2.5 L g4 R 1 Facsimile: (509) 720-5075 Facsimile: (208)635-7094 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 3 of 34 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 to 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) month 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 4 of 34 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 car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with 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. Detailed statements shall support the monthly billings 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 the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. 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 final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 5 of 34 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 6 of 34 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 (Public Law (42 U.S.C. Chapter 21 Subchapter V § 100-259) 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) 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 § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 7 of 34 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." Xl. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. 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 Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 8 of 34 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 law, Title 51 RCW. The Parties have mutually negotiated this waiver. 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 9 of 34 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: Christine Bainbridge, City Clerk Agency: City of Spokane Valley Address: 10210 E Sprague Avenue City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org Phone: 509 720-5102 Facsimile: 509 720-5075 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 10 of 34 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 11 of 34 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE 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 shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 12 of 34 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub- consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ES I"), 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 13 of 34 For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. /2/ta Signa a Date c C4 Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 14 of 34 Exhibit A Scope of Work Project No. CM-4060(001) CIP#0300 See attached Exhibit A Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 15 of 34 Exhibit A City of Spokane Valley, WA Pines and Mission Intersection Improvement Project No. 0300 Phase I - Design and PS&E Scope of Services Prepared by: David Evans and Associates, Inc. 908 North Howard Street, Suite 300 Spokane, WA 99201 U December 5, 2019 TABLE OF CONTENTS I. INTRODUCTION 1 II. DESIGN CRITERIA 1 III. DESIGN SOFTWARE 2 IV. DETAILED TASK DESCRIPTION 2 TASK 1 PROJECT ADMINISTRATION 2 1.1 Project Management 2 1.2 Project Setup 3 1.3 Quality Management Plan 3 1.4 Project Schedule 3 1.5 Monthly Progress Reports and Invoices 3 TASK 2 COORDINATION AND MEETINGS 4 2.1 Kickoff Meeting 4 2.2 CITY Coordination 4 2.3 Consultant Team Coordination and Meetings 4 2.4 City Council Meetings 4 2.5 Project Design Team Meetings 5 TASK 3 UTILITIES COORDINATION 5 3.1 Utility Notification 5 3.2 On-Site Utility Meeting 6 3.3 Utility Coordination 6 3.4 Utility Agreements 6 TASK 4 SURVEYING 6 TASK 5 60% DESIGN 7 5.1 Title and IndexNicinity Map 7 5.2 Roadway Typical Sections 7 5.3 Signing and Pavement Marking Plans 8 5.4 Signal Modification Plans 8 5.5 Traffic Control Plans 9 5.6 Utility Plans 9 5.7 Preliminary Special Provisions 9 5.8 Preliminary Opinion of Probable Cost 9 5.9 Preliminary Design Submittal QC 10 5.10 Submit 60% Design Package 10 5.11 60% Design Review and Comment/Resolution Meeting 10 TASK 6 90% DESIGN 11 6.1 Title, Index and Vicinity Map Sheet 11 6.2 Survey Control and Found Monuments 11 6.3 Roadway Typical Sections 11 6.4 Intersection Plans and Details 11 6.5 Signing and Pavement Marking Plans 11 6.6 Signal Modification Plans and Details 12 City of Spokane Valley Page i Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 6.7 Traffic Control Plans 12 6.8 Utility Plans 12 6.9 Utility Hearing Waivers 12 6.10 Specifications and Proposal 12 6.11 Contract Time Determination 12 6.12 Opinion of Probable Cost 12 6.13 QC Review of 90% Design Submittal 13 6.14 Submit 90% PS&E 13 6.15 90% Design Review Meeting 13 TASK 7 100% (AD-READY) DESIGN 14 7.1 Prepare PS&E Package 14 7.1.1. Plans 14 7.1.2. Specifications and Proposal 14 7.1.3. Construction Time Determination CPD 14 7.1.4. QC of PS&E 14 7.1.5. Submit Ad-ready PS&E Package 15 7.1.6. Compiled Project Information 15 7.2 Bid Assistance 15 V. GENERAL ASSUMPTIONS 15 VI. DOCUMENTS TO BE FURNISHED BY CONSULTANT 16 VII. ITEMS AND SERVICES TO BE FURNISHED BY CITY 16 VIII. EXTRA WORK 17 IX. TIME FOR COMPLETION 17 X. MANAGEMENT RESERVE FUND 17 City of Spokane Valley Page ii Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 I. INTRODUCTION David Evans and Associates, Inc. (DEA) and associated subconsultants will provide Final Plans, Specifications and Estimate (PS&E), for the Pines and Mission Intersection Improvement (PROJECT) under the direction of the City of Spokane Valley (CITY). The primary project objective is to relieve congestion, reduce delays, and improve operability of the intersection by reconfiguring the travel lanes and signal operations. The scope of services under this agreement will develop design plans ultimately into a PS&E Package ready for bid advertisement in March, 2020 and provide support during bidding and construction. The