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21-163.00 Fehr & Peers: Sullivan Rd/SR 290 Interchange Reconstruction Contract No. 21-163 AGREEMENT FOR PROFESSIONAL SERVICES Fehr&Peers Sullivan/Trent Intersection-Traffic Analysis THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Fehr & Peers 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 December 31, 2022 unless the time for performance is extended in writing by Agreement for Professional Services(with professional liability coverage) Page 1 of 8 Contract No. 21-163 the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $34,098.00 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: Chris Breiland Phone: (509) 720-5000 Phone: 206-576-4217 Address: 10210 East Sprague Avenue Address: 1001-4`h Avenue Spokane Valley,WA 99206 Suite 4120 Seattle,WA 98154 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; Agreement for Professional Services(with professional liability coverage) Page 2 of 8 Contract No. 21-163 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an Agreement for Professional Services(with professional liability coverage) Page 3 of 8 Contract No. 21-163 additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and$2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Agreement for Professional Services(with professional liability coverage) Page 4 of 8 Contract No. 21-163 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement 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. Agreement for Professional Services(with professional liability coverage) Page 5 of 8 Contract No. 21-163 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: 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 Agreement for Professional Services(with professional liability coverage) Page 6 of 8 Contract No. 21-163 2. cancelling,terminating,or suspending the Agreement,in whole or in part. 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; Agreement for Professional Services(with professional liability coverage) Page 7 of 8 Contract No. 21-163 The Federal Aviation , dmm stration's Non discrimination statute (40 t_1.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);and Title IX 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 / day of Ai)v2tttLer,20 2- CI OF SPO E VALLEY Consultant: fekr—a' TES Mark Calhoun,City Manager By: Arie.l 17avt 5 Its: Authorized Representative APPROVED AS TO FORM: Office e City A ey Agreement for Professional Services(with professional liability coverage) Page 8 of 8 EXHIBIT A The purpose of this project is to provide transportation planning and engineering support to the City on the Sullivan Road corridor from 1-90 north to Wellesley Avenue. This work would support the following: • Confirm, refine, and update the Trent Ave/Sullivan Road intersection design previously completed. • Update the existing Sullivan Road Corridor Traffic Study. • Review intersection and interchange operations at the Sullivan Road/1-90 interchange. • Identify regional benefits of the Sullivan Road Corridor. This contract completes the scope of work identified in Contract 20-091 after its contract expiration on June 30, 2021, along with additional scope to Task 2. Task Total Fee of Previously Used Remaining Fee Work in Contract in this Contract 20-091 1 $2,300 $2,300 $0 2 $57,400 $23,302 $34,098 3 $11,500 $11,500 $0 4 $9,700 $9,700 $0 Total $80,900 $46,802 $34,098 The following tasks outline the proposed scope of work. Task 1-Obtain Final Traffic Study from Welch Comer The City of Spokane Valley will provide Fehr& Peers with the final traffic study from Welch Corner, including any updates to the Synchro and Sidra files and excel spreadsheets that were used to prepare the study.Any CAD files used for conceptual engineering will also be provided to Fehr& Peers. Prior to Fehr& Peers' review of the traffic study,we will hold a phone call with City staff to discuss any known area of concern to refine our review.Areas we are aware of at this point include the turning movement forecasts,the ramp terminal intersection designs, and the on-and off-ramp configurations with Trent Avenue. Following our review,we will highlight any additional concerns and present our findings in a short PowerPoint presentation via a web-conference. Task 2-Complete WSDOT Intersection Control Evaluation (ICE)for Sullivan Road/Trent Avenue Fehr& Peers will complete an Intersection Control Evaluation (ICE) per the WSDOT Design Manual (DM) Chapter 1300.05(1)for the Sullivan Road/Trent Avenue interchange. Up to five alternatives will be evaluated,with alternatives determined through the City of Spokane Valley's work with KPFF.A EXHIBIT A roundabout alternative will be considered per WSDOT's DM requirements.The ICE will fulfill the following five steps as outlined in the DM: 1. Background and Project Needs—Fehr& Peers will document the existing conditions of the intersection operations including physical characteristics, posted speed,AADT, turning movement volumes,channelization and control features, multimodal facilities, context, and modal priorities.As part of the project kickoff, Fehr& Peers would facilitate a two-hour workshop with City staff to discuss the current context, desired outcomes, and potential alternatives for the Sullivan Road/Trent Avenue interchange. Fehr& Peers will coordinate with the City and WSDOT to reach consensus on the needs, metrics, and targets that will be used to evaluate the alternatives, per DM requirements.This scope and budget assume traffic operations and safety would be evaluated quantitatively and any other elements would be evaluated qualitatively.The alternatives developed through the initial workshop will then be assessed against these needs, metrics, and targets in an initial screening. 