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20-135.01 Widener & Associates: Pines BNSF Grade Separation CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND COWLING& COMPANY DBA WIDENER&ASSOCIATES Spokane Valley Contract#20-135.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and the Cowling&Associates dba Widener&Associates mutually agree as follows: 1. Purpose: This Amendment is for the Contract for environmental,engineering services by and between the Parties,executed by the Parties on August 24,2020,and which terminates on December 31,2023. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows,or attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The compensation pursuant to Paragraph 3 is amended from$86,676.40 to$167,016.20. The Scope of Work,(Exhibit B)of the Original Contract,is hereby amended to include the additional tasks and/or services described in the attached scope of work. 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount August 24,2020 $ 86,676.40 Amendment#1 $ 80,339.80 Total Amended Compensation $167,016.20 The parties have executed this Amendment to the Original Contract this day of July,2022. CITY OF SPOKANE VALLEY: COWLING&COMPANY,LLC.DBA WI ENER&ASSOCIATES:0 ohn Hohman By. /, City Manager Its: C r v APPROVED AS TO FORM: Office e City Atto e 1 Exhibit A S""okan "~ p Valle City of Spokane Valley, WA Pines Road/BNSF Grade Separation Project No. 0223 Environmental and Permitting Supplement Prepared by: Widener and Associates LLC July 6, 2022 PROJECT DESCRIPTION A. Project Description The objective of this project is to improve safety by developing a grade-separated facility at the intersection of Pines Road and the BNSF Railway railroad tracks. The supporting environmental document will be developed using relevant portions of the FHWA and WSDOT NEPA Categorical Exclusion(CE)prepared for the entire suite of Bridging the Valley(BTV)projects and approved in 2006. The project will be submitted to the FRA as well as WSDOT (representing FHWA) for approvals. FRA will be the lead agency for the environmental review. It is also anticipated that BNSF will construct the rail bridges necessary for the grade separation. Task 1.0 ENVIRONMENTAL DOCUMENTATION 1.1 Design Assistance and Agency/BNSF Coordination The Consultant will continue to assist the City in presenting the design to both the state and federal permitting agencies to identify regulatory issues and address potential minimization measures for the design. All permitting issues and the recommended permitting process for the preferred alternative will be documented in the project TS&L report. It is assumed that this effort will be accomplished with the graphics and design drawings required to complete the TS&L and to conduct the open houses and that no other special presentation materials are required. DELIVERABLES • The Consultant's permitting specialist will prepare meeting minutes and memoranda documenting the coordination activities with FRA and FHWA/WSDOT agencies, as required. • Coordination with BNSF to ensure the project is acceptable for them to construct the bridges. 1.2 Section 106 Report(Cultural and Historic Resources) This supplemental work includes completion of the Historic Property Inventory(HPI) documentation for all houses in and adjacent to the project APE as required by SHPO, creation of a report to summarize and describe HPI findings and coordination with SHPO on all questions and comments. This scope includes mapping,photographing, and recording all houses in and adjacent to the APE on Washington State Archeological Inventory forms and submittal to the state Office of Archeological and Historic Preservation(OAHP)for Smithsonian numbers.Every effort will be made to include Tribal cultural resources personnel in assisting the field effort. DELIVERABLES • One(1)electronic PDF of the updated Section 106 Report will be prepared The report will include summary background information appropriate to a cultural resources City of Spokane Valley Environmental Pine Road/BNSF Grade Separation—Phase II Scope of Services July 6,2022 assessment of the project area, including environment,previous cultural resources studies, ethnography/ethno history, and history. A discussion of agency and Tribal consultation,methodology,the results of the investigation, and a map of located archaeological sites will be provided. Recommendations will also be extended to any cultural resources that may be significant. Monitoring of construction excavation recommendations may also be included. The historic structures inventory form and/or archaeological site inventory form will be attached to the report as an appendix. • One (1) electronic PDF of a revised draft Section 106 report incorporating City comments. • Three copies of a final Section 106 report incorporating FRA and FHWA/WSDOT comments. 1.3 Critical Areas Permit The applicant shall submit a critical area report subject to the requirements of SVMC 21.40.015 and any other additional reporting requirements for each relevant critical area type, as addressed in SVMC 21.40.025 (wetlands), SVMC 21.40.036 (fish and wildlife habitats), SVMC 21.40.041 (special flood hazards), SVMC 21.40.054 (geologic hazards), and SVMC 21.40.063 (critical aquifer recharge areas). The following generally applicable standards apply to all critical area reports: A.All critical area assessments, investigations, studies,plans, and reports shall be completed by a qualified professional. B. At a minimum, all critical area reports shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit(s)requested. 2. The dates,names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site. 3.A statement from the qualified professional certifying that the report meets the critical area requirements set forth in Chapter 21.40 SVMC. 4.A description of the proposed use or activity in sufficient detail to allow analysis of such proposal upon identified critical area. 5.List of all references and assumptions. 