project goals include: • Reconfigure the Mission Ave approaches for revised lane configuration including dedicated left turn lanes, and remove existing split-phase traffic signal operations; • Provide improved operations at the Pines and Mission intersection through the design year; • Improve safety and intersection level of service (LOS); • Minimize right-of-way impacts; • Identify and implement strategies that conform to WSDOT Practical Design Solutions, achieving economical and cost effective solutions; This scope of services uses the following references for project team members: • CITY = City of Spokane Valley - Project Sponsor and owner of facilities within the City of Spokane Valley rights-of-way. • WSDOT = Washington State Department of Transportation - Project coordination with review authority, and owner of facilities within State rights-of-way (Major Project Stakeholder). • CONSULTANT or DEA = David Evans and Associates, Inc. (Consultant on the project) II. DESIGN CRITERIA As part of the design effort on this project, design criteria will be developed and approved by the CITY and WSDOT. When developing design criteria, the CITY's standards will govern within CITY's rights-of-way and WSDOT standards will govern within State rights-of-way. The CITY will designate the basic premises and criteria for the design. Reports and plans will be developed in accordance with the latest edition and amendments (as of the date of signing of this Agreement) of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. WSDOT PUBLICATIONS: • Standard Specifications for Road, Bridge, and Municipal Construction • Standard Plans for Road, Bridge, and Municipal Construction • Local Agency Guidelines (LAG) Manual City of Spokane Valley Page 1 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 • Design Manual • Right of Way Manual • Traffic Manual • Temporary Erosion and Sediment Control Manual • Sign Fabrication Manual AMERICAN ASSOCIATION OF STATE AND HIGHWAY TRANSPORTATION OFFICIALS (AASHTO) PUBLICATIONS: • AASHTO's "A Policy on Geometric Design of Highways and Streets" 2011 • AASHTO Roadside Design Guide 2011 U.S. DEPARTMENT OF TRANSPORTATION PUBLICATIONS: • Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) OTHER: • Washington State Regulations, Accessibility Design for All (ADA) • Standard drawings prepared by the CITY and furnished to the CONSULTANT will be used as a guide in all cases where they fit design conditions. • APWA General Special Provisions III. DESIGN SOFTWARE Project deliverables will be developed utilizing the following software packages and associated versions: • Autodesk Civil3D 2019 with the CITY's template and Title Block. • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • MS Power Point will be utilized for presentations. • Plan sets, specifications, estimates, memorandums and other documents will be submitted in an electronic file format (PDF, typically). • AutoTurn for Civil3Dwill be utilized to evaluate vehicle turning movements. • ESRI ArcGIS products will be used for the processing and presentation of geospatial information. IV. DETAILED TASK DESCRIPTION TASK 1 PROJECT ADMINISTRATION 1.1 Project Management Project management will be on-going during the course of the project. The project manager will maintain communication with the CITY and WSDOT as well as with the Design Team. The City of Spokane Valley Page 2 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 project manager will monitor the project's scope, schedule, and budget, will coordinate and communicate with the project's subconsultants, and other similar project management tasks. Assumptions 1. The tasks in this section assume that the project will be active from December 2019 through July 2020, or a total of 8 months. 2. For purposes of this scope it is assumed that project management will require 2 hours per month during this Design and PS&E stage of the project, for a total of 6 hours. 1.2 Project Setup DEA will set up project files including internal budget tracking spreadsheets, preparing the project's financial files, and the project's electronic and hard copy technical filing system for the Phase 1 Design Agreement. 1.3 Quality Management Plan DEA will develop a project specific Quality Management(QM) Plan to identify quality assurance process for all project deliverables. The QM Plan will identify the Quality Management Team, procedures that will be used for quality assurance and quality control, the schedule of quality management tasks, and quality control protocol that will be followed. The QM Plan will be submitted to the CITY and WSDOT for review and comment. Deliverables 1. Quality Management Plan 1.4 Project Schedule DEA will prepare a schedule in Microsoft Project for the project through PS&E delivery. The project team will use the schedule, which will be updated monthly with actual milestone achievements, to check the budget, staffing levels, and where the deliverable schedule might be affected. These tools will be used to adjust staff assignments so that the schedule and fee commitments are met. Project team meetings will enforce the schedule and hold team members accountable for progress on their components of the project. Schedule updates will be submitted monthly to the CITY as part of the invoice package. Deliverables 1. Project Schedule through PS&E 2. Monthly Project Schedule updates during design (4 months) 1.5 Monthly Progress Reports and Invoices The CONSULTANT Team will provide monthly progress reports and invoices in accordance with the CITY's standard procedures. Each progress report and invoice package will include the CONSULTANT Team's invoice showing all labor and direct expenses