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2025, 05-06 Formal B Meeting PacketAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, May 6, 2025 6:00 p.m. Remotely via ZOOMMeeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunit" Citizens must register by 4 p.m. the day of the meeting to provide comment by Zoom. Please use the links below to register to provide verbal or written comment. • Sign p to Provide Verbal Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA SPECIAL GUESTS/PRESENTATIONS: PROCLAMATIONS: National Police Week GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person's public comment time before the three -minute mark. To comment via zoom: use the link above for verbal or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided at the meeting. ACTION ITEMS: 1. Ordinance 25-005: First Read STV-2025-0001— Lori Barlow 2. Resolution 25-010: Spokane Housing Authority Bond — Gloria Mantz [public comment opportunity] 3. Motion Consideration: Argonne/I-90 Bridge Design Contract — Erica Amsden, Robert Blegen [public comment opportunity] Council Agenda May 6, 2025 Page 1 of 2 NON -ACTION ITEMS: 4. Admin Report: WM Update Report — Robert Blegen, Zack Stavros, Zach Bray 5. Admin Report: Impact Fee Areas — Robert Blegen, Jerremy Clark 6. Admin Report: Electric Scooter Regulation Update — Kelly Konkright, Erik Lamb 7. Admin Report: Reckless Endangerment W/Fentanyl Use — Chief Ellis, Lieutenant Kiehn 8. Admin Report: Investment Policy Update — Chelsie Walls INFORMATION ONLY: GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply. COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda May 6, 2025 Page 2 of 2 00000� Spokane ,,;OoValley TOCLAW-AVOW CIqTOTSTOKA9VE V,,,9LLE2; WAVaNG ON NationalToCue Week WHEREAS, In 1962, President John F. Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls, National Police Week; and WHEREAS, there are more than 800, 000 law enforcement officers serving in communities across the United States, including the dedicated officers and K9 's of the Spokane Valley Police Department; and WHEREAS, public safety is the Spokane Valley City Council's highest priority; and WHEREAS, law enforcement officers and our law enforcement K9's work to protect the residents of Spokane Valley from criminals who seek to perpetrate violence and harm innocent lives; and WHEREAS, almost daily, law enforcement off cers face dangerous circumstances and the threat of serious bodily injury or death to ensure the safety of all Spokane Valley residents; and WHEREAS, Spokane Valley's law enforcement also seek to assist our community through a variety of nontraditional means, including nonarrest pathways that connect individuals with treatment and recovery programs; and WHEREAS, the Spokane area is home to the Law Enforcement Officers Memorial Project, the first dedicated in the state of Washington, to honor all law enforcement officers who died in the line of duty; and WHEREAS, May 15th is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half- staff; and NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of Spokane Valley do hereby proclaim May 11-17, 2025, as NATIONAL POLICE WEEK in the City of Spokane Valley and I urge citizens to join in our appreciation to all our officers and K9 's who serve and protect our communities. Dated this 6th day of May 2025. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Ordinance 925-005 — Street Vacation STV-2025-0001 GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington (RCW) 35A.47.020 and chapter 35.79 RCW PREVIOUS COUNCIL ACTION TAKEN: February 11, 2025 - information only item; February 18, 2025 - Administrative Report; on February 25, 2025 - Resolution 25-002 was adopted setting the public hearing date before the Planning Commission for March 27, 2025; and on April 29, 2025 City Council heard the Administrative Report on the Planning Commission recommendation. BACKGROUND: Don and Edith Corson have requested the vacation of the alley segment as described above. The Corson's are in the process of developing the Regal Care Center which will consist of two community residential support and treatment facilities and a building with offices and a gymnasium for the residents. The right- of-way would be incorporated into the development if the request were to be granted. The street segment requested to be vacated abuts property owned by Don and Edith Corson and Robert Carroll. The alley extends from Appleway Avenue. and connects with Greenacres Road. The alley was dedicated by the Corbin Addition to Greenacres Plat recorded July 31, 1923, along with a small sliver of land dedicated by deed on January 22, 1956 (AFN#369325B). The alley is approximately 7' wider (27') at the location it intersects with Appleway Avenue. The right-of-way has not been improved to street standards. The portion