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24-072.00HDREngineeringIncPineMissionIntersectionImprovements Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 24-072 Firm/Organization Legal Name (do not use dba's): HDR Engineering, Inc. Address Federal Aid Number 835 N Post Street, Suite 101, Spokane WA 99201 CM 4060(001) UBI Number Federal TIN or SSN Number 6010021437 47-0680568 Execution Date Completion Date June 30, 2025 1099 Form Required Federal Participation ❑ Yes Q No 0 Yes ❑ No Project Title Pines and Mission Intersection Improvements Project (CIP#0300) Description of Work Construction Management, Inspection, Materials Testing and Public Outreach services on the above project per attached scope of services. 0 Yes 13% goal ❑ No DBE Participation Total Amount Authorized: $319,680.09 ❑ Yes n No MBE Participation Management Reserve Fund: $0 ❑ Yes Q No WBE Participation Maximum Amount Payable: $319,680.09 ❑ Yes Q 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 H Liability Insurance Incrcasc Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Pavicari n9/nh/9/l21 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. Agreement Number: 24-072 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 RRvicpd 09/1)1/9091 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 this AGREEMENT. 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. 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: Marci Patterson, City Clerk Name: Scott Marshall Agency: City of Spokane Valley Agency: HDR Engineering, Inc. Address: 10210 E Sprague Ave Address: 835 N Post Street, Suite 101 City: Spokene Valley State: WA Zip: 99201 City: Spokane State: WA Zip: 99201 Email: mpatterson@spokanevalleywa.gov Email: Scott.R.Marshall@hdrinc.com Phone: 509-720-5102 Phone: 509-343-8523 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 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. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Anraamant Ravicari n9/01/91191 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, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D"and"E"and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and"E"of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit,up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all A&E sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants I shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section) 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 economy class levels 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 WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car 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 the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Re uk,r+n9/M/9091 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled"Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total 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. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. 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 work under this AGREEMENT, contingent, if applicable,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. 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. Agreement Number: 24-072 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Ravicarl n9/n1/7n91 D. 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. 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 fixed 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 acknowledgement 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 contract. 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 Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Rpvicari 1)9/1)1/91)91 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. 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 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) 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 and any appropriate fixed fee percentage 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 Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Rnvicpri n2/1)1/71)91 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 and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. 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 party 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. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 RpvkprI n7/nh/21121 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 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 tier, 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. This waiver has been mutually negotiated between the Parties. Agreement Number: 24-072 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Rovicnrl n9/n1/9n21 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. 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: Glenn Ritter, Project Manager Agency: City of Spokane Valley Address: 10210 E Sprague Ave City: Spokane Valley State: WA Zip: 99206 Email: gritter@spokanevalleywa.gov Phone: 509-720-5018 Facsimile: n/a 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 amount 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. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Ravicari n9/n1/9M21 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. 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 AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4"is required only in AGREEMENT's 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. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Ravicnri n9/n1/9n21 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. 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 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. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Rnvicnri n9/n1/9n21 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. 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,AGREEMENT `s, 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, Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 RPvicpri 1)9/1)1/2fl2 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. 