included for the period, the monthly progress report, and full documentation of labor hours and direct expenses charged for the period. A total of 8 progress report and invoice packages (December 2019 to July 2020) will be submitted as part of this contract. City of Spokane Valley Page 3 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 Assumptions 1. Progress Report and Invoice packages will be prepared monthly for 8 months. Deliverables 1. Monthly Progress Report and Invoice Packages 2. Monthly Project Schedule update TASK 2 COORDINATION AND MEETINGS The CONSULTANT will provide frequent communication throughout the project to facilitate project decisions supported by the CITY. Regular meetings will be scheduled to monitor the progress of the project, to coordinate with team members, and to maintain accountability between all members of the team including the CONSULTANT, the CITY, and WSDOT. 2.1 Kickoff Meeting DEA staff will attend one (1) kickoff meeting as scheduled by the CITY, to be held at the CITY's office. The objectives of the meeting are to provide the CONSULTANT team with a clear understanding of project goals and objectives, project schedule, work products, and roles for project participants. The CONSULTANT will prepare a meeting record and distribute to attendees within one week of the meeting. For estimating purposes, meeting attendees will include task leaders. 2.2 CITY Coordination Coordinate with CITY staff for project data, design issues, and project updates. DEA project manager will provide bi-weekly (every other week) check-in phone and/or video conferences with CITY. 2.3 Consultant Team Coordination and Meetings Following the CITY bi-weekly coordination meetings, DEA will hold internal CONSULTANT Team coordination meetings/phone conferences to plan the work, relay information gathered during the CITY meetings, and discuss project issues that need to be passed along to the CITY for resolution. 2.4 City Council Meetings DEA will prepare graphics to be used by CITY staff to develop Power Point presentations for the City Council. One representative from DEA will attend the meetings. Assumptions 1. DEA will attend two council meetings. Deliverables 1. Graphics City of Spokane Valley Page 4 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 2.5 Project Design Team Meetings The Project Design Team is made up of representatives from the CITY, WSDOT, and the CONSULTANT Team. Project Design Team meetings will be held to effectively communicate the project needs between each of the critical project stakeholders. Items covered at the meetings will include: • Survey, Utilities, Roadway, etc. development and review • City and WSDOT review and approval progress • Practical Design opportunities and discussion • Quality Control/Quality Assurance Review • Change Management Assumptions 1. Face to face meetings will occur at design milestones (three total for the project) at the CITY; key team members that need to participate but that cannot travel to the meetings will be included by conference call. 2. For budgeting purposes, it is anticipated that there will be 3 meetings lasting about one (1) hour each by screen sharing teleconference and three (3) in person meetings lasting about one (1) hour each plus travel. DEA's project manager will attend each meeting (in person or by phone). Various DEA staff will attend meetings as appropriate based on discussion items. Deliverables 1. Meeting Agenda and Meeting Minutes TASK 3 UTILITIES COORDINATION The CITY will request an underground utility locate to be performed at the beginning of Phase I services. The CITY will provide a topographic base file including field-tied above-ground utilities and utilities that were marked in the field during the locate service. A utility plan set will be prepared depicting existing utilities within the project area. 3.1 Utility Notification The CITY will develop a list of utility companies that serve the project area. A letter will be prepared notifying each utility of the proposed improvements. This letter will be accompanied by a preliminary set of signal plans and they will be requested to mark up the plans confirming the location of their existing utilities and providing alignment/facilities for any proposed relocations and or new infrastructure. Deliverables 1. Utility distribution list 2. Copy of utility notification letter City of Spokane Valley Page 5 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 3.2 On-Site Utility Meeting DEA will conduct one on-site meeting with area utility companies. The purpose of the meeting will be to provide a project overview, discuss the construction schedule, and answer utility representative questions. Assumptions 1. All utilities will be available to participate at the same time 2. One meeting will be held on site. The meeting will last up to two hours Deliverables 1. Meeting minutes 3.3 Utility Coordination Utility companies will be asked to lay out their existing and proposed infrastructure on the preliminary utility plans provided by DEA. DEA will reach out to each utility company via telephone and/or email to answer additional utility company questions and to coordinate the return of marked up utility plans from each. Assumptions 1. Utility companies will provide existing and proposed utility locations on plans provided by DEA or on electronic files provided by DEA Deliverables 1. Utility contact log 2. Copies of returned utility markups 3.4 Utility Agreements Coordination of utility agreements is excluded from this Scope of Work. If a utility company(ies) demonstrates their compensable real property interest in accordance with the WSDOT Utility Manual Section 