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24-139.00FehrAndPeersSubareaTransportaionPlanning Contract No. 24-139 AGREEMENT FOR PROFESSIONAL SERVICES Fehr&Peers Subarea Transportation Planning THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Fehr & Peers, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2025, unless the time for performance is extended in writing by Agreement for Professional Services(with professional liability coverage) Page 1 of 8 Contract No. 24-139 the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $155,725 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards,City Code, and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Marci Patterson,City Clerk Name: Chris Breiland Phone: (509) 720-5000 Phone: (206) 576-4217 Address: 10210 East Sprague Avenue Address: 601 Union Street Spokane Valley,WA 99206 Suite 3525 Seattle,WA 98101 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; Agreement for Professional Services(with professional liability coverage) Page 2 of 8 Contract No.24-139 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an Agreement for Professional Services(with professional liability coverage) Page 3 of 8 Contract No.24-139 additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and$2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Agreement for Professional Services(with professional liability coverage) Page 4 of 8 Contract No. 24-139 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. Agreement for Professional Services(with professional liability coverage) Page 5 of 8 Contract No.24-139 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift, favor,service,or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: Agreement for Professional Services(with professional liability coverage) Page 6 of 8 Contract No. 24-139 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling,terminating, or suspending the Agreement,in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto.Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; 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 U.S.C. §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 Agreement for Professional Services(with professional liability coverage) Page 7 of 8 Contract No.24-139 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 Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 23. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates 4 The Parties have executed this Agreement this IV" day of J u L`l , 20 2 1 . CITY OF SPOKANE VALLEY Consultant: JoluAohman,City Manager By: Chris Breiland, Principal Its: Authorized Representative APPROVED AS TO FORM: Offi oft e Ci Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 8 EXHIBIT A CITY OF SPOKANE VALLEY TRANSPORTATION PLANNING SERVICES Subarea Transportation Plan Scope of Work TASK 1—PROJECT MANAGEMENT 1.1:Kickoff Meeting The Consultant will host a virtual kickoff meeting for the project that will discuss the following topics,at a minimum: • Project Scope of Work and Schedule • Identify and confirm intersections for existing and future year traffic operations analysis. • Use of Spokane Regional Transportation Council(STRC)Model, identifying and discussing methods and assumptions as needed. • Development of traffic mitigations and capital project improvements and cost estimates • Preparation of draft and final report requirements • Other project information and needs as required Deliverables:Project Kickoff Meeting Notes 1.2: Coordination Meetings Over the course of this 9-month project, the Consultant will conduct coordination meetings with City staff,as required. A total of six meetings are assumed during the duration of the project.Up to four(4) consultant staff members may attend coordination meetings, although it will typically include one or two consultant staff members. Deliverables: Coordination Meeting Notes 1.3:Monthly Invoices The Consultant will submit monthly invoices showing the previous month's billing by hours and tasks, and a project report by task. Deliverables:Monthly Invoices TASK 2—EXISTING CONDITIONS ANALYSIS/IDENTIFY EXISTING DEFICIENCIES 2.1:Model Existing Conditions The Consultant will use Synchro/SimTraffic, Sidra,and/or HCS software to analyze traffic operations at up to 30 study intersections and Interstate-90 segments in the study area for AM and PM peak hours. The City will provide,to the extent feasible, existing Synchro networks to increase efficiency. Intersection counts will be provided by the City for all intersections. SubArea Transportation Plan SCOPE OF WORK Page 2 of 4 Consultant will utilize existing WSDOT traffic counts or utilize estimates from StreetLight Data for I-90 mainline volumes. Deliverables:New Consolidated Synchro Network, Sidra model files and/or SimTraffic model files 2.2:Identify Existing