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20-160.00 Transportation Solutions: Western States Caterpillar SEPA Appeal Contract No.20-160 AGREEMENT FOR PROFESSIONAL SERVICES Transportation Solutions,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Transportation Solutions, Inc., hereinafter "Consultant,"jointly referred to as"Parties." The City has selected Consultant specifically for its expertise,qualifications,and ability to provide identified assistance on traffic and transportation-related issues for potential and pending litigation. IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or • designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in Agreement for Professional Services(with professional liability coverage) Page 1 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by October 31,2020,unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant agreed upon hourly rates,plus project related expenses, up to a maximum amount of$25.000 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Engineering Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards, City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name: Victor Salemann,PE Phone: (509)720-5000 Phone: (425) 883-4134 Address: 10210 East Sprague Avenue Address:16932 Woodinville Redmond Rd A206 Spokane Valley,WA 99206 Woodinville,WA 98072 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Retarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; Agreement for Professional Services(with professional liability coverage) Page 2 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No. 20-160 • 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials, payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,stop-gap independent Agreement for Professional Services(with professional liability coverage) Page 3 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. • 4.Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than$2,000,000 per claim and$2,000,000 policy aggregate limit. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. Agreement for Professional Services(with professional liability coverage) Page 4 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement at the time of execution. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51,RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting.on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law, Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. Agreement for Professional Services(with professional liability coverage) Page 5 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations:The Consultant shall comply with the federal laws set forth in this Section ("Acts and the Regulations") relative to non-discrimination in federally-assisted programs as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: The Consultant, with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment.The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Acts, the Regulations, and 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 City to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information,the Consultant shall so certify to the City, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it may determine to be appropriate,including,but not limited to: 1. withholding payments to the Consultant under the Agreement until the Consultant complies; and/or • Agreement for Professional Services(with professional liability coverage) Page 6 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 2. cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through F in every subcontract in which there is federal-assistance under this Agreement,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The Consultant shall take action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race,creed, color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; Agreement for Professional Services(with professional liability coverage) Page 7 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100);and Title IX ofthe Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 etseq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 24.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this Z — day of _t:''"k� ,20 270 rarriAlALLEY Cons ant: Mark Calhoun,City Manager : ictor Salemann Its: President APPROA AS TO FORM: Office the City Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 EXHIBIT A SCOPE OF SERVICES PROJECT BACKGROUND Western States Caterpillar(Western States)is proposing to construct a heavy equipment dealership facility that includes sales, service,rental,and offices. The facility will be situated on approximately 30 acres with nearly 3 acres of building structures at the easternmost end of East Cataldo Avenue in the City of Liberty Lake. As part of the project, site improvements will include nearly 180 parking spaces. The development will have two access from public roadways. The first access, stated to be emergency access only, will be from North Harvest Parkway via East Mission Avenue. The second access will be from East Cataldo Avenue and will be used by all employees, customers, delivery vehicles, and heavy equipment. According to the project's Trip Generation and Distribution