200.02, DEA will present this request to the CITY and a supplemental agreement will be negotiated for additional services. Assumptions 1. No utility agreements are included in this scope TASK 4 SURVEYING Project surveying is excluded from this Scope of Work . Topographical mapping will be provided by the CITY, which will include the establishment of the existing right-of-way. Topographic mapping will be completed as identified in the following figure:: Deliverables 1. A topographic base file to include all features within the identified area to include right-of- way lines and overhead utility line elevations. FIGURE 2—Topographic Survey Limits City of Spokane Valley Page 6 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 #0300 Pines & Mission s. � '4 R "" ,= Les end Topo/Boundary Survey Limits '. .8rtF'1 ' • 1-" — yyy i r Z • Y �__*_____A__,,, —�— Ar . t! =11v A 't. �.+c I t r • 1 y., I., -C. - - - s -to- - it 'Sd� .Y�g fY g'i - a .1. 1 .10,4 . , OW, s , .1 i r ul P • l S T'L ft • ' 7" a !u. RaiA n. ,, t yi 1119k ,, , t , rgAEI t1, - ill; ' . .z . , 1. TASK 5 60% DESIGN The following tasks will be accomplished in preparing the 60% Design Documents. The sheet count for this task is included in the table at the end of this section (11"x17" sheets will be used and unless noted otherwise the plan scale will be 1" = 40'). Prior to completing this 60% Design Phase and as part of the Phase 1 tasks on this project, it is assumed that WSDOT Design Approval in accordance with WSDOT Design Manual 300.04 will be issued. It is assumed that no right-of-way acquisition will be required for this project. 5.1 Title and IndexNicinity Map DEA will develop an Index/Vicinity Map showing the project location and a list of sheets included in the 60% design plans. This will also include pertinent General Notes, Legends, and appropriate abbreviations. 5.2 Roadway Typical Sections Typical sections will be prepared with two typical sections on each sheet. All sections will be prepared Not-to-Scale. Roadway typical sections are estimated as follows: City of Spokane Valley Page 7 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 • Four for Mission Ave—two for existing sections on each approach to the intersection, and two for proposed sections on each approach to the intersection • Two for Pines Road (SR 27) approaches to the intersection Assumptions • Similar typical sections will be stacked to allow for multiple treatments on each sheet. • 2 typical section sheets are anticipated. 5.3 Signing and Pavement Marking Plans DEA will prepare pavement marking plans to show existing and proposed pavement marking conditions. Traffic signal mounted signage shall be shown on the traffic signal plan sheets. DEA will include on the plans signing design indicating locations for proposed signs and instructions for existing signs (remove, relocate or protect). The signing plans will be developed in sufficient detail to depict sign legends and locations. Traffic signal mounted signage shall be shown on the traffic signal plan sheets. Assumptions 1. This work will be shown on two (2) plan sheets. Deliverables 1. Signing and Pavement Marking plan sheets. 5.4 Signal Modification Plans DEA will prepare signal modification plans for the existing traffic signal at the intersection of Pines and Mission. The plans will include existing infrastructure for retention, relocation, or removal and proposed traffic signal components necessary for the revised geometry. Assumptions 1. Accessible Pedestrian Signals (APS) will be utilized for this project. 2. Illumination will only be included on signal poles. No additional illumination plans are included 3. This work will be shown on six (6) plan sheets, as listed below: a. Signal Plan and Signal Standard Details b. Wiring Schedule and Wiring Terminations c. Mast Arm Details d. Other Signal Details Deliverables 1. Signal Modification plan sheets. City of Spokane Valley Page 8 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 5.5 Traffic Control Plans DEA will prepare preliminary Traffic Control Plans in accordance with MUTCD and WSDOT standards. The plans will depict traffic control devices required during construction. The following sheets are anticipated: Sheet Name No. Index/Overview Sheet 1 Traffic Control for Outside Lane Closures 1 Traffic Control for Inside Lane Closures 1 Temporary Signal Plan 1 Temporary Detour Plan 1 Traffic Control Sheet Total 5 5.6 Utility Plans Utility Plans are excluded from this Scope of Work. Utility contacts will be confirmed, requests for any remaining utility company maps of existing utilities will be requested and an explanation of the project provided. The preliminary plans will be provided to the utility companies for their verification of location and to plan the relocation of any facilities necessary to the project. . Found utilities will be included on the signal plans. These plans will show the locations of each existing utility based on plans provided by the utility companies, the CITY, WSDOT, and/or field verification. Assumptions 1. Utility companies that need to relocate their facilities as a result of the project will prepare plans that will be used to field construct their relocations. 1. will be obtained from utility companies and incorporated into the cost estimate. 