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23-169.00 Sullivan Rd/SR 290 Interchange Project #0311Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 23-169 Firm/Organization Legal Name (do not use dba's): KPFF Consulting Engineers, Inc. Address Federal Aid Number 421 W. Riverside Ave, Ste 425, Spokane, WA 99201 STBGUL-NHFP-CRRSAA-9932(078) UBI Number Federal TIN 578063612 91-0755897 Execution Date Completion Date c Tc:,r�� IL-/, a z 3 December 31, 2025 1099 Form Required Federal Participation ❑ Yes 0 No 0 Yes ❑ No Project Title Sullivan Road/SR 290 Interchange - Phase 2: PS&E Description of Work This project is being accomplished in three (3) phases as described in Exhibit A, Scope of Work. Phase 2 includes design, environmental documentation and permitting services to support bidding the project for construction. 0 Yes 16% ❑ No DBE Participation Maximum Amount Payable: $3,195,832.68 ❑ Yes ❑ No MBE Participation ❑ Yes ❑ No WBE Participation ❑ Yes ❑ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures 23-169 GncalAgencv A&E Professional Services Agreement Number THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to .be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. .. _.. , 0 r. n....r ..,,:....,.� v,....,:— Aereement Number 23-169 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of thisAGREEMENT. In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: City Clerk Name: Mark Brower Agency: City of Spokane Valley Agency: KPFF Consulting Engineers, Inc. Address: 10210 E. Sprague Avenue Address: 421 W. Riverside Ave, Suite 425 City: Spokane Valley State: WA Zip: 99206 City: Spokane State: WA Zip:99201 Email: mpatterson@spokanevalleywa.gov Email: mark.brower@kpff.com Phone: 509.720.5102 Phone: 509.385.0922 Facsimile: N/A Facsimile: N/A IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. 23-169 ocal Agency A&E Professional Services Agreement Number V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. 23-169 d i...—."f V71Mhor A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (L) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E.Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. 23-169 '.nrn1 Aa wry A& E. Prnfes.sinnal ,S'ervices Agreement Number VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time- during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 23-169 A ,....♦ TT,.-h, VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. .nrnl Aannru AX&F Aoroomo"f Ahimhor 23-169 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either parry deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT 23-169 A....,,....... ..., 4 N , Ay r ' to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. 23-169 ocal Agency A&E Professional Services Ajereement Number Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Rob Lochmiller Agency: City of Spokane Valley Address: 10210 E. Sprague Avenue City: Spokane Valley State: WA Zip: 99206 Email: rlochmiller@spokanevalley.org Phone: 509.720.5010 Facsimile: NSA No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. 23-169 Aiwa ma t Mim ov XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-l(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. peal Agenev A&E Professional Servzees Aarop ,Pn} Mirmhor 23-169 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub - consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained, and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. 23-169 Aoroamvnt Numher The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub - consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. 23-169 ocal Azencv A&E Professional ,Services Agreement Number For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Signature September 5, 2023 Date 0e- cr zvz3 Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. 23-169 Agreement Number Project No. See Attached Exhibit A: Scope of Work Exhibit A Scope of Work 23-169 cal Agency A&E Professional Services Agreement Number SCOPE OF WORK SULLIVAN ROAD/STATE ROUTE 290 Interchange Reconstruction Project Final Design Submitted for: SC-Icivwv00000� OoKane ,;,oOValleys September 5, 2023 Prepared by: KPFF Consulting Engineers City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 2 of 45 TABLE OF CONTENTS WORKTASKS..............................................................................................................................................................................8 Task1.00 - Project Administration..................................................................................................................................8 Task 2.00 - Project Communication and Coordination............................................................................................8 Task3.00 - Project Schedule...............................................................................................................................................9 Task4.00 - Risk Management.............................................................................................................................................9 Task5.00 - Design Quality Program................................................................................................................................9 Task 6.00 - Topographic Survey Services and Right -of -Way Plans/Descriptions.....................................10 Task 6.10 - Supplemental Survey and Mapping.......................................................................................10 Task 6.20 - Right -of -Way Plans and Legal D.escriptions.......................................................................11 Task 7.00 - Environmental Services and Permitting..............................................................................................11 Task 7.10 - Design Assistance and Early Agency Coordination.........................................................11 Task 7.20 - Section 106 Report (Cultural and Historic Resources)..................................................12 Task 7.30 - Environmental Justice Survey..................................................................................................13 Task7.40 - ESA No Effect Letter.....................................................................................................................13 Task7.50 - Noise Study......................................................................................................................................14 Task 7.60 - NEPA Categorical Exclusion Documentation Form.........................................................15 Task 7.70 - Hazardous Materials Memo......................................................................................................16 Task7.80 - SEPA Exemption............................................................................................................................17 Task7.90 - BNSF C&M Agreement.................................................................................................................17 Task8.00 - Geotechnical Services..................................................................................................................................17 Task 8.10 - Geotechnical Project Setup........................................................................................................17 Task 8.20 - Geotechnical Explorations.........................................................................................................17 Task 8.30 - Geotechnical Design Services...................................................................................................19 Task 8.40 - Project Management....................................................................................................................21 Task 9.00 - BNSF Coordination and Submittals.......................................................................................................22 Task 10.00 - Inclusive Outreach and Public Engagement....................................................................................25 Task 10.10 - Community/Stakeholder Database.....................................................................................25 City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 3 of 45 Task10.20 - City Council Briefings................................................................................................................25 Task 10.30 - Stakeholder Briefings and Presentations To Community Organizations............ 25 Task 10.40 - Open House ..............••••••...................•• 25 Task 11.00 - Construction Methods and Maintenance of Traffic MOT Stud .........26 Task11.10 - Civil Engineering.........................................................................................................................27 Task 11.20 - Structural Engineering.............................................................................................................27 Task11.30 - Traffic Analysis............................................................................................................................27 Task 11.40 - Constructability Review/Cost Estimating ........................................................................ 29 Task 12.00 - Plans, Specifications and Estimated Construction Cost - 30% Design Package ..............29 Task12.10 - Civil Engineering.........................................................................................................................29 Task 12.20 -Structural engineering............................................................................................................. 30 Task 12.30 - Traffic beacons/Illumination/Signage..............................................................................30 Task 12.40 - Constructability Review/Cost Estimating/Construction Scheduling ................... 31 Task 13.00 - Plans, Specifications and Estimated Construction Cost - 60% Design Package ..............31 Task13.10 -Civil Engineering........................................................................................................................ 31 Task 13.20 -Structural engineering.............................................................................................................. 32 Task 13.30 - Traffic Beacons/Illumination/Signage..............................................................................33 Task 13.40 - Constructability Review/Cost Estimating/Construction Scheduling ................... 34 Task 14.00 - Plans, Specifications and Estimated Construction Cost - 90% Design Package ..............34 Task 14.10 - Civil Engineering ................................................34 Task 14.20 -Structural engineering............................................................................................................. 3 5 Task 14.30 - Traffic Beacons/Illumination/Signage..............................................................................35 Task 14.40 - Cost Estimating and Construction Schedule....................................................................36 Task 15.00 - Plans, Specifications and Estimated Construction Cost - 100% Design Package............ 37 Task 15.10 - Civil Engineering........................................................................................................... Task 15.20 -Structural engineering.................................................................................. ............................ 37 Task 15.30 - Traffic Beacons/Illumination/Signage •••••.......•••..•••.......