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20-172.00 KPFF Consulting: Sullivan/SR290 Interchange Reconstruction Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number:20-172 Firm/Organization Legal Name (do not use dba's): KPFF, Inc. Address Federal Aid Number 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 N/A UBI Number Federal TIN 578063612 REDACTED Execution Date Completion Date 1(1)/4) uir 22� December, 31, 2021 1099 Form Re ed Federal Participation ❑ Yes 0 No ❑ Yes Q No Project Title Sullivan Road/State Route 290 Interchange Reconstruction: Phase 1 Alternative Analysis and Evaluation Description of Work Further develop and evaluate the recommendations from the Sullivan Road Corridor Study as they relate to the Sullivan Road/SR290 Interchange. This project is expected to take place in three phases, described in Exhibit A, Scope of Work. Li nis aocument contains connaentiai tax inrormation ana 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 • No DBE Participation Maximum Amount Payable: $284,854.87 ❑ Yes 0 No MBE Participation ❑ Yes Q No WBE Participation ❑ Yes 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B 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 I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Local Agency A&E Professional Services Agreement Number 20-172 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14 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. Ill. 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14 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, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. 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: Chris Bainbridge Name: David McMullen Agency: City of Spokane Valley Agency: KPFF, Inc. Address: 10210 E. Sprague Ave. Address: 1601 Fifth Avenue, Suite 1600 City: Spokane Valley State: WA Zip: 99206 City:Seattle State:WA Zip: 98101 Email: cbainbridge@spokanevalley.org Email: David.McMullen@kpff.com Phone: 509-720-5102 Phone: 206-926-0548 Facsimile:509-720-5075 Facsimile: 206-622-8130 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14 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 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 fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such fmal 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 fmal written acknowledgment between the parties. Such fmal 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 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 fmal 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 fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14 A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. 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. C. 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. D. 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 E.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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14 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 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 acknowledgment 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 STA 1'E's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 7 of 14 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 8 of 14 to defend or indemnify the STA1L and the AGENCY and their officers and employees against and hold harmless the STA1E 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 STA1E 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 STAR, 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 STA l E 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 STALE,and/or AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STA l b 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14 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: Rob Lochnuller Agency: City of Spokane Valley Address: 10210 E. Sprague Ave. City: Spokane Valley State: WA Zip: 99206 Email: rlochmiller@spokanevalley.org Phone: 509-720-5010 Facsimile: 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 10 of 14 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 11 of 14 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 12 of 14 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 (`BSI"), 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 13 of 14 For purposes of this AGREEMENT, `BSI" 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. aCik1 1 9/24/2020 Signature Date Al Mt. 1167672ZP 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 14 of 14 Exhibit A Scope of Work Project No. See attached Exhibit A, Scope of Work. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 EXHIBIT A SCOPE OF WORK SULLIVAN ROAD/STATE ROUTE 290 Interchange Reconstruction Project Phase 1: Alternatives Analysis and Evaluation Submitted for: S`pakane alley September 24, 2020 Prepared by: KPFF Consulting Engineers EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 2 of 24 TABLE OF CONTENTS SCOPE OF WORK 4 WORK TASKS 8 1. Project Management and Administration 8 1.1. Project Team Management and Coordination 8 1.2. Internal Project Team Meeting Organization 8 1.3. Project Schedule 8 1.4. Risk Management Plan 8 1.5. Project Coordination Meetings 9 1.6. Monthly Progress Reports and Invoices 9 2. Existing Data Research 10 2.1. Gather and Review Existing Information 10 3. Base Mapping and Topographic Survey 10 3.1. Project Management 10 3.2. Records Research 10 3.3. Horizontal and Vertical Control 10 3.4. Topographic Survey 11 3.5. Basemap Preparation 12 4. BNSF Coordination and Submittals 13 4.1. Prepare Temporary Occupancy Application and Safety Plan 13 4.2. Obtain As-Built Track Plans 13 5. Geotechnical Research and Recommendations 13 5.1. Research,Compilation,and Review of Historical Subsurface Data 14 5.2. Preliminary Engineering Analysis 14 5.3. Preliminary Geotechnical Memorandum 14 5.4. Design Support 15 KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 3 of 24 6. Basis of Design 15 6.1. Regulatory Parameters 15 6.2. Site Context Opportunities and Constraints 16 6.3. Basis of Design Discussion 17 6.3.1. Workshop 17 6.3.2. Stakeholder Meetings 17 6.4. Basis of Design Document 17 7. Right-of-Way Services 18 8. Alternatives Analysis and Evaluation 18 8.1. Step 1:Screening Parameters 18 8.2. Step II:Alignment and Approach Alternatives 19 8.3. Step III:Bridge Alternatives 20 8.4. Alternatives Estimated Project Costs 20 9. Inclusive Outreach and Public Engagement 20 9.1. Community/Stakeholder Database 20 9.2. Communications Plan 20 9.3. City Council Briefings 21 9.4. Stakeholder Briefings and Presentations to Community Organizations 21 9.5. Open House 21 9.6. Project Communication Materials 22 10. Environmental Services and Permitting Strategy 22 10.1. Permit Identification 22 11. Alternative Analysis and Evaluation Report 23 11.1. Report Format 23 EXHIBIT A 24 KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 4 of 24 SCOPE OF WORK SULLIVAN ROAD/SR290 INTERCHANGE RECONSTRUCTION Phase 1:Alternative Analysis and Evaluation Introduction Project Background The Sullivan Road Corridor provides connections that are significant to local,regional,and interstate services that include shopping malls,industrial parks,freight companies,and other commercial businesses.This corridor fills the gap between Bigelow Gulch Road and Interstate 90 (I-90).Peak- hour traffic volumes are expected to nearly double along the Sullivan Road Corridor as a result of planned improvements for Bigelow Gulch Road. The Sullivan Road Corridor Study performed in 2015 looked at traffic