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. (--"QAcrg.N._ 4/18/2024 Signature Date //1V1 -/t5—2 tr Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 24-072 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 02/01/2021 Exhibit A Scope of Work Project No. 0300 See attached Exhibit A - Scope of Services Agreement Number: 24-072 Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY Exhibit A 2024 Scope of Services Pines and Mission Intersection Improvements Capital Improvements Program No.0300 Federal Aid Project No.CM-4060(001) HDR and its team members Construction Engineering& Inspection (CE&I Team)will provide construction management,field inspection, material testing, and public outreach services for the intersection improvements on Mission Avenue and Pines Road (SR 27).The project constructs a southbound right turn lane on Pines Road and dual eastbound left turn lanes on Mission Avenue; curb and sidewalk, Hot Mix Asphalt(HMA) paving; signal revisions; stormwater improvements; striping revisions. CE&I Team • HDR will provide construction management, documentation,and lead inspection. • DEA will provide additional inspection staff as needed. • Strata will provide field and laboratory material testing. • Prima Pacific will provide schedule review and additional documentation support as needed. • Big Sky will provide public involvement. General Scope of Services: The CE&I Team will provide qualified staff to perform the scope of services described within. Services will meet the requirements of the Washington State Department of Transportation (WSDOT) Local Agency Guidelines(LAG),WSDOT Construction Manual, Federal Compliance standards, Standard Specifications, and City of Spokane Valley(COSV) requirements and will comply with the construction documents including: • Standard Specifications for Road, Bridge,and Municipal Construction, 2023 edition as issued by WSDOT and the American Public Works Association (APWA),Washington Chapter. • Contract Plans and Specifications including: o Plans sealed by a Professional Engineer(Engineer of Record (EOR)) o General Special Provisions o Addenda issued prior to bidding • City of Spokane Valley Standard Plans • Title VI Special Provisions • Executed change orders hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 Key Understandings: • The City of Spokane Valley(COSV)will provide the Project Manager(PM) and materials documentation engineer. The HDR CE&I Team will provide the Resident Engineer(RE), construction observers, material testing and public relations. • Work will be under the direction of COSV's PM or delegated representative. • The construction contract allows 70 Working Days to complete the work. • It is anticipated that construction activities will start in April 2024(when weather allows) and continue for approximately four(4) months. Administration work is anticipated to continue through September of 2024 for interim close out and reviews and a final review and closeout. • The Contractor is anticipated to work 40 hours per week. • The Contractor's construction schedule will dictate which services are necessary by the CE&I Team and when they are needed. Night work is primarily anticipated on this project. • HDR Field staff will be furnished with a vehicle equipped with an amber rotating/strobe warning beacon; a cellular phone; access to a computer; a camera; and appropriate personal protective equipment for the work being inspected. • The Contractor will provide primary access to the work for use by the CE&I Team to perform the services. Assumptions for Estimating Contract Hours and Direct Expenses: • The Resident Engineer(HDR) is expected for the duration of the project on a regular part- time basis. • One Records Office Manager/Contract Administrator(Prima Pacific) is expected for the duration of the project on a regular part-time basis to review material submittals, monitor/track testing and materials documentation files, manage submittal log,track DBE/training and EEO requirements estimated at three (3) hours a week. • One full-time Lead Inspector(HDR) is expected for the duration of the project to provide onsite inspection and documentation. • One part-time Inspector(DEA) is expected for the duration of the project to provide onsite inspection. • One part-time field tester(STRATA) is expected to work in the field during the construction season to provide field sampling and testing support for concrete (slump,air content, cylinders) and soil, aggregate,and asphalt(density). • One part-time laboratory tester(STRATA) is expected to work in the laboratory during the construction season to test concrete (compressive strength), soil (proctor),aggregate (sieve, fractured face, etc.), and asphalt(volumetrics). • Part-time schedule analysis support(Prima Pacific) not to exceed the level of effort identified in this scope (see Task 4 estimates). hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY • The lease rate and fuel cost for vehicles used by full-time HDR staff will be a direct cost to the project. Mileage for vehicles used by part-time HDR staff and DEA staff will be a direct cost to the project at the federal mileage rate. • Samples for lab testing will be transported and performed at STRATA's qualified testing lab located in Spokane Valley,Washington.Testing is assumed to be performed at STRATA's lab by STRATA staff. • The CE&I Team will provide tape measures,wheel measures, nuclear gauge (STRATA), concrete testing equipment(STRATA), concrete cylinder molds(STRATA), asphalt sampling boxes (STRATA),straight edges, computers, pickups with beacons, and smart levels. • Specialized safety equipment needed for this project will be a direct cost to the project. • COSV has reviewed and approved current submittals. For estimating purposes, it will be assumed 50%have been submitted and approved. Items to be provided by COSV: • An authorized representative on behalf of COSV who is responsible for the project. • Contract plans and specifications. • Remote access to COSV project files via DRIVE. • COSV forms to be used during construction. • Engineer of record (EOR) is available to periodically visit the project site, review shop drawings, respond to RFIs and provide input on project issues as they arise,at the direction of COSV. • Approve Change Orders and monthly pay estimates and provide final copies to the CE&I Team. TASK 1 CONSTRUCTION ADMINISTRATION The CE&I Team will initiate the project and perform construction administration duties in accordance with the latest WSDOT Construction Manual and LAG Manual. 1.1 Filing&Records Verification—The CE&I Team will maintain filing systems and tracking logs that were established for submittals, RFIs, change orders and materials. Maintain project files in ProjectWise and upload to City's DRIVE on a regular basis. Perform monthly checks of the files to verify records are accurately maintained and the filing system is current and provide findings to CE&I team. 1.2 Project Take Off Documents—Conduct a photo/video log report for pre-work conditions (including environmental conditions)wherever we are able to gain access. 1.3 Contract Submittal Review—The CE&I Team will review contractor submittals for compliance with contract requirements, recommend submittals for acceptance or rejection, and draft response letters for the PM.Submittals pertaining to the structures will be transmitted to the EOR for review.The submittals will be tracked and monitored. Estimate hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY up to three hours each to review up to thirty(30)submittals spread out over the entire project. 1.4 Subcontracts—Review and recommend for approval/rejection the Contractor's Request to Subcontract.Verify signed subcontract and that the request meets COSV requirements. Estimate up to two (2) hours each to review up to five (5)additional Requests to Sublet over the entire project. 