Deficiencies Based on the results of the existing conditions analysis,the Consultant will identify existing deficiencies using City Level of Service(LOS) Standards by intersection and WSDOT LOS Standards for freeway facilities. Deliverables:LOS table highlighting deficiencies for all intersections 2.3:Draft Improvement Projects and Cost Estimates Potential improvements will be identified to correct existing deficiencies and meet City standards. The Consultant will identify the lowest-cost improvement available to correct the deficiency. The draft list of deficiencies and improvement projects will be shared with City staff for review and comment.No project improvements will be assumed to correct any existing deficiencies on I-90, however if any deficiencies are identified on I-90 we will work with City staff to identify reasonable measures that could reduce the significance of the deficiency(e.g.,ramp meters, extending merge areas). Deliverables: Draft and Final project improvement lists with planning level cost estimates. TASK 3—FUTURE CONDITIONS TRAVEL DEMAND MODEL DEVELOPMENT 3.1: Travel Demand Model Subarea The Consultant will work with City staff and the Spokane Regional Transportation Council (SRTC)to obtain the most recent and current regional travel demand models(TDM)for this analysis.Requested models include the existing year and horizon year build scenarios. The existing year scenario will be used as a basis to compare existing traffic counts for purposes of adjusting future projections. This will also be a necessary element in identifying existing land uses versus horizon year land use forecasts. The existing year scenario will be reviewed for network coding and up to 16 hours of time to refine existing year network coding is assumed. Note that the Consultant will also be refining this model for other regional efforts,which will verify land use assumptions and network and transit assumptions in other parts of Spokane Valley. The horizon year build scenario is assumed to include land use forecasts as well as major transportation improvements such as the North Spokane Corridor and projects slated for near- term construction such as the Pines/BNSF Grade Separation project. All changes between the existing and horizon year scenario near the project study area will be confirmed by City staff. Deliverables: Updated Existing Year Scenario, documentation of model updates 3.2:Interim Year Scenarios With the future year scenario identified,the Consultant will update the SRTC horizon year build scenario to include appropriate development levels within and outside of the subarea boundaries. SubArea Transportation Plan SCOPE OF WORK Page 3 of 4 The purpose of these interim year scenarios is to identify development thresholds that will trigger the implementation of major capital projects in and near the Subarea. The Consultant will develop the land use forecasts outside of the subarea based on linear interpolation between the SRTC base year and the SRTC horizon year forecasts in the TDM for an assumed interim year. Inside the subarea,work with City staff to identify an appropriate level of land use commensurate with planned development for each interim year model scenario. Up to three(3)interim year scenarios will be run based on different amounts of land use growth within the study area and background growth outside of the study area. This task is anticipated to require some modeling iteration with the Task 4 analysis to identify trip generation thresholds that necessitate improvements to Subarea transportation infrastructure. Deliverables: Three interim year scenarios, including a list of transportation improvements included in each and land use growth assumptions within the Subarea. TASK 4 — FUTURE YEAR TRAFFIC OPERATIONS ANALYSIS AND CAPITAL PROJECT LIST 4.1:Horizon/Interim year traffic volume forecasts The Consultant will develop horizon year intersection level traffic volumes for up to four(4) future year land use scenarios (three interim year and one horizon year). Given the regional nature of the model,the consultant will utilize the existing traffic counts,existing TDM, and interim/horizon year TDM output to develop localized traffic data for intersection turning movement volumes for the AM and PM peak hours. 