6. A scaled site plan with dimensions showing: a. Critical areas and their buffers; b. Ordinary high-water mark(as applicable); c. Proposed and existing structures and related infrastructure; d. Clearing and grading limits and erosion control measures; e. Location of temporary and/or permanent construction signage and fencing to protect critical areas and buffers; f. Topographic contours at applicable intervals and/or spot elevations that clearly depict the existing and proposed topography; g. Fill and material storage locations; h. Staging areas; i. Proposed and existing drainage facilities and stormwater flow direction arrows; and j. Title,date, scale,north arrow,and legend. City of Spokane Valley Environmental Pine Road/BNSF Grade Separation—Phase II Scope of Services July 6,2022 7. Identification and characterization of all critical areas, water bodies, and buffers located on site, adjacent, and within 200 feet of proposed project areas. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland),the wider buffer applies. 8. Any additional information required by the City to adequately evaluate the potential impacts and required mitigation if applicable. The city manager or designee may modify the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately evaluate the potential impacts and required mitigation. 9. The city manager or designee may limit the scope of the required critical area report to include only that part of a site affected by a development proposal. C. If a critical area or associated buffer impacts are proposed, or if a project has the potential to indirectly affect a critical area or buffer, such as by changing drainage pathways upslope of a critical area,the critical area report shall also contain the following: 1.A mitigation plan that contains a description of the application of mitigation sequencing and offsetting of impacts pursuant to SVMC 21.40.016 and 21.40.017. The approved plan shall contain clear and measurable standards and a schedule for achieving compliance with the specific provisions of the plan. 2.A discussion of the performance standards applicable to the critical area and proposed activity. 3.A mitigation monitoring plan pursuant to SVMC 21.40.017(C). (Ord. 17-004 § 3,2017; Ord. 16-018 § 6(Att. B),2016). DELIVERABLES • Electronic copy of the draft Critical Areas Report will be provided. • Electronic copy of the final Critical Areas Report will be provided incorporating City comments. • Electronic copy of the final Critical Areas Report will be provided incorporating FRA and FHWA/WSDOT comments if required. It is assumed that FRA and FHWA/WSDOT comments will not alter the basic conclusion of the documentation or require further alternative studies. 1.4 NPDES Permit Services will be provided to This scope of work provides for the Notice of Intent for the NPDES permit. The following tasks will be performed: 1. Complete the Notice of Intent(NOI)Application. 2. Complete a Public Notice for NOI and publish once approved by the City. 3. Transfer the NPDES permit to the selected Contractor for the City. DELIVERABLES • NOI application • Published public notice • Transfer of permit City of Spokane Valley Environmental Pine Road/BNSF Grade Separation—Phase II Scope of Services July 6,2022 1.5 Shoreline Permit Widener will assemble and organize all necessary environmental applications to the standards required by the City for the Shoreline permit. Permit applications shall include all required information such as application forms,all necessary permit drawings, an attachment describing project location,project purpose and need, alternatives considered, and a summary of project impacts. Widener shall also provide a draft transmittal letter for submittal of the application by the City. Draft applications, including supporting information, shall be submitted to the City for review and comment. Revised permit applications shall be provided to the City for signature and submittal to the planning department. Widener shall perform the necessary coordination to obtain the permits. DELIVERABLES • Electronic copy of the draft Shoreline application will be provided. • Electronic copy of the final Shoreline application will be provided incorporating City comments. City of Spokane Valley Environmental Pine Road/BNSF Grade Separation—Phase II Scope of Services July 6,2022 Project Name Pines Rd. BNSF Railway Grade Separation Client Erica Amsden Spokane Valley Location Spokane Valley,WA Date 5/22/2022 Project Project Manager Biologist Hours Hours 1.1 Design Assistance and Agency Coordination/BNSF 100 30 1.2 Section 106 Report(Cultural and Historic Resources) APE 8 16 Coordination and review 44 33 1.3 Critical Areas Permit Draft 16 45 Final 12 24 Design Support 16 20 1.4 NPDES Permit Draft 2 8 Final 4 6 1.5 Shoreline Permit Draft 20 30 Final 20 30 Total hours 242 242 Summary Hours Rate Cost Project Manager 242 $177.60 $42,979.20 Project Biologist 242 $86.80 $21,005.60 Total Labor $63,984.80 Expenses-Task 1.2 Cultural Resources Field Work $16,355.00 TOTAL ESTIMATED COST $80,339.80 Widener & Associates Cowling&Co.LLC 1902 120TH Place SE,Suite 202 Everett,WA 98208 Client#: 1429442 COWLICO ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)2lzs/2o22 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Select NW Region USI Insurance Services LLC PHONE(A/C,No,Eat):877 678-5842 FAX (A/C,No): 610-362-8530 601 Union Street,Suite 1000 ADE-MDRAILESS: Select@usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# 206 441-6300 INSURER A:Sentinel Insurance Company Ltd. 11000 INSURED INSURER B:Continental Casualty Company 20443 Cowling And Co., LLC INSURER C: DBA Widener&Associates INSURER D 1902 120th PL SE,Suite 202 INSURER E: Everett,WA 98208-6292 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. INRR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/LDDY/YYYY) (MM/DDY/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 52SBUAE1390 01/28/2022 01/28/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR ppqq��ppi ENTED PREMI aoccurrence) $1,000,000 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 ECOT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X 52SBUAE1390 01/28/2022 01/28/2023 (Ea COMBaccident)INED SINGLE LIMIT $2,000,000 _ ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Y PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 52SBUAE1390 01/28/2022 01/28/2023 PER X ORTH AND EMPLOYERS'LIABILITY STATUTE Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional EEH591907501 02/17/2020 02/17/2023 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Project#0223, Pines Road/BNSF Grade Separation. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION City of Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Erica Amsden ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 44,4111 40. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #535116008/M34716736 IXSZP