5.7 Preliminary Special Provisions DEA will develop a specifications package and utilize the WSDOT Standard Specifications format. When applicable, WSDOT General Special Provisions (GSPs)will be utilized, or if necessary, project specific special provisions will be developed. WSDOT Amendments will be included. CITY special provisions will be incorporated into the package, as applicable. WSDOT PSE Program will be utilized to develop a specifications run list and populate the specifications package. Deliverables 1. Preliminary Specification — MS Word and PDF 5.8 Preliminary Opinion of Probable Cost Quantity takeoffs for the multiple design tasks will be developed for each design discipline and a preliminary cost estimate for the project will be developed. The cost estimate will take into account recent construction project bid prices in the project vicinity. The opinion of probable cost will also include right-of-way costs, construction contingencies, construction engineering, and contractor mobilization. City of Spokane Valley Page 9 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 Deliverables 1. Preliminary Opinion of Probable Cost— MS Excel and PDF 5.9 Preliminary Design Submittal QC A detailed review of the 60% Design Review Package will be completed by senior DEA staff not involved in developing the project design prior to Submittal. QC Review comments will be addressed prior to submittal to the CITY and WSDOT. 5.10 Submit 60% Design Package The CONSULTANT team will prepare the 60% Design Submittal package based on the CITY's requirements submit the package for review and comment. The submittal package for 60% Design Review will be compiled by DEA and will be submitted for CITY and WSDOT review. Assumptions 1. Quantities will be included in the project cost estimate. Q-Tab sheets and detailed project quantities will not be included in the project plan set. 2. CITY and WSDOT review will be completed in a Bluebeam Revu Session with all comments provided in a single location. Deliverables: 1. 60% Design plans— 11"x17" PDF Plan Sheet Section TOTAL Title and IndexNicinity Map 1 Roadway Typical Sections 2 Signing and Pavement Marking Plans 2 Signal Modification Plans 4 Traffic Control Plans 5 Total 14 2. 60% Design cost estimate— PDF 3. Preliminary Special Provisions — MS Word and PDF 5.11 60% Design Review and Comment/Resolution Meeting DEA will attend the 60% Design Review meeting with the CITY and WSDOT staff. DEA will prepare meeting minutes and distribute to the appropriate recipients by email. Prior to the meeting, DEA will assemble the comments received from the CITY and WSDOT in a comment response form. DEA will address the comments and identify comments that require further discussion at the 60% Design Review meeting. The compiled comment form will be provided to attendees at the 60% Design Review meeting and the comment form will be included in the 100% Design Review submittal. City of Spokane Valley Page 10 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 Assumptions 1. The design review will be completed in two (2) weeks. All comments will be placed in a Bluebeam Revu Session three business days prior to the design review meeting. The incorporation of hard copy comments will be completed by the CITY. 2. There will be one 60% Design Review Meeting lasting two (2) hours. 3. Three (3) DEA staff will attend (Project Manager, Traffic Design Lead, and Survey/ROW Lead). 4. The CONSULTANT will process the Bluebeam Revu Session comments and identify those necessary for resolution with CITY and WSDOT staff. The CONSULTANT will be prepared to review those comments as deemed necessary at the meeting. Deliverables 1. 60% Design Review Package TASK 6 90% DESIGN DEA will incorporate 60% review comments and further develop the project design. This task includes preparing 90% plans, specifications and estimate. The plans will be organized in accordance with CITY and WSDOT Design Guidelines. The sheet count for this task is included in the table at the end of this section. 6.1 Title, Index and Vicinity Map Sheet DEA will develop the Title Sheet for the 90% Design Package and include the Index and Vicinity Map Information from the 60% Design Package. 6.2 Survey Control and Found Monuments Survey is excluded from this scope of work. 6.3 Roadway Typical Sections DEA will finalize the typical sections that were developed as part of the Preliminary Design tasks. Adjustments to the typical sections based on review comments will be made. 6.4 Intersection Plans and Details DEA will prepare Intersection Plans and Details. Intersection details will be prepared for the signal cabinet area and affected curb ramps at the intersection. 6.5 Signing and Pavement Marking Plans DEA will finalize the pavement marking plans indicating locations for channelization and pavement markings. DEA will also finalize signing design and complete the plans for construction. Additional adjustments to the plans will be made based on comments received at the 60% Design Review Meeting. The plan set will be enlarged to include the following: City of Spokane Valley Page 11 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 Assumptions • Sign Specification Sheets = 1 • Signing and Pavement Marking Plans = 2 • Sign Details = 1 6.6 Signal Modification Plans and Details DEA will finalize the 60% Design Signal Modification Plan sheets. Additional adjustments to the plans will be made based on comments received at the 60% Design Review Meeting. 6.7 Traffic Control Plans DEA will finalize the Traffic Control Plans, staging overview plans, and detour plans in accordance with MUTCD and WSDOT standards. Additional adjustments to the plans will be made based on comments received at the 60% Design Review Meeting. 6.8 Utility Plans Utility Plans are excluded from this Scope of Work. 6.9 Utility Hearing Waivers Utility Hearing Waivers are excluded from this Scope of Work. 6.10 Specifications and Proposal DEA will update the special provisions based on 60% design comments and expand on level of detail of specifications. 