1.5 Materials Certifications—The CE&I Team will request certifications for materials incorporated into the project that require a certification of compliance. No materials will be incorporated or accepted for payment until the appropriate certifications are received. Review material certifications for contract compliance and coordinate with City to update the ROM which resides on COSV server. Return non-compliant certifications to the Contractor for correction. Prepare COSV Field Note Record forms(Combined Field Verification forms and Pay Note Record forms) by the inspector and checked by CE&I team. 1.6 Record of Materials(ROM)—The project ROM has been created and is being maintained by COSV.The ROM shows materials requirements for each item such as certifications,testing, testing frequencies, etc. Review the COSV created ROM. Enter approved material certifications and test results in the ROM spreadsheet. Independently check ROM entries. 1.7 Materials Testing Coordination-The CE&I Team will coordinate with the geotechnical subconsultant to provide laboratory materials testing of soils, concrete,aggregates, and asphalt to be incorporated into the project. The CE&I Team will review laboratory results for conformance with the Contract documents and notify the Contractor and COSV of any non- conforming materials or compaction tests. 1.8 Meetings—Conduct and provide office support for project meetings such as preparing agendas and furnishing minutes and sign in sheets. Meetings include the pre-construction meeting,weekly progress meetings, pre-work meetings for major items of work,and general meetings to resolve issues. Prepare meeting minutes and distribute to attendees. 1.9 Requests for Information (RFI)—The CE&I Team will review contractor RFIs and prepare draft responses for the PM. If additional information or clarification is necessary,the FOR will be contacted by COSV for contract clarifications. Estimate up to four(4) hours each to review up to twenty(20) RFIs. 1.10 Analyze and Prepare Change Orders—The CE&I Team will prepare and analyze change orders initiated by either COSV or the Contractor. Consult with the PM and prepare the change order documents, including justification for the need, costs of the work, and if hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 needed, revised pdf plan sheets using Bluebeam. If contract time is affected by the change order, a schedule analysis will be performed. Estimate up to ten (10) hours each to process up to eight(8)change orders. 1.11 Pay Estimate Preparation—The CE&I Team will provide quantities to COSV for review of Contractor monthly Pay Requests and preparation of the monthly Pay Application. Meet with Contractor each month or more often, if necessary,to field-verify quantities related to work completed and in progress. Prepare and update quantity tracking spreadsheets and documentation in the office to be used to evaluate and document monthly pay requests. Upon completion of quantity reviews, provide recommendation for approval of Contractor monthly Pay Requests. 1.12 Construction Schedule—The team will review monthly schedule updates for conformance with specifications and progress of work. Provide comments including delays or potential delays to the project as shown in the schedule. The CE&I Team will prepare weekly statements of working days and provide to the City and Contractor. 1.13 DBE Interviews and Wage Rate Interviews—The CE&I Team will conduct the necessary onsite wage and DBE interviews with the contractor/subcontractor employees including filling out the appropriate forms with documentation. Assumptions • HDR will prepare project correspondence and other forms of communication in accordance with the City's document standards. • HDR's review and recommendation for payment is not evidence of performance nor confirmation that the work is in conformance with the contract requirements. Progress payments serve only as a basis for partial payment. HDR may revise progress payment estimates at any time before final payment is made by the City. Corrections may be made to quantities and SOV amounts up through the final progress payment as allowed by the WSDOT Standard Specifications and Special Provisions. • Pay estimates shall be completed and submitted to the City no more than 15 days after contractor submittal of progress report to HDR, or earlier if required by the Contract documents. • No materials will be incorporated or accepted for payment until the appropriate certifications are received from the contractor. • The City will review draft Change Orders and approve final Change Orders. • The City will review logs and assist HDR with resolving project issues. Deliverables • Pre-construction conference agenda and meeting minutes • Correspondence as required hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY • Photo documentation in jpeg format • Complete interview reports as required • Meeting notes from the weekly contractor meeting • Reviews of the baseline schedule and schedule updates • Tracking system for payment of bid items • Monthly pay estimates with bid item backup meeting WSDOT requirements • Monthly status Reports • Review comments of Lump Sum Breakdowns • Project Issue Log • Change Order Log • Change Order documentation: Summary, Record of Negotiation,Justification and Estimate of Cost. • Force account tracking if needed. • Disputed work tracking if needed TASK 2 PROJECT INSPECTION WSDOT General Inspector certified inspectors will perform inspections.The frequency and scope of inspections will vary with the work activity being performed and will be in accordance with COSV's procedures, policies, and directives. 2.1 Quality Assurance and Field Inspection—The CE&I Team will monitor and observe the Contractor activities for general conformance with the contract plans and specifications. Work that is in non-conformance will be reported to the Contractors' superintendent. Inspector Diaries—Inspectors will prepare Inspector Daily Reports (IDRs) using COSV approved forms. Daily diaries will include Contractor's hours on the site,equipment used, weather conditions, communications and directions given to the Contractor, changed conditions, site visitors, daily activities, decisions, general observations, and specific observation of test procedures and results. Diaries will be printed in pdf format for archiving in the project files. Pay Quantity Collection—The CE&I Team will develop pay item reports/field note records (FNRs)for accepted work and resolve differences in quantities with the Contractor prior to forwarding quantities for payment. Safety—The Contractor is responsible for site safety.The CE&I Team are not liable for safety violations which are the responsibility of the Contractor.The CE&I Team will report safety violations observed during the inspection of the construction activities to the