• 38 ................... .39 Task 16.00 - Plans, Specifications and Estimated Construction Cost - Ad -Ready Construction Documents..................................................................................................................................................................... City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 4 of 45 Task16.10 - Civil Engineering.........................................................................................................................39 Task 16.20 - Structural engineering..............................................................................................................39 Task 16.30 - Traffic B eacons/Illuminati on/Sign age ..............................................................................39 Task17.00 - WSDOT Design Approval.........................................................................................................................40 Task 17.10 - Intersection/Channelization Plans......................................................................................40 Task17.20 - WSDOT Design Approval.........................................................................................................41 Task 17.30 - Project Development Approval.............................................................................................42 Task 17.40 - Transportation Management Plan.......................................................................................42 Task18.00 - Hydraulic Report........................................................................................................................................43 Task19.00 - Utility Coordination...................................................................................................................................44 Task20.00 - Bid Support Services.................................................................................................................................44 Task20.10 - Pre -Bid Meeting...........................................................................................................................44 Task 20.20 - Respond to Bidder Questions................................................................................................44 Task2 0.3 0 - Prepare Addenda........................................................................................................................45 City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 5 of 45 SCOPE OF WORK Introduction Project Background The Sullivan Road Corridor provides connections that are significant to local, regional, and interstate services that include shopping malls, industrial parks, freight companies, and other commercial businesses. This corridor connects Bigelow Gulch Road and Interstate 90 (I-90). Peak - hour traffic volumes are expected to nearly double along the Sullivan Road Corridor as a result of improvements to Bigelow Gulch Road. The Sullivan Road Corridor Study performed in 201S looked at traffic impacts and made recommendations for both short- and long-term planning. The study analyzed future traffic growth between I-90 and Wellesley Avenue and determined future improvements were needed to maximize safety and efficient movement of both motorized and non -motorized users. Recommendations from the Sullivan Road Corridor Study included widening Sullivan Road from SR290 to the Wellesley Avenue, improving the SR290 interchange, and accommodating a future shared -use path. Project Purpose The purpose for the Sullivan Road/SR290 Interchange Reconstruction project is to further develop and evaluate the recommendations from the Sullivan Road Corridor Study as they relate to the Sullivan Road/SR290 Interchange. This project has three phases, described below. Phase 1- Alternative Analysis and Evaluation Study Phase 1 work has been completed. The alternative analysis and evaluation study resulted in the selection of the preferred alternative for the reconstruction of the interchange, Diamond Interchange with Roundabouts. This interchange selection is now being advanced into Phase 2 of the project. Phase 2 - Plans, Specifications and Cost Estimate Phase 2 is included in this scope of work and shall include: • Completion of 60%, 90%, and 100% Design Packages • Ad -Ready Construction Documents • Contract Specifications • Cost Estimate • Permitting • Inclusive Outreach and Public Engagement • Bid Assistance City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 6 of 45 Phase 3 - Construction Management Phase 3 is not part of this scope of work. Phase 3 includes construction management and construction support services for the completion of the project. Project Objectives The objectives of Phase 2 of the project include: • Providing final design culminating in ad -ready construction documents. • Engaging the public, property owners, stakeholders, and business owners. • Coordinating and obtaining approval from BNSF, WSDOT, and the City Council and other City departments. • Obtaining required permits. • Acquiring needed right-of-way and temporary/permanent easements. • Positioning the project for future funding opportunities. Project Team and Services The project team shall perform the following services to deliver Phase 2 for the project as directed by the City: • Owner/Project Manager - City of Spokane Valley • Prime Design - KPFF Consulting Engineers • Civil Engineering - KPFF Consulting Engineers • Structural Engineering - KPFF Consulting Engineers • Traffic Analysis - Fehr and Peers • Traffic Beacons/Signals/Illumination - DKS • Geotechnical Engineering- HWA • Land Surveying - KPFF Consulting Engineers • Environmental Permitting Services -Widener & Associates • Stakeholder/Public Outreach - KPFF Consulting Engineers • Constructability/Cost Estimating/Construction Scheduling/Risk Assessment - Ott -Sakai General Project Assumptions Following are general assumptions for the project. • WSDOT standard bid items shall be used for all items on the project unless unavailable for items specified by special provisions. • WSDOT shall review and approve project elements that could affect SR290. • The budget may be moved from one task to another at the discretion of KPFF by notifying the CITY of the change, as long as the overall budget is not exceeded. • Project deliverable standards: 0 Auto CAD 2020, with Civil 3D. city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 7 of 45 o Plan sheets shall bear the CITY's Title Block. o StormShed, MGS Flood, MS Excel and/or other hydrologic and hydraulic software shall be utilized for drainage design. o AGI32 software shall be used for illumination design. o MS Excel shall be utilized for spreadsheets. o MS Word shall be utilized for word processing. o MS Project shall be utilized for scheduling. o MS PowerPoint shall be utilized for presentations. o AutoTurn for Auto CAD 2020 shall be utilized to evaluate vehicle turning movements. o ESRI ArcGIS products shall be used for the processing and presentation of geospatial information. Key Project Milestones Key Project Milestone Estimated Completion Date NTP October 2023 Construction Sequence Verification December 2023 30% PSE Design Package May 2024 60% PSE Design Package October 2024 NEPA Concurrence November 2024 90% PSE Design Package March 2025 100% PSE Design Package (Permit) May 2025 Ad -Ready Construction Documents June 2025 City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 8 of 45 WORK TASKS Task 1.00 - Project Administration KPFF shall provide services required to manage the contract, enter into professional agreements with subconsultants, prepare and process monthly invoicing, progress reporting and tracking of scope, schedule and budget. Monthly invoicing shall include progress reporting that demonstrates work accomplished during the invoice period, anticipated work in the next invoice period, and percent complete for each task. Assume 24-month project duration from NTP thru bid period. DELIVERABLES • Monthly progress reports and invoices (24) Task 2.00 - Project Communication and Coordination KPFF shall partner and coordinate with the City through voice and written correspondence to accomplish the project. KPFF shall have ongoing responsibility to ensure the -team is updated on necessary project tasks and has the required information to complete them. KPFF shall facilitate project coordination meetings with the City and with the project team as outlined here: • Team meetings o Participation in project meetings with the City o Participation in internal consultant team meetings ASSUMPTIONS • Meetings will be held virtually (via MS Teams or similar) and shall include: 0 1 hour for preparation 0 1 hour for meeting 0 1 hour for summary notes • Total meetings per team member: o KPFF Consulting Engineers: ■ Project Manager 24 meetings ■ Civil Lead 24 meetings ■ Structural Lead 24 meetings ■ Survey 2 meetings ■ Outreach 8 meetings o Fehr and Peers 6 meetings o DKS 6 meetings o HWA 8 meetings City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 9 of 45 o Widener & Associates 12 meetings o DCI Engineers 8 meetings o Ott -Sakai 8 meetings DELIVERABLES • Meeting agendas, attendance and summary notes Task 3.00 - Project Schedule A project design schedule shall be created in Microsoft Project spanning the life of the project. The schedule shall be updated on a quarterly basis. DELIVERABLES Project schedule in both Microsoft Project and pdf formats Project schedule with quarterly updates. Task 4.00 - Risk Management The Consultant shall track known project risks in a risk matrix. The matrix shall be reviewed and addressed at each coordination meeting with the project team and City. Mitigation strategies and tactics shall be deployed and evaluated as required to manage project risks. The Consultant shall evaluate construction related risks from the matrix using WSDOT's "Project Risk Analysis Model" to help inform cost estimates. The tool shall be run two (2) times. Once prior to the 90% cost estimate and prior to the final cost estimate. KPFF shall review model predictions with the City and make one round of adjustments for each model run. DELIVERABLES Risk management matrix with updates Project risk analysis model runs at 90% PSE design package and for final cost estimate. Task 5.00 - Design Quality Program The Design Quality Program shall include both Design Quality Control (DQC) and Design Quality Assurance (DQA). Design Quality Control is the first step and shall be led by the "front-line" design engineers and drafters, as well as senior discipline reviewers assigned to this project. Design Quality Assurance is the process of providing a peer level review to ensure project level DQC checks have occurred and to verify all comments have been addressed. The two-step process shall follow the written procedures developed in the Design Quality Program. The Design Quality Program is intended to be a living document that is updated on an as needed basis. The Design Quality City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 10 of 45 Assurance Manager (DQAM) is responsible for updating the DQP throughout the duration of the project. DELIVERABLES • Draft QCP Document • Final QCP Document Task 6.00 - Topographic Survey Services and Right -of -Way Plans/Descriptions TASK 6.10 - SUPPLEMENTAL SURVEY AND MAPPING KPFF shall augment the previous topographic and boundary survey work completed during Phase 1 with the following activities: • Updating utility locates • Supplemental survey as defined below (assume two days for this effort): o SR290: an additional 400 feet to the west o SR290: an additional 450 feet to the east o Progress Road: 250 feet north of SR290 o Sullivan Road: 1200 feet north to E. Wellesley Avenue o E. Upland Drive: 200 feet west of Sullivan Road o Intersection of Sullivan Rd and E. Kiernan Ave with additional 200 ft of E. Kiernan Ave east and west of Sullivan Rd. City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 11 of 45 DELIVERABLES Updated AutoCAD basemap in 2020 format; the surface file shall be a Civil 3D surface. TASK 6.20 - RIGHT-OF-WAY PLANS AND LEGAL DESCRIPTIONS KPFF shall prepare right-of-way plans for up to fourteen (14) parcels. Right-of-way plans will be prepared to WSDOT standards for review and approval and sealed by a professional engineer licensed in WA State. A separate set of right-of-way plans will be formatted per the City of Spokane Valley CAD Standards for appraisal and acquisition activities and sealed by a professional engineer licensed in WA State. Assume one review cycle for each set of right-of-way plans. KPFF shall prepare legal descriptions and exhibits for each acquisition parcel (up to fourteen (14)). Legal descriptions will be prepared using the lines and computations developed for the right-of-way plans and will be sealed by a professional engineer licensed in WA State. Assume one review cycle for each set of right-of-way plans. No field staking of proposed rights-of-way/easements is assumed. DELIVERABLES Draft and Final Right -of -Way Plans (WSDOT Format) Draft and Final Right -of -Way Plans (City Format) Draft and Final Legal Descriptions Task 7.00 - Environmental Services and Permitting Widener and Associates (Widener) shall work with the Project Team to assess, prepare and obtain final approval of SEPA, NEPA and environmental permits from the appropriate regulatory authorities for the proposed projects. The scope of this work provides for the completion of the necessary NEPA documents and completing the NPDES permit. The work will be performed in accordance with WSDOT LAG manual. The following tasks are anticipated: TASK 7.10 - DESIGN ASSISTANCE AND EARLY AGENCY 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. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 12 of 45 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 TASK 7.20 - SECTION 106 REPORT (CULTURAL AND HISTORIC RESOURCES) This work would include the preparation of the Section 106 report in accordance with the State Historic Preservation Office standards and guidelines. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. The Consultant will maintain contact with the local tribes for any information on historic Indian use of the project area. 3. A systematic field reconnaissance will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground -disturbing activities are expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area. Shovel probes (digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to have a high probability for cultural resources. Shovel probes will be augmented through auger probes to explore the deepest possible deposits. Shovel probes will be screened in highly probable areas and in soil matrixes too dense to identify small chipping debris. 