impacts and made recommendations for both short-and long-term planning along the Sullivan Road Corridor.The study analyzed future traffic growth between I-90 and Wellesley Avenue and determined that future improvements were needed to maximize safety and efficient movement of both motorized and non- motorized users.Recommendations from the Sullivan Road Corridor Study included widening of Sullivan Road from SR290 to the BNSF crossing,improving the SR290 interchange,and accommodating a future shared-use path. Project Purpose The purpose for the Sullivan Road/SR290 Interchange Reconstruction project is to further develop and evaluate the recommendations from the Sullivan Road Corridor Study as they relate to the Sullivan Road/SR290 Interchange.This project is expected to take place in three phases,described below. Phase 1 This scope of work shall be for the Phase 1 Alternatives Analysis and Evaluation Study.This includes: • Data collection and review • Basis of Design preparation • Type,size,and location of alignment/approaches and structures • Preliminary geotechnical engineering • Inclusive outreach and public engagement • Definition of permitting requirements During and/or at the conclusion of the Alternatives Analysis and Evaluation Phase,the City of Spokane Valley(CITY) can exercise the option to supplement KPFF's contract to include Phase 2 and Phase 3. KPFF August 26,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 5 of 24 Phase 2 Phase 2 shall include Plans,Specifications,and Cost Estimate (PS&E): • Completion of 30%, 60%,90%,and final plans • Contract specifications • Cost estimate • Permitting • Inclusive outreach and public engagement Phase 3 Phase 3 shall include bid assistance and construction management. Project Objectives The objectives of this project include: • Developing and evaluating reconstruction alternatives to the Sullivan Road/SR290 interchange • Identifying and evaluating needed modifications to existing infrastructure affected by changes to the interchange • Selecting a preferred alternative for the interchange reconstruction • Engaging the general public,property owners,stakeholders,and business owners • Coordinating and obtaining approval for the preferred alternative from BNSF,WSDOT, Spokane County,and CITY Council and departments • Identifying right-of-way needs and estimating right-of-way costs • Positioning project for future funding opportunities KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 6 of 24 Project Team and Services The project team shall perform the following services to deliver Phase 1 for the project as directed by the CITY: • Owner/Project Manager-City of Spokane Valley • Prime Design-KPFF Consulting Engineers • Structural Engineering-KPFF Consulting Engineers • Civil Engineering-KPFF Consulting Engineers • Traffic Operations/Signals/Illumination-Fehr and Peers (under contract w/CITY) • Geotechnical Engineering-Budinger&Associates • Public Outreach-KPFF Consulting Engineers • Land Surveying-KPFF Consulting Engineers • Environmental Permitting Services-Widener&Associates • Easement and Property Acquisition Support Services-DCI Engineers • Stakeholder/Public Outreach-KPFF Consulting Engineers General Project Assumptions Following are general assumptions for the project. • Existing materials to be provided by the CITY: o Environmental documentation from previous work related to Bridging the Valley o WSDOT concerns related to the SR290 ramps o Roadway and utility as-built drawings for adjacent or related projects that are currently available o Existing right-of-way or plat maps for the project area o Existing right-of-way plans for the project area o Existing aerial photographs o Existing current Spokane County LIDAR aerial topographic mapping information • The CITY to provide the following project information: o Conceptual pavement structural section recommendations based on other area projects(for cost-estimating purposes) o Conceptual stormwater infiltration rate recommendations based on other area projects(for conceptual stormwater management design) o All traffic engineering related services for this phase of the contract,consisting of alternatives analysis and utilizing HCS software,through a separate agreement with Fehr&Peers as outlined in City Contract No.20-091.Additional analysis may require Fehr and Peers to update the regional future demand model and analysis. o Planning level costs for signals and lighting to be provided by Fehr and Peers. KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 7 of 24 • Onsite geotechnical exploration is not included in this agreement.It is anticipated to be included in Phase 2.Geotechnical recommendations will be preliminary and developed from existing information. • The budget may be moved from one task to another at the discretion of KPFF by notifying the CITY of the change,as long as the overall budget is not exceeded. • WSDOT standard bid items shall be used for all items on the project unless unavailable for items specified by special provisions. • WSDOT shall review and approve project elements that could affect SR290. • Project deliverable standards: o Microstation V8i,with Power Inroads for modeling. o Plan sheets shall bear the CITY's Title Block. o StormShed,MGS Flood,MS Excel and/or other hydrologic and hydraulic software shall be utilized for drainage design. o AGI32 software shall be used for illumination design. o MS Excel shall be utilized for spreadsheets. o MS Word shall be utilized for word processing. o MS Project shall be utilized for scheduling. o MS PowerPoint shall be utilized for presentations. o AutoTurn for AutoCAD 2018 shall be utilized to evaluate vehicle turning movements. o ESRI ArcGIS products shall be used for the processing and presentation of geospatial information. Key Project Milestones Key Project Milestone Estimated Completion Date NTP October 2020 Basis of Design Summary Memorandum January 2021 Screening Criteria Memo January 2021 Draft Alternatives Analysis and Evaluation Report Submittal March 2021 Preferred Alternative Selection May 2021 Pre-Final Alternatives Analysis and May 2021 Evaluation Report Submittal Final Alternatives Analysis and Evaluation Report Submittal June 2021 KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page S of 24 WORK TASKS 1. Project Management and Administration KPFF shall prepare monthly progress reports,invoices,and other project documents.KPFF shall provide project administration and coordination with the CITY and the KPFF team to facilitate efficient progress and timely completion of design tasks. 1.1. PROJECT TEAM MANAGEMENT AND COORDINATION KPFF shall have ongoing responsibility to ensure the team is updated on necessary project tasks and has the required information to complete them.This shall include developing the draft of the subconsultant agreement,having each firm's management review the agreement,and then issuing and executing the final agreement. 1.2. INTERNAL PROJECT TEAM MEETING ORGANIZATION KPFF shall participate in periodic internal team meetings (1Y2 hours in length) to review the progress of the project and discuss technical and project management issues.The meetings shall be held at the KPFF Spokane office or via web-based conferencing,and shall be attended by the KPFF team as needed for discussion of the task items.For the basis of this scope of work,the assumed attendance is as follows: • Prime Design Consultant—KPFF Consulting Engineers (6) • Structural Engineering—KPFF Consulting Engineers (6) • Civil Engineering—KPFF Consulting Engineers (6) • Geotechnical Engineering—Budinger&Associates (2) • Land Surveying—KPFF Consulting Engineers (4) • Environmental Permitting Services—Widener&Associates (2) 1.3.PROJECT SCHEDULE KPFF shall prepare a schedule in Microsoft Project.Schedule updates shall be submitted monthly to the CITY as part of the invoice package. 