Contractor and COSV PM. Environmental&Erosion Control Monitoring—The CE&I Team will monitor and observe the Contractor's activities for compliance with COSV's General Construction Permit and the hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 Temporary Erosion and Sediment Control (TESC) Plan in the contract documents as well as the contractor's Spill Prevention Control and Countermeasures(SPCC) Plan. Permit Monitoring—The team will identify and monitor project permit requirements.The Contractor and PM will be notified when violations or potential violations are observed. Davis Bacon/DBE/Training Tracking-The team will track training and DBE hours on a monthly basis to confirm contractor is adhering to the plan.The team will perform contractor and subcontractor interviews as required by WSDOT Construction Manual if needed. Assumptions • HDR is not responsible for securing permits for the project. HDR is not responsible for the contractor's compliance or non-compliance with permit conditions. • The City will document and report to the Contractor and Engineer of Record non- conforming work and issue Non-Conformance Reports(NCR)for deficiencies with corrective measures or corrective action plans; develop and maintain a log of the NCR and provide to the Contractor; and as deficiencies are corrected, revise the log by indicating corrected status. • HDR shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control, or have charge of construction. • HDR will provide Safety Plan,Job Hazard Analyses (JHA's), safety training, and personal protective equipment for the HDR staff. • Any City staff performing inspections or quality assurance field work will be briefed in the safety protocols of HDR and requested to participate in safety related activities. • HDR's observation or monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. • HDR is not responsible for the contractor's failure to comply with any permit requirement including compliance with environmental permits and/or requirements. • It is assumed there are no hazardous materials on the site and HDR will not be tracking disposal of contaminated or hazardous materials. • It is assumed no materials are to be salvaged, except where noted otherwise in the Special Provisions. • One (1) IDR will be developed per on-site inspector, per day Deliverables • IDRs from Inspectors • Non-Conformance Reports • DBE Interviews as required. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY • Wage Interviews per contractor and job classification. TASK 3 MATERIAL SAMPLING AND TESTING The CE&I Team will provide material sampling and testing services to verify materials and workmanship incorporated into the project conform to the requirements of the plans and specifications of the construction contract including approved changes.Samplers and testers will be WAQTC qualified. 3.1 Quality Assurance and Verification Testing—Sample and test project materials according to the contract documents, CA Manual, ROM, and Sample Schedule.Transport samples to the appropriate laboratory for testing. Meet minimum testing frequencies with special attention paid to project phasing. Work with COSV staff to update ROM as the project progresses (minimum monthly). Perform check tests on failing tests. If the test still fails, notify COSV. Field test and laboratory test deliverables will document sampling and testing services. 3.2 Field Test Reporting—Prepare test reports on material testing performed in the field and transmit the results to both COSV and Contractor within two (2)working days. Inform COSV of the schedule for sampling and testing with record of notification via email. 3.3 Laboratory Testing and Reporting—Test material samples at a qualified laboratory(located at STRATA). Prepare test reports on material testing performed in the laboratory and transmit the results to both COSV and Contractor within two (2)working days. Contractor Quality Control Plan—Verify the Contractor is performing quality control tests at the required frequency and that results indicate the materials meet specifications. If tests indicate materials do not meet specifications, notify COSV within one (1)working day. Task 4 SCHEDULE REVIEW The CE&I Team will perform a detailed review of the Contractor's Baseline CPM schedule and provide Baseline schedule review summary. 4.1 CPM Schedule Updates—Provide review and comparison of the contractor's monthly schedule updates each month in comparison to the approved baseline schedule. Deliverables • Monthly schedule review, discussion, and report- Estimate 8 hours each review, discussion, and report. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 I-YZ Assumptions • HDR/Prima Pacific will review the schedule updates at a minimum in PDF format from the contractor but will review the data file that is submitted in either P6 or MS Project software. • Only one CPM schedule at the start of the project for the initial approval with 1 additional round of reviews. • Monthly updated schedule review, up to four(4) additional schedule reviews. Task 5 PROJECT MANAGEMENT The CE&I Team will provide project management for the duration of the agreement. 5.1 Project Management—The CE&I Team will provide Project Management including assigning staff to perform the tasks; prepare monthly invoices and progress reports; and prepare a Project Guide summarizing pertinent information regarding the project such as project contact information, emergency contact information,safety guide,and quality control guide. Up to four(4) internal review meetings will be conducted to review project risks and mitigation measures. 5.2 Safety Plan—HDR will create a CE&I safety plan prepared specifically for HDR staff on this project.The safety plan includes project description, emergency contact information,job hazard analysis(JHA), and safe work procedures for project specific activities.The plan will be reviewed by field staff. In addition, HDR staff will review the safety plan prepared by its subconsultants. Deliverables • Provide comments and suggestions on items to be incorporated into the schedule meeting the standard specifications. TASK 6 PROJECT CLOSE-OUT The CE&I Team will prepare project documentation to close out the files on work performed at the end of the project.The CE&I Team's goal is to turn over records and materials documentation for COSV review within 60 days of project completion, to the extent that it is within the CE&I Team's control to do so,to allow ample time for COSV documentation review and follow up response to comments. 6.1 Contract Documents—The CE&I Team will conduct a review of contract documents including tests and approvals, shop drawings, and material certifications required so they are ready for review by COSV and WSDOT if needed.The CE&I Team will provide replies to inquiries by the reviewers regarding project documentation provided by the CE&I Team. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY 6.2 Substantial Completion—An inspection will be completed when the Contractor notifies COSV that the project is substantially complete and ready for its intended use to verify substantial completion.A letter of substantial completion will be prepared for the PM at the conclusion of the inspection if there are no outstanding work items. The CE&I Team will document any"punch list" items that still need to be completed by the Contractor. 6.3 Final Inspection—A final inspection will be completed to verify that the work is acceptable prior to the CE&I Team recommending that final payment to the Contractor be issued. Recommendations will be made by the CE&I Team verifying that the work is acceptable to the best of their knowledge, information and belief based on the extent of the services provided under this agreement.A letter of physical completion will be prepared at the conclusion of the inspection if there are no outstanding work items. 6.4 Record Drawings—The CE&I Team will review record drawings received from the Contractor and compare the information to contract requirements.The CE&I Team will maintain their own record drawings to compare against the Contractor's copy. Record drawings will be transmitted to the FOR for finalization. Assumptions • Only one substantial completion site visit and one final/physical completion site visit will be required. Deliverables • Substantial Completion and Physical Completion letters • Punch list • Delivery of final file folders. TASK 7 PUBLIC INVOLVEMENT The CE&I Team will prepare A Public Involvement Plan (PIP) which defines and outlines the public involvement strategy for identifying and engaging the community, local government, local media, neighborhood associations, and other stakeholders prior to and during construction.The PIP includes an initial list of project stakeholders and an outline of the proposed public involvement tools.This scope serves as the PIP and outlines this project's anticipated public involvement strategies.To the extent that it is within the CE&I Team's control to do so,to allow ample time for COSV to push out the documents. Assumptions 1. For this scope, Big Sky Public Relations will plan efforts through August 31, 2024. 2. HDR will support Big Sky Public Relations with technical background information and participation in stakeholder communications. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY 3. The City of Spokane Valley will be asked to provide technical information, participate in media interviews, provide content guidance, key messages and review materials. 4. Big Sky Public Relations will coordinate the review of the project materials with the City of Spokane Valley, project team representatives, and any other requested staff. 5. Big Sky PR will be the local contact for the project, providing a direct email contact and a project hotline that is staffed Monday to Friday during business hours. 6. Big Sky Public Relations will maintain a project communications log. 7. Big Sky Public Relations will provide the City of Spokane Valley's communication team with content for their dissemination. Big Sky Public Relations will only act on behalf of the project as directed by the City of Spokane Valley. 7.1 Public Involvement Communications Log • Maintain an official communications log from stakeholder meetings, outreach, and stakeholder communications. • Maintain and update the project stakeholder contact database. • Stakeholders include surrounding business owners, restaurants,the local hospital, urgent care, and medical offices.Additional stakeholders include residents living within the project area or those who commute through the intersection on a daily basis. Content Creation • Facilitate approvals of graphic design materials between the project team and the City of Spokane Valley, as requested by the project team. • Create an informational project brochure,website content, social media posts, print and digital advertising, Every Door Direct Mailer, and any other necessary educational items, as requested by the project team. • Create regularly scheduled weekly project updates to be distributed to the stakeholder contact list via email, project webpage and any other mediums that the Spokane Valley's communication team sees fit. Design Management • Manage graphic design for informational project brochure,website content, print and digital advertisements, Every Door Direct Mailer, and any other necessary educational assets as requested by the project team. Event Management Assistance • Coordinate the public meeting with the project team and the City of Spokane Valley. • Plan and execute the public meeting at the appropriate agreed-upon date. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY Material Distribution • Material distribution before and after the public meeting and stakeholder meetings.Any distributed supplemental content for the media. • Canvassing of the project area before the public meeting/open house if needed. Media Buying&Planning • Organize and implement the print and digital advertising buys and placements if needed. Media Relations • Track regularly for project mentions and public sentiment in media outlets. • Create and distribute two press releases for the project, one that announces the start of construction and another that announces the completion of the project. • Field project media requests. • Draft talking points and interview preparation if needed. Research • Historical records and technical documents review. • Research to gather information/imagery for material development. • Track local media stories and maintain a log of those relevant to the project. Social Media(If Needed) • Manage and monitor social media ads, including Facebook, Instagram,and Nextdoor ads. Stakeholder Communication • Manage communications with the project team, stakeholders, landowners,and the community regarding the project. • Develop and maintain an email list for those interested in receiving updates about the project if needed. • Distribute regularly scheduled email updates to the contact email list. Travel • Travel to the project area for stakeholder meetings, canvassing,the public meeting, and visits to the project site,as requested by the project team if needed. • Per-diem meals, lodging, and mileage for one round trip from Missoula to Spokane Valley for a Big Sky PR representative to assist with the public meeting if needed. • Mileage for six round trips by local Big Sky PR project manager to visit the project area for canvassing and public tabling events and to attend the public meeting if needed. Website Updates • Create content for a webpage on the City of Spokane Valley's website for the project. • Update the project webpage on the City's website if needed. • Post regularly scheduled project updates on the project webpage if needed. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 City of Spokane Valley I Pines and Mission Intersection Improvements Construction Management Services—Scope April 02,2024 FY Deliverables • Content for a project webpage on the City of Spokane Valley's website that includes a project logo, map, and other materials deemed relevant. • Updates to the project webpage hosted on the City's website, if needed. • Regularly scheduled email and webpage updates informing on the project's progress. • One (1) communication and listening log and contact database. • Two (2) press releases,one announcing the start of the project and another announcing the completion if needed. • One (1) project brochure that can be distributed at stakeholder meetings,the public meeting, and available for download on the project website. • Print ads to be featured in the Spokane Valley News and The Spokesman-Review and other local publications if needed, announcing the project at the start of construction as well as at the end of construction, announcing the project's completion if needed. • Digital advertisements, including Facebook, Instagram,and Nextdoor ads,will be used to announce the project.These ads will also be used throughout the project to inform the public of construction activities.At the end of the project, digital ads will be used to announce the completion of the project if needed. • Radio ads to be distributed to local stations to announce the project.These ads will also be used throughout the project to inform the public of construction activities if needed.At the end of the project, digital ads will be used to announce the completion of the project if needed. • Display boards featuring project information to be presented at the public meeting/open house. TASK 8 RESERVE MANAGEMENT 7.1 Reserve Management Hours • These hours will be reserved for the CEI Team on an as needed basis for work on the aforementioned scope that may need additional time due to unforeseen additional scope added from the contractors progress and work schedule. hdrinc.com 610 West Hubbard Avenue,,Suite 227,,Coeur d'Alene,ID 83814-2288 (208)676-1130 Exhibit B DBE Participation DBE Participation Plan and Certifications DBE Goal is 13% DBE Subconsultants: Big Sky Public Relations (DBE/WBE) @ $42,000 (13.14%) Total anticipated DBE= 13.14% See attached certifications Agreement Number: 24-072 Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 835 N Post Street,Suite 101,Spokane,WA 99201-2126 (509)343-8500 FYZ April 18, 2024 Rob Lochmiller City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA 99206 Subject: Agreement#24-072—Pines Mission Intersection Improvement Project—Construction Services 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. HDR has identified the following DBE firm to provide Public Relation Services to fulfill the requirements of the Scope of Work. DBE Firm Name Actual Percent Contract Goal Big Sky 13.14% 13.00% TOTAL 13.14% 13.00% We have designated the following individual to enter all required information into the WSDOT Diversity Management and Compliance System(DMCS)for HDR. Kaila Yoshitomi Project Accountant HDR Engineering, Inc. (425)468-1502 Kaila.Yoshitomi@hdrinc.com If you have any questions,please feel free to call me at(425)450-6320. Sincerely, Q°k0S— Rob Berman Washington Area Operations Manager Page 1 of 1 Certified Profile CLOSE WINDOW Print Business & Contact Information BUSINESS NAME Big Sky Public Relations, DBA Big Sky Public Relations OWNER Ms. Courtenay Sprunger ADDRESS 111 S Main St Suite 200 Kalispell, MT 59901 (map] PHONE 406-261-7665 FAX 406-261-7665 EMAIL courtenay@bigskypublicrelations.com WEBSITE https://www.bigskypublicrelations.com/ COUNTY Flathead (MT) Certification Information CERTIFYING AGENCY Washington State Office of Minority&Women's Business Enterprises CERTIFICATION TYPE DBE- Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Public Relations, Public Involvement Commodity Codes Code Description NAICS 541820 Public relations agencies Additional Information SBE CERTIFICATION Yes U B I# 604083425 CERTIFICATION NUMBER D2F0026328 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 N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: 24-072 Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant The Agency will provide review and comments on select deliverables. E. Specify the Electronic Deliverables to Be Provided to the Agency See attached Exhibit A: Scope of Services F. Specify What Agency Furnished Services and Information Is to Be Provided See attached Exhibit A: Scope of Services Agreement Number: 24-072 Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 II. Any Other Electronic Files to Be Provided See attached Exhibit A: Scope of Services III. Methods to Electronically Exchange Data Electronic Mail, CD,USB Drive, and/or Collaboration Site (COSV DRIVE or ProjectWise), Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 A. Agency Software Suite MS Office, Adobe Acrobat,Bluebeam, etc. B. Electronic Messaging System MS Outlook C. File Transfers Format City's DRIVE Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See Exhibit D: Consultant Fee Summary Agreement Number: 24-072 Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Exhibit D City of Spokane Valley Pines Mission Intersection Improvement Project Number: CM-4060(001) HDR Direct Classification Hrs. x Rate = Cost 1 Project Manager 554.0 $ 47.48 $ 26,303.92 2 Inspector 801.0 $ 45.76 $ 36,653.76 3 Project Accountant 26.0 $ 45.00 $ 1,170.00 4 Principle 4.0 $ 100.16 $ 400.64 5 $ - 6 $ - Total Hrs. 1,385.0 Salary Cost $ 64,528.32 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $ - Total Salary Cost $ 64,528.32 Overhead Cost @ 157.57% of Direct Labor $ 101,677.27 Net Fee @ 30.0% of Direct Labor $ 19,358.50 Total Overhead&Net Fee Cost $ 121,035.77 Direct Expenses No. Unit Each Cost Mileage 3,820 (Miles) $ 0.67 $ 2,559.40 Hotel Expense 0 (Days) $Per Diem Travel Day 0 (Days) $ - Per Diem Full Day 0 (Days) $ - Misc. Office/Field Expenses 1 (Dollars) $ 280.00 $ 280.00 Public Relation Services-Big Sky 1 (Dollars) $ 42,000.00 $ 42,000.00 (DBE) $ - Subtotal $ 44,839.40 HDR Total $ 230,403.49 Subconsultants DEA Total $ 50,235.92 Strata Total $ 39,040.68 Subconsultant Total 27.9% $ 89,276.60 Direct Expenses Sub-Total(including Subconsultants) $ 134,116.00 Total Costs $ 319,680.09 Page 1 of 1 Printed:4/11/2024, 10:59 PM Exhibit E Sub-consultant Cost Computations If no sub-consultant participation 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 this AGREEMENT. See Exhibit E: Sub-Consultant Fee Summary Agreement Number: 24-072 Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Exhibit E City of Spokane Valley Pines Mission Intersection Improvement Project Number: CM-4060(001) David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Project Manager 18.0 $ 80.00 $ 1,440.00 2 Inspector 284.0 $ 49.02 $ 13,921.68 3 Project Accountant 10.0 $ 37.84 $ 378.40 4 $ - 5 $ - 6 $ - Total Hrs. 312.0 Salary Cost $ 15,740.08 Salary Escalation