4. All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted 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. Rights -of -entry will be provided by the City. DELIVERABLES • The draft Section 106 Report will be prepared to describe cultural resources identified in the project area to meet state and federal standards for reporting as outlined in the guidelines provided by the OAHP. The report will include summary background information appropriate to a cultural resources 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 City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 13 of 45 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 inventoryform and/or archaeological site inventory form will be attached to the report as an appendix, One (1) electronic PDF copy of the form and required attachments. • One electronic copy of a revised draft Section 106 report incorporating the City's comments. • Three copies of a final Section 106 report incorporating WSDOT comments. TASK 7.30 - ENVIRONMENTAL JUSTICE SURVEY Services required to complete an environmental justice (EJ) analysis includes the following main components: 1. Collecting demographic data for the project area using local data sources and the US Census Data. 2. Identifying any environmental justice populations in the area (minority or low- income populations). 3. Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project planning and decision -making. 4. Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. DELIVERABLES • The draft EJ documentation will be provided, One (1) electronic PDF copy of the form and required attachments. • The final EJ documentation will be provided incorporating City comments, One (1) electronic PDF copy of the form and required attachments. • The final EJ documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies, One (1) electronic PDF copy of the form and required attachments. TASK 7.40 - ESA NO EFFECT LETTER A BA will be prepared for the preferred alternative in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the project No Effect Letter. 1. Collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high -quality City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 14 of 45 ecosystem data from WDNR. This information will be reviewed and a consultation strategy will be developed. 2. Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries by preparing written requests for lists of endangered, threatened, proposed, and candidate species. 3. Conduct a field reconnaissance to investigate on -site habitat conditions. 4. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. S. Prepare a draft No Effect Letter addressing listed species, proposed species, candidate species, species of concern, and critical habitat. The No Effect Letter will include a project description, a list of species, a description of the species and their habitat, an analysis of project effects, and mitigation recommendations. 6. Provide the draft No Effect Letter to the City for review and approval. 7. Revise the No Effect Letter as appropriate, and submit the final No Effect Letter to WSDOT for approval DELIVERABLES • Draft No Effect Letter for review by City with accompanying draft special provisions if required, One (1) electronic PDF copy and required attachments. • Draft No Effect Letter incorporating the City's comments, for submittal to WSDOT. • Final No Effect Letter, incorporating comments by WSDOT. TASK 7.50 - NOISE STUDY The purpose of the Traffic Noise Report is to evaluate traffic noise levels at sensitive receptors near the project that would be potentially affected by traffic noise and to identify potential mitigation measures. The Traffic Noise Report will be developed in accordance with the Washington State Department of Transportation's Environmental Procedures Manual. 1. Sound Level Measurements: After review of the proposed project alternatives the Consultant shall visit the project area to identify potentially sensitive noise receivers and to take measurements of existing sound levels. The Consultant will measure existing noise levels during the peak hours to be used in calibrating the noise model. Measurements will be undertaken in accordance with WSDOT and FHWA guidelines and will be made with a Type 1 sound level meter. During these measurements, sources of existing noise and topographical features will be noted, and traffic speeds and vehicle numbers and mix will be noted. 2. Construction Noise Impact Evaluation: The noise analysis will evaluate potential short-term impacts of noise from construction activities. Construction noise on nearby sensitive receptors will be evaluated based on estimates published by the U.S. Environmental Protection Agency (EPA) of maximum noise City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 15 of 45 levels of typical construction equipment in conjunction with simple distance attenuation. Computer modeling of construction noise levels will not be performed. 3. Traffic Noise Impact Evaluation: The Consultant will evaluate traffic noise impacts using the FHWA Traffic Noise Model (TNM) to estimate future traffic noise levels for the worst -case build alternative. The worst - case scenario will be selected from among the build alternatives, and will be chosen based on expected future traffic volumes and the location of the alignment relative to sensitive receivers. The noise modeling will predict PM peak -hour Leq noise levels from traffic at a maximum of fifteen (15) receptor locations that could be affected by the proposed project and will consider existing conditions and design year conditions. Modeling to calculate noise contour lines is not included. 4. Mitigation Analysis: The Consultant will identify mitigation measures to reduce noise levels during construction. If predicted long-term traffic noise levels from operation of the project would cause noise impacts, mitigation measures will be developed in cooperation with the lead agency and design engineers. Mitigation analysis, if required, will include evaluation of the effectiveness and general size and location of natural and man-made noise barriers using the TNM model. DELIVERABLES • One (1) electronic PDF of a draft Traffic Noise Analysis Report for review by County with accompanying draft special provisions if required. • One (1) electronic PDF draft Traffic Noise Analysis Report, incorporating the County's comments, for submittal to FHWA/WSDOT. • Three copies of a revised draft Traffic Noise Analysis Report, incorporating comments by FHWA/WSDOT, for submittal for approval. TASK 7.60 - NEPA CATEGORICAL EXCLUSION DOCUMENTATION FORM The Consultant will prepare a NEPA Categorical Exclusion Documentation Form (CE) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 300.04). The CE will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. ASSUMPTIONS The project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 16 of 45 DELIVERABLES • Draft NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy and required attachments. • Final NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy and required attachments. TASK 7.70 — HAZARDOUS MATERIALS MEMO A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the overcrossing project. Sites with potential for environmental issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present or those with strong pungent or noxious odors. The scope of services for this study will include; 1. A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 2. A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 3. Conduct a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. 4. A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on -site or off -site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. DELIVERABLES • A draft Hazmat Memo will be provided. • A draft of the Hazmat Memo will be provided incorporating City comments. • The final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 17 of 45 TASK 7.80 - SEPA EXEMPTION The Consultant shall complete appropriate SEPA documentation including all needed studies, modeling, and analysis in accordance with State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-11). The Consultant will coordinate with the City to address comments on the SEPA Checklist and provide support for the SEPA process. DELIVERABLES • SEPA Checklist TASK 7.90 - BNSF C&M AGREEMENT The consultant will work with BNSF and the City to complete the necessary C&M agreement to complete the project. In addition the Consultant will also complete any temporary access permits and arrange and pay for flagging as needed. DELIVERABLES DRAFT C&M Agreement Final C&M Agreement with Attachments • Access Permits and Flagging Task 8.00 - Geotechnical Services To complete this work HWA proposed to perform the following tasks: TASK 8.10 - GEOTECHNICAL PROJECT SETUP • Project Setup: HWA shall initiate the project and set up billing information in support of invoicing throughout the project. • Attend Project Kickoff Meeting: HWA shall participate in one project kickoff meeting with the City of Spokane Valley and the design team. This meeting shall review project objectives, communication protocol and schedule. HWA assumes this meeting shall be virtual. • Collect and Review Available Geotechnical Data: HWA shall review readily available geotechnical information along the project corridor. This review shall include online geotechnical databases, geologic maps and HWA library. TASK 8.20 - GEOTECHNICAL EXPLORATIONS Plan Geotechnical Field Exploration Program: HWA shall plan and coordinate the geotechnical exploration program for the project. The exploration program shall consist of drilling a series of borings to provide data for design of the proposed improvements. City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 18 of 45 • Perform Geotechnical Site Reconnaissance and Mark Utility Locates: Two HWA geotechnical engineers shall conduct a geotechnical site reconnaissance of the project area. This reconnaissance shall be used to identify geotechnical challenges and to assist in planning the geotechnical exploration program. While on site, HWA shall mark the proposed exploration locations and arrange for utility locates using the Utility Notification Center. • Verify Utility Locates: HWA shall coordinate with the City to have local staff photograph the utility locate marks and provide the photo documentation to HWA to review prior to finalizing our traffic control plans. • Develop Traffic Control Plans for Geotechnical Explorations: HWA shall coordinate with the City and design team to develop site specific traffic control plans for each proposed geotechnical exploration. HWA assumes that traffic control shall consist of single lane closures within a multi -lane roadway for all exploration within the roadway. HWA assumes that all explorations outside of the roadway shall be completed using a shoulder closure or work. behind traffic control setup. • Generate Geotechnical Exploration Work Plan Memo: HWA shall prepare a Geotechnical Work Plan Memoranda for the proposed field work. The work plan shall be submitted to the design team and the City for review and approval. The work plan shall detail the type, location, and extent of proposed field explorations along with logistics necessary to perform the work such as traffic control plans and staging areas. The work plans shall also be used for utility locating clearances and for permitting that may be necessary to access the exploration locations. HWA assumes the City or KPFF shall coordinate any required WSDOT, BNSF, or city permits and arrange for rights of entry. Additionally, any fees associated with these tasks shall not be the responsibility of HWA. • Conduct Geotechnical Explorations: HWA shall conduct a three-phase exploration program in support of the design of the proposed improvements. Each proposed phase is described below. • Phase 1: HWRs proposed phase one geotechnical explorations are proposed to consist of drilling a series of 9 geotechnical borings within the travel lanes of N Sullivan Road. Each of these borings shall be drilled through the existing pavement. Five boring shall be drilled to the North of the SR 290 interchange in the vicinity of proposed fill walls and intersection improvements. Each of these borings is proposed to be drilled to a depth of 20 feet below existing ground surface. One boring shall be drilled at the location of each proposed bridge abutment (total of 4 borings). Each bridge abutment boring is proposed to be drilled to a depth of 7S feet below ground surface. Upon completion of each Phase 1 exploration, the pavement shall be patched with quick drying none shrink grout or cold patch asphalt. No hot mix asphalt patching is proposed. Traffic control for the Phase 1 explorations is expected to consist of single lane closures along a multi -lane roadway. We assume that flaggers shall not be required. city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 19 of 45 • Phase 2: HWA's phase 2 explorations are proposed to consist of drilling a series of 8 limited access geotechnical borings at the location of proposed retaining walls and stormwater facilities. Each of the Phase 2 explorations is proposed to be drilled to depths of 20 to 30 feet below ground surface. • Phase 2: explorations shall be completed off the shoulder of SR 290 and N Sullivan Road. Where explorations are to be in close proximity to the BNSF tracks, HWA proposes to position the boring more than 25 feet from the tracks to avoid the need for a BNSF flagger. Traffic control required to complete the Phase 2 explorations is expected to consist of shoulder closure or work behind shoulder. No flaggers are expected to be need. • Phase 3: HWA's Phase 3 