Letter (TGDL), the project will generate approximately 400 vehicle trips per day. The City of Spokane Valley anticipates that the proposed Western States project will have significant impacts on the City's transportation network. These impacts will include operational impacts, as well as physical roadway impacts. The location of the project adjacent to the City, as depicted in the figure below, requires that all traffic associated with the development utilize public streets within the City. The City of Spokane Valley has identified operational deficiencies for the transportation network along the Barker Road corridor due to , future development which are outlined in two separate traffic studies, the Spokane Valley Northeast Industrial Area PAO Traffic Analysis(2017)and the South Barker Corridor Study(2020). The proposed Western States development will provide additional traffic impacts to the corridor. Y rx. r .) -i4 r—.;r 4r4 ,c 5.. t Ti,}. 412 J J 2-,C-�{ i1 ' .? :,V k ! e r s h �}, 1 it�(1 %, r t;K s" ; i l w�.i ,` t ,, f c, '� ""tY»art'a �a ctw^t'c St � _..,- , r'r 1 /°-di -� . • i1 r-,, L ae ,f .,.1,"� ,i ,.f r' L,•* r ,:71 4.'.-*:. '7704' - ,.i ;- a''' -;;":' "41'41 .?'1.:•7 * f ,.,, ,?'t , 1`tr...Aft:, Lj,� '.Y 'y.,,,i`,7, a W"�1�:•a i TIC . f 1. `kr - u .r_r.T,.+ , 'f .:t.v.-,',1 1, 1 t+--2, ,mikt''' .t....t..- ri:.!,'—0,..', ..-,•,:i•,-4/;%,,41,:t-,-;:--,-413 il ..,, , `, If: '.,t, : , r4,-..--.):-..,‘..-- '[4 7 7, /4- a,i '' EMissionAve `..�. •te_,.'A f .: . Y' tu, a{ l. f r r� • _^„• ' 'e J 41#Ti. T'TV '� "3 �7 1 s.� .� S Y aW Ir {5 Sgn3A1Y@ , _ v�' ', t'> -ems'- t . ..3„ y‘ • 0 ei. 1- � .;, t f! 1 1 S +.. y • 4c s f 7i (...4 _, to i !#r 1`•> o ��^ t� - c f x ' � * .- • f �ss,,on' 3. ,,.....:41:5.:::,,,,„_II. . .,.. �t10, t � r , i r -' —4,* 'I r 0.1 41)[ -,'-'. -I iii t , ,,e" - ',-1 Vri- ,---, c--z; -t.,si, '.7---i-,„ ,, 0 1,3,,tx :„. , . .f.--‘1,,',_-: _,,„ i , _ 4 y ._.. _, 1 j;,th e g ..*, _ ,,,i riii=' 1 ru mm,fli IF,Dvrel 1 Yr E Cate /.vt E. s ' a4 - .- P. i' YY1i ,t`rs# - :.. .,:..,,.. •iiAiwr.90, wW--'- -- .TAifl:).. op..9c,,dl , , 1 ' a _ - .fir:.ess � y `` 11'* f,44 It .r k : Google`Earthl Agreement for Professional Services(with professional liability coverage) Page 9 of 13 Transportation Solutions,Inc. Western States Caterpillar Project 1 Contract No.20-160 In addition to impacts from contributory traffic volumes along a corridor with known traffic issues, the development may have adverse impacts on the physical road system within the City of Spokane Valley. These adverse impacts have already caused WSDOT and the City to modify three separate roundabout project designs on Barker Road to accommodate Western States' heavy equipment hauling. Similarly,the City believes that the heavy equipment hauling will most likely have adverse impacts to East Cataldo Avenue from Barker Road to the City limits that will require mitigation by Western States. East Cataldo Avenue,a Spokane Valley local access road with a pavement width of only 20 feet in places,was originally constructed as an interstate frontage road. Since its construction in the 1950's,no significant changes have been made to the alignment or road cross section of Cataldo Avenue east of Barker Road. As part of the permit application and SEPA process managed by the City of Liberty Lake, the City of Spokane Valley provided comments and requested several studies to identify and address anticipated impacts to the Spokane Valley portion of East Cataldo Avenue. Liberty Lake declined to request any traffic studies or geometry studies. One geotechnical study was provided,which indicates likely impacts on the structure of East Cataldo Avenue. Liberty Lake ultimately issued a grading permit and mitigated determination of significance("MDNS")on August 21,2020 that did not include any mitigation conditions for impacts in the City of Spokane Valley. The City is appealing the grading permit and MDNS and is seeking a traffic and transportation consultant to assist in quantifying the impacts from the Western States project and to assist in the appeal. PROVIDED SERVICES In support of the City's appeal of the MDNS SEPA determination,the City is retaining the Consultant to perform the studies requested of Liberty Lake in order to demonstrate the impacts from the project that will occur in Spokane Valley and to identify the necessary mitigation to address such impacts. The following.services will be provided by the Consultant in execution of this contract for the Western States Caterpillar Dealer project. Traffic Study: The Consultant will develop a Traffic Impact Analysis (TIA) for the project, identifying impacts from the proposed development on the City's transportation network,as well as develop potential mitigation measures to address the impacts. The Parties shall agree on the scope of the TIA,but generally it will look at impacts from the site to and along Barker Road. The Consultant will review existing studies and documents provided by the City and prepare independent studies to identify project generated transportation system level of service and public safety impacts to City facilities. East Cataldo Avenue Geometry: The Consultant will evaluate the