1.4. RISK MANAGEMENT PLAN KPFF shall collaborate with the CITY to prepare a preliminary risk register for the project.For each identified risk,the risk register shall contain: • A description of the risk • The impact should this event actually occur • The probability of its occurrence • A summary of the mitigation(the actions taken in advance to reduce the probability and/or impact of the event) KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 9 of 24 1.5. PROJECT COORDINATION MEETINGS KPFF shall participate in periodic team meetings (2 hours in length)with CITY staff to review the progress of the project and discuss technical and project management issues.The meetings shall be held at the CITY office,KPFF Spokane office,or via web-based conferencing,and shall be attended by the CITY,KPFF project manager,key stakeholders,and key members of the KPFF team as needed for discussion of the task items.For the basis of this scope of work,the assumed attendance is as follows: • Prime Design KPFF-KPFF Consulting Engineers (6) • Structural Engineering-KPFF Consulting Engineers (6) • Civil Engineering-KPFF Consulting Engineers (6) • Geotechnical Engineering-Budinger&Associates (0) • Land Surveying-KPFF Consulting Engineers (2) • Environmental Permitting Services-Widener&Associates (2) 1.6. MONTHLY PROGRESS REPORTS AND INVOICES KPFF shall prepare and submit a monthly progress report to the CITY by a mutually agreed date. Monthly progress reports shall include: • A brief narrative of work completed for the prior month for each KPFF task/subtask • A brief narrative of work expected to be completed during the next month for each KPFF task/subtask • Identification of any tasks/subtasks that are delayed or determined to be at-risk and a summary of a recovery plan,dependencies,and project impacts • Decisions/Issues/Changes Log,updated monthly(tracking project decisions) • Action Items Log,updated monthly(tracking actions,results and impacts to scope, schedule,and budget) DELIVERABLES • Project schedule updates (6) • Initial and updated Risk Register • Progress reports (6) • Risk Assessment Workshop • Meeting agendas and notes: o Risk Workshop—one (1)maximum o Project coordination meetings—six(6) maximum KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 10 of 24 2. Existing Data Research 2.1.GATHER AND REVIEW EXISTING INFORMATION KPFF shall review existing information and data that relate to or could affect the Sullivan Road/SR290 Interchange Reconstruction project to identify issues that may have implications for type,size,and location and for future project coordination.The effort shall focus on critical criteria.The partial list below is to determine the level of effort for this task.KPFF shall review additional documents when identified.Materials to include: • WSDOT SR290 studies or plans • WSDOT as-builts for camera,signage,and ITS facilities • WSDOT ROW documents • Spokane Valley Bicycle Master Plan • Geotechnical studies • Utility maps • ROW research • Stormwater planning documents 3. Base Mapping and Topographic Survey KPFF shall perform a topographic survey and prepare a basemap. 3.1 PROJECT MANAGEMENT KPFF shall prepare a project budget and manage the Professional Services Agreement between KPFF and the City. All tasks and staff for survey services shall be managed by KPFF. It is the responsibility of KPFF to communicate with the City regarding survey issues,costs,and schedule. KPFF shall apply for DOT right of way permits as well as BNSF permits and training. 3.2.RECORDS RESEARCH Research of existing records(plats,legal descriptions,records of survey,right-of-way documents)shall be furnished by KPFF. KPFF will acquire title reports. KPFF shall have sufficient research,in combination with the found monumentation to establish the control,right-of-way,and abutting parcels. 3.3.HORIZONTAL AND VERTICAL CONTROL The datum for horizontal control shall be done using Washington State Plane Coordinates(North Zone expressed in US Survey feet)NAD 83/91. The datum for the vertical control shall be NAVD 88. Sufficient control points will be added throughout the project limits to ensure that all points within the right-of-way can be mapped. KPFF shall tie into at least two (2)existing horizontal and vertical control points in order to establish the horizontal and vertical datums. KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 11 of 24 3.4.TOPOGRAPHIC SURVEY KPFF shall perform a field topographic survey to identify existing surface conditions within the limits of the project described above. This shall be done using electronic surveying equipment and a one-person crew and/or two-person crew. It is the responsibility of KPFF to ensure that the work performed is done so in a safe manner that does not endanger the workers or pedestrian and vehicular traffic. It is assumed that no traffic control will be necessary for this project,KPFF has included funds to obtain traffic control if it is deemed necessary to complete the work.The limits of survey is depicted on attached Exhibit A(page 24). All rights of entry agreements required to perform the work will be secured by the City prior to the survey.At a minimum,the following surface features shall be mapped in the topographic survey: • Curbs • Sidewalks • Pavement • Driveways • Retaining walls • Storm drainage structures(including type of structure,invert elevation and direction,and rim elevation) • Sanitary sewer structures(including type of structure,invert elevation and direction,and rim elevation) • Water utilities(valves,hydrants,blowoffs,etc.) • Visible irrigation boxes and heads • Power structures,poles,guys,and lines(for aerial lines,show horizontal location for all lines on pole) • Natural gas valves,lines,and blowoffs • Telephone lines and structures • Cable lines and structures • Traffic signal and street lighting poles,conduit,and junction boxes • Signage • Channelization(striping,including parking lot areas) • Visible existing survey markers • Vegetation(list trunk diameter and type for trees) • Building structures • Fences • Mailboxes • Bollards KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 12 of 24 • Railroad grades • Bridge abutments 3.5.BASEMAP PREPARATION KPFF shall prepare a basemap in electronic format. It shall be completed using the vertical and horizontal control listed under Task 3.3. Units for the basemap shall be in feet. This basemap shall include all surface features listed above, catch basin rims and invert elevations,a TIN Surface depicting one-foot contours,right-of-way lines,parcel lines,and parcel information (property owner name,address,parcel number). Break lines shall be provided for all pertinent sections (at a minimum these shall include crown, flow line,curb,and any other vertical faces). The TIN shall include these break lines. All layers, blocks,text styles,point styles,and line types shall be derived from KPFF drawing standards. Point descriptions will follow consultants point coding and a detailed list of codes will be provided to the City. At a minimum,a narrative explaining how the horizontal control was established will be included in the basemap. This shall include a description of the