6.11 Contract Time Determination DEA will determine the contract construction time in accordance with CITY and WSDOT standards. A construction schedule will be included in this task and be submitted with the 90% Design Review package. Assumptions 1. The electronic construction schedule will be subject to change based on information provided by the successful bidder. The schedule is provided for planning purposes only. 6.12 Opinion of Probable Cost DEA will prepare a construction cost estimate for bid items using cost estimating software and current WSDOT average unit price data. Cost estimates at 90% plan development will be completed and submitted for CITY and WSDOT review and will include the development of quantity takeoffs. The cost estimate will have an appropriate contingency for a 90% Design Cost Estimate. City of Spokane Valley Page 12 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 6.13 QC Review of 90% Design Submittal Prior to submittal, a detailed review of the 90% Design Review Package will be completed by DEA Senior Transportation Engineers not involved in developing the project design. QC Review comments will be addressed prior to submittal to the CITY and WSDOT. 6.14 Submit 90% PS&E DEA will prepare the 90% design plans, special provisions, and estimate and submit to the CITY and WSDOT for review. The submittal package for review will include: • Project Specifications and Proposal • Construction Time Determination • Opinion of Probable Cost • Electronic base files for review • The 90% Design Plans as described above and as included in the table below. Assumptions 3. Quantities will be included in the project cost estimate. Q-Tab sheets and detailed project quantities will not be included in the project plan set. 4. CITY and WSDOT review will be completed in a Bluebeam Revu Session with all comments provided in a single location. Plan Sheet Section TOTAL Title, Index and Vicinity Map Sheets 1 Roadway Typical Sections 2 Intersection Plan and Details 2 Signal Modification Plans and Details 4 Signing and Pavement Marking Plans 4 Traffic Control Plans 5 Total 18 6.15 90% Design Review Meeting DEA will attend the 90% Design Review meeting with the CITY and WSDOT staff. DEA will also prepare meeting minutes and distribute to the appropriate recipients by email. Prior to the meeting, DEA will assemble the comments received from the CITY and WSDOT in a comment response form. The team will address the comments and identify comments that require further discussion at the 90% Design Review meeting. The compiled comment form will be provided to attendees at the 90% Design Review meeting and the 90% design review comment form will be included in the PS&E submittal. City of Spokane Valley Page 13 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 Assumptions 5. The design review will be completed in two (2) weeks. All comments will be placed in a Bluebeam Revu Session three business days prior to the design review meeting. The incorporation of hard copy comments will be completed by the CITY. 1. There will be one Design Review Meeting lasting two (2) hours. 2. Three (3) DEA staff will attend (Project Manager, Traffic Design Lead, Survey/ROW Lead). 3. The CONSULTANT will process the Bluebeam Revu Session comments and identify those necessary for resolution with CITY and WSDOT staff. The CONSULTANT will prepare to review those comments as deemed necessary at the meeting. Deliverables 1. 100% Design Review Package TASK 7 100% (AD-READY) DESIGN 7.1 Prepare PS&E Package DEA will revise the 90% Design plans, special provisions, cost estimate, and associated materials to address review comments. 7.1.1. Plans 90% Design Review comments will be addressed by DEA, details will be revised, and coordination as required on geometrics, traffic control, etc. will be accomplished. Required revisions, received by e-mail or phone, from the CITY or WSDOT two weeks prior to the PS&E Submittal will be incorporated. 7.1.2. Specifications and Proposal Referring to the latest WSDOT Standards, Specifications, and current Supplemental Specifications, DEA will make revisions to the Special Provisions and other elements of the project's Proposal including Opinion of Probable Cost. Final revisions will be made to the project's construction cost estimate to reflect comments obtained during 100% Design Review. 7.1.3. Construction Time Determination CPD Final revisions will be made to the project's Construction Time Determination CPD to reflect comments obtained during 90% Design Review. 7.1.4. QC of PS&E A detailed review of the PS&E Submittal Package will be completed by DEA senior-level Engineers not involved in developing the project design prior to the PS&E Submittal. QC Review comments will be addressed prior to submittal to the CITY and WSDOT. City of Spokane Valley Page 14 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 7.1.5. Submit Ad-ready PS&E Package DEA will assemble the above described 90% Plans, Specifications, Estimate, Cost Estimate, and Construction Time Determination CPD estimate components. The Ad-ready PS&E Package will be submitted to the CITY and WSDOT for review. CITY and WSDOT will review the submittal concurrently. The Ad-ready PS&E documents will be reviewed and approved and then issued for bid advertisement. Assumptions 5. Required revisions, received by e-mail or phone, from the CITY and WSDOT prior to the PS&E Submittal will be incorporated. Deliverables 1. Opinion of Probable Cost (signed/stamped) - PDF 2. CPM Schedule for Construction Duration - PDF 3. Specifications and Special Provisions - MS Word 4. signed and sealed project plans for the CITY - 1 hard copy, bond paper, 11x17 5. signed and sealed project plans for the CITY— PDF, 11x17 6. Electronic deliverables will be provided to the CITY. 7.1.6. Compiled Project Information This includes compiling design approvals, field survey data and information, project contact information, utility waivers and/or agreements, and project CADD Files as necessary. 