2022, 03-29 Study Session Minutes MINUTES
City of Spokane Valley
City Council Study Session Meeting
Tuesday, March 29, 2022
Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person in Council Chambers,
and also remotely via Zoom meeting.
Attendance:
Councilmembers Staff
Pam Haley, Mayor John Hohman, City Manager
Rod Higgins, Deputy Mayor Erik Lamb,Deputy City Manager
Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director
Laura Padden, Councilmember Cary Driskell, City Attorney
Brandi Peetz, Councilmember Bill Helbig, Community&Public Works Dir.
Ben Wick, Councilmember John Bottelli, Parks, Rec&Facilities Dir.
Arne Woodard, Councilmember Dave Ellis,Police Chief
Gloria Mantz, City Engineer
Jerremy Clark, Traffic Engineering Manager
Morgan Koudelka, Sr Administrative Analyst
Mike Basinger, Economic Development Dir.
Christine Bainbridge, City Clerk
ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present.City Clerk Bainbridge
announced that we were notified there are some technical issues with the broadcast, and that tonight's
Council meeting will not be broadcast on Channel 14, but it will still be streaming live via Zoom, and it
will be recorded and available on the City's website.
APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and
unanimously agreed to approve the amended agenda.
PROCLAMATION: Vietnam War Veterans Day
Mayor Haley read the Vietnam War Veterans Day proclamation, after which City Clerk Bainbridge said
she will make sure the appropriate person receives the proclamation.
ACTION ITEMS:
1. Second Reading Ordinance 22-005 Approving Updated Transportation Impact Fee Rate Studies—Jerremy
Clark
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded
to approve Ordinance 22-005 adopting the Transportation Impact Fee Rate Study Updates and underlying
Rate Study Addenda, as proposed. After a brief explanation by Mr. Clark of the purpose of the ordinance,
Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor:
unanimous. Opposed: none. Motion carried.
2. Resolution 22-003 Amending Master Fee Schedule, Transportation Impact Fees—Chelsie Taylor
It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-003 repealing and
replacing Resolution 21-009 and approving a new Master Fee Schedule for 2022.After a brief explanation
by Director Taylor that the purpose of the resolution is to update the transportation impact fee schedules,
Mayor Haley invited public comment.No comments were offered.Councilmember Woodard said he would
like a future discussion about the fees for CenterPlace, and Mr. Hohman said that report is scheduled for
the April 19 meeting. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
Council Meeting Minutes, Study Session:03-29-2022 Page 1 of 3
Approved by Council:04-12-2022
3. Motion Consideration: Interlocal Agreement, Spokane County Parklets—Cary Driskell
It was moved by Deputy Mayor Higgins and seconded to approve Amendment No 1 to the Interlocal
Agreement between Spokane County and City of Spokane Valley regarding Multi-Use Trail along a portion
of former Milwaukee Rail right-of-way, and authorize staff to finalize and execute the same. City Attorney
Driskell went over the background of the Interlocal Agreement,and explained that the amendment includes
clarifying some of the definitions, changes responsibility from the County to the City for considering
granting of license agreements for third-party users such as adjoining property owners; and makes clear
that the City is responsible for payment of all assessments on the property such as stormwater charges.Mr.
Driskell noted that the City's stormwater fees will be approximately$2,100 annually,which is based on the
amount of impervious surface. He added that historically,the County has paid the stormwater assessments
of about$416 annually;they indicated they don't want the City to pay them back for any of those fees,nor
are they are not interested in sharing the annual license fee. Mayor Haley invited public comment; no
comments were offered.
There was Council discussion about the amendment,with Councilmember Padden voicing her opposition
to the amendment, stating that it appears lopsided in favor of the County, that the County maintains
authority over the right-of-way as it is their property,and that we are putting millions of dollars into an area
that we do not own. City Manager Hohman stated that he met with the County CEO last week and that this
issue will be discussed further, and he will keep Council apprised as things move forward. There was also
discussion about the businesses wanting to take advantage of their proximity to the trail by adding such
things as expansion to their patio,or having a pathway or something similar,and not adding a building.Mr.
Hohman added that even if we owned the right-of-way,we would not want businesses building on it; again
stated that this is a topic under discussion with the County, said there is a big history on this subject, that
the City sued the County in the early years and it was a bit contentious; again stating that the topic is on the
table. Mayor Haley added that perhaps a better time to address this with the County is after the addition to
two new commissioners. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, and
Councilmembers Peetz, Wick, Hattenburg, and Woodard. Opposed: Councilmember Padden. Motion
carried.
3a. Motion Consideration: Barker Road/BNSF Grade Separation Project Change Order Approval - Bill
Helbig,Gloria Mantz
It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to approve Change
Order No. 38 with Max J. Kuney Company in the amount of$129,500. Director Helbig reminded Council
that as he previously mentioned, staff will be periodically bringing Council change orders regarding this
project; said this is change order #38 and that one of the goals is to keep the project moving forward; he
noted staff will continue to work closely with WSDOT as they develop and review all change orders and
all change orders that increase the amount of the contract will come before Council for approval, as the
$350,000 authorization limit has been reached. Mayor Haley invited public comment. Mr. John Harding,
Spokane Valley: said the more change orders we see the more it seems that someone isn't doing their job;
and he asked about who is in charge of this process and who has accountability, and that he would like
more information on the change order process. There were no other public comments. In response to
Councilmember Woodard asking for clarification on the process, Mr. Helbig explained that when work is
outside the scope of a contract,the contractors do a change order which included anticipated costs; he said
WSDOT and the City review those and verify our own costs and there is a negotiation process; said not all
change orders are approved by us and WSDOT so there are some that will never be brought forward to
Council. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
NON-ACTION ITEMS:
4. 2022 School Zone Flashing Beacons Update—Jerremy Clark
Mr. Clark explained that the installation of nine locations with beacons were included in the 2022 City
budget; and he noted that five of the locations are in the procurement process for installation in early
summer;that the options for Council tonight is to consider to proceed with that installation,or to take other
Council Meeting Minutes,Study Session:03-29-2022 Page 2 of 3
Approved by Council:04-12-2022
action. Mr. Clark also discussed the replacement of exiting school zone signage as noted on slide 4. As
shown on slide 2,Mr. Clark noted the school and the status for having a flashing beacon; and of those five
locations underway,four are being followed up tonight;i.e.the Learning Academy,Trent Elementary,Ness
Elementary, and Pratt Elementary; and he stated that staff will be coordinating further with East Valley
School District on potential new locations. After discussion about the pros and cons of each of the four
locations with safety being the prime factor,a majority of Councilmember were in favor of moving forward
as proposed.
5. Law Eiaforcement Interlocal Amendment—Erik Lamb, Morgan Koudelka, Chief Ellis
Mr. Lamb explained that this is just one item of all those previously discussed March 8; that we want to
make sure the agreement tracks with what we are doing; he mentioned the law enforcement agreement is a
five-year term which began in 2018 and has a 24-month termination notice but this amendment and
tonight's discussion is not about that roll-over termination as that will be coming forward in the next few
weeks. Mr.Koudelka went over the six highlights of the amendment, as shown on slide 3.
Brief Council discussion included clean energy and hybrid vehicles, with Chief Ellis explaining that we
have purchased two hybrids and they are in test mode but the feedback has not been positive and at this
point they prefer staying with the gas model; there was also mention of shared positions, performance
measures, dedicated vehicles, and radar trailers. There was Council consensus for staff to bring the
amendment forward for a motion consideration.
6.2023 Congressional Directed Spending Requests—Bill Helbig
Mr. Helbig explained that Senator Murray's office has issued an announcement for Congressionally
Directed Spending,formerly earmarks;that there is no limit to an agency's number of submittals;requests
are due April 5 and do not require any local matching funds. He noted there is a similar request from
Representative McMorris Rodger's office and it is expected that Senator Cantwell will issue a similar
request in the next few weeks. Mr. Helbig said that awards generally range between $1 million and $5
million, and he noted the four projects staff recommends as submittals, and said staff requests Council
consensus to submit the requests to all three federal delegates as the 2023 funding requests are released,
and Council concurred.
7. Advance Agenda—Mayor Haley
There were no additions to the advance agenda.
8.Department Reports
The Department Reports were for information only and were not reported or discussed.
9. Council Comments—Mayor Haley
There were no further comments from Council.
10. City Manager Comments—John Hohman
Mr. Hohman reminded everyone that there is no Council meeting next week, and that this Thursday is our
City's 19th anniversary, and that there is ongoing planning for next year's the 20th anniversary.
It was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 7:15 p.m.
ATTEST: Pam Haley,Mayor
Christine Bainbridge, City Clerk '3"
Council Meeting Minutes,Study Session:03-29-2022 Page 3 of 3
Approved by Council:04-12-2022
Agenda Item 3a
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 29, 2022 Department Director Approval: El
Check all that apply: ❑ consent ❑ old business ►i new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration -- Barker Road/BNSF Grade Separation Project
(GSP), Change Order Approval
GOVERNING LEGISLATION: •
• RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated transportation program
expenditures.
• SVMC 3.35.010, Contract Authority
PREVIOUS COUNCIL ACTION TAKEN:
• May 7, 2013 -Administrative Report, Bridging the Valley;
• June 23, 2015 - Passed Resolution No. 15-005 adopting the 2016-2021 Six Year
Transportation Improvement Program (TIP), which included both the Barker Road and
the Pines Road Grade Separation Projects (GSP);
• April 5, 2016 - Passed motion to obligate federal earmark funds for the design of the GSP;
• November 8, 2016-- (Special 5 pm Meeting) Information Report on the status of the Barker
GSP;
• November 15, 2016 -Administrative Report on the Barker GSP status;
• November 22, 2016 - Informational Report;
• December 6, 2016 -Administrative Report;
• December 20, 2016 --Administrative Report;
• January 10, 2017 - Motion failed to contract with David Evans and Associates (DEA) for
project design services;
• February 21, 2017 -Administrative Report;
• February 28, 2017 - Passed Resolution 17-006, amending the 2017 TIP;
• May 23, 2017 - Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which
included the Grade Separation Project;
• August 22, 2017 - Passed motion to enter into contract with DEA for the project's Phase 1
(Initial Contract);
• October 24, 2017 -Administrative Report to discuss alternatives;
• January 30, 2018 - Administrative Report to discuss alternatives with Council consensus to
move the project forward with Alternative 5;
• March 2, 2018 -Administrative Report to discuss alternatives;
• March 13, 2018-Administrative Report to discuss history and alternatives;
• March 16, 2018 -Administrative Report for Council and Chamber of Commerce;
• March 27, 2018- Passed motion to select preferred alternative for advancing project;
• April 10, 2018 - Passed motion to execute supplemental agreement with DEA for the
project's Phase 2 design (DEA Contract Supplement#3);
• December 4, 2018 -Administrative Report to discuss project status;
• September 10, 2019 -Adoption of Ordinance 19-012 authorizing use of condemnation for
property acquisition with regards to three property owners;
• November 12, 2019 -Adoption of Ordinance 19-020 authorizing use of condemnation for
property acquisition with regard to a fourth property owner;
• January 14, 2020 - Passed motion to execute supplemental agreement with DEA;
• January 21, 2020 - Passed motion to acquire two properties for the project;
Page 1 of 3
Agenda item 3a
• March 31, 2020 — Passed motion to execute agreement with Avista Corporation;
• May 12, 2020— Passed motion to execute BNSF Overpass Agreement;
• June 30, 2020 — Passed motion to execute an Interlocal Agreement with WSDOT for Project
Construction and Construction Administration; and,
• February 2, 2021 —Administrative Report on bid award.
• May 4, 2021 — passed motion to amend Avista Corporation agreement
• February 8, 2022—Administrative Report on Change Orders
BACKGROUND:
Over the past three years, the City has been working with David Evans &Associates (Consultant)
to develop and bring to fruition, the Barker Road/BNSF Railroad Grade Separation Project. In
the first phase of the project, which began in 2017, the Consultant analyzed and compared six
alternatives in terms of cost, right-of-way (ROVV) needs, impacts to existing properties,
constructability, safety, and other pertinent project elements, so the City could select the preferred
alternative. In the second phase of the project, which began in 2018, the Consultant developed
final design and construction documents for the project.
The City and WSDOT recognized the benefits for WSDOT managing the construction and
construction contract administration for the project. On June 30, 2020, Council passed a motion
to authorize the City Manager to finalize and execute the Interlocal Agreement between WSDOT
and the City. The following are significant items contained within the Agreement as the project
moves forward:
▪ WSDOT is the lead agency in contracting and administering the Construction Contract.
• WSDOT can issue change orders of $100,000 or less without the City's approval when
cumulative change orders are less than $350,000.
• Any single Change Order in excess of$100,000 requires City review and approval. •
• The City will be part of WSDOT's Final Inspection and Project Acceptance procedures.
• The City will have the sole discretion to issue a Letter of Acceptance to WSDOT at the
final project closeout. Acceptance will not be given by the City until it is fully satisfied with
the project.
• The City will reimburse WSDOT for all costs associated with project construction and
construction administration.
WSDOT advertised the project on November 23, 2020, and awarded the project on January 28,
2021, to Max J. Kuney Company in the amount of $11,637,134.00, which is 83 percent of the
engineer's estimate of $13,885,811.80. Construction started on March 8, 2021. The contractor
has completed the road improvements on Trent Ave. (SR 290), including the roundabout. East
and westbound traffic on Trent Ave. is in its final configuration. The south leg (Barker Rd) of the
roundabout will be open when the bridge over the BNSF railroad is completed. Construction
resumed in March 2022.
WSDOT has been coordinating with staff on all change orders with Max J. Kuney Company
regardless of their amounts. Currently, WSDOT has executed 20 change orders that cumulate
to $271,201.48.
The attached Change Order No. 38, in the amount of$129,500.00, is for the additional extended
overhead costs of the prime contractor to complete the roadway construction on Trent Ave,
including the roundabout in 2021 and allowing the connection to Wellesley Avenue to be open to
the traffic earlier than scheduled. Change Order No. 38 will result in the project's cumulative
change orders that have been executed, to a total of $400,701.48 which is over the $350,000
authorization limit. After Change Order 38 is executed, the new contract amount will be
$12,037,835.48 which is 3.44% over the original contract.
Page 2 of 3
Agenda Item 3a
Staff will continue to work closely with WSDOT as they develop and review all change orders. All
change orders that increase the amount of the contract will now come before Council for approval
as the $350,000 authorization limit has been reached.
OPTIONS: 1) Authorize the City Manager to approve Change Order No. 38 with Max J. Kuney
Company in the amount of $129,500.00, or 2) Take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to approve
Change Order No. 38 with Max J. Kuney Company in the amount of$129,500.00.
BUDGET/FINANCIAL IMPACTS: To date,the City has secured funding in excess of$26,000,000
for the Barker Road/BNSF Grade Separation Project from seven sources. Ali change orders
between WSDOT and Max J. Kuney Company will be funded from the project funds and are grant
eligible.
STAFF CONTACT: Bill Helbig, PE, Community and Public Works Director
Gloria Mantz, PE, City Engineer
ATTACHMENTS: Executed Change Orders — Summary
Change Order No. #38
Page 3 of 3
S
Barker RoadIBNSF Grade Separation Project p
Change Order Summary Valley
Negotiated/Un- Executed Change
Executed CO's Order Costs
WorkDay
No. Description Costs Costs Change+]- Remarks/Status
CO#1 BMA.Mix 1/2 Inch Revisions $ - 0 No cost change order to substitute a different gradation mix of asphalt
CO#2 Common Borrow Measurement Revision $ 0 No cost change order that revises the measurement method of Common Borrow(BI#18)
Extended overhead costs(5 days)to deal with removal of discovered buried concrete and
CO#4 Remove Structure&Obstruction Overhead $ 18,500.00 5 metal structures located on the acquired Highland Estates property. Structures were
unknown.
Extended overhead cost(1 day)and exploratory work to determine the limits of the
CO#6 Undocumented Fill Exploration&Overhead $ 5,650.80 l unsuitable buried material located on the acquired Cassell property. Material was buried by
the previous property owner and was unknown,
CO#8 Additional Stripe Removal $ 9,563,04 0 Work to remove additional existing pavement markings
Extended overhead cost(12 days)for the excavation work to remove the unsuitable material
CO#9 Undocumented Fill Excavation Overhead $ 44,400.00 12 from the acquired Cassell property.
MCO 410 Barker Special WZTC Sign $ 342.97 0 Sign changes needed for traffic control
MCO 411 Additional Sign Removal _ $ 423.58 0 Sign changes needed for traffic control
MCO#12 Added Class A Signs $ 1,676.26 0 Sign changes needed for traffic control
CO#13 Added Borrow&Embankment $ 150,000.00 0 Additional fill material and compaction needed to fill in the unsuitable material excavation
on the acquired Cassell property.
Relocated CenturyLink fiber optic line that was in conflict with improvements. Line is
MCO#14 Relocate Utility Line $ 8,276.25 0 within an existing easement and was not where original design locates showed.
CO 415 DT Line IiMA added Sid Item $ 0 No cost change order to substitute a different gradation mix of asphalt for the detour road.
CO#16 Allowable Recycled Material S 0 Na cost change order to allow more recycled concrete materials to be used in the common
borrow(except BNSF property).
To maintain access to the existing CenturyLink vault using shoring until the vault can be
CO#17 CenturyLink Shoring $ 24,555.40 0 abandoned after the bridge is constructed. This allowed for the fill of the roundabout to
continue while the bridge was delayed.
CO#18 CMP Material Revision $ (13,875.46) 0 Credit for material substitution on drainage pipe.
MCO#25 SE Line Surveying Error $ 1,688.20 0 Additional surveying required due to plan error.
MCO 426 Temporary Striping Long Duration(Minor Change) $ 9 134 80 0 Install temporary paint pavement markings instead of plastic in order to open Trent and the
roundabout to traffic in 2021.
CO#28 DR1-1 Revisions $ 4,000.00 Minor drainage changes,anticipate minor credit
CO#30 Roundabout Caution Signs $ 4,076.00 Additional permanent truck warning signs at the roundabout requested by WSDOT Traffic.
CO#34 Detour Signs $ 2,784.64 Additional traffic control signs needed to detour traffic for the Trent Ave eastbound closure.
Extended overhead costs(35 days)in order to open Trent and the roundabout to traffic in
CO#38 RAB Completion $ 129,500.00 $ - 35 2021.
S 129,500.00 $ 271,201.48 53
Original Contract $ 11,637,134.00
WSDOT Executed Change Orders $ 27I,20I.48 2.33%of Original Contract
Pending Approval Change Order Costs $ 129,500.00 1.11%of Original Contract
Total Change Orders $ 400,701.48 3.44%of Original Contract
Revised Contract Amount $ 12,037,835.48
WSDOT Executed Change Orders
Change Orders Pending Council Approval
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION DATE:02/04/22
CHANGE ORDER PAGE 1 of 3
CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123 (005)
CONTRACT TITLE: BARKER RD HNSF GRADE SEPARATION SPOKANE COUNTY-MP
CHANGE ORDER NO: 38 RAH COMPLETION ADDED DAYS
PRIME CONTRACTOR: 9106'09531 MAX J. KUNEY COMPANY
120 N RALPH ST
99202-4744
SPOKANE WA 99220-0008
( )Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications
(X) Change proposed by Contractor
ENDORSED BY: SURETY CONSENT:
/(61 y 6M
HellyGri it1(filar2 02215:10PDT)
CONTRACTOR SIGNATURE ATTORNEY IN FACT
Mar 23, 2022
DATE DATE
ORIGINAL CONTRACT AMOUNT: 11, 637,134.00
CURRENT CONTRACT AMOUNT: 11, 976,451.02
ESTIMATED NET CHANGE THIS ORDER: 129,500.00
ESTIMATED CONTRACT TOTAL AFTER CHANGE: 12,105,951.02
Signature Required: AeProject Engineer ieState Construction Engineer
(Regional Administrator ileOther Agency
PROJECT ENGINEER SIGNATURE STATE CONSTRUCTION ENGINEER SIGNATURE
DATE DATE
OTHER APPROVAL WHEN REQUIRED
COSV / FHWA
REGIONAL ADMINISTRATOR SIGNATURE SIGNATURE DATE
DATE REPRESENTING
CG02v04 (revised Feb 2005)
•
• WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION DATE:02/04/22
CHANGE ORDER PAGE 2 of 3
CONTRACT NO: 009623 CHANGE ORDER NO: 38
All work, materials, and measurements to be in accordance with the provisions of
the Standard Specifications and Special Provisions for the type of construction
involved.
This contract is revised as follows:
Description
This change order adds thirty-five (35) working days to the Contract to open
the roundabout to traffic on SR 290 and Wellesley.
Payment
"CO38 Extended Overhead" , lump sum, shall be full compensation for extended
overhead costs in the amount of $3,700 per day for 35 working days: September
8, 2021 through October 26, 2021 for a total of $129,500. Extended overhead
compensation for any subcontractors are not included in this amount.
Working Days
This change order adds 35 days to the Contract.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION DATE:02/04/22
CHANGE ORDER PAGE 3 of 3
CONTRACT NO:009623 CHANGE ORDER NO: 38
ITEM GROUP STD UNIT OP UNIT PRICE EST QTY CHANGE EST AMT CHANGE
NO NO ITEM MEASURE
ITEM DESCRIPTION: "CO38 EXTENDED OVERHEAD"
1024 01 L.S. 129,500.00 1.00 129,500.00
AMOUNT TOTAL
129,500.00
}
C9623 CO #38 to MJK 3-5-22
Final Audit Report 2022-03-23
Created: 2022-03-23
By: Ray McNamara(McNamaR@wsdot,wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAAKmokRwsKzKdzwMAAhgoyBjILcKbTQ4R
"C9623 CO #38 to MJK 3-5-22" History
n Document created by Ray McNamara (McNamaR@wsdot.wa.gov)
2022-03-23-10:07:45 PM GMT-IP address:198.238.213.150
':.,› Document mailed to Kelly Griffith (kelly@maxkuney.com)for signature
2022-03-23-10:08:33 PM GMT
'5 Email viewed by Kelly Griffith (kelly@maxkuney.com)
2022-03-23-10:09:36 PM GMT-IP address: 107.1.80.106
8 Kelly Griffith (kelly@maxkuney.com) entered valid password.
2022-03-23-10:09:49 PM GMT
C56 Document e-signed by Kelly Griffith (kelly@maxkuney.com)
Signature Date:2022-03-23-10:10:08 PM GMT-Time Source:server-IP address:107.1.80.106
02) Agreement completed.
2022-03-23-10:10:08 PM GMT
•
13 Adobe Sign