monuments and the basis for bearing. KPFF will prepare a right of way basemap depicting the existing right of way and adjacent properties. KPFF will analyze title reports and plot easements on adjacent properties where it is determined necessary. Deliverables will be an AutoCAD basemap in 2018 format or newer,the surface file shall be a Civil 3D surface. ASSUMPTIONS • KPFF will be allowed unrestricted access to site during course of project. • City will provide any record utility information within the project limits. • Potholing utilities is not part of this scope. Should potholing be necessary to complete design, KPFF can provide a fee proposal for coordinating and locating utility potholes. Potholing for the shoring design will be coordinated by others. • Underground utilities will be mapped based on locates painted on the ground,these locates are limited to conductible utilities only,ground penetrating radar will not be utilized for this project.Utilities may exist that are not conductible,in this case KPFF will show surface features and supplement with record data provided by the City. • Underground utilities will be shown based on best available information and utility locates. Pipe sizes and types will be shown only where record information is available,or where access for measurement is available,such as sanitary sewer and storm structures. • Title report costs are an estimate only,KPFF will submit title company invoices to the City for reimbursement • Title reports will be for informational purposes only,title insurance is not part of the title report cost. KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 13 of 24 • Title report fee does not account for date downs or updates throughout the project,additional title company expense generated by purchases and sales of properties will be billed at cost • Fee given does not include meetings. DELIVERABLES • AutoCAD basemap in 2018 format or newer;the surface file shall be a Civil 3D surface • AutoCAD basefile in 2018 format or later and PDF copies of the right-of-way plans • Exhibit maps and legal descriptions in PDF format;final easement documents shall be prepared and recorded by the right-of-way consultant 4. BNSF Coordination and Submittals KPFF shall prepare limited submittals for BNSF Railway review in accordance with the Union Pacific Railroad—BNSF Railway Guidelines for Railroad Grade Separation Projects as part of this initial agreement.If additional submittals are necessary,they shall be included in Phase 2. 4.1.PREPARE TEMPORARY OCCUPANCY APPLICATION AND SAFETY PLAN KPFF shall prepare a BNSF Temporary Occupancy Application and Safety Plan for permission to survey and perform environmental and geotechnical fieldwork within the BNSF right-of-way.The agreement shall specify BNSF requirements that must be met to conduct fieldwork within the BNSF right-of-way. This shall also include limited coordination with BNSF by KPFF. 4.2.OBTAIN AS-BUILT TRACK PLANS KPFF shall contact BNSF and request existing track plans for the project vicinity so they are available during project design. ASSUMPTIONS • KPFF shall prepare the BNSF Temporary Occupancy Application&Safety Plan and submit it to BNSF. • KPFF shall be responsible for the$800 non-refundable processing fee. DELIVERABLES • One (1)Application for Temporary Occupancy as a PDF 5. Geotechnical Research and Recommendations Budinger&Associates shall develop preliminary geotechnical recommendations for use in the analysis of the approach alignments and structure alternatives.The geotechnical recommendations shall use available information and professional judgment to support alignment and structure alternatives. KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 14 of 24 ASSUMPTIONS • It is assumed that the quality and quantity of existing information is adequate to develop preliminary geotechnical recommendations. • It is also assumed that the need for field exploration,such as borings,can be delayed until the next phase of the project. 5.1.RESEARCH,COMPILATION,AND REVIEW OF HISTORICAL SUBSURFACE DATA Budinger shall review readily available geologic maps and publicly available subsurface information for assessment of subsurface soil and groundwater conditions,geologic hazards,and preliminary foundation design.Based on the results of the review,a site investigation program to support the final design shall be recommended to the project team. 5.2.PRELIMINARY ENGINEERING ANALYSIS Using the compiled subsurface information,Budinger shall conduct engineering analysis to evaluate soil design parameters for the bridge foundations. This includes: • Evaluation of subsurface soil and groundwater conditions;subsurface cross-sections not included • Screening level identification of seismic geologic hazards,including liquefaction and nearby crustal faults • Seismic design parameters per the American Association of State Highway and Transportation Officials (AASHTO) • Feasible foundation type • Preliminary bridge foundation design recommendations in accordance with AASHTO Load and Resistance Factor Design(LRFD) standards,including bearing resistance and lateral earth pressure load and resistance • Recommendations for additional site exploration and analyses for foundations and site retaining walls (if any) • Feasibility of subsurface infiltration systems,including bioretention ponds,based on research of soil types and depth to groundwater • Recommendations for additional site explorations and analyses for stormwater drainage • Other site issues,such as drainage,utilities,and fill materials,if necessary 5.3.PRELIMINARY GEOTECHNICAL MEMORANDUM Budinger shall prepare a draft and final preliminary geotechnical memorandum to document the findings and recommendations. KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 15 of 24 5.4.DESIGN SUPPORT Budinger shall provide ongoing design support,as necessary. ASSUMPTIONS • Pavement subgrade analysis and thickness designs to be completed by WSDOT for WSDOT infrastructure • COSV anticipated to match existing pavement sections or complete their own pavement thickness evaluations for COSV infrastructure • Anticipated structural loads and retaining wall parameters(heights,surcharges,and crest or toe slopes)to be provided • Estimated soil cut and embankment fill thicknesses and approximate locations to be provided DELIVERABLES • Draft preliminary geotechnical report • Final preliminary geotechnical report 6. Basis of Design KPFF shall develop a document defining the basis for the design of the project.KPFF shall prepare a WSDOT Basis of Design(BOD)form,which shall include general project information,project needs, context,and design controls.This Basis of Design shall form the foundation for the development of project alternatives and the final design of the preferred alternative. An initial draft of the Basis of Design shall be prepared early in the process and circulated to WSDOT and the CITY for review.Comments from the review shall be updated in the document and communicated to the project team.This form shall be finalized and included in the design report. 