explorations are proposed to consist of drilling a series of four, 6- inch diameter, pavement cores through the existing pavement to identify existing pavement thickness and subgrade conditions. Upon completion of each Phase 3 exploration, the pavement is proposed to be patched with quick drying none shrink grout or cold patch asphalt. No hot mix asphalt patching is proposed. Traffic control for the Phase 3 explorations is expected to consist of single lane closures along a multi -lane roadway. We assume that flaggers shall not be required. The Phase 3 pavement cores are expected to take up to 2 working days to complete. • Each of the above -described phases of geotechnical explorations shall be logged by an HWA geologist or geotechnical engineer. All drilling spoils shall be drummed and transported off site for disposal by the driller. Generate Boring and Core Logs and Assign Laboratory Testing: HWA shall prepare summary boring and pavement core logs and perform laboratory testing to evaluate relevant physical properties of the site soils. Laboratory testing shall include moisture content, hydrometers, grain -size distribution, and Atterberg Limits. TASK 8.30 - GEOTECHNICAL DESIGN SERVICES • Evaluate Field and Laboratory Data: Based on the borings and the laboratory test results on selected samples, HWA shall generate estimates of the soil strength and other properties needed to evaluate the effects the subsurface conditions shall have on the proposed improvements. Generate Geologic Cross Sections: HWA shall generate up to 5 geologic cross sections across the project site to assist in design of proposed improvements. Generate AASHTO seismic design parameters: Based on the soils encountered along the alignment, HWA shall determine the Site Class for seismic design. The design spectral acceleration parameters shall then be selected in accordance with the AASHTO Specifications for Road and Bridge. • Develop Retaining Wall Recommendations: HWA shall provide recommendations for design of retaining structures. We expect that proposed retaining walls shall consist of SEW walls or gravity block walls. City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 20 of 45 • Conduct Luminaire Foundation Design: HWA shall provide geotechnical recommendations for design and construction of luminaire improvements. We assume that luminaire foundations shall be designed based on WSDCT standard plans and procedures. • Fill Embankment Recommendations: HWA shall evaluate the subgrade soils and provide recommendations for structural fill, compaction and subgrade preparation in areas designated for fill placement. • Conduct Infiltration Analyses and Provide Recommendation: HWA shall evaluate grain size analyses data obtained during explorations and the results of the infiltration testing to determine an appropriate design infiltration rate for the site. This evaluation assumes that the subsurface soils at the project site have not been overridden by the glacial advance. • Bridge Foundation Design Recommendations. HWA shall develop recommendations for the bridge foundations. • Pavement Design: HWA shall develop recommended pavement thickness for new pavement areas. HWA assumes that anticipated traffic volumes shall be provided by the City or design team. HWA will provide pavement design recommendations for both HMA and concrete pavements. • HWA QA/QC: All design calculations and recommendations shall be reviewed by a senior principal prior to distribution to the design team or the City of Spokane Valley. • Project Coordination Meetings: HWA shall participate in up to eight (8) project coordination meetings. HWA assumes a 50/50 split for virtual and in -person meetings. • Prepare Draft Geotechnical Engineering Report: HWA shall prepare a draft geotechnical report for the project. This report shall contain the results of the explorations and analyses performed, including descriptions of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features; summary coring and boring logs; and laboratory test results. The report shall provide geotechnical recommendations for each of the proposed improvements. • Respond to Review Comments: HWA shall respond to one round of review comments, related to the draft geotechnical report, by the design team and the City. • Review project plans and Specifications: HWA shall review and comments on the plans and specifications at the 30 percent, 60 percent, and 90 percent milestones. HWA's review comments shall be provide to the design team in the form of emails. Prepare Final Geotechnical Engineering Report: HWA shall prepare a final geotechnical report for the project once review comments are provided. This report shall contain the results of the explorations and analyses performed, including descriptions of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features; summary coring and boring logs; and laboratory test results. The report shall provide geotechnical recommendations for each of the proposed improvements. city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 21 of 45 TASK 8.40 - PROJECT MANAGEMENT • Invoice Generation and Processing: HWA shall prepare monthly invoices, and progress reports for the duration of the design phase of the project. HWA assumes a project duration of 19 months. • Geotechnical Task Management: HWA shall provide task management to all geotechnical related aspects of the project. HWA shall correspond with the City and the design team in the form of meetings, emails, fax, and telephone calls, as necessary. ASSUMPTIONS • Up to seventeen (17) geotechnical borings shall be completed in support of design for the proposed improvements. • No infiltration testing other than grain size analysis is assumed for this scope and budget. • The subsurface explorations shall not be used to assess site environmental conditions. However, visual and/or olfactory observations regarding potential contamination shall be noted. Analysis, testing, storage, and handling of potentially contaminated soil and groundwater (either sampled or spoils from drilling) are beyond this scope of services. If contaminated soils and/or ground water are encountered, the material shall be properly contained on -site for disposal as mutually agreed upon without additional cost to HWA. • All non -contaminated drilling spoils and related debris shall be drummed on site and transported off site for disposal by the drilling subcontractor. • No groundwater monitoring wells will be installed. • Pavement repair at boring and pavement core locations shall not require hot mix asphalt patching. • No BNSF coordination or flaggers shall be required. • All required rights of entry or permits shall be provided by the City of Spokane Valley or KPFF at no cost to HWA. • The borehole locations shall be surveyed by others. • All explorations shall be conducted during the daylight hours with work windows of 8AM to SPM. • Anticipated traffic volumes and growth factors shall be provided to HWA by the team for pavement design at least two weeks prior to issuance of our final report. • The City or KPFF shall verify, and photograph locate marks and provide the photographs to HWA for planning of explorations. • The City shall provide a vacuum truck, if required, to clear utilities located near proposed explorations. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 22 of 45 • Soil samples shall be collected from the borings using the Standard Penetration Test (SPT) at intervals of approximately 21/2 feet in the upper 15 feet and approximately 5 feet thereafter. DELIVERABLES • Geotechnical Work Plan Memorandum • Draft Geotechnical Engineering Report • Final Geotechnical Engineering Report Task 9.00 - BNSF Coordination and Submittals The design of structures within the BNSF right-of-way shall meet the parameters outlined in Section 5 - Overhead Structures of the Union Pacific Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects dated May 2016. BNSF Review & Approval of Conceptual, 30% and 100% Designs. KPFF shall prepare submittals for BNSF Railway review in accordance with Section 3 - Submittals. BNSF Design Phase A Package (Concept Railroad Submittal) KPFF shall prepare the Concept Plans and Site Pictures in accordance with Table 3-1. KPFF shall prepare concept plans in advance of a one -day meeting and site visit with BNSF, City, WSDOT, and WUTC representatives. The concept shall be discussed at the site visit. Adjustments shall be made if required and then submitted to BNSF for review. This meeting will also include displays and a City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 23 of 45 discussion about any proposed design exceptions that the team is proposing as part of the design package. ASSUMPTIONS • KPFF will compile the BNSF Design Phase A Package. • KPFF PM, Bridge Lead, Transportation Lead and BNSF Coordination Lead will attend the meeting; assume up to 2 hours duration. • The office portion of the meeting will be held at the City's office. • The City PM will attend the meeting. DELIVERABLES • Draft BNSF Railway Design Phase A Package (Concept Railroad Submittal) - PDF • Final BNSF Railway Design Phase A Package (Concept Railroad Submittal) - PDF BNSF Design Phase B Package (30% Railroad Submittal) The following items will be developed for the 30% submittal: Bridge Plans KPFF shall prepare the 30% submittal bridge plans and will include responses to BNSF review comments from the concept submittal. The 30% Bridge Plans will show Plan View, Elevation View, and Typical Sections and the KPFF's response to BNSF's comments on the Concept Railroad Submittal. Construction Phasing Plans and anticipated construction methods will also be included. Plans will depict top of rail profile for 1,000 feet from the bridge each direction. The plans will include General Bridge Notes, a summary of bridge design criteria, and Crossing Exhibit for crossings that will be closed. This submittal package will also include related Specifications and railroad coordination requirements in draft form. Hydraulics Summary The 30% Railroad Submittal will include a Hydraulics Summary Report for culverts and drainage as it relates to the railroad. The report will document the existing and proposed drainage conditions to show existing drainage patterns are maintained. Railroad Profile Grade Diagrams KPFF shall prepare Railroad Profile Grade Track Diagrams for submittal with the 30% Design Package. DELIVERABLES Draft and Final BNSF Railway Design Phase B Package (30% Submittal Package) - PDF City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 24 of 45 BNSF Design Phase C Package (100% Railroad Submittal) The 100% submittal will be prepared and submitted to BNSF for review and approval and will include responses to BNSF review comments from the 30% submittal. Bridge Plans KPFF shall revise the bridge plans to reflect the 30% design review comments and finalize the railroad special provisions and railroad coordination requirements. KPFF shall prepare 100% Bridge Plans including Plan View, Elevation View, and Typical Sections. Finalized Construction Phasing Plans and anticipated construction methods along with the other sheets from the 30% submittal will be included. KPFF shall prepare the 100% Specifications. Railroad Profile Grade Diagrams KPFF shall finalize the Railroad Profile Grade Track Diagrams as part of the 100% Design Package. The package will also include responses to BNSF review comments on the 30% submittal. Final Hydraulics Summary Report The 100% Railroad Submittal will include a Final Hydraulics Summary Report for culverts and drainage as it relates to the railroad. It will also include responses to BNSF review comments on the 30% submittal. DELIVERABLES • Draft and Final BNSF Railway Design Phase C Package (100% Railroad Submittal) - PDF ASSUMPTIONS • KPFF staff will attend up to three (3) BNSF coordination meetings; each lasting two (hours), with the PM, Bridge Lead, Transportation Lead and BNSF Coordination Lead attending the meetings. • Shoofly and track design will not be required. • WSDOT standard specifications will be used as the template for the railroad special provisions. • BNSF does not require an agreement with CITY or payment to go through the Preliminary Engineering Agreement process (Phase A, B, and C Design Packages). The exception would be if BNSF needs to hire a 3rd party structural review which is not anticipated or included in this agreement. city of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 25 of 45 Task 10.00 - Inclusive Outreach and Public Engagement TASK 10.10 - COMMUNITY/STAKEHOLDER DATABASE Working from the study project database of businesses, community organizations, and interest groups; KPFF shall review and update the database to include any new contacts and record project interactions. New contacts shall be forwarded to KPFF. TASK 10.20 - CITY COUNCIL BRIEFINGS The KPFF project manager shall attend up to two (2) City Council meetings as part of this project at appropriate milestones to report progress to the Council and to support City staff representatives. These milestones shall likely be at 30% design level and at 90% design level. Preparation for the City Council meetings shall include developing graphics and a Microsoft PowerPoint presentation. TASK 10.30 - STAKEHOLDER BRIEFINGS AND PRESENTATIONS TO COMMUNITY