2. Feasibility—Fehr& Peers will coordinate with KPFF to develop the alternatives that are carried forward from the initial screening to a sketch level considering the implications on required footprint, right-of-way, environmental factors, cost, context- sensitive/sustainable design, and geometrics/physical constraints, with technical work completed by KPFF.Alternatives will be assessed against these performance measures and those that are not feasible will be removed from consideration with documentation of the rationale. 3. Operational and Safety Performance Analysis—Fehr& Peers will analyze the alternatives that are carried forward from the feasibility evaluation as well as the No Action condition using the performance metrics and targets identified in Step 1. Before beginning the analysis, Fehr& Peers will coordinate with WSDOT region staff to gain consensus on the intersections to be analyzed and the scope of the analysis; a subsequent meeting to present preliminary results to WSDOT is also assumed. Fehr& Peers will address WSDOT comments regarding SRTC model and contribute content to KPFF for the Basis of Design deliverable.This scope and budget assumes the study facilities will include the Sullivan Road/Trent Avenue interchange and Trent Ave/Progress Rd intersection and up to four alternatives plus the No Action condition will be evaluated. Analysis will include: • Traffic operations for the opening and design year, which is assumed to be 20 years from the year construction would begin. Fehr& Peers would use the traffic forecasts developed by Welch Corner to develop 2030 and 2050 turning movement forecasts.AM peak hour forecasts will be revised based on review of the SRTC model used by Welch Corner for the initial modeling. For budgeting purposes, it is assumed Fehr& Peers would use Synchro and SIDRA to analyze the alternatives, but this will be confirmed with WSDOT staff before beginning the evaluation.Two analysis periods will be used:AM and PM peak hours. EXHIBIT A • Signal warrant analyses will be completed for any traffic signal alternatives. • Safety analysis consistent with WSDOT's Safety Analysis Guide will be completed.This would include analysis using the Highway Safety Manual predictive method for all alternatives for which the predictive method is available. Other alternatives would be assessed using crash modification factors applied to observed crashes. • A discussion of effects on multimodal safety and operations and potential multimodal treatments to meet users' needs 4. Alternatives Evaluation—The remaining alternatives would be compared based on their abilities to address the needs, performance metrics, and targets. A benefit/cost evaluation for mobility and/or safety would be completed. 5. Selection—After discussion of the performance tradeoffs and project needs with City staff,one alternative will be selected. Fehr& Peers will document the full process in a draft ICE for City and WSDOT review.This task includes one set of City and WSDOT comments on the draft ICE, revisions, and final submittal. Optional Task 2A: Complete Vissim analysis for the Preferred Alternative for the 2050 AM and PM scenarios and provide brief technical memorandum summarizing findings. Cost: $4,500 budgeted in contract. Optional Task 2B: Contribute to KPFF's completion of the Context& Modal Accommodation Report if required by WSDOT(up to 10 hours). Cost: $1,800 budgeted in contract. Task 3-Evaluate Interchange Operations at I-90/Sullivan Road Per our discussion and reading through email files, FHWA and potentially WSDOT have concerns about how improved throughput and capacity of the Sullivan Road corridor(particularly as it connects to Bigelow Gulch Road). Fehr& Peers will analyze the traffic operations at the following intersections to assess potential impacts to 1-90 operations: • Sullivan Road/Indiana Ave • Indiana Ave/WB 1-90 Off-ramp • Sullivan Road/WB 1-90 Ramp • Sullivan Road/EB 1-90 Ramp In addition, we will use Highway Capacity Software (HCS)to evaluate the 1-90 weaving operations between Sullivan and Evergreen and the merge/diverge operations east of Sullivan Road. The results of the intersection and freeway operations analysis will be documented in a memorandum with figures and tables summarizing AM and PM peak hour operations results. Our analysis would include base year(2020) and future year(2040) results.The 2040 forecast would be based on our work with Welch Corner on the Sullivan Road Corridor analysis and no new model runs are anticipated. EXHIBIT A To support this operations analysis, Fehr& Peers would scale existing AM and PM peak hour intersection turning movement counts at the four intersections to reflect typical 2020 conditions. We will also scale AM and