6.1.REGULATORY PARAMETERS KPFF shall determine the regulatory parameters that shall be used for the design of the project. Items include: • Zoning,land use,and other planning documents • State and regional design guidelines • CITY zoning and design standards • WSDOT's Local Agency Guidelines(LAG) Manual,June 2020 • AASHTO's "A Policy on Geometric Design of Highways and Streets" 6th Edition,2011 • AASHTO Roadside Design Guide,4th Edition 2012 • AASHTO Load Resistance Factor Design(LRFD) Bridge Design Specifications,9th Edition 2020 • AASHTO Guide Specifications for LRFD Seismic Bridge Design,2nd Edition,2011. KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 16 of 24 • AREMA Manual for Railway Engineering,2019 • Manual of Uniform Traffic Control Devices (MUTCD),2009,with Revisions 1 and 2,May 2012 • WSDOT Design Manual,December 2019 • WSDOT Highway Runoff Manual,April 2019 • WSDOT Hydraulic Manual,April 2019 • WSDOT Bridge Design Manual LRFD,July 2019 • WSDOT Geotechnical Design Manual,July 2019 • WSDOT Temporary Erosion and Sediment Control Manual,May 2019 • Spokane Regional Stormwater Manual,April 2008 • Ecology's Stormwater Management Manual for Eastern Washington,2019 • WSDOT Standard Plans • WSDOT Standard Specifications • Union Pacific Railroad—BNSF Railway Guidelines for Railroad Grade Separation Projects, May,2016 • Bridge and structures codes,advisories,and references • Pedestrian and bicycle design guidelines • Accessibility requirements • WSDOT Right-of-Way Manual • Spokane Regional Stormwater Manual and WSDOT Highway Manual • Wetland regulations • Environmentally critical areas regulations DELIVERABLES • Technical memorandum summary of regulatory parameters that shall influence type,size, and location,including opportunities and constraints 6.2.SITE CONTEXT OPPORTUNITIES AND CONSTRAINTS KPFF shall define the site opportunities and constraints that shall determine the location of the facilities for the project. • Horizontal and vertical clearance requirements • Right-of-way and limited access lines • Urban design character and planning influences (such as existing and planned land uses) • Land use opportunities • Identification of context opportunities and constraints: KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 17 of 24 o Neighborhood character and connectivity o Preliminary environmental considerations (water connections,soil,and habitat) o Environmental constraints DELIVERABLES • Memorandum of site context opportunities that shall influence type,size,and location, including opportunities and constraints.KPFF shall provide a draft and final diagram identifying opportunities and challenges to bicycle and pedestrian connectivity. 6.3.BASIS OF DESIGN DISCUSSION KPFF shall conduct a workshop with the CITY and key stakeholders to discuss the Basis of Design assumptions with the objective of confirming and prioritizing design goals,objectives,criteria,and assumptions. 6.3.1.Workshop KPFF shall conduct one (1)workshop with the CITY and WSDOT to discuss assumptions for the Basis of Design.The workshop shall be included as one of the meetings identified in Section 1.6. 6.3.2.Stakeholder Meetings KPFF shall attend and participate in meetings with key stakeholders,identified through the stakeholder analysis process,to discuss assumptions for the Basis of Design.These meetings shall be included in the meetings identified in Section 11.4. DELIVERABLES • Workshop and meeting agendas • Workshop and meeting minutes 6.4.BASIS OF DESIGN DOCUMENT A document describing the Basis of Design for the project shall be created.The BOD shall meet the requirements of the WSDOT Design Manual Section 1100.10(1).The BOD will include the following information: • Planning Document Summary • General Project Information • Project Needs • Context • Design Controls • Alternative Analysis • Design Element Selection KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 18 of 24 ASSUMPTION • Basis of Design to be approved by the City and WSDOT DELIVERABLES • Draft Basis of Design Form(dated June 2020) • Responses to CITY review comments for the Basis of Design • Final Basis of Design document 7. Right-of-Way Services DCI shall provide right-of-way cost estimates for design alternatives in Phase 1. ASSUMPTIONS • All efforts shall conform to local,state,and federal regulations. • All forms used shall be WSDOT-approved from the LAG Manual. • No acquisition activities shalf be performed in Phase 1. • Cost estimations shall be derived from the MLS,Zillow,and LoopNet data. DELIVERABLES • Conceptual right-of-way cost estimates for design alternatives • Preliminary right-of-way cost estimates for preferred alternative 8.Alternatives Analysis and Evaluation KPFF shall develop alignment,approach,and bridge alternatives supported by the Basis of Design. The alternative analysis and evaluation process shall have the following three development steps: • Step I:Screening Parameters • Step II:Alignment and Approach Alternatives 8.1.STEP I:SCREENING PARAMETERS KPFF shall work with the CITY to establish the screening parameters that shall be used to assess and rank the various alternatives for the project.Screening parameters shall be defined for each of the major components of the project,including the alignment,approaches,and bridge structure. Alternatives shall be evaluated by a two-level screening process.The screening matrix shall be used to narrow the alternatives from a select set of intersection/interchange options to a final preferred alternative selection.The matrix shall remain the same to provide a consistent measurement tool, as the alternatives are refined to meet the goals and objectives defined by the screening process. DELIVERABLES • Draft screening matrix to be used for the evaluation of the alignment,approaches,and bridge alternatives • Final screening matrix KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 19 of 24 8.2.STEP II:ALIGNMENT AND APPROACH ALTERNATIVES For each alternative,horizontal and vertical alignments shall be approximated for comparison. Conceptual channelization plans shall be prepared,and approximate bridge location and orientation shall be established for determining bridge type and size.Constructability and maintenance of traffic challenges shall be identified for each alternative. KPFF shall work with the CITY to develop up to five (5)alignment and approach alternatives.Preliminary concepts for each alignment and approach shall address the following elements: • Horizontal alignments • Curb lines • Channelization • Pedestrian and bicycle facilities • Vertical alignments • Right-of-way needs • Utility impacts • Preliminary stormwater management assessment • Maintenance of traffic strategy o Non-motorized connectivity opportunities o Truck and vehicle access o Environmental impacts The intersection/interchange alternatives to be studied may include but are not limited to: • Standard diamond interchange with signalized intersections for on&off ramps • Diamond interchange with roundabouts for on&off ramps • Single-point urban interchange • Diverging diamond interchange • Center turn overpass ASSUMPTIONS • Five(5) intersection/interchange alternatives shall be developed by KPFF. • All five alternatives will be used in the Basis of Design(BOD) DELIVERABLES • Schematic-level alternatives alignment and approach plan and profile sketched over basemap aerial • Five (5) intersection/interchange alternatives shall be prepared on 11"x17"sheets and submitted to the CITY(PDF). KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 20 of 24 8.3.STEP III:BRIDGE ALTERNATIVES With the bridge location information and alignment analysis,KPFF shall develop bridge spans, widths,and types for comparison.KPFF shall work with the CITY to develop bridge alternatives for the five (5) alignments. Identify and research alternative bridge types in context with: • Cost • Constructability DELIVERABLES • Alternative bridge types with preliminary evaluation 8.4.ALTERNATIVES ESTIMATED PROJECT COSTS KPFF shall develop conceptual costs for the components included in the alternatives analysis.This shall include a conceptual level cost estimate for the entire project that would consider items of significance,including constructability issues,traffic control,utility relocation,temporary roadways,etc.Major cost items,such as HMA,concrete,and earthwork,shall be quantified using the CAD layouts and models for each alternative.Unit prices shall be based on the WSDOT Unit Bid Analysis. Some items—such as drainage,signing and pavement marking,mobilization,etc.