7.2 Bid Assistance DEA will be available to answer questions and to assist the CITY during the advertising and bidding process. This task assumes that up to 12 hours will be required for bidding assistance. Deliverables 1. 100% PS&E package (hard copy and electronic) V. GENERAL ASSUMPTIONS This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: 1. The project management budget for the Scope of Services is based on a project duration from December 2019 to July 2020, for a total of 8 months. The Ad Ready Design submittal is expected to occur by March 13, 2020. 2. This scope of work assumes that right-of-way acquisition and an Access Hearing is not required for this project. 3. This scope of work assumes that survey, geotechnical, and/or environmental services are not required for this project. City of Spokane Valley Page 15 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 4. Consultant will not convert the project files to any AutoCAD format at project completion. 5. All title commitments or title commitment renewals will be obtained by the CITY. 6. The level of effort for a given work task is limited to the amount of labor and expenses indicated in Exhibit D. Out-of-scope services beyond these limits will be provided as Extra Work. The CONSULTANT reserves the opportunity to shift budget between work tasks and between labor and expenses. 7. WSDOT LAG agreement for cost plus fixed fee with a not to exceed maximum will be utilized. If the scope of services increases or decreases as it relates to this original scope of services, then an adjustment to the associated fees and delivery schedule will be executed once the CITY and the CONSULTANT mutually agree on the terms of the change. 8. WSDOT will review and approve project elements that could impact Pines Road (SR 27). 9. WSDOT Design and Local Agency Guideline (LAG) Manuals will be consulted for specifications and general special provisions. CITY Special Provisions will also be utilized where pertinent. 10. Opinion of Probable Costs are estimated values. Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections or estimates. 11. WSDOT standard bid items will be used for all items on the project unless unavailable for items specified by special provisions. 12. All design reviews conducted by the CITY or WSDOT will be completed electronically using a Bluebeam Revu Session. DEA will provide training as requested for the reviews. VI. DOCUMENTS TO BE FURNISHED BY CONSULTANT The documents, exhibits, or other presentations as described as Deliverables under SCOPE OF SERVICES ("Documents") will be furnished by CONSULTANT to CITY upon completion of the various tasks. Whether the Documents are submitted in electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format will be without liability or legal exposure to CONSULTANT. CITY will assume all risks associated with such use, modifications, or conversions. CONSULTANT may remove from the electronic Documents delivered to CITY all references to CONSULTANT's involvement and will retain a tangible copy of the Documents delivered to CITY which will govern the interpretation of the Documents and the information recorded. VII. ITEMS AND SERVICES TO BE FURNISHED BY CITY The CITY will provide the following items and services to CONSULTANT. CONSULTANT is entitled to rely on the accuracy and completeness of the items and services furnished by the CITY. City of Spokane Valley Page 16 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 CITY PROVIDED ITEMS: 1. Environmental Review and Permitting 2. Topographic Survey to include aerial utility locations and crossing elevations and existing right-of-way. 3. Geotechnical design information for signal foundations. 4. As-Built drawings and information on the current intersection and traffic signal. VIII. EXTRA WORK All work not described above will be considered Extra Work. At the request of the CITY, the CONSULTANT will perform Extra Work as a supplement to this Agreement. IX. TIME FOR COMPLETION After the PROJECT kickoff meeting is held, a schedule will be prepared based on CITY and CONSULTANT feedback. Following is an estimated PROJECT schedule: Task Timeframe Project management and Quality Control December 2019 to July 2020 CITY and WSDOT Coordination December 2019 to July 2020 60% Design Package January 2020 to February 2020 90% Design Package February 2020 to March 2020 100% (Ad-ready) PS&E Package for Bid March 2020 Bid Advertisement March 2020 X. MANAGEMENT RESERVE FUND A Management Reserve Fund (MRF) will be created in accordance with the LAG Manual to account for any unanticipated needs outside of the above listed Scope of Services. This fund can only be utilized with advance written authorization by the CITY. End of Scope of Services City of Spokane Valley Page 17 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 City of Spokane Valley Page 18 Scope of Services Pines and Mission Intersection Improvement Phase I Design December 5, 2019 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. The UDBE goal for this contract is 0%. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 16 of 34 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: L Surveying, Roadway Design & Plans Preparation Section A. Survey Data Not Applicable B. Roadway Design Files Not Applicable 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. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 17 of 34 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 deliverables specified in the individual task orders may be transmitted via email, delivered with a CD, or through the Agency's or Consultants' FTP site. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency will provide an up to date AutoCAD template and Autocad Civil 3D drawing file of the survey by others. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 18 of 34 IL Any Other Electronic Files to Be Provided Not Applicable III. Methods to Electronically Exchange Data Project deliverables may be transmitted via email, delivered with a CD, or through the Agency's or Consultants' FTP site. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 19 of 34 A. Agency Software Suite Microsoft Office AutoCAD Civil 3D B. Electronic Messaging System Microsoft Outlook C. File Transfers Format File transfers may be conducted via email, delivered with a CD, or through the Agency's or Consultants' FTP site. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 20 of 34 Exhibit D Prime Consultant Cost Computations See attached Exhibit D Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 21 of 34 DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s) entitled "Exhibit D / Prime Consultant Cost Computations" contain(s) confidential cost and rate data and is (are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 720-5102 or visit our website at www.spokanevallev.org to complete a Public Record Request to receive a copy of this record. Exhibit E Sub-consultant Cost Computations There is not any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 22 of 34 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2 Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex, or national origin. 4 Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE,or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 23 of 34 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Exhibit G-4 Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 24 of 34 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 908 N Howard St., Suite 300 Spokane, WA 99201 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); Local Programs Office, WSDOT Eastern Region 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. David Evans and Associates, Inc. Consultant(Firm Name) 4/<' ( Z / /a 0 , Sign re(Authorized( facial of Consultant) Date Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 25 of 34 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: J City Manager ❑ Other of the City of Spokane Valley , and David Evans and Associates, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the Local Programs Office, WSDOT Eastern Region 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. ko4 ae&t, 12-7(cOg Signature Date Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 26 of 34 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. David Evans and Associates, Inc. Consultant(Firm Name) /2-A3 c, 7 Sign re(Authorized OW of Consultant) Date Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 27 of 34 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 31 of 34 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP,in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 32 of 34 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) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 33 of 34 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs 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 final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit Local Agency A&E Professional Services Agreement Number 19-198 Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 34 of 34 DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 12/1/2020 12/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX o. Kansas City MO 64112-1906 EMAIL E"u (A/C.No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER B:Continental Casualty Company 20443 1456304 2100 SW RIVER PARKWAY INSURER C:American Guarantee and Liab. Ins.Co. 26247 PORTLAND OR 97201 INSURER D:American Zurich Insurance Company 40142 INSURER E: INSURER F: COVERAGES DEAIN01 -MAIN CERTIFICATE NUMBER: 16455937 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. INSRTR AINDDL SD,SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL UABIUTY Y N GL09830389 12/1/2019 12/1/2020 EACH OCCURRENCE $ $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(EaENTED occu occurrence) $ $300,000 MED EXP(Any one person) $ $10,000 PERSONAL&ADV INJURY $ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 X POLICY X E 9 LOC PRODUCTS-COMP/OP AGG $ $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY y N BAP9830390 12/1/2019 12/1/2020 COMNED SINGLE LIMIT $ (Ea aBIccident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X 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 N X PER OTH- D AND EMPLOYERS'LIABILITY Y/N WC 9336626 12/1/2019 12/1/2020 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL N N AEH591924704 12/1/2019 12/1/2020 PER CLAIM$1,000,000 LIABILITY ANNUAL AGGREGATE$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: 19-198-PINES/MISSION INTERSECTION IMPROVEMENTS(CIP#300).THE STATE AND AGENCY,THEIR OFFICERS,EMPLOYEES,AND AGENTS 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 DAVID EVANS AND ASSOCIATES, INC.IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 16455937 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:CHRISTINE BAINBRIDGE,CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 EAST SPRAGUE AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. SPOKANE VALLEY WA 99206 AUTHORIZED REPRESENTATI / ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD