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21-139.00 Osborn Consulting: Sprague Ave Stormwater Improvements Contract No.21-139 AGREEMENT FOR PROFESSIONAL SERVICES Osborn Consulting,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City" and Osborn Consulting, Inc., hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by June 30, 2022, unless the time for performance is extended in writing by the Parties. 0327 Sprague Stormwater-Osborn Agrmt. Page 1 of 8 Contract No.21-139 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $78,964.00 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name:Aimee Navickis-Brasch,Engr.Mgr. Phone:(509)720-5000 Phone:(509) 867-3654 Address: 10210 East Sprague Avenue Address: 101 S. Stevens,Suite 103 Spokane Valley,WA 99206 Spokane,WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses 0327 Sprague Stormwater-Osbom Agrmt. Page 2 of 8 Contract No.21-139 enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least 0327 Sprague Stormwater-Osborn Agrmt. Page 3 of 8 Contract No.21-139 as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than$2,000,000 per claim and$2,000,000 policy aggregate limit. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, 0327 Sprague Stormwater-Osborn Agrmt. Page 4 of 8 Contract No. 21-139 evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51,RCW,solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 0327 Sprague Stormwater-Osbom Agrmt. Page 5 of 8 Contract No.21-139 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power'or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports: Consultant shall provide all information and reports required by the Acts,the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling,terminating,or suspending the Agreement,in whole or in part. 0327 Sprague Stormwater-Osborn Agrmt. Page 6 of 8 Contract No.21-139 F.Incorporation of Provisions:Consultant shall include the provisions of paragraphs one through six of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); 0327 Sprague Stormwater-Osborn Agrmt. Page 7 of 8 Contract No.21-139 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause, or phrase of this Agreement. 24.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B.Fee proposal C.Insurance Certificates The Parties have executed this Agreement this 7' day off ;20 2 I. CITY F SPOKANE VALLEY Consultant. 04)4-• CrveLert_ . , -a Mark Calhoun,City Manager By:L a Ruppert,Vice President Its: Authorized Representative .z ..tyw APPROVED TO FORM: Office of 41 e Ci ey 0327 Sprague Stormwater-Osbom Agrmt. Page 8 of 8 City of Spokane Valley Sprague Avenue Stormwater Improvement EXHIBIT A SCOPE OF SERVICES Project: City of Spokane Valley Sprague Avenue Stormwater Improvement Consultant: Osborn Consulting,Inc.(OCI) Contract No.: 21-139 BACKGROUND AND PURPOSE The purpose of this project is to improve stormwater quality by installing LID best management practices (BMPs)along a two-mile stretch of Sprague Avenue from University Road to Park Road. Sprague Avenue is a five-lane principal arterial road located in a fully developed commercial land use zone.Currently,untreated runoff from the project area discharges to drywells that infiltrate into the underlying soils. The project is funded in part by a Stormwater Financial Assistance Program(SFAP)grant administered by the Washington State Department of Ecology(Ecology),with a project completion deadline of June 30,2023. The project is anticipated to require significant coordination with Ecology for successful execution. Osborn Consulting Inc.(OCI,Consultant)will develop the Design Report,including preliminary figures and estimate of probable cost,an alternatives analysis of the treatment BMP options,and analysis of contributing basins sufficient to meet the treatment area targeted in the grant documents. General assumptions that apply to all tasks are as follows: • The project design and deliverable will meet the following requirements: o Washington State Department of Ecology(Ecology)Water Quality Stormwater Pre- Construction Grant agreement, o 2019 Ecology Stormwater Management Manual for Eastern Washington(SWMMEW), o Spokane Regional Stormwater Manual(SRSM),April 2008,and o City of Spokane Valley Street Standards,March 2018. • The proposed improvements will be located within the City right-of-way or within existing City easements. • The City is responsible for uploading Ecology Grant Deliverables to Ecology's Administration of Grants and Loans(EAGL)and for grant management and administration. • A separate Drainage Information Report will not be required to supplement the Ecology Design Report. • No soil contamination is present at the proposed stormwater infiltration facilities locations and site assessment for potential contamination is not included. • Existing trees within project corridor will remain in place as much as is practicable. • The following items are not included in this scope of work: o Easements,property rights,or writing of legal descriptions and legal exhibits for additional easements o Traffic Control plans o Construction staging o Curb ramp and ADA facilities o Roadway facility improvements 11Page City of Spokane Valley Sprague Avenue Stormwater Improvement o Pipe capacity or improvements to the existing storm drain system o Draft SWPPP o Irrigation design o Relocation plan and coordination of utilities and facilities to be relocated;any relocation of utilities and facilities,if needed,will be noted on the plans.Relocation plans and cost estimates will be provided by utility owners. • Roadway and/or pedestrian facility improvements are limited to restoration in-kind if disturbed.Any curb ramp facility designs may be added to this scope of work as additional services and will be negotiated prior to beginning the work. • Comments provided by the client on deliverables will be consolidated in one document and limited to one iteration of changes/revisions. • Comments received following the Ecology Design Report deliverable acceptance letter will be considered additional work. • Construction cost estimates will be provided in 2021 construction dollars and will not be inflated for a future construction timeline. • The portion of Sprague Avenue that drains to the Union Pacific Railroad underpass is not included as part of this project. • The soils throughout the project are assumed to be consistent and are made up of either Garrison gravelly Loam(GgA)or Marble Sandy Loam(McB). • The water quality treatment BMPs will be sized to provide treatment for 12 acres meeting enhanced treatment(TSS,metals copper and zinc,and Total Petroleum hydrocarbons). • Soil conductivity rate of 0.25 inches per hour in the top two feet from the soil horizon and 50 inches per hour for deeper excavations will be assumed per the December 10,2014,Memo on Hydraulic Conductivity Analysis of Sprague Avenue,University to Park Road Soils by Art Jenkins.The information presented in this report will be used for design and analysis consistent with Table 5.10 in the SWMMEW for Presumptive Infiltration Rates,"with the approval of the local jurisdiction." • Existing drywells(UIC wells)are assumed to have no infiltration capacity issues.The hydraulic conductivity testing performed between 2010 and 2012 within the project area(presented in the City's 2015 Pre-Design Report)satisfies the current SWMMEW requirements for UIC well testing (WAC 173 218),and no additional testing is required. • Offsite contributing areas are minimal and grade breaks are assumed to be within the City's Right-of- Way,therefore basin delineation and BMP sizing will be limited to areas within the Right-of-Way. • Survey will be provided by a third party selected by the City.The City will handle all coordination with the surveyor and any requests associated with the project basemap and will provide basemaps and basemap updates to OCI. • Check in meetings will be held virtually. • This contract will be complete upon Design Report approval from Ecology. • OCI will develop a OneDrive site and post all deliverables in this scope of work for City review and comment.Our budget assumes all deliverables will be submitted electronically and no hard copies will be developed. • The City will provide all utility record drawings to OCI.OCI will not initiate a separate"One-Call Utility Locate ticket request" • This scope of work does not include grant application support. 21Page City of Spokane Valley Sprague Avenue Stormwater Improvement TABLE OF CONTENTS Background and Purpose 1 Work Elements and Scope of Services 4 Task 1—Project Management&Administration 4 Task 2—Data Collection&Review 5 Task 2A—Data Collection&Review-General 5 Task 2B—Permitting and Environmental Review 6 Task 3—Confirm Alternatives&Define Requirements 6 Task 4—Ecology Design Report 8 Schedule 10 Fees 10 3IPage City of Spokane Valley Sprague Avenue Stormwater Improvement WORK ELEMENTS AND SCOPE OF SERVICES TASK 1-PROJECT MANAGEMENT&ADMINISTRATION Objective: This task covers the management, administration, and coordination of the work by the Consultant defined in this Contract including project management,preparation of monthly invoices and status reports, project schedule maintenance, and overall coordination with the City. Consultant Services: • Set up and close out the consultant contract. o Coordinate and manage the project team in the successful completion of the scope of work tasks. o Coordinate with the subconsultants. o Prepare and manage the project schedule. • Prepare and submit monthly invoices with attached monthly status reports describing the following: o Services completed during the month o Services planned for next month o Scope/Schedule/Budget issues,if applicable o Schedule update and financial status summary • Prepare and manage issue log with the City and all team members. • Prepare contract amendments,if needed. • Coordinate and attend project check-in meetings with the City.The purpose of these meetings is to discuss project status with the City(work complete since previous meeting),review upcoming tasks/activities,and provide schedule updates.Materials to be developed for these meetings include an agenda,notes,and action items.The consultant will also develop and manage a OneDrive site for sharing project files with the City.The budget assumes three(3)one-hour virtual meetings with two OCI staff members attending each meeting and preparation and follow up work for each meeting for a total of 12 hours. • Coordinate and attend deliverable review meetings with the City.The purpose of these meetings is to discuss the deliverable review comments prior to revisions.These meetings will be conducted in person at the City of Spokane Valley City Hall.The budget assumed one(1)two-hour meeting following the Ecology Design Report Deliverable(described in Task 4)with three(3)OCI staff members attending each meeting,meeting preparation and follow up work,and travel time for each meeting for a total of 13 hours.The budget also includes mileage and travel time for driving to and from the meetings. • Develop a transition plan summarizing next steps for the project following the completion of the deliverables identified in Task 4.We have budgeted 4 hours for this work. Client Responsibilities: • Process payment of invoices within 30 calendar days of invoice. • Attend project check-in and deliverable review meetings. • Review and process contract change requests and amendments,ifneeded. • Review project deliverables and provide one consolidated list of review comments to OCI within a mutually agreed upon time frame. 4IPage City of Spokane Valley Sprague Avenue Stormwater Improvement Assumptions: • The project duration is five(5)months from when the contract is executed to January 2022 when the final deliverable is submitted. • Invoices will be OCI standard invoice format,submitted electronically.Budget assumes five(5) invoices and status reports over the project duration. Deliverables: • Meeting agendas for monthly check-in meetings(emailed to client in PDF format) • Monthly Invoices and Status Report(emailed to client in a PDF format). • Project Schedule and Schedule Updates(email PDF). • Transition Plan TASK 2—DATA COLLECTION&REVIEW Objective: This task focuses on collecting and evaluating existing data, as well as identing new data collection needs. Meetings will be scheduled at key decision points or critical times for information sharing. Consultant Services: The Consultant Team will review available existing site data and limited geotechnical investigations as described in these scope documents. Task 2A—Data Collection&Review-General The Consultant will review available existing site plans and complete site visits.From this review the consultant will compile a list of missing data needed for this project.The Consultant Team will: • Review GIS Data-Collect and review available GIS layers for the project area from the City and identify any gaps/abnormalities that need to be confirmed during site visits.We have budgeted 10 hours for this work. • Review Drainage System Data—Collect and review existing drainage reports,record drawings, maintenance records,and drainage complaints provided by the City.We have budgeted 14 hours for this work. • Review Survey Basemap—OCI will review the survey basemap prepared by the City selected surveyor.We have budgeted 10 hours for this work. • Utility Coordination—OCI will review record drawings provided by private utility purveyors. We have budgeted up to four(4)hours for utility coordination to identify conflicts noted from basemap efforts. • Conduct Site Visits-Conduct site visits to collect data and confirm/document site conditions.The site visit will include two(2)OCI staff for one(1)day for a total of 16 hours.Budget includes travel and mileage. City Responsibilities: • The City will provide available record drawings for this project prior to the kick-off meeting. • The City will arrange for site access(if needed)for Consultant Team personnel. Assumptions: • All documents and information will be provided to OCI in an electronic format. 5jPage City of Spokane Valley Sprague Avenue Stormwater Improvement • Provide comments based on a mutually agreed upon schedule. Deliverables: • An Inventory of data reviewed with missing data identified(Excel format emailed to client). • Composite map of data collected(PDF format emailed to client). Task 2B—Permitting and Environmental Review Historical Research Associates,Inc.(HRA)will provide all work under this task. Consultant Services: HRA will complete a due diligence effort to confirm the presence/absence of any previously recorded archaeological and architectural resources within the project extents to meet the requirements in the Ecology grant.The Consultant Team will conduct background research in order to prepare a Monitoring and Inadvertent Discovery Plan(MIDP)for the entire project.The MIDP will cover archaeological monitoring for potholing,geotechnical testing,and excavation for the proposed stormwater project. • Prepare the Ecology 05-05/106 Form. • Prepare the Inadvertent Discovery Plan(IDP) HRA will confirm if the project is considered SEPA-exempt.If SEPA is required,HRA will complete a basic desktop analysis to meet current SEPA requirements and processes. • Provide SEPA recommendations, including coordination and preparation of submittals if project is found to be no longer exempt. City Responsibilities: • Review and comment on deliverables within the agreed upon schedule. Assumptions: • The Consultant Team will conduct research using Department of Archaeology and Historic Preservation's(DAHP)WISAARD web portal,internal cultural resource reference library,and other on-line resources. • OCI has budgeted up to 4 hours for review and coordination of this task. Deliverables: • Electronic copy of Draft 05-05/106 form and MIDP • Electronic copy of Final 05-05/106 form and MIDP • Electronic copy of Draft SEPA recommendations if project is found to no longer be exempt. • Electronic copy of Final SEPA recommendations if project is found to no longer be exempt. TASK 3—CONFIRM ALTERNATIVES&DEFINE REQUIREMENTS Objective: The purpose of this task is to re-evaluate and confirm the Alternatives previously outlined by the City, as well as define and customize requirements which will be used to guide the design including developing concepts and construction costs. 6IPage City of Spokane Valley Sprague Avenue Stormwater Improvement Consultant Services: • Define requirements: OCI will define requirements that are applicable to the project area.The fmal design requirements will provide a guide for developing the design including modeling and sizing the BMPs.This is expected to include: o Identify and summarize applicable requirements within the SWMMEW(including the UIC Rule),and the Spokane Regional Stormwater Manual(SRSM)as well as requirements for proprietary BMPs.This will include developing a summary of the relevant requirements which will be used to guide the alternatives analyses and design assumptions for the project. o Customize Requirements:OCI will meet with the City to review the draft summary of requirements and determine if the City would like to modify(e.g.,add more stringent requirements)and/or add requirements.This would include items that differ from those defined in the requirements such as design storms,analysis methods,site suitability criteria,assumptions for full pipe,site suitability criteria(for locating infiltration BMPs),etc. o We have budgeted up to 34 hours for this work. • Alternatives Analysis:Once the requirements have been defined,OCI will confirm which of the 60 basins described in the Pre-Design Report will provide the highest opportunity for treatment as measured by the existing site layout and the contributing basin area within Sprague Avenue,to meet the grant requirements.Basins will be selected based on locating water quality BMPs to get the most treatment at the lowest cost and in consultation with the City.Once the contributing basins have been identified to move forward in design,OCI will review the proposed treatment BMP alternative for each basin as identified in the 2015 Pre-Design Report and consider new treatment BMP options that have become available and/or received GULD approval from Ecology since the publishing of the Report and make recommendations for changing any proposed treatment BMPs that are not meeting or maximizing the current treatment potential for each basin.This is expected to include: o Confirmation of basin delineation completed by the City in the 2015 Pre-Design Report.OCI will create updated maps showing the basin delineations.We have budgeted 48 hours for this work. o Assess basins for maximizing treatment will involve reviewing contributing areas and BMP siting opportunities within the existing landscape strip.The goal of this exercise is to maximize the area treated for each BMP proposed,and advance select,high-treatment opportunity basins to the design stage.We have budgeted 60 hours for this work. o Modeling to determine expected flow rates to size and site treatment BMPs for each basin.We have budgeted 78 hours for this work. o Eleven(11)Preliminary Basin Plan(1"=20' scale)and BMP Figures will be created using survey basemap data,summarizing basin delineation,and BMP options analysis and determination.We have budgeted 92 hours for this work. o Develop a draft and final written Alternatives Analysis Memo summary that describes the alternatives analysis,a re-evaluation and justification for alternatives selected,and includes a cost comparison using the Preliminary Construction Cost Estimate developed in Task 4.OCI will incorporate comments from the City and provide final recommendations.This document will be incorporated into the body of the design report.We have budgeted 32 hours for this work. Client Responsibilities: • Identify current and proposed ordinances to OCI that are relevant to this work. • Review and comment on draft summary of requirements and provide input to assist OCI with developing the customized requirements within the agreed upon schedule. 7jPage City of Spokane Valley Sprague Avenue Stormwater Improvement • Provide official approval of requirements and assumptions. • Provide final selection of the alternatives identified in the alternatives analysis. Assumptions: • City of Spokane Valley ordinances,design standards,and guidance will be used to define requirements for conveyance systems.Where City standards do not exist for specific items,OCI will work with the City to define the standard to be used. • Basins selected to move forward in the alternatives analysis will be limited to a total contributing area sufficient to meet the treatment requirements described in the grant.No additional basins will be evaluated for the modeling or otherwise advanced in the Alternatives Analysis Memo. • Existing catch basins on Sprague Avenue will remain undisturbed as part of the proposed improvements.Any proposed water quality BMPs will reduce existing spread at the gutter line.As such,no gutter spread analysis will be completed as part of this project. • The Alternatives Analysis Memo summary will be provided to the City in a memo format with tables describing the options considered and selected for the basins that will be advanced in design. The memo will be approximately two pages with a supplementary table comparing BMPs for each basin. • The Preliminary Basin and BMP Figures will be included as an attachment to the Design Report (Task 4)and are intended to be at a scale that can be used for future design work. Deliverables: • Draft and Final Summary of Requirements(Table Format,Word). • Preliminary Basin and BMP Figures(PDF) • Draft and Final Alternatives Analysis Summary(PDF).The Final document text will be incorporated in the Task 4 Design Report body text. • Modeling Output(PDF)will be included in the Task 4 Design Report Appendix. TASK 4—ECOLOGY DESIGN REPORT Objective: With City review and approval of preferred design alternatives, the Consultant will use the preferred alternatives to develop the required deliverables up to Ecology Design Report Deliverable. The Consultant Team will write and document the design processes and selected site-specific alternatives (Task 3)in a Design Report following the Ecology outline.The Design Report will establish consensus on the design goals and critical project components and allow for City and Ecology review and comment on the proposed design solution. This task will include: • Drafting the Ecology Design Report,consisting of the following elements per Ecology's"Design Deliverables for Stormwater Projects with Ecology Funding": o Introduction o Basin Description o Site Description o Minimum Requirement/Core Element Analysis o Alternatives Considered o Design Analysis o Quantify the Water Quality Benefit o Engineer's Opinion of Probable Cost 8IPage City of Spokane Valley Sprague Avenue Stormwater Improvement o Proposed Schedule o Preliminary Plans and other Attachments • Submit the Design Report Deliverable for Ecology and City review and comment. • Prepare a Preliminary Construction Cost Estimate for the design documented in grant application. This will include identifying items eligible for Ecology funding. • Respond to the City and Ecology comments provided on the Draft Design Report and Preliminary Cost Estimate.Update all documents accordingly. • Coordination with Ecology to review upcoming deliverables and approach.The budget assumes two (2)one-hour virtual meetings with two OCI staff members attending each meeting and two hours of preparation and follow up work for each meeting for a total of 8 hours. City Responsibilities: • City will provide input and one consolidated set of review comments on the Design Report Deliverable documents within the agreed upon schedule. Assumptions: • The Ecology Design Report will be approximately twenty(20)pages plus appendices. o The Preliminary Basin and BMP Figures(Task 3)and preliminary cost estimate will be sufficient to meet the"Preliminary Plan Sheets"and"Engineer's Opinion of Probable Cost" elements,respectively,described in Ecology's"Design Deliverables for Stormwater Projects with Ecology Funding"document for the Design Report. • City review periods will be limited to 14 calendar days. • Ecology review periods will be a maximum of 45 days,however up to 28 days is anticipated,per recent confirmation with Ecology staff related to this project. • Following receipt of Ecology comments,comment responses will be drafted and the Design Report will be revised,if necessary, so as to secure an Ecology Design Report Acceptance Letter. • Coordination meetings with Ecology prior to submittal are included in this task. • The Preliminary Construction Cost Estimate will be developed consistent with a"Class IV"estimate as defined by the American Association of Cost Engineers(AACE). Deliverables: • Draft and Final Ecology Design Report(PDF and Word) • City Design Report comment response(tabulated Word or Excel Spreadsheet) • Ecology Design Report comment response(tabulated Word or Excel Spreadsheet) • Draft and Final Preliminary Construction Cost Estimate(Excel and PDF) 9jPage City of Spokane Valley Sprague Avenue Stormwater Improvement SCHEDULE This schedule includes approximate timelines for the tasks defined within Exhibit A.A detailed schedule will be developed after the contract is executed.A preliminary project schedule is outlined in Table 1. Table 1. Tasks Anticipated Dates Task 1—Project Management&Administration Entire Project September—December 2021 Task 2—Data Collection&Review September 2021 Task 3—Confirm Alternatives&Define Requirements September—October 2021 Task 4—Ecology Design Report October—December 2021 FEES This fee is based on the Scope of Services defined within Exhibit A and associated assumptions.The estimated total contract amount to complete the professional services identified in this Scope of Services is offered on a time-and-materials basis not-to-exceed $78,964.00.All expenses will be billed at cost plus a 5%markup; all sub-consultant fees will be billed at cost plus a 5% markup. Any modifications to the scope or requests for additional services will be agreed upon prior to proceeding.A fee breakdown by task is provided in Table 2. Table 2. Tasks Task Fees Task 1—Project Management&Administration $ 11,771 Task 2—Data Collection&Review $ 13,523 Task 3—Confirm Alternatives&Define Requirements $36,414 Task 4—Ecology Design Report $ 17,256 Project Total $78,964 101Page DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This page has been inserted in place of the page(s) entitled "Exhibit B" of a contract document which sets forth the rates charged by the contracting entity. 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. 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