—shall be estimated as a percentage of the construction cost.Cost estimates shall be developed with present worth prices.The estimates shall also include a reasonable contingency,since the project at this point shall only be at the conceptual stage. ASSUMPTIONS • Alternative costs for bridges shall be based on structure costs per square foot from WSDOT's Bridge Design Manual,with necessary engineering judgment documented. • Roadway costs shall be based on the WSDOT Unit Bid Analysis for key quantifiable items and shall use a percentage-based approach for unknown items. DELIVERABLES • Conceptual construction cost estimates for Level 2 Screening in MS Excel 9. Inclusive Outreach and Public Engagement 9.1.COMMUNITY/STAKEHOLDER DATABASE KPFF shall create a database of businesses,community organizations,and interest groups that have an interest in the project.New contacts shall be forwarded to KPFF,which shall then be responsible for updating the database to include new contacts and project interaction. 9.2.COMMUNICATIONS PLAN KPFF shall support CITY efforts to prepare a communications and outreach plan that outlines all communications tasks,roles,and responsibilities;external and internal stakeholders;target KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 21 of 24 audiences; coordination with major institutions; and media relations for the outreach effort during alternative analysis and design. 9.3.CITY COUNCIL BRIEFINGS The KPFF project manager shall attend up to two(2) CITY Council meetings as part of this project at an appropriate milestone to report progress to the Council and to support CITY staff representatives.This milestone shall likely be after the project team develops the alternatives to be evaluated or after a preferred alternative has been selected.Preparation for the CITY Council meetings shall include developing graphics and a Microsoft PowerPoint presentation. 9.4.STAKEHOLDER BRIEFINGS AND PRESENTATIONS TO COMMUNITY ORGANIZATIONS In coordination with the CITY,KPFF shall ensure the area's community and neighborhood groups, businesses,nearby neighbors,and other stakeholders—identified in the CITY communication plan—are informed about the scope of the project,schedule,and opportunities for input. KPFF shall schedule up to eight(8)stakeholder briefings.KPFF shall support CITY efforts to ensure that specific needs and concerns of stakeholders are documented and well understood.Attendance of the stakeholder and presentations briefings shall be limited to up to two (2) members of the KPFF team. 9.5.OPEN HOUSE KPFF shall coordinate one (1)public open house during Phase 1 for the public to meet the project team,learn about the project,raise issues to be addressed,and provide feedback.Tasks include: • Development of a formal invite • Development of up to 10 display boards • Arranging the venue and staffing the event • Preparing a report summarizing the open house CITY RESPONSIBILITIES • Prepare,print,and mail postcards to the public and identified stakeholders • Provide a facility for the public open house • Advertise the public open house in the newspaper • Send open house notifications to local civic organizations • Provide refreshments,if desired • Attend public open house • Include public open house dates in the CITY newsletter and on the CITY website(if one is developed for the project) ASSUMPTIONS • Public open house shall last for five(5)hours,including setup and takedown. KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 22 of 24 • Up to five(5) KPFF team members shall attend the open house. • Public meeting displays shall be printed and mounted by the CITY. 9.6.PROJECT COMMUNICATION MATERIALS KPFF shall assist the City in the design and draft of content,and shall coordinate review for the following external materials (including updates): • Project fact sheet • Frequently Asked Questions(FAQ)document • Project folio/brochure • Content and graphics for the project website ASSUMPTIONS • The CITY shall conduct meetings with stakeholders and citizen action committees,such as the Chamber of Commerce,bicycle and pedestrian groups,and other applicable stakeholders. • The CITY shall send invitations to public meetings and project-related events. • The CITY shall be responsible for any press releases that are issued related to the project. • The CITY shall be responsible for developing and updating a project website if one is created for the project.KPFF shall provide necessary information to the CITY,and the CITY shall maintain the website.The CITY shall provide KPFF with any feedback from stakeholders'and community members'use of the website. • The CITY shall be responsible for developing and distributing Fact and Frequently Asked Questions sheets,if they shall be prepared for the project.KPFF shall provide necessary information to the CITY so that the CITY can publish and distribute this information. 10. Environmental Services and Permitting Strategy Widener&Associates shall assist the CITY in the preparation of a permit matrix for the initial phase of this project. 10.1.PERMIT IDENTIFICATION Widener&Associates shall work with the CITY to identify all required local,regional,and state permits for each alternative.Widener shall prepare a matrix of permits and approvals.The matrix shall list the permitting/approval authority,submittal requirements,estimated time required to process the permit/approval,and other relevant information. DELIVERABLES • Permitting matrix KPFF September24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 23 of 24 11.Alternative Analysis and Evaluation Report KPFF shall prepare a report summarizing the alternative analysis and evaluation. 11.1.REPORT FORMAT The report shall have the following key sections: • Cover,Title Sheet,and Index • Executive Summary • Introduction • Project Description • Basis of Design • Inclusive Outreach and Public Engagement • Conceptual Studies o Environmental Permitting o Bicycle/Pedestrian Compatibility o Alignment o Right-of-Way o Stormwater o Utilities o Structure Types o Illumination and Signage o Cost Estimates (PE,Right-of-Way,Inspection,Construction) • Appendices o Photographs o Workshop Meeting Minutes o Technical Memorandums DELIVERABLES • Draft Alternative Analysis and Evaluation Report • Final Alternative Analysis and Evaluation Report with responses to CITY review comments to draft report. KPFF September 24,2020 EXHIBIT A CITY of Spokane Valley—Sullivan Road/State Route 290 Phase 1:Alternative Analysis and Evaluation SOW Page 24 of 24 Exhibit A: . = '; '� _ _ a II . - i f . ,... 4 ,. s, ,... . 7''i.. . _ , II t _ _ i ,,,, I I. 6 . : _..- . , 1. #': I, j.,%.,:lin .! 11=. 0 4,__ - ,,. 1----� RI utiWFlSN_.__ M.JP...• O. rr.r i:e . l 0 li ii r rl: . ,, , ., , f , .i it - - • -�S. , �. \ 0,,--.„ II a • , I. i _ 5.. Ai • are. .. •: KPFF September 24,2020 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: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data See Exhibit A, Scope of Work. B. Roadway Design Files See Exhibit A, Scope of Work. C. Computer Aided Drafting Files See Exhibit A, Scope of Work. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 D. Specify the Agency's Right to Review Product with the Consultant See Exhibit A, Scope of Work. E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A, Scope of Work. F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A, Scope of Work. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 IL Any Other Electronic Files to Be Provided See Exhibit A, Scope of Work. M. Methods to Electronically Exchange Data Email and/or FTP. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 A. Agency Software Suite See Exhibit A, Scope of Work. B. Electronic Messaging System Email and/or FTP. C. File Transfers Format See Exhibit A, Scope of Work. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit D Prime Consultant Cost Computations See Exhibit D-1, Consultant Fee Summary. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s)entitled "Exhibit D-1—Consultant Fee Summary"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.spokanevalley.org to complete a Public Record Request to receive a copy of this record. Exhibit E Sub-consultant Cost Computations 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. See Exhibit E, Consultant Fee Summary. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s)entitled "Exhibit E-1—Consultant Fee Summary" 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.spokanevalley.org to complete a Public Record Request to receive a copy of this record. DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s)entitled "Exhibit E-2—Consultant Fee Summary" 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.spokanevalley.org to complete a Public Record Request to receive a copy of this record. DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s)entitled "Exhibit E-3—Consultant Fee Summary" 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.spokanevalley.org to complete a Public Record Request to receive a copy of this record. 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF, Inc. whose address is 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 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(ifany); I acknowledge that this certificate is to be furnished to the City of Spokane Valley 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. KPFF, Inc. Consultant(Firm Name) Da,frA NIA74014/42&,,, 9/24/2020 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: • City Manager ❑ Other of the City of Spokane Valley , and the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or 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 Washington State Department of Transportation 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. 1A eACIO. - to 6 2020 Signature Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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; an D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. KPFF, Inc. Consultant(Firm Name) 9/24/2020 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract,grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which'reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. KPFF, Inc. Consultant(Firm Name) LuCYIC MA:4614/422xp, 9/24/2020 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Sullivan Road/State Route 290 Interchange Reconstruction * are accurate, complete, and current as of 9/22/2020 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF, Inc. Ducik ' ' " 9/24/2020 Signature Title Date of Execution 9/24/2020 ***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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 theAgency'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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 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 Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Client#: 25326 KPFFINCO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)9/24/2020 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Katie Kresner Greyling Ins.Brokerage/EPIC PHONE 770.552.4225 FAX 866.550.4082 (A/C,No,Ext): (A/C,No): 3780 Mansell Road,Suite 370 E-MAIL Katie.Kresner In com ADDRESS: �gre y ig' Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:The Continental Insurance Company 35289 KPFF,Inc. INSURER C:New Hampshire Ins.Co. 23841 1601 5th Ave INSURER D:Allied World Surplus Lines Ins 24319 Suite 1600 INSURER E: Seattle,WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 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 INSR WVD POLICY NUMBER (MM/DD//YYYYFY) (MMIDDY/YYXYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 5268336 04/01/2020 04/01/2021 EACH OCCURRENCE $1,000,000• PREM CLAIMS-MADE X OCCUR (Ea occuRence) $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 9775930 04/01/2020 04/01/2021 FEe eBGNdEeD SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED AUTOS ONLY AUTOS • BODILY INJURY(Per accident) $ - HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 6050399824 04/01/2020 04/01/2021 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$U $ C WORKERS COMPENSATION 022298245(AOS) 04/01/2020 04/01/2021 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY A ANY OFFICER/MEMBERUDED?ECUTIVE YN N/A 022298244(CA) EL EACH ACCIDENT $1,000,000 (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 D Professional/ 03120067 10/10/2019 10/10/2020 Per Claim$10,000,000 Pollution Aggregate$10,000,000 Liability Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Sullivan Road/State Route 290. City of Spokane Valley is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation&professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary&non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane,WA 99206 AUTHORIZED REPRESENTATIVE 126(..(may.., ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #52387934/M2256656 KKRE1 DESCRIPTIONS (Continued from Page 1) SAGITTA 25.3(2016/03) 2 of 2 #S2387934/M2256656 POLICY NUMBER:5268336 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to or "property damage" occurring after: include as an additional insured the person(s) or 1. All work, including materials, parts or organization(s) shown in the Schedule, but only equipment furnished in connection with such with respect to liability for "bodily injury", work, on the project (other than service, "property damage" or "personal and advertising maintenance or repairs) to be performed by injury" caused, in whole or in part, by: or on behalf of the additional insured(s) at 1. Your acts or omissions; or the location of the covered operations has been completed; or 2. The acts or omissions of those acting on your behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insured(s) at the location(s) organization other than another contractor or designated above. subcontractor engaged in performing However: operations for a principal as a part of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these by law; and additional insureds, the following is added to 2. If coverage provided to the additional Section III Limits Of Insurance: insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement, the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement; or insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional exclusions apply: whichever is less. This insurance does not apply to "bodily injury" This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 5268336 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you Per the contract or agreement. become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage"caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 37 04 13 El Client#: 25326 KPFFINCO DATE(MM/DD/YYYY) ACORD„ CERTIFICATE OF LIABILITY INSURANCE 9/24/2020 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Katie Kresner Greyling Ins. Brokerage/EPIC PHOIC,N 770.552.4225 FAX (A/C,Na): 866.550.4082 (ANEo,Ext): 3780 Mansell Road, Suite 370 AE-MAIESS: �9re Katie.Kresner In com DDR y ig• Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:The Continental Insurance Company 35289 KPFF, Inc. INSURER C New: Hampshire Ins.CO. 23841 1601 5th Ave Allied World Sur lus Lines Ins 24319 INSURER D: P Suite 1600 INSURER E: Seattle,WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 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 EFF POLICY EXP/Y LIMITS LTR INSR WVD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 5268336 04/01/2020 04/01/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(plr rrence) $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- PRODUCTS-COMP/OP AGG $Z 00O 000 POLICY X JECT LOC , , OTHER: $ A AUTOMOBILE LIABILITY 9775930 04/01/2020 04/01/2021 COMaacBcideINED nt)SINGLE LIMIT $2,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ PRO X AUTOS ONLY X AUTOS ONLDY (PeraEcciRdentDAMAGE $ B x UMBRELLA LIAB X OCCUR 6050399824 04/01/2020 04/01/2021 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$O $ C WORKERS COMPENSATION 022298245(AOS) 04/01/2020 04/01/2021 X STATUTE OTH AND EMPLOYERS'LIABILITYFR A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 022298244(CA) 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 D Professional/ 03120067 10/10/2019 10/10/2020 Per Claim$10,000,000 Pollution Aggregate$10,000,000 Liability Deductible 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Sullivan Road/State Route 290. City of Spokane Valley is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City Of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2387934/M2256656 KKRE1 DESCRIPTIONS (Continued from Page 1) SAGITTA 25.3(2016/03) 2 of 2 #S2387934/M2256656 POLICY NUMBER:5268336 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to or "property damage" occurring after: include as an additional insured the person(s) or 1. All work, including materials, parts or organization(s) shown in the Schedule, but only equipment furnished in connection with such with respect to liability for "bodily injury", work, on the project (other than service, "property damage" or "personal and advertising maintenance or repairs) to be performed by injury" caused, in whole or in part, by: or on behalf of the additional insured(s) at 1. Your acts or omissions; or the location of the covered operations has been completed; or 2. The acts or omissions of those acting on your behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insured(s) at the location(s) organization other than another contractor or designated above. subcontractor engaged in performing However: operations for a principal as a part of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these by law; and additional insureds, the following is added to 2. If coverage provided to the additional Section III Limits Of Insurance: insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement, the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement; or insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional exclusions a PP y:I whichever is less. This insurance does not apply to "bodily injury" This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ❑ CG 20 10 04 13 4 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 5268336 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you Per the contract or agreement. become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage" caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©ISO Properties, Inc.,2004 CG 20 37 0413 0 SAM Search Results List of records matching your search for : Search Term : KPFF* Record Status: Active ENTITY KPFF, INC. Status: Active DUNS: 193942687 +4: CAGE Code: 5FWQ3 DoDAAC: Expiration Date: 12/17/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 700 S FLOWER ST STE 2100 City: LOS ANGELES State/Province: CALIFORNIA ZIP Code: 90017-4208 Country: UNITED STATES ENTITY KPFF, Inc. Status: Active DUNS: 042477729 +4: CAGE Code: 0EH23 DoDAAC: Expiration Date: 02/04/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1601 5th Ave Ste 1600 City: Seattle State/Province: WASHINGTON ZIP Code: 98101-3665 Country: UNITED STATES ENTITY KPFF, INC. Status: Active DUNS: 068772284 +4: CAGE Code: 1MRR1 DoDAAC: Expiration Date: 01/07/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 111 SW 5TH AVE STE 2500 City: PORTLAND State/Province: OREGON ZIP Code: 97204-3628 Country: UNITED STATES ENTITY KPFF, INC. Status: Active DUNS: 140111407 +4: CAGE Code: 30HR1 DoDAAC: Expiration Date: 11/17/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1630 DES PERES RD STE 100 City: SAINT LOUIS State/Province: MISSOURI ZIP Code: 63131-1868 Country: UNITED STATES September 25,2020 12:41 PM https://www.sam.gov Page 1 of 2 ENTITY KPFF, INC. Status: Active DUNS: 165735262 +4: CAGE Code: 7MFN1 DoDAAC: Expiration Date: 08/19/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2250 DOUGLAS BLVD STE 200 City: ROSEVILLE State/Province: CALIFORNIA ZIP Code: 95661-4207 Country: UNITED STATES ENTITY ZGF/AEI/KPFF Joint Venture Status: Active DUNS: 078736333 +4: CAGE Code: 6WBC7 DoDAAC: Expiration Date: 06/26/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1223 SW Washington St Ste 200 City: Portland State/Province: OREGON ZIP Code: 97205-2360 Country: UNITED STATES September 25,2020 12:41 PM https://www.sam.gov Page 2 of 2 Dmjfou$;!36437LQGGJODP EBUF!)NN0EE0ZZZZ* BDPSE UN DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 403403132 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!boz!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS Lbujf!Lsftofs OBNF; GBY QIPOF Hsfzmjoh!Jot/!Csplfsbhf0FQJD 881/331/87:6977/661/5193 )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM 4891!Nbotfmm!Spbe-!Tvjuf!481 Lbujf/LsftofsAhsfzmjoh/dpn BEESFTT; Bmqibsfuub-!HB!!41133 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Obujpobm!Vojpo!Gjsf!Jot/!Dp/2:556 JOTVSFS!B!; JOTVSFE Uif!Dpoujofoubm!Jotvsbodf!Dpnqboz 4639: JOTVSFS!C!; LQGG-!Jod/ Ofx!Ibnqtijsf!Jot/!Dp/34952 JOTVSFS!D!; 2712!6ui!Bwf Bmmjfe!Xpsme!Tvsqmvt!Mjoft!Jot 3542: JOTVSFS!E!; Tvjuf!2711 JOTVSFS!F!; Tfbuumf-!XB!!:9212 JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; 32.33 UIJT!!JT!!UP!!DFSUJGZ!!UIBU!!UIF!!QPMJDJFT!!PG!!JOTVSBODF!!MJTUFE!!CFMPX!!IBWF!CFFO!JTTVFE!!UP!UIF!!JOTVSFE!!OBNFE!BCPWF!!GPS!UIF!!QPMJDZ!QFSJPE JOEJDBUFE/!!!OPUXJUITUBOEJOH!!BOZ!!!SFRVJSFNFOU-!!UFSN!!PS!!DPOEJUJPO!PG!!BOZ!!DPOUSBDU!PS!!PUIFS!!EPDVNFOU!!XJUI!!SFTQFDU!!UP!!XIJDI!!UIJT DFSUJGJDBUF!!NBZ!!CF!!JTTVFE!!PS!!NBZ!!QFSUBJO-!!!UIF!!JOTVSBODF!!BGGPSEFE!!CZ!!UIF!!QPMJDJFT!!EFTDSJCFE!!IFSFJO!!JT!!TVCKFDU!!UP!!BMM!!UIF!!UFSNT- FYDMVTJPOT!!BOE!!DPOEJUJPOT!!PG!!TVDI!!QPMJDJFT/!!!MJNJUT!!TIPXO!!NBZ!!IBWF!!CFFO!!SFEVDFE!!CZ!!QBJE!!DMBJNT/ JOTSBEEMTVCSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTSXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% BYHM6379447150120313215012031332-111-111 EBNBHF!UP!SFOUFE % Y611-111 DMBJNT.NBEFPDDVS QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% 36-111 QFSTPOBM!'!BEW!JOKVSZ% 2-111-111 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS; HFOFSBM!BHHSFHBUF%3-111-111 QSP. 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