PM peak period freeway volumes at the Sullivan Road overcrossing using WSDOT data. Task 4-Analyze and Document the Regional Benefits of the Sullivan Road Corridor Fehr& Peers will evaluate the travel patterns supported by the Sullivan Road corridor to demonstrate the benefit to regional travel provided by this route.We will be using the trip distribution patterns from the SRTC model to identify how much traffic Sullivan Road relieves from other facilities like 1-90 and US 2/395. In addition,we will document how the Sullivan Road corridor provides an important parallel connection between the industrial areas along the NSC,the Spokane Business Park, and key markets to the east.We will also provide a description about the number of jobs are located along the Sullivan Road corridor that rely on a strong transportation connection to the rest of the region.The results of this task will be documented in a graphically oriented memorandum and will be written in a way that could support a grant application. DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This page has been inserted in place of the page(s) entitled "Exhibit B / Hourly Billing Rates for Labor" 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. Please contact the City Public Records Officer at (509) 720-5000 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. FEHR&PE-01 ANGUIANOS CORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License#0E67768 CONTACT Gigi Yuen PRODUCER NAME: IOA Insurance Services PHONE 925 660-3514 50008 Fax 925 416-7869 3875 Hopyard Road (a/c,No,Ext):( ) (A/c,No):( ) Suite 200 ADDRESS:Gigi.Yuen@ioausa.com Pleasanton,CA 94588 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Hartford Casualty Insurance Company 29424 Fehr&Peers INSURER c:Liberty Insurance Underwriters, Inc 19917 1001 4th Avenue Suite 4120 INSURER D: Seattle,WA 98154 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/6/2020 12/6/2021 DAMAGE TO RENTED 1,000,000 PREMISES()=a occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: COMBINED $ A AUTOMOBILE LIABILITY Ea acciden SINGLE LIMIT $ 1,000,000 ANY AUTO PSA0002276 12/6/2020 12/6/2021 BODILY INJURY(Per person) $ AWNED UTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ X AUTOS ONLY X NON-OWNED ONLYY PROPERTY acEcident)AMAGE A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002889 12/6/2020 12/6/2021 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 57WEGZJ1989 5/1/2021 5/1/2022 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER Mend Rory in BE EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. AEXNYABEFJ2005 12/6/2020 12/6/2021 Per Claim 5,000,000 C Professional Liab. AEXNYABEFJ2005 12/6/2020 12/6/2021 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Sullivan/Trent Intersection—Traffic Analysis All Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability:No company owned vehicles.Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation:Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement,as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE Attn1021 Rob Lrague lee Q� QCc ► 6?2 ,4C-Ierg • � 10210 E.Sprague Ave. 'Spokane,WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:FEHR&PE-01 ANGUIANOS LOC#: 1 ACORO° ADDITIONAL REMARKS SCHEDULE ��- Page 1 of 1 AGENCY License#0E67768 NAMED INSURED IOA Insurance Services Fehr 4 Peers _ 1001 th Avenue __ POLICY NUMBER Suite 4120 SEE PAGE 1 Seattle,WA 98154 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S):The City of Spokane Valley, as required per written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product completed operations committed after you have entered into that hazard". contract or agreement. 4. 2. The insurance provided to the additional insured by The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage-Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition - Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition -Railroad Easement Q. Coverage Extensions-Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver appliesonly to the person or graph A.1. Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION ll — percent(50%)or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1.Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a An "employee" of yours is an "insured" while maximum of one hundred eighty (180) days operating an "auto" hired or rented under a following the acquisition or formation of the business contract or agreement in that "employee's" entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos"you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodily injury" or "property damage" not a covered "auto". occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an "insured" under the Who Is An have workers compensation insurance in-force Insured provision contained in SECTION II — covering all of your employees. COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or In the event of a total "loss" to a covered "auto" "property damage"occurs. shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV— BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against DAMAGE COVERAGE section of the policy; Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the"loss"; PPA 300 03 13 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A.