ORGANIZATIONS In coordination with the City, KPFF shall ensure the area's community and neighborhood groups, businesses, nearby neighbors, and other stakeholders - identified in the City communication plan - are informed about the scope of the project, schedule, and opportunities for input. KPFF shall schedule up to eight (8) briefings/presentations. KPFF shall support City efforts to ensure that specific needs and concerns of stakeholders are documented and well understood. Attendance of the briefings/presentations shall be limited to up to three (3) members of the KPFF team. TASK 10.40 - OPEN HOUSE KPFF shall coordinate one (1) public open house meeting at appropriate milestone of the project for the public to meet with the project team, learn about the design, voice issues, and provide feedback.. It is intended to show pertinent aspects of the project design, and address concerns voiced previously (during the study phase) after sufficient design advancements have been completed. The meeting shall also include a strong focus on construction staging, to inform and illustrate how services and connections shall be facilitated; and, at key points, disrupted. Open house tasks include (for each meeting): • Development of a formal invite • Development of up to 10 display boards • Arranging the venue and staffing the event • Preparing a report summarizing the open house City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 26 of 45 CITY RESPONSIBILITIES • Prepare, print, and mail postcards to the public and identified stakeholders. • Provide a facility for the public open house. • Advertise the public open house in the newspaper. • Send open house notifications to local civic organizations. • Attend public open house. • Include public open house dates in the CITY newsletter and on the CITY project website. ASSUMPTIONS • Public open house shall each last for three (3) hours, including setup and takedown. • Up to five (S) KPFF team members shall attend the open house. • Public meeting displays shall be printed and mounted by the City. PROJECT COMMUNICATION MATERIALS KPFF shall assist the City in the design and draft of content, and shall coordinate review for the following external materials (including updates): • Project fact sheet • Frequently Asked Questions (FAQ) document • Project folio/brochure • Content and graphics for the project website ASSUMPTIONS • The City shall conduct meetings with stakeholders and citizens action committees, such as the Chamber of Commerce, bicycle and pedestrian groups, and other applicable stakeholders. • The City shall send invitations to public meetings and project -related events. • The City shall be responsible for any press releases that are issued related to the project. • The City shall be responsible for updating a project website. KPFF shall provide necessary information to the City, and the City shall maintain the website. The CITY shall provide KPFF with any feedback from stakeholders' and community members' use of the website. • The City shall be responsible for developing and distributing Fact and Frequently Asked Questions sheets if they shall be prepared for the project. KPFF shall provide necessary information to the City so that the City can publish and distribute this information. Task 11.00 - Construction Methods and Maintenance of Traffic (MOT) Study Prior to moving forward with project design, the project team shall study feasible construction approaches, develop potential work zones and develop temporary traffic control alternatives. It is city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 27 of 45 anticipated that these aspects of construction shall play a defining role in the final overall layout and geometry of the roadway and bridges. The goal of this study is to analyze feasible construction sequences and select the preferred method for construction prior to moving into design of the project components. TASK 11.10 - CIVIL ENGINEERING KPFF shall work closely with the City to develop a conceptual construction sequencing strategy. The preliminary location of the bridge and roadway geometrics shall be assessed and adjusted to accomplish the following goals: • Maximize lane capacity on Sullivan. • Maximize access to SR290 on ramps. • Minimize temporary closures of ramps and SR290 mainline. • Identify potential detour routes. DELIVERABLES • Conceptual construction sequencing figures (11x17, PDF) TASK 11.20 - STRUCTURAL ENGINEERING KPFF shall provide structural engineering services in support of the construction sequence analysis. Anticipated tasks include providing preliminary structural member configurations (e.g., bridge girder, foundation, and retaining wall layouts) as needed to develop a construction sequencing approach. DELIVERABLES • None TASK 11.30 - TRAFFIC ANALYSIS Project Management Fehr & Peers staff shall participate in up to 6 internal meetings with City and Consultant team staff over the course of the project. Invoices and progress reports shall be prepared monthly for months during which Fehr & Peers staff complete work. Finalize Intersection Control Evaluation Fehr & Peers will finalize the Intersection Control Evaluation (ICE) submitted to the City March 2, 2022 to reflect the preferred alternative that has been selected. This scope does not assume any substantive updates to the analysis completed for the ICE. City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 28 of 45 Vissim Traffic Simulation If determined by the City that more detailed traffic analysis of the preferred configuration is needed to support final design, Fehr & Peers shall develop a Vissim microsimulation model of the study area. The methodology and assumptions used to create the model shall be consistent with the WSDOT Protocol for Vissim Simulation. The model shall cover the Sullivan Road corridor between Wellesley Avenue and Kiernan Avenue, SR 290/Trent Avenue between Adams Road and Lillian Road, and the connecting ramps between the two roadways. Traffic counts recently collected by the City will be used for existing demand volumes. The model would be calibrated based on volume served and queuing observations. Fehr & Peers shall revise the Vissim microsimulation model to reflect the preferred configuration. Two models shall be run based on the forecasts developed for the WSDOT Intersection Control Evaluation: 2050 AM peak hour and 2050 PM peak hour. Analysis shall include level of service, queuing, and merge/diverge analysis to support design discussions within the team and with WSDOT. Findings shall be summarized in a brief technical memorandum, highlighting items that could be considered as potential design refinements. Maintenance of Traffic Fehr & Peers shall use the Synchro models developed for the WSDOT Intersection Control Evaluation to evaluate traffic operations during construction. The purpose of this analysis is to inform City and WSDOT staff about the magnitude of potential delays during construction. Fehr & Peers shall revise the existing condition Synchro model to reflect up to four construction phase layouts provided by KPFF. Traffic counts recently collected by the City will be used for existing traffic volumes. Fehr & Peers will manually reroute volumes depending on the construction phase. This scope does not include forecasting of diversion, traffic operations analysis outside the immediate construction area, or traffic control plans. Findings and recommendations to optimize signal timing during construction shall be summarized in a technical memorandum. Agency Coordination Fehr & Peers shall support the team in agency coordination, principally with WSDOT. This scope assumes Fehr & Peers staff shall attend up to 6 meetings with agency partners. DELIVERABLES • Draft and final preferred configuration simulation technical memorandum • Draft and final maintenance of traffic technical memorandum • Draft and final Transportation Management Plan City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 29 of 45 TASK 11.40 - CONSTRUCTABILITY REVIEW/COST ESTIMATING Ott -Sakai shall provide constructability review in support of the construction sequence analysis. Anticipated tasks include providing feedback to the project team related to construction means and methods as they relate to the site conditions and maintenance of traffic. In addition, Ott -Sakai shall provide opinions of cost for bid items determined by KPFF. DELIVERABLES • Draft and final Constructability Review Memo and Cost Estimates Task 12.00 - Plans, Specifications and Estimated Construction Cost - 30% Design Package TASK 12.10 - CIVIL ENGINEERING KPFF shall prepare 30% drawings for the PROJECT in accordance with City and WSDOT standards. In general, these plans shall convey the proposed horizontal locations of improvements and basic construction notes but shall not include specific construction details. It is anticipated that the 30% Plans shall include the following: • Cover and Vicinity Map • Roadway Typical Sections • Alignment Plans • Site Preparation and TESC Sheets • Paving Plans • Channelization and Signing Plans KPFF shall develop a construction cost estimate based on the APWA/WSDOT format. The unit costs shall be based on the KPFF's past project experience, WSDOT's historical bid analysis, and input from the City, and WSDOT. ASSUMPTIONS • All work shall be completed in AutoCAD 2020. No conversion to MicroStation shall be required. • Haul Route Figures/Diagrams shall not be required. • Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES • 30% Plans (11x17 PDF) 0 30% Quantities (PDF and Excel format) City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 30 of 45 TASK 12.20 - STRUCTURAL ENGINEERING KPFF shall perform the structural engineering work in support of the 30% design submittal, including 30% structural quantities and bid items necessary for cost estimating. KPFF shall provide technical special provisions for all non-standard, structural bid items. ASSUMPTIONS • Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES • 30% design Structural Plans (electronic copy) • 30% design Structural quantities (electronic copy) • 30% Cost Estimate (PDF and Excel format) TASK 12.30 - TRAFFIC BEACONS/ILLUMINATION/SIGNAGE DKS shall develop 30% design traffic plans and details for the following: • Sullivan Road Approaches • SR 290 Approaches • Roundabouts • Joint -Use Trail (From Approximately 400 ft south of the SR 290 interchange to the north approach of the intersection of Sullivan Road and Wellesley Avenue) The 30% Design Traffic plans shall be developed following the WSDOT Plan Preparation Plan Manual where needed. The 30% Design Traffic plans shall include the following: • Illumination Plans and Details • Beacon Plans and Details • Large format Highway Guidance Signage Details (Up to 8 signs) DKS shall develop traffic design cost estimates in unit bid format based on the 30% Traffic Design Plans. The 30% Design traffic plans and cost estimate shall be submitted to the City and WSDOT for review. ASSUMPTIONS • Agency review of the 30% Design Traffic Plans is assumed to be three weeks. • The lighting analysis shall be performed using AGI software. • Illumination design is limited to the ramp intersections, joint -use trail, and ramp approaches as required by WSDOT within the limits of this project. • The beacon design plans shall include the following for the SR 290 Ramps/Sullivan Road intersections: City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 31 of 45 o RRFB Plans and Details All traffic beacon plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Spokane Valley, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. The 30% Traffic Design Cost Estimates shall be delivered as part of the full 30% Design Cost Estimate. DELIVERABLES 30% Design Illumination Plans and Details • 30% Design Beacon Plans and Details • 30% Design Large Format Signage Details 30% Design Traffic Cost Estimate TASK 12.40 — CONSTRUCTABILITY REVIEW/COST ESTIMATING/CONSTRUCTION SCHEDULING Ott -Sakai shall provide constructability review of the plan set to ensure that construction of the project is feasible and that the design as represented in the plans and specifications is biddable and constructible in a safe manner. Ott -Sakai shall perform a review of the cost estimate to verify that the cost estimate assumptions are appropriate for the project, that the base cost estimate is an accurate reflection of the project's scope of work and that the scope and cost items are calculated properly, and required components are not missing or double counted. Ott -Sakai shall create a draft construction schedule for the project. DELIVERABLES • Plan set review comments Cost estimate review comments Draft construction schedule Task 13.00 - Plans, Specifications and Estimated Construction Cost - 60% Design Package TASK 13.10 — CIVIL ENGINEERING KPFF shall incorporate the CITY's and WSDOT's 30% comments and prepare 60% drawings for the PROJECT in accordance with WSDOT standards. It is anticipated that the plans shall include the following: Cover and Vicinity Map City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 32 of 45 • Roadway Typical Sections • Alignment Plans • Site Preparation and TESC Sheets • TESC Details • Drainage Plans • Drainage Profiles • Drainage Details • Paving Plans • Paving Details • Channelization and Signing Plans • Traffic Control Plans ASSUMPTIONS • All work shall be completed in AutoCAD 2020. No conversion to MicroStation shall be required. • Haul Route Figures/Diagrams shall not be required. • Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES • 60% Plans (PDF) • 60% Quantities (PDF and Excel format) • 60% Specification Outline (PDF and Word format) TASK 13.20 - STRUCTURAL ENGINEERING KPFF shall perform the structural engineering work in support of the 60% design submittal, including 60% structural quantities and bid items necessary for cost estimating. KPFF shall provide technical special provisions for all non-standard, structural bid items. ASSUMPTIONS • Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES • 60% Design Structural Plans (electronic copy) • 60% Design Structural Quantities (electronic copy) • 60% Cost Estimate (PDF and Excel format) • 60% Design Structural Technical Special Provisions (electronic copy) city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 33 of 45 TASK 13.30 - TRAFFIC BEACONS/ILLUMINATION/SIGNAGE DKS shall develop 60% design traffic plans and details for the following: • Sullivan Road Approaches • SR 290 Approaches • Roundabouts • Joint -Use Trail (From Approximately 400 ft south of the SR 290 interchange to the north approach of the intersection of Sullivan Road and Wellesley Avenue) The 60% Design Traffic plans shall be developed following the WSDOT Plan Preparation Plan Manual where needed. DKS shall develop traffic design cost estimates in unit bid format based on the 60% Design Traffic plans. The 60% Design Traffic plans and cost estimate shall be submitted to the City and WSDOT for review. DKS shall develop traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSPs as applicable. Specifications shall include General Special Provisions and Project Specific Special Provisions, based on the latest WSDOT specifications at time of the 60% Design submittal. ASSUMPTIONS • Agency review of the 60% Design Traffic plans is assumed to be three weeks. • Illumination design is limited to the ramp intersections, joint -use trail, and ramp approaches as required by WSDOT within the limits of this project. • The signal design plans shall include the following for the SR 290 Ramps/Sullivan Road intersections: o RRFB Plans and Details • All traffic beacon plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Spokane Valley, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 60% Traffic Design Cost Estimates shall be delivered as part of the fall 60% Design Cost Estimate, as described in Task 4.3. • The Traffic Special Provisions shall be provided to the prime consultant for incorporation into the overall Project Special Provisions. DELIVERABLES 60% Design Illumination Plans and Details 60% Design Beacon Plans and Details • 60% Large format Highway Guidance Signage Details (Up to 8 signs) 60% Design Traffic Cost Estimate • 60% Design Traffic Special Provisions City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 34 of 45 TASK 13.40 - CONSTRUCTABILITY REVIEW/COST ESTIMATING/CONSTRUCTION SCHEDULING Ott -Sakai shall provide constructability review of the plan set to ensure that construction of the project is feasible and that the design as represented in the plans and specifications is biddable and constructible in a safe manner. Ott -Sakai shall perform a review of the cost estimate to verify that the cost estimate assumptions are appropriate for the project, that the base cost estimate is an accurate reflection of the project's scope of work and that the scope and cost items are calculated properly, and required components are not missing or double counted. Ott -Sakai shall update the draft construction schedule to reflect any changes from the 30% to 60% design. DELIVERABLES • Plan set review comments • Cost estimate review comments • Updated construction schedule Task 14.00 - Plans, Specifications and Estimated Construction Cost - 90% Design Package TASK 14.10 - CIVIL ENGINEERING KPFF shall incorporate the City's and WSDOT's 60% comments and prepare 90% drawings for the project in accordance with WSDOT standards. It is anticipated that the plans shall include the following: • Cover and Vicinity Map • Roadway Typical Sections • Right -of -Way / Alignment Plans • Site Preparation and TESC Sheets • TESC Details • Drainage Plans • Drainage Profiles • Drainage Details • Paving Plans • Paving Details • Channelization and Signing Plans • Traffic Control Plans city of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 35 of 45 KPFF shall develop contract specifications based on the APWA/WSDOT unit bid format for Division 2-9. It is assumed that the City shall provide contract boilerplate and specifications for Division 1, with KPFF making any necessary modifications for this specific project. Upon completion of the title report and legal description preparation, KPFF shall create ROW Plans to reflect changes to the existing property and/or easement boundaries for up to 10 parcels. If required, the ROW Plans shall be submitted to WSDOT for review and approval. ASSUMPTIONS • All work shall be completed in AutoCAD 2020. No conversion to MicroStation shall be required. Haul Route Figures/Diagrams shall not be required. Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES 90% Plans (11x17 PDF) 90% Quantities (PDF and Excel format) 90% Specifications (PDF and Word format) TASK 14.20 - STRUCTURAL ENGINEERING KPFF shall perform the structural engineering work in support of the 90% design submittal., including 90% structural quantities and bid items necessary for cost estimating. KPFF shall provide technical special provisions for all non-standard, structural bid items. ASSUMPTIONS Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications. DELIVERABLES 90% Design Structural Plans (electronic copy) • 90% Design Structural quantities (electronic copy) • 90% Cost Estimate (PDF and Excel format) • 90% Design Structural Technical Special Provisions (electronic copy) TASK 14.30 - TRAFFIC BEACONS/ILLUMINATION/SIGNAGE DKS shall develop 90% design traffic plans and details for the following: • Sullivan Road Approaches • SR 290 Approaches City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 36 of 45 • Roundabouts • Joint -Use Trail (From Approximately 400 ft south of the SR 290 interchange to the north approach of the intersection of Sullivan Road and Wellesley Avenue) The 90% Design Traffic plans shall be developed following the WSDOT Plan Preparation Plan Manual where needed. DKS shall develop traffic design cost estimates in unit bid format based on the 90% Traffic Design Plans. The 90% Design traffic plans and cost estimate shall be submitted to the City and WSDOT for review. The SUBCONSULTANT shall update the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP's as applicable. Specifications shall include General Special Provisions and Project Specific Special Provisions, based on the latest WSDOT specifications at time of the 90% Design submittal. ASSUMPTIONS • Agency review of the 90% Design Traffic Plans is assumed to be three weeks. • The signal design plans shall include the following for the SR 290 Ramps/Sullivan Road intersections: o RRFB Plans and Details • All traffic beacon plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Spokane Valley, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 90% Traffic Design Cost Estimates shall be delivered as part of the full 90% Design Cost Estimate prepared by KPFF. • The Traffic Special Provisions shall be provided to the prime consultant for incorporation into the overall Project Special Provisions. DELIVERABLES • 90% Design Illumination Plans and Details • 90% Design Beacon Plans and Details • 90% Large format Highway Guidance Signage Details (Up to 8 signs) • - 90% Design Traffic Cost Estimate • 90% Design Traffic Special Provisions TASK 14.40 - COST ESTIMATING AND CONSTRUCTION SCHEDULE Ott -Sakai shall perform a review of the cost estimate to verify that the cost estimate assumptions are appropriate for the project, that the base cost estimate is an accurate reflection of the project's city of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 37 of 45 scope of work and that the scope and cost items are calculated properly, and required components are not missing or double counted. Ott -Sakai shall finalize the construction schedule to reflect any design changes from the 60% design package. DELIVERABLES • Plan set review comments • Cost estimate review comments • Final construction schedule Task 15.00 -.Plans, Specifications and Estimated Construction Cost - 100% Design Package TASK 15.10 - CIVIL ENGINEERING KPFF shall incorporate the CITY's and WSDOT's 90% comments and Bid Documents which shall include signed and stamped plans, specifications, and estimate. DELIVERABLES 100% Plans (11x17 PDF) 100% Quantities (PDF and Excel format) 100% Specifications (PDF and Word format) TASK 15.20 - STRUCTURAL ENGINEERING KPFF shall perform the structural engineering work in support of the ad -ready design submittal, including ad -ready structural quantities and bid items necessary for cost estimating. KPFF shall provide technical special provisions for all non-standard, structural bid items. ASSUMPTIONS Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications DELIVERABLES 100% Structural Plans (electronic copy) 100% Structural quantities (electronic copy) 100% Cost Estimate (PDF and Excel format) 100% Structural Technical Special Provisions (electronic copy) City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 38 of 45 TASK 15.30 — TRAFFIC BEACONS/ILLUMINATION/SIGNAGE DKS shall develop 100% design traffic plans and details for the following: • Sullivan Road Approaches • SR 290 Approaches • Roundabouts • Joint -Use Trail (From Approximately 400 ft south of the SR 290 interchange to the north approach of the intersection of Sullivan Road and Wellesley Avenue) The 100% Design Traffic plans shall be developed following the WSDOT Plan Preparation Plan Manual where needed. The 100% Design Traffic plans shall include the plan and details outline in tasks 6.2 and 6.3. DKS shall develop traffic design cost estimates in unit bid format based on the 100% Traffic Design Plans. The 100% Design traffic plans and cost estimate shall be submitted to the City and WSDOT for review. DKS shall update -the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP's as applicable. Specifications shall include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the 100% Design submittal. ASSUMPTIONS • Agency review of the 100% Design Traffic Plans is assumed to be three weeks. • The signal design plans shall include the following for the SR 290 Ramps/Sullivan Road intersections: o RRFB Plans and Details • All traffic beacon plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Spokane Valley, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 90% Traffic Design Cost Estimates shall be delivered as part of the full 100% Design Cost Estimate prepared by the KPFF. • The Traffic Special Provisions shall be provided to the prime consultant for incorporation into the overall Project Special Provisions. DELIVERABLES • 100% Illumination Plans and Details • 100% Beacon Plans and Details • 100% Large format Highway Guidance Signage Details (Up to 8 signs) • 100% Design Traffic Cost Estimate • 100% Design Traffic Special Provisions City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 39 of 45 Task 16.00 - Plans, Specifications and Estimated Construction Cost - Ad - Ready Construction Documents TASK 16.10 - CIVIL ENGINEERING KPFF shall incorporate the City's and WSDOT's 100% comments and Bid Documents which shall include signed and stamped plans, specifications, and estimate. DELIVERABLES • Ad -Ready signed and stamped Plans, Specifications, and Quantities (PDF, Word, and Excel formats) TASK 16.20 - STRUCTURAL ENGINEERING KPFF shall perform the structural engineering work in support of the ad -ready design submittal, including ad -ready structural quantities and bid items necessary for cost estimating. KPFF shall provide technical special provisions for all non-standard, structural bid items. ASSUMPTIONS • Technical specifications and bid items shall be based on and conform to the WSDOT Standards Specifications Ad -ready Structural Plans and Structural Technical Specifications shall be stamped and sealed by a Professional Engineer licensed in the State of Washington. DELIVERABLES Ad -Ready design Structural Plans (electronic copy) Ad -Ready design Structural quantities (electronic copy) Ad -Ready design Structural Technical Special Provisions (electronic copy) TASK 16.30 - TRAFFIC BEACONS/ILLUMINATION/SIGNAGE DKS shall develop ad -ready design traffic plans and details for the following: • Sullivan Road Approaches • SR 290 Approaches • Roundabouts • Joint -Use Trail (From Approximately 400 ft south of the SR 290 interchange to the north approach of the intersection of Sullivan Road and Wellesley Avenue) The ad -ready Design Traffic plans shall be developed following the WSDOT Plan Preparation Plan Manual where needed. The ad -ready Design Traffic plans shall include the plan and details outline in tasks 6.2 and 6.3. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 40 of 45 DKS shall develop traffic design cost estimates in unit bid format based on the ad -ready Traffic Design Plans. The ad -ready Design Traffic plans and cost estimate shall be submitted to the City and WSDOT for review. DKS shall update the traffic contract specifications based on WSDOT/APWA Standard format, including Local Agency GSP's as applicable. Specifications shall include General Special Provisions and Project Specific Special Provision, based on the latest WSDOT specifications at time of the Ad - ready Design submittal. ASSUMPTIONS • Agency review of the ad -ready Design Traffic plans is assumed to be three weeks. • All geotechnical and structural analysis necessary for traffic design shall be provided by others. • The signal design plans shall include the following for the SR 290 Ramps/Sullivan Road intersections: o RRFB Plans and Details • All traffic signal plans and specifications must conform to Manual on Uniform Traffic Control Devices, WSDOT, City of Spokane Valley, and National Electric Code standards as applicable. Consultant shall coordinate with the utility for service connections. • The 100% Traffic Design Cost Estimates shall be delivered as part of the full ad -ready Design Cost Estimate prepared by the Prime Consultant. • The Traffic Special Provisions shall be provided to the prime consultant for incorporation into the overall Project Special Provisions. DELIVERABLES • Ad -Ready Design Illumination Plans and Details • Ad -Ready Design Beacon Plans and Details • Ad -Ready Large format Highway Guidance Signage Details (Up to 8 signs) • Ad -Ready Design Traffic Cost Estimate • Ad -Ready Design Traffic Special Provisions Task 17.00 - WSDOT Design Approval TASK 17.10 - INTERSECTION/CHANNELIZATION PLANS KPFF will prepare Channelization Plans for submittal to WSDOT for approval. Prior to the first submittal and review, KPFF will attend one 2-hour meeting with WSDOT to discuss the channelization plans. City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 41 of 45 KPFF will provide a PDF copy of the Draft Channelization Plans for review and comment by WSDOT. For budgeting purposes, it is assumed that WSDOT will review the Channelization Plans up to two times and WSDOT will provide one consolidated set of comments for each review into a comment resolution matrix. Upon receipt of each written set of review comments from WSDOT, KPFF will finalize the previous draft Channelization Plans, incorporating the review comments where appropriate. KPFF will prepare a list of required design variances needed on the project. Preparation of the design variance documentation is not included in this scope ASSUMPTIONS • Plan sheets will be at 1" = 40' scale. • WSDOT will compile review comments into one comment resolution matrix document. • Up to two (2) submittals will be reviewed by WSDOT. • Design Variance documentation is not included in this scope of work. • Additional submittals and compiling review comments from multiple reviewers is not included in this scope of work. • All coordination meetings with the City and WSDOT are assumed to be virtual (not in - person). DELIVERABLES • 1st submittal of Draft Intersection/Channelization Plans - PDF • 2nd submittal of Draft Intersection/Channelization Plans - PDF • Final submittal of Intersection/Channelization Plans - PDF TASK 17.20 - WSDOT DESIGN APPROVAL KPFF will prepare the Design Approval Memorandum following the outline shown in WSDOT's Design Manual Section 300.04(1). The following items will be included in the Memorandum: • Stamped Cover Sheet (project description) • Memo that describes the project • Project summary documents • Basis of Design • Alternatives Comparison Table • Design Parameters worksheets • Crash Analysis Report • List of known Variances (If Required) • Channelization Plans and intersection plans • SR 290 alignment plans and profile • Current cost estimate • Environmental Documentation City of Spokane Valley —Sullivan Road/State Route 290 Final Design SOW Page 42 of 45 ASSUMPTIONS • The Design Approval Memorandum will follow the outline shown in WSDOT's Design Manual Section 300.04(1). • All coordination meetings with the City and WSDOT are assumed to be virtual (not in - person). DELIVERABLES • Draft Design Approval Memorandum - PDF • Final Design Approval Memorandum - PDF TASK 17.30 - PROJECT DEVELOPMENT APPROVAL KPFF will prepare the Project Development Approval Memorandum following the outline shown in WSDOT's Design Manual Section 300.04(1). The following items will be included in the Memorandum: • Stamped Cover Sheet (project description) • Required environmental documentation • Design Approval documents • Updated Basis of Design • Updated List of known Variances (if applicable) • Updated cost estimate • Completed Environmental Review Summary 11 C]rY Il u f� 1 i (�)►�1C9 • Project Development Approval will be valid for three (3) years will follow the outline shown in WSDOT's Design Manual Section 300.04(1). 1-0-101 %4;71: I W • Draft Project Development Approval Memorandum • Final Project Development Approval Memorandum TASK 17.40 - TRANSPORTATION MANAGEMENT PLAN KPFF will prepare a Transportation Management Plan based on Section 1010.03 of the WSDOT Design Manual. ASSUMPTIONS • WSDOT will compile review comments into one comment resolution matrix document. • One (1) submittal will be reviewed by WSDOT. city of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 43 of 45 DELIVERABLES Draft Transportation Management Plan Final Transportation Management Plan Task 18.00 - Hydraulic Report All stormwater management elements of the roadway shall be designed in accordance with the WSDOT Highway Runoff Manual (HRM), WSDOT Hydraulic Manual (HM), and the Spokane Regional Stormwater Manual. KPFF shall perform the following tasks: Review existing conditions and conduct a site visit, with 2 staff, to field -verify existing conditions, utility as-builts, drainage sub -basin delineations, and to generally confirm accuracy of survey base mapping. Design stormwater elements to meet WSDOT HRM and Spokane Regional Stormwater Manual requirements. Prepare a draft Hydraulics Report that addresses stormwater collection, conveyance, changes in impervious areas, tributary areas and points of discharge, pollution generating impervious areas, flow control requirements and measures, and water quality treatment facilities as needed for the PROJECT. KPFF shall submit to the City and WSDOT for review and approval. Prepare responses to comments from the City and WSDOT and revise the Hydraulic Report and current storm drainage plans. Prepare a final Hydraulic Report to submit to WSDOT and City for approval, along with the storm drainage plans for the 90% submittal. ASSUMPTIONS • One (1) revision of Draft Hydraulics Manual is assumed, incorporating WSDOT and City comments. • Report format and calculations will meet WSDOT HRM and HM requirements. • Conveyance design will only include stormwater systems within the limits of the project. Capacity analysis and design of off -site stormwater conveyance systems are not included in this scope of work. • City and WSDOT will provide documentation on existing stormwater systems and issues in the project site and the surrounding conveyance systems. • No WSDOT HRM or HM deviations will be required. Deviation documentation is not included in this scope. DELIVERABLES • Draft Hydraulic Report to the City and WSDOT at the 60% design level. • Final Hydraulic and response to comments to City and WSDOT. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 44 of 45 Task 19.00 - Utility Coordination KPFF shall review and identify existing utilities in the project limits area and prepare a list of utilities that may conflict with the proposed improvements. KPFF shall coordinate directly with the affected utilities for relocation and reviews. KPFF shall identify potential utility conflicts and shall show them on the plan/profile sheets. KPFF shall lead the utility coordination on behalf of the City and shall contact applicable utility districts and/or companies to confirm existing facilities, relocation requirements or protection methods, and schedules. KPFF (Widener) will acquire utility easements/permits (as available) each utility has with BNSF. Potholing is anticipated to determine utility conflicts and will be added as a third party expense to the KPFF contract. A subcontractor will provide potholing of utilities at select locations. The pothole data will be compiled and distributed to utilities. A $1S,000 allowance for potholing has been included in the fee estimate. ASSUMPTIONS • Up to two (2) design team members will attend utility coordination meetings. fin*0AV�.'_;13JAI • Attend up to six (6) utility coordination meetings and pothole correspondence throughout the development and completion of the ad -ready plan set, pothole plan and data, utility relocation plan. • Utility plans showing existing facilities (11x17 PDF). Plans will be based on utility locates and best available information. Task 20.00 - Bid Support Services KPFF shall provide bid support services to the City as defined herein. TASK 20.10 - PRE -BID MEETING KPFF shall assist the City with preparations for and attend one pre -bid meeting. Assistance shall include: • Development of agenda and presentation. • Attendance by up to four (4) design team members. The City is responsible for all other logistics and efforts associated with the meeting. TASK 20.20 - RESPOND TO BIDDER QUESTIONS KPFF shall review and respond to bidder questions as directed by the City for the design team's project elements. City of Spokane Valley — Sullivan Road/State Route 290 Final Design SOW Page 45 of 45 TASK 2 0.3 0 — PREPARE ADDENDA KPFF shall prepare addenda to the bid documents as directed by the City for the design team's project elements. ASSUMPTIONS • City shall submit approved Contract Documents to plan center(s) and advertise for bids. • City shall tabulate bids and review bid submissions against requirements, including reference, licensure and other required evaluations of bid packages. • City shall receive and distribute bidder questions to KPFF and format and communicate back to Bidders. • City shall receive and distribute addenda requirements to KPFF and format and communicate back to Bidders. Up to two (2) addenda are included in this scope of work. DELIVERABLES • Responses to bidder questions • Addenda Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. DBE Participation Plan & Certifications DBE Goal = 16.0% DBE Subconsultants HWAGeoSciences, Inc. (DBE) Qa $255,302.09 (8.0%) Cowling & Company, LLC dba Widener & Associates (DBE) @ $168,759.81 (5.3%) Ott -Sakai & Associates, LLC (DBE) (a $117,571.35 (3.7%) 23-169 ocal Agency A&E Professional Services Agreement Number 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 kpff.com September 5, 2023 Rob Lochmiller City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA 99206 Subject: Agreement #20-172 — Sullivan Rd./State Route 290 Interchange Reconstruction Project —Final Design DBE Participation Plan Dear Rob: This letter conveys our intent to comply with and participate in the Disadvantaged Business Enterprise (DBE) Program under the United States Department of Transportation. KPFF has identified the following DBE firms to provide structural engineering, geotechnical engineering, environmental documentation and permitting, BNSF coordination and permitting, constructability reviews and cost/risk estimating services as needed to fulfill the requirements of the Scope of Work. DBE Firm Name Actual Percent Contract Goal HWAGeoSciences 8.0% 9% Widener & Associates 5.3% 3% Ott -Sakai Associates 3•7% 4% We have designated the following individual to enter all required information into the WSDOT Diversity Management and Compliance System (DMCS) for KPFF. Valerie Garvida Project Coordinator KPFF Consulting Engineers 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 Valerie. Garvida@kpff.com If you have any questions, please feel free to call me at (509) 385-0922. Sincerely, Mark A. Brower Principal Page 1 of 'I 8/22/23, 9:04 AM B2Gnow Certified Profile CLOSE WINDOW In Print Business & Contact Information BUSINESS NAME HWA GeoSciences, Inc., DBA HWA GeoSciences, Inc. OWNER Ms. Sandybell Brodahl ADDRESS 21312 30th Drive SE, Suite 110 Bothell, WA 98021 mapj PHONE 425-774-0106 FAX 425-774-2714 EMAIL sbrodahl@hwaggo.com W E BS ITE http://www.hwageo.com/ COUNTY Snohomish (WA) Certification Information CERTIFYING AGENCY Washington State Office of Minority & Women's Business Enterprises CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Engineering services for geotechnical and geoscience (soil, foundation, rock, groundwater) solutions to public agencies, private, federal, engineering, and architect firms. Services include design, construction, quality review of building and structures, parks, solid waste, transportation, waterfront, water, wastewater, and storm water facilities. Building, structures, and construction inspection services. Environmental and sanitation consulting services: Phase 1 and Phase 2 environmental assessments, hazardous materials, hazardous waste management investigations, property transfer environmental assessments, underground storage tank management, regulatory compliance, solid waste management, environmental impact statements, and remedial investigations and feasibility studies. State of the art laboratory testing services: Falling Weight Deflectometer (FWD) used for pavement property testing. Hydrology consulting services. Commodity Codes Code Description NAICS 541330 Civil engineering services NAILS 541350 Building inspection services 8/22/23, 9:04 AM NAICS 541380 NAICS 541620 NAICS 541690 B2Gnow Laboratory testing (except medical, veterinary) services Environmental consulting services Hydrology consulting services Additional Information UDBE Yes SEE CERTIFICATION Yes U B I # 600404388 CERTIFICATION NUMBER DSF0024692 8/22123, 9:06 AM B2Gnow Certified Profile CLOSE WINDOW in Print Business & Contact Information BUSINESS NAME Cowling & Co. LLC, SBA Widener & Associates OWNER Ms. Jordan Widener ADDRESS 1902120th PI SE Suite 202 Everett, WA 98208 mapj PHONE 510-725-2291 EMAIL jordancw@►widener-enviro.com COUNTY Snohomish (WA) Certification Information CERTIFYING AGENCY Washington State Office of Minority & Women's Business Enterprises CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Engineering consulting services; Surveying and mapping services (except geophysical); Environmental consulting services; All Other Professional, Scientific, and Technical Services; Enforcement of environmental and pollution control regulations. Commodity Codes Code Description NAICS 541330 Engineering consulting services NAICS 541370 Surveying and mapping services (except geophysical) NAICS 541620 Environmental consulting services NAICS 541990 All Other Professional, Scientific, and Technical Services NAICS 924110 Enforcement of environmental and pollution control regulations Additional Information 8/22/23, 9:06 AM B2Gnow SBE CERTIFICATION Yes UBI # 603348384 CERTIFICATION NUMBER D2F0026333 8/22/23, 9:07 AM B2Gnow Certified Profile CLOSE WINDOW Print Business & Contact Information Ott - Sakai & Associates, LLC, DBA Ott -Sakai & BUSINESS NAME Associates, LLC OWNER Mr. Kevin Sakai ADDRESS 23906 59th Place West Mountlake Terrace, WA 98043 [map] PHONE 206-255-2509 EMAIL kevi n@ott-sa ka i.com COUNTY King (WA) Certification Information CERTIFYING AGENCY Washington State Office of Minority & Women's Business Enterprises CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Civil engineer providing delivery of large scale civil bridge & highway projects & transportation infrastructure including water treatment plants, light rail & tunnels. Scheduling, cost estimating, value engineering & constructibility input & review. Staging and phasing plans, risk analysis on cost & time frames for job completion. Commodity Codes Code Description NAILS 541330 Civil engineering services Additional Information UDBE Yes SBE CERTIFICATION Yes UBI # 602330314 8/22/23, 9:07 AM B2Gnow CERTIFICATION NUMBER DW0023226 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data See Exhibit A: Scope of Work B. Roadway Design Files See Exhibit A: Scope of Work C. Computer Aided Drafting Files See Exhibit A: Scope of Work 23-169 nrnl Aaonry AR.F. Prnfpc.cinnnl ,C'oYvirnc dovoos„or,! Nr.s„1;ov D. Specify the Agency's Right to Review Product with the Consultant See Exhibit A: Scope of Work E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A: Scope of Work F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A: Scope of Work 23-169 K Any Other Electronic Files to Be Provided See Exhibit A: Scope of Work M Methods to Electronically Exchange Data Electronic Mail, Collaboration Site (MS Teams or SharePoint) Pvnf coinr+nI C'nv„inno ��u��...�w. nT.� x�u 23-169 A. Agency Software Suite See Exhibit A: Scope of Work B. Electronic Messaging System See Exhibit A: Scope of Work C. File Transfers Format See Exhibit A: Scope of Work 23-169 See Exhibit D-1: Consultant Fee Summary Exhibit D Prime Consultant Cost Computations 22-1 69 Overhead (OH) Cost Fixed Fee (FF) Classification Reimbursables Exhibit D-1 KPFF Consultng,Engieers Consultant Fee Summary Negotiated Hourly Rate Consultant Agreement SULLIVAN RDAD/STATE ROUTE '290 - 'Final Design Subtotal 144.97% 30.00% Direct Hourly Rate Total X Negotiated - Cost Hours Hourly Rate 86.00 X $219.98 = $ 18,917.94 588.00 X $219.98 = $ 129,345.89 104.00 X $219.98 = $ 22,877.50 598.00 X $197.98 = $ 118,391.08 1381.00 X $175.98 = $ 243,029.48 1359.00 X $151.23 = $ 205,526.33 2814.00 X $156.73 = $ 441, 046.38 66.00 X $219.98 = $ 14,518.42 1190.00 X $192.48 = $ 229,050.01 396.00 X $203.48 = $ 80,577.21 1064.00 X $178.73 = $ 190,169.25 1990.00 X $151.23 = $ 300,954.67 2396.00 X $137.49 = $ 329,414.06 53.00 X $198.28 = $ 10,508.89 64.00 X $134.74 = $ 8,623.06 34.00 X $123.74 = $ 4,207.04 190.00 X $107.24 = $ 20,375.28 120.00 X $96.24 = $ 11,548.74 120.00 X $79.74 = $ 9,568.96 152.00 X $98.99 = $ 15,046.36 Subtotal $ 2,403,696.53 $. 48, 840.00 Subconsultants: $743,296.15 GRAND TOTAL: $3,195,832.68 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation listed at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of thisAGREEMENT. See Exhibit E-1: Consultant Fee Summary ,ocal Agencv A&E Professional Services Agreement Number Exhibit E-1 Consultant Fee Summary Negotiated Hourly Rate Consultant Agreement SULLIVAN ROAD/STATE ROUTE 290 - Final Design Overhead (OH) Cost MWAMME Fixed Fee (FF) 30.00% Classification Direct HourlyRate Reimbursables Subtotal Total X Negotiated = Cost Hours Hourly Rate 46.00 X $227.62 = $ 10,470.31 62.00 X $188.43 = $ 11,682.38 158.00 X $127.38 = $ 20,126.54 24.00 X $119.07 = $ 2,857.80 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - Subtotal $ 45,137.04 GRAND TOTAL: $45,137.04 Exhibit E-1 DKS Consultant Fee Summary Negotiated Hourly Rate Consultant Agreement SULLIVAN ROAD/STATE ROUTE 290 - Final Design Overhead (OH) Cost 187.07% Fixed Fee (FF) 30.00% Classification Direct Hourly Total X Negotiated = Cost Rate Hours Hourly Rate Principal $ 107.16 29.00 X $339.77 = $ 9,853.39 Senior PM $ 87.16 70.00 X $276.36 = $ 19,345.07 PM $ 75.58 110.00 X $239.64 = $ 26,360.57 Engineer $ 64.66 0.00 X $205.02 = $ - Associate $ 54.28 134.00 X $172.11 = $ 23,062.15 Assistant $ 45.10 316.00 X $143.00 = $ 45,187.55 Entry $ 39.81 0.00 X $126.23 = $ - Intern $ 28.22 0.00 X $89.48 = $ - Project Admin 3 $ 43.65 36.00 X $138.40 = $ 4,982.44 CAD Tech 3 $ 42.93 192.00 X $136.12 = $ 26,134.68 Title 11 $ - 0.00 X $0.00 = $ - Title 12 $ - 0.00 X $0.00 = $ - Title 13 $ - 0.00 X $0.00 = $ - Title 14 $ - 0.00 X $0.00 = $ - Title 15 $ - 0.00 X $0.00 = $ - Title 16 $ - 0.00 X $0.00 = $ - Title 17 $ - 0.00 X $0.00 = $ - Title 18 $ - 0.00 X $0.00 = $ - Title 19 $ - 0.00 X $0.00 = $ - Title 20 $ - 0.00 X $0.00 = $ - Subtotal $ 154,925.86 Reimbursables Mileage (## Miles x $0.655/mile) $ - Airfare (Allowance) $ 1,200.00 Per Diem (Hotel + Meals @ $#.## x # trips) $ - Subcontract (Sub Name & Task) $ - Car Rental (Allowance) $ 400.00 Subtotal $ 1,600.00 GRAND TOTAL: $156,525.86 Exhibit E-1 HWAGeoSciences Consultant Fee Summary Negotiated Hourly Rate Consultant Agreement SULLIVAN ROAD/STATE ROUTE 290 - Final Design Overhead (OH) Cost 190.07%, Fixed Fee (FF) 30.00% Direct Hourly Total X Negotiated Cost Classification Rate Hours Hourly Rate Reimbursables ZiUMolal 87.60 178.00 X $280.06 = $ 49,850.90 9.00 X $251.25 = $ 2,261.29 206.00 X $187.24 = $ 38,571.64 173.00 X $128.03 = $ 22,148.84 8.00 X $272.06 = $ 2,176.48 -4 44.00 X $147.23 = $ 6,478.22 3T40", 28.00 X $120.03 = $ 3,360.74 45, .010" 20.00 X $144.03 = $ 2,880.63 33.00 2.00 X- $105.62 = $ 211.25 32.50 16.00 X $104.02 = $ 1,664.36_ $ - 0.00 X $0.00 = $ 0.00 X $0.00 = $ 0.00 X $0.00 = $ 0.00 X $0.00 = $ 0.00 X $0.00 = $ 0.00 X $000 = -$ 0.00 X $0.00 0.00 X $0.00 0.00 X $0.00 = $ 0.00 X $0.00 = $ - Subtotal $ 129,604.34 $ 393.00 A 460.00 $ 917.00 1 $ 15.000.00 I $ 125,697.75 GRAND TOTAL: $255,302.091 Exhibit E-1 Consultant Fee Summary Negotiated Hourly Rate Consultant Agreement SULLIVAN ROAD/STATE ROUTE 290 - Final Design Overhead (OH) Cost IMMINNIMAIMM Fixed Fee (FF) 30.00% Classification Direct Hourly Total X Negotiated = Cost Rate Hours Hourly Rate Reimbursables Subtotal 447.00 X $184.14 = $ 82,311.30 224.00 X $136.86 = $ 30,657.09 430.00 X $79.63 = $ 34,240.38 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - Subtotal $ 147,208.77 GRAND TOTAL: $168,759.81 Exhibit E-1 Consultant Meummary Negotiated Hourly Rate Consultant Agreement SULLIVAN ROAD/STATE ROUTE 290 - Final Design Overhead (OH) Cost Fixed Fee (FF) 30.00% Direct Hourly Classification Rate Reimbursables SUDroral Total X Negotiated = Cost Hours Hourly Rate 14.00 X $260.97 = $ 3,653.58 248.00 X $260.97 = $ 64,720.61 158.00 X $248.14 = $ 39,205.42 54.00 X $185.03 = $ 9,991.74 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - 0.00 X $0.00 = $ - Subtotal $ 117,571.35 GRAND TOTAL: $117.571.35 Exhibit F - Title V/ Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will 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. The contractor will 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. [Include Washington State Department of Transportation specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of Transportation specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 23-169 ,ocal Agency A&E Professional Services Agreement Number Exhibit F - Title Vl Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • 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); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures 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); • 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). 23-169 r _ __1 ,4A v_z• n.. s�.....,. -I C,....,11— Aureement Number Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data vocal Agency A&E Professional Services Agreement Number 23-169 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF Consulting Engineers, Inc. whose address is 421 W. Riverside Avenue, Suite 524, Spokane, WA 99201 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out thisAGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); C' f S kane Valle I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPFF Consulting Engineers, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) September 5, 2023 Date 23-169 A....,......,..,..I TT .s«I.— Exhibit G-I(b) Certification of City of Spokane Valley I hereby certify that I am the: R City Manager ❑ Other of the City of Spokane Valley and the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature )cal Agency A&E Professional Services Date Agreement Number 23-169 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. KPFF Consulting Engineers, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) September 5, 2023 Date 23-169 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subj ect to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. KPFF Consulting Engineers, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) r.nral Arrenry A&E Professional Services September 5, 2023 Date AzreementNumber 23-169 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either 5 actually or by specific identification in writing, to representative in support of Sullivan/SR290 Interchange Reconstructio as of August 28, 2023 the Contracting Officer or to the Contracting Officer s n * are accurate, complete, and current ** This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF Consulting Engineers, Inc. Signature Date of Execution September 5, 2023 Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project tit **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. .. ,. , � . 4- ---- rr ----L 23-169 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the kegion Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. -- - 23-169 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the, additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. 23-169 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • . Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit 23-169 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/29/2023 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). PRODUCER Edgewood Partners Ins. Center/Greyling 3780 Mansell Road, Suite 370 Alpharetta GA 30022 INSURED KPFF, Inc. 1601 5th Ave Suite 1600 Seattle WA 98101 INSURERA: National Union Fire KPFFINC INSURER B : The Travelers Inder INSURER C : New Hampshire In INSURER D : Allied World Surplus Insurance Co COVERAGES CERTIFICATE NUMBER:206680441 REVISION NUMBER: 770.220.7699 25658 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. I�TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/WY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR GL5268336 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 PRO- R 1XIPOLICY JECT LOC $ A OTHER: AUTOMOBILE LIABILITY CA9775930 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY rx PROPERTY DAMAGE Per accident$ B X UMBRELLA LIAB X OCCUR CUP5W27617523NF 4/1/2023 4/1/2024 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE N OFFICER/MEMBEREXCLUDED? (Mandatory in NH) X STATUTE IOERH $ C C N / A WCO22298245 (AOS) WCO22298244 (CA) 4/1/2023 4/1/2023 4/1/2024 4/1/2024 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 D If yes, describe under DESCRIPTION OF OPERATIONS below Professional/Pollution Liability 03120067 10/10/2022 4/1/2024 E.L. DISEASE - POLICY LIMIT Per Claim Aggregate $ 1,000,000 000 1.0,000,000 SIR: 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Sullivan & Trent. The City of Spokane Valley is named as an Additional Insured with respects to General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. 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