4.2:Horizon/Interim Year Operational Analysis With the future year models developed and turning movement volumes determined,use the Synchro/SimTraffic, Sidra model(s) and HCS analysis from Task 1 to evaluate horizon and interim year traffic operations. In addition to the intersections/freeway facilities described in Task 1,the Consultant assumes that up to five additional intersections internal to the subarea will also be evaluated. Based on the results of the traffic operations analysis,the Consultant will develop a draft set of mitigation measures required to meet City LOS standards and avoid LOS or queuing impacts to I- 90.In some cases,there will be several options to address capacity needs; appropriate projects will be reviewed with City staff. These options may include capital construction projects, transportation system management/signal modifications, or other mitigation. Once an approved set of mitigation measures is defined,develop planning-level cost estimates using standard cost estimating data sources (WSDOT data, any recent project bid tabulations,etc.). Deliverables:Horizon and interim year Synchro, Sidra, and HCS files, LOS table, draft list and map of mitigation measures, cost estimates for mitigation measures, draft Capital Project List. TASK 5—CALCULATE ELIGIBLE PROJECT COSTS The Consultant will calculate the eligible project costs for attributable to new development based on the mitigation project list. Eligible costs exclude costs to correct an existing deficiency and costs related to growth outside of the subarea. SubArea Transportation Plan SCOPE OF WORK Page 4 of 4 5.1:Eligible Project Cost by Zone In consultation with the City,the Consultant will identify potential mitigation fee zones within the subarea. To aid in this effort,the Consultant will provide preliminary results of the full subarea along with mapping of mitigation projects to determine potential zone boundaries. City staff will review and suggest modifications to an initial set of zone boundaries.Once a draft of mitigation fees per zone is calculated,the Consultant will make one additional refinement of zone boundaries and fees,if requested by the City. Deliverables:Eligible cost/trip fee calculations by subarea. TASK 6—DRAFT AND FINAL REPORT 6.1:Draft Report The Consultant will document the methods and assumptions used for the analysis listed in the above tasks. The report will include key model outputs(volumes,LOS results, etc.),proposed intersection improvements with associated planning level cost estimates for each model scenario, and mitigation fees by zone calculated from the analysis. Deliverables:Draft technical report for City review. 6.2:Final Report The Consultant will finalize the draft report in task 6.1 by incorporating City comments/recommendations received. It is assumed that one(1)round of City feedback will be provided for the final report. Deliverables:Final technical report with all supporting documentation as required. Note: The Consultant is anticipating that the report for this document could be used either as a basis for a voluntary SEPA mitigation fee program or as a rate study for a GMA impact fee program. This budget does not assume the development of a detailed rate table or impact fee ordinance, however the City will have all the information necessary to implement either a mitigation or impact fee based on the findings of this study. EXHIBIT l' 7/3/24 Principal in Modeling/ Project - Spokane Valley SubArea Transportation Plan Project Manager Operations Graphics Admin Accounting Charge Planner Lead Total Comments Chris Josh Hartley Jeff Pierson Ash Avila Jane Flynn Brittany Skinner Fehr&Peers Fee Proposal Breiland Tasks $ 380 $ 245 $ 265 $ 135 $ 145 $ 190 Task 1:Project Management $ 9,940 1.1 Kick-Off Meeting 2 2 2 2 2 $ 2340 1.2 Coordination Meetings 2 6 4 4 2 $ 4,120 6 meetings total 1.3 Invoice Review 6 6 .. $ 3,480 Task 2:Existing Conditions Analysis/Identify Existing Deficiencies - $ 26,000 8 16 80 Assumes 26 Synchro/Sidra and up to 4 SimTraffic-Barker Rd 21 Model Existing Conditions $ 17,000 Interchange with Broadway,up to 4 hours for 1-90 HCS Analysis 22 Identify Existing Deficiencies 8 16 $ 4,120 2.3 Draft Improvement Projects and Cost Estimates 2 8 16 $ 4,880 Task 3:Future Conditions Travel Demand Model Development $ ,:18,650 3.1 Travel Demand Model Subarea(SRTC) 4 24 8 $ 8,420 3.2 Horizon/Interim Year Models 2 6 20 20 $ 10,230 4 scenarios Task 4:Future Year Traffic Operations Analysis and Capital Project List $ 71,645 4.1 Horizon/Interim Year Traffic Volume Forecasts 4 16 16 $ 7,380 Horizon/Interim Year Operational Anaysis-Synchro/Sidra/SimTraffic(up 4.2 to 35 intersections AM&PM Peak) 16 24 215 $ 39,305 4.3 Identify Mitigation Measures and/or Projects 16 32 $ 8,240 4.4 Captial Project List and Planning Level Cost Estimates 4 40 40 $ 16,720 Task 5:Calculate Eligible Project Costs $ 10,260 5.1 Eligible Projects Costs by Subareas 2 4 24 16 $ 10,260 Assume separate mitigation fee zones Task 6:Draft and Final Report $ 12,760 6.1 Draft Report 2 8 4 32 $ 8,100 6.2 Final Report(incorporating City Comments) 2 6 18 $ 4,660 Labor Total 18 142 134 515 0 10 6 $ 149,255 Traffic counts $ 500 AM and PM traffic volume estimates on 1-90 from StreetLight Other Direct Expenses(mileage,printing,webmap licensing,translations, etc.) $ 5,970 Total $ 155,725 Notes This fee proposal is valid for a period of 90 days from the proposal submittal date. Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts;the overall fee will not be exceeded. Mileage is billed at the IRS rate plus 10%handling fee All other direct expenses are billed with 10%handling fee Other direct costs induding computer,communications,parking,and reproduction charges are billed as a percentage of labor 1 _____,....', FEHR&PE-01 POPPELLR ACORO DATE(MM/DD/YYYY) `------ CERTIFICATE OF LIABILITY INSURANCE 7/11/2024 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 License#0E67768 CONTACT Gigi Yuen IOA Insurance Services PHONE E tt):(925)660-3514 1 FAX 925 416-7869 3875 Hopyard Road E-MAIL (A/C,No):( ) Suite 200 ADDRESS:Gigi.Yuen@ioausa.com Pleasanton,CA 94588 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:RLI Insurance Company 13056 INSURED INSURER B:Sentinel Insurance Company, Ltd 11000 Fehr&Peers INSURER C:Liberty Insurance Underwriters,Inc. 19917 601 Union Street,Suite 3525 INSURER D: Seattle,WA 98154 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (11/NMIDD/YYYY1 (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/6/2023 12/6/2024 DAMAGE TOES(Ea RENTEDoccurrence) 1,000,000 PREMIS MED EXP(Any one person) __$ 1 0'000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECOT- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY _(Ea accident) $ ANY AUTO PSA0002276 12/6/2023 12/6/2024 BODILY INJURY(Per person) $ — OWNED SCHEDULED_ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTYAMAGE $ - AUTOS ONLY AUTOS ONLY (Per at) $ A _ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002889 12/6/2023 12/6/2024 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X PERTUTE ERH AND EMPLOYERS'LIABILITY Y/N 57WEGZJ1989 5/1/2024 5/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N I A 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Professional Liab. AEXNYABEFJ2008 12/6/2023 12/6/2024 Per Claim 5,000,000 C Professional Liab. AEXNYABEFJ2008 12/6/2023 12/6/2024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:SE24-0961.00/Contract 24-139/Spokane Valley Subarea Transportation Planning All Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability:No company owned vehicles.Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation:Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement,as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE Attn:Jerremy Clark 10210 East Sprague Avenue (Spokane.WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FEHR&PE-01 POPPELLR /""1111 LOC#: 1 ACCPR ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0E67768 NAMED INSURED IOA Insurance Services Fehr&Peers _ 601 Union Street,Suite 3525 POLICY NUMBER Seattle,WA 98154 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S): City of Spokane Valley, as required per written contract ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company - Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense c. In connection with "your work" and included within the "product completed operations committed after you have entered into that contract or agreement. hazard". 4. The following is added to SECTION III K. 2. 2. The insurance provided to the additional insured by this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION li — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the person or organization. We waive these rights only limits of insurance stated in D. Liability And where you have agreed to do so as part of a Medical Expenses Limits of Insurance. contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company • Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage — Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition — Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition — Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1. Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent (50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1. Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by endorsement. 2. Changes In General Conditions: B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1. Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos" you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related However,o thea "auto" of your business. include as an additional insured on this coverage any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodilyinjury' or "property damage" not a covered "auto". � j Y�� occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.S. does not apply if you qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — have workers compensation insurance in-force COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against and Others To Us: We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the "loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A.