Cost(estimated) Escalation -%of Labor Cost 0% per year @ 0 year(s) $ - Total Salary Cost $ 15,740.08 Overhead Cost @ 178.74% of Direct Labor $ 28,133.82 Net Fee @ 30.0% of Direct Labor $ 4,722.02 Total Overhead &Net Fee Cost $ 32,855.84 Direct Expenses No. Unit Each Cost Mileage 2,074 (Miles) $ 0.67 $ 1,389.58 Hotel Expense 0 (Days) $ - Per Diem Travel Day 0 (Days) $ - Per Diem Full Day 0 (Days) $ - Misc. Office/Field Expenses 1 (Dollars) $ 250.00 $ 250.00 $ - $ - Subtotal $ 1,640.00 David Evans and Associates Total $ 50,235.92 Subconsultants - Hrs $Total Total 0.0% 0.0% 0.0% 0 Subconsultant Total 0.0% $ - Direct Expenses Sub-Total (including Subconsultants) $ 1,640.00 Total Costs $ 50,235.92 1 Page 1 of 1 Printed:4/2/2024, 9:36 PM Exhibit E City of Spokane Valley Pines Mission Intersection Improvement Project Number: CM-4060(001) Strata Direct Classification Hrs. x Rate = Cost 1 Project Manager 73.0 $ 52.88 $ 3,860.24 2 Tester(Field) 168.0 $ 32.55 $ 5,468.40 3 Tester(Lab) 84.0 $ 24.15 $ 2,028.60 4 Accountant 20.0 $ 27.00 $ 540.00 5 $ - 6 $ - Total Hrs. 345.0 Salary Cost $ 11,897.24 Salary Escalation Cost(estimated) Escalation -%of Labor Cost 0% per year @ 0 year(s) $ - Total Salary Cost $ 11,897.24 Overhead Cost @ 191.45% of Direct Labor $ 22,777.27 Net Fee @ 30.0% of Direct Labor $ 3,569.17 Total Overhead &Net Fee Cost $ 26,346.44 Direct Expenses No. Unit Each Cost Mileage 1.190 (Miles) $ 0.67 $ 797.30 Hotel Expense 0 (Days) $ - Per Diem Travel Day 0 (Days) $ - Per Diem Full Day 0 (Days) $ - Misc. Office/Field Expenses 0 (Dollars) $ - $ - $ - Subtotal $ 797.00 Strata Total $ 39,040.68 Subconsultants - Hrs $Total Total 0.0% 0.0% 0.0% 0 Subconsultant Total 0.0% $ - Direct Expenses Sub-Total (including Subconsultants) $ 797.00 Total Costs $ 39,040.68 Page 1 of 1 Printed:4/2/2024, 9:31 PM Exhibit F - Title VI 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, (Title of Modal Operating 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 Modal Operating Administration 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 Modal Operating Administration 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 (Title of Modal Operating 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 (Title of Modal Operating 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 (Title of Modal Operating 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 (Title of Modal Operating 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. Local Agency A&E Professional Services Cost Agreement Number 24-072 Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI 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). Local Agency A&E Professional Services Agreement Number 24-072 Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G Certification Documents 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 EAl,ibit G-4 Ccrtificatc of Currcnt Cost or Pricing Data Agreement Number: 24-072 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of HDR Engineering, Inc. whose address is 835 N Post Street, Suite 101, 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 this AGREEMENT; 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); I acknowledge that this certificate is to be furnished to the City of Spokane Valley 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. HDR Engineering, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: 24-072 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: n 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; or 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. 6/-z y Signature Date Agreement Number: 24-072 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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; and 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. HDR Engineering, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: 24-072 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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 cooperative AGREEMENT. 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 required certification shall be subject 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. HDR Engineering, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: 24-072 Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's 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. Agreement Number: 24-072 Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region 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. Agreement Number: 24-072 Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 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) are a total of$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 the Agency'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. Agreement Number: 24-072 Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 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 associated 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. Agreement Number: 24-072 Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 ^ Page 1 of 2 A C /`l7 lQ0 DATE(MM/DD/YYYY) 1...' CERTIFICATE OF LIABILITY INSURANCE 04/18/2024 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 CONTACT WTW Certificate Center NAME: Willis Towers Watson Midwest, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd (A/C.No Ext): (A/C,No): P.O. Box 305191 E-MAIL ADDRESS: certificates@wtwco.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Ohio Casualty Insurance Company 24074 11 Engineering, Inc. LibertyInsurance Corporation 42404 1917 South 67 th Street INSURER C: � Omaha, NE 68106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W33274641 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGETORENTED PREMISES ({Ea occurrence) $ 1,000,000 A X Contractual Liability MED EXP(Any one person) $ 10,000 Y Y TB2-641-444950-033 06/01/2023 06/01/2024 PERSONAL RADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PROCT X LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JE OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-043 06/01/2023 06/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESSLIAB CLAIMS-MADE Y Y EUO(24)57919363 06/01/2023 06/01/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 WORKERS COMPENSATION X PER GTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? No N/A Y WA7-64D-444950-013 06/01/2023 06/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE Attn: Glenn Ritter 10210 E Sprague Ave `,// Spokane Valley, WA 99201 #7" "�U ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 25742534 BATCH: 3426774 AGENCY CUSTOMER ID: LOC#: ACCPRO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. HDR Engineering, Inc. 1917 South 67th Street POLICY NUMBER Omaha, NE 68106 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Re: City of Spokane Valley Pines and Mission Intersection Improvements Project (CIP#0300) . Additional Insureds & Waiver of Subrogation: State and Agency, their officers, employees and agents. Employers Liability for the Monopolistic States of ND, OH, WA & WY is provided in the Workers Compensation policy. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25742534 BATCH: 3426774 CERT: W33274641 DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 6/1/2024 4/23/2024 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 Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE E:t): I(A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds of London INSURED HDR ENGINEERING,INC. INSURER B: 1429583 1917 SOUTH 67TH STREET INSURER C: OMAHA NE 68106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20520027 REVISION NUMBER: XXXXXXX 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. LTRINSR TYPE OF INSURANCE IINDSD SWVD R POLICY NUMBERPOLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCEDAMAGE TO RENTED $ X O(XXXX CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX _ ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXJO� AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB _ OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER ERH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXJ0�30( OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXX3000( If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXX�00XX A ARCH&ENG N N P001412300 6/1/2023 6/1/2024 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE:$1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:City of Spokane Valley Pines and Mission Intersection Improvements Project(CIP#0300) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20520027 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: GLENN RITTER 10210 E SPRAGUE AVE. AUTHORIZED REPRESENTATIV 1 SPOKANE VALLEY WA 99201 M 4 /f I sue' ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D608624 Master ID: 1429583,Certificate ID: 20520027 This endorsement, effective: 06/01/2023-06/01/2024 Forms a part of policy no.: P001412300 Issued to: HDR Engineering, Inc. By: Lloyd's of London NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS ENDORSEMENT Except respect cancellation non-payment premium (10 day notice cancellation), the Insurer shall give 30 day notice cancellation the Certificate Holder(s)set forth herein, provided that: The First Named Insured is required by contract give notice cancellation the Certificate Holder, and Prior the Insurer sending notice cancellation the First Named Insured the First Named Insured shall provide the Insurer in writing, either directly or through the First Named Insured broker record, the name each person or organization requiring notice cancellation and the corresponding address such person orther employee responsible receipt of notice of cancellation on behalf of such organization. Notice cancellation be sent in accordance the terms and conditions the policy, except that the Insurer may provide written notice individually or collectively the Certificate Holders by email at the current email address given by the First Named Insured Proof sending the notice of cancellation by email shall be sufficient proof of notice. Any failure provide notice cancellation the Certificate Holder due inaccurate or incomplete information provided by the First Named Insured shall remain the sole responsibility the First Named Insured The following definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown in Item 1. of Declarations. 2. Insurer means the insurance company shown in the header on the Declarations. All other terms and conditions of the policy remain the same 2 - 1 ? ACO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/1/2025 5 14/2 24 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). CONT PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX (A/C.No.Ext): (A/C,No): Kansas City MO 64 1 1 2-1 906 E-MAILD (816)960-9000 kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds of London INSURED HDR ENGINEERING,INC. INSURER B: 1429583 1917 SOUTH 67TH STREET INSURER C: OMAHA NE 68106 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20520027 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTRINSD VD POLICY NUMBER (MMIDD/YYYYI (MM/DD/YYW) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCEDAMAGE RENE $ XXXXXXX CLAIMS-MADE OCCUR PREMISESO(Ea occur ence) $ MED EXP(Any one person) $ XXXXXXX PERSONAL 8 ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED _ AUTOS ONLY SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY ^ AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXX0(XX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XX fix WORKERS COMPENSATION NOT APPLICABLE SPER TATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXX00( OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ XXX��}O0X If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A ARCH&ENG N N P1001412400 6/1/2024 6/1/2025 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE:$1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:City of Spokane Valley Pines and Mission Intersection Improvements Project(CIP#0300) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20520027 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:GLENN RITTER 10210 E SPRAGUE AVE. AUTHORIZED REPRESENTATW SPOKANE VALLEY WA 99201 Z7 M 4.itzt‘ ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code:D608624 Master ID: 1429583,Certificate ID:20520027 This endorsement, effective: 06/01/2024-06/01/2025 Forms a part of policy no.: P1001412400 Issued to: HDR Engineering, Inc. By: Lloyd's of London NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS ENDORSEMENT Except respect cancellation non-payment premium (10 day notice cancellation), the Insurer shall give 30 day notice cancellation the Certificate Holder(s)set forth herein, provided that: The First Named Insured is required by contract give notice cancellation the Certificate Holder, and Prior the Insurer sending notice cancellation the First Named Insured the First Named Insured shall provide the Insurer in writing, either directly or through the First Named Insured broker record, the name each person or organization requiring notice cancellation and the corresponding address such person orther employee responsible receipt of notice of cancellation on behalf of such organization. Notice cancellation be sent in accordance the terms and conditions the policy, except that the Insurer may provide written notice individually or collectively the Certificate Holders by email at the current email address given by the First Named Insured Proof sending the notice of cancellation by email shall be sufficient proof of notice. Any failure provide notice cancellation the Certificate Holder due inaccurate or incomplete information provided by the First Named Insured shall remain the sole responsibility the First Named Insured The following definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown in Item 1. of Declarations. 2. Insurer means the insurance company shown in the header on the Declarations. All other terms and conditions of the policy remain the same