geometry of East Cataldo Avenue as it relates to traffic from the proposed development,especially heavy equipment traffic. It is anticipated that the corner where Cataldo diverts from I-90 may not be suitable for oversize loads. As part of the evaluation, deficiencies in the roadway geometry will be identified along with potential mitigation measures to address the deficiencies. The Consultant will utilize AutoTURN software to evaluate geometric impacts and identify mitigation. East Cataldo Avenue Pavement Structure: The City has retained a geotechnical engineering consultant to conduct the requested pavement section structural evaluation. The Consultant will coordinate with the geotechnical engineering consultant to assure that the necessary information is analyzed and evaluated to determine impacts attributed to the proposed development. The Consultant will also work with the firm to determine potential proportionate share mitigation measures to address the impacts. The Consultant will provide estimated volumes by vehicle classification for the geotechnical engineering firm to use to estimate Agreement for Professional Services(with professional liability coverage) Page 10 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 remining pavement life on East Cataldo with and without the project and to estimate required pavement/subgrade improvements necessary to support the anticipated loads generated by the project. Expert Witness Services: As part of the City's appeal of the MDNS SEPA determination,the Consultant will provide the necessary witness services for the anticipated appeal hearing. Deliverables Deliverables will include: • Traffic Impact Analysis Report. • Technical Memorandum regarding the East Cataldo Avenue Geometry. • Technical Memorandum regarding vehicle loading on East Cataldo Avenue • Project documentation will be delivered in both Hardcopy and MS Office formats. • Agreement for Professional Services(with professional liability coverage) Page 11 of 13 Transportation Solutions,Inc. Western States Caterpillar Project • Contract No.20-160 EXHIBIT B COMPENSATION FOR SERVICES The identified Scope of Services will be provided at the following time and direct expense rates. Personnel Classification All Inclusive Hourly Rate Victor Salemann,P.E.,Principal I Engineer VIII $235.00/hr. Andrew Bratlien,P.E., Senior Transportation Engineer I Engineer V $168.50/hr. Jeffrey He;P.E.,Senior Transportation Engineer I Engineer V $168.50/hr. Sam Garcia,E.I.T.,Transportation Engineer I Engineer II $105.00/hr. Michael Shafer,Sr.Engineering Technician I Drafting Technician 3 $155.00/hr. Jill Berberich, Office Manager I Administrative Assistant 5 $115.00/hr. Direct Expense Estimated Site Visit(600 miles,meals,and lodging) $600 Agreement for Professional Services(with professional liability coverage) Page 12 of 13 Transportation Solutions,Inc. Western States Caterpillar Project Contract No.20-160 EXHIBIT C INSURANCE CERTIFICATES Agreement for Professional Services(with professional liability coverage) Page 13 of 13 Transportation Solutions,Inc, Western States Caterpillar Project /„...41 TRANSOL-02 R1 KJOHNSON ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MMiDDlYYYY) kola./ 8/31/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kassi Johnson AssuredPartners of Washington,LLC PHONE — — — FAX P.O.Box 847 (A/C,No,Ext):(425)952-2661 (A/c,No): Redmond,WA 98073 n iAREss:kassi.johnson@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Co.Of Hartford 20478 INSURED INSURER B:Continental Casualty Company 20443 Transportation Solutions,Inc. INSURER c:Travelers Casualty&Surety of America 31194 16932 Woodinville Redmond Rd NE Suite A206 INSURER D: Woodinville,WA 98072 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER (MMPOLICY EFF POLICY EXP LIMITS LTR INSD WVD /DD/YYYY1 (MM/DD/YYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6025562530 3/23/2020 3/23/2021 DAMAGE TO RENTED 300,000 X PREMISES(Ea occurrence) $ X WA STOP GAP MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X aE8T LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO 6080744318 3/23/2020 3/23/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSRAUUTOUOS ON E� ONLY AUTOS VyN BODILY INJURY(Per accident) $ X AUTOS ONLY X Y (t Rerr acEcldent)AMAGE $ $ B X UMBRELLA LIAB 1 X OCCUR EACH OCCURRENCE _$ A_ 1,000,000 EXCESS LIAB , CLAIMS-MADE I 6074646796 3/23/2020 3/23/2021 AGGREGATE $ _ 1,000,000 DED X !RETENTION$ 10,000 $ A WORKERS COMPENSATION STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 6025562530 3/23/2020 3/23/2021 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. 105932134 5/13/2020 5/13/2021 Per Claim: 3,000,000 C 105932134 5/13/2020 , 5/13/2021 Aggregate 4,000,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Contract No.20-160-Western States Caterpillar Project It is agreed that City of Spokane Valley is included as Additional Insured per attached endorsement.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof SpokaneTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue Spokane Valley,WA 99206 AUT OOR�IZEDREPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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