requesting to be vacated is paved but functions primarily as access serving the adjacent properties. The area is indistinguishable from the surrounding commercial parking lot, and it appears that buildings have been constructed in the right-of-way. The remaining portion of the alley extending to Greenacres Road is gravel. The total area requested to be vacated is estimated to be 4,042 sq. ft. At the time of application, the alley right-of-way requested to be vacated was adjacent to parcels 55184.1510, 55184.1509, 55184.1521, and 55184.1522. The parcel numbers have changed as BLA- 2024-0026 was completed and recorded with the Spokane County Auditors office on April 3, 2025, to reconfigure the parcels for the proposed development. The amount of property owned by the adjacent properties did not change as a result of the BLA. Property owned by Robert Carroll abuts approximately 13% of the right-of-way requested to be vacated. Property owned by Corson's, the applicant, abuts approximately 87% of the right-of-way requested to be vacated. The Planning Commission conducted a study session on March 13, 2025, and a public hearing on March 27, 2025. Following public testimony and deliberations, the Planning Commission voted 7-0 to recommend approval of STV-2025-0001. The findings and recommendations were approved by the Planning Commission on April 10, 2025. SVMC 22.140.040 provides that City Council must consider the Planning Commission's findings, conditions and/or limitations as appropriate to preserve the public use or benefit, the division of the First Ordinance Reading for STV-2025-0001 Page 1 of 2 vacated right-of-way among abutting property owners, and whether to require compensation for the right- of-way and when it is to be paid. Division of Vacated Right -of -Way to Abutting Property Owners: Half width of the right-of-way dedicated by the Corbin Addition to Greenacres Plat shall be granted to the adjacent property owners, and the 183 sf area granted by deed shall be returned to parcel number 55184.1521 where it originated from, unless one property owner provides a signed and notarized document forfeiting the right to acquire the right-of-way after it is vacated and authorizing it to go to the other property owner. Utility/access easements across the properties will be required to provide access and maintenance of the existing water, electric and gas utilities. Compensation for Right -of -Way: Council adopted Resolution 22-020 to provide a policy on how to require compensation for the vacated right-of-way. The table below provides the analysis conducted consistent with Resolution 22-020 to determine the estimated assessed value of the vacated property. The actual value will be calculated once the record of survey is prepared. The estimated fee for the vacated ROW is $17,683.75. 55184.1509 $38,000 7,600 55184.1510 $342.660 34,266 55184.1521 $64,540 6,454 55184.1522 $74,400 7,440 Average assessed value per square feet of alley ROW Square feet of alley ROW Value of alley ROW area of street vacation 50% of assessed value for alley ROW 1 Value established by the Spokane County Assessor $ 5.00 $ 10.00 $ 10.00 $10.00 $8.75 4,042 4,042 sf x $8.75 = $35,367.50 $35,595.00 x 50% = $17,683.75 Fee for vacated ROW = $17,683.75 OPTIONS: Move to advance to a second reading with or without further amendments. RECOMMENDED ACTION: Move to advance Ordinance #25-005 to a second reading at a future Council meeting. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. PowerPoint Presentation 2. Draft Ordinance 25-005 a. Exhibit A —legal Descriptions of area to be vacated (alley) 3. Resolution 22-020 First Ordinance Reading for STV-2025-0001 Page 2 of 2 � O �H V L O O � O � L i C� (N O O N Q� LL. L Cl) O L L O CO V J LO N O O N M m L >� 0 LO < °° 4 F L O LM 0 O w a CL w V ;t 03 C LO r-o a7 o � � ¢ CD CN L rL <pcp A z- FQOy < � w � L°a Q �3 O Ln L � NuO� cv W Fn Ln • AL 7;t d Ri --- ti L W k k IK:Xr t 1 r i i _ILil I e• , 6 •I' I I � Cc V cc E N E Q C cc �.% / i L 0 V• c =- = M v +0 N �� J • m C p � _p i _p rCc a ca E t O� 004)CL0>-- 0 ■ ne v Ts Lr% TS U' W en = ■ H W 1 m 0 O U) CO W Q � U Cl) W H cn a) a) Ofa) _0 Cl) Z O CU a) can. QO O W U cnccu cn of "� a) �a) W W U— a_ CO U- Oof J d') (D c1r) U Z N a) — >-I ca 70 ca LQL -r-- ;� N O ?� �Q a)I a) I U W Cl) I C C E L � .� c .� -0 H W — O �Q. - � cu QOf OOf OOf Z cn O O 4-0Z Z � I � ZLu co � O N O O U J a O U W DC L'cn ca L'� ca L cu a) 2cn a) 22 Q O J C: W Z U _0 O Q O m � Z I C� o U a Q � O N O Q � W W -0 Q cl) Q- L U CO _ LL� LL�Q i ■� O O � L p m �_ cn N LV N 0 cu ■ U) .L U C }i W CDO � O ■ .. 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V a O V O L a) Q O _ C: QL a) O a) cn '- v N � 70 L Q a) o v L CN m a) •_ a) U v =N L� -a -a y :O L ON 4-0 O L- 4-0_ cn E .L a) 0 a� o o c�a U a) � sz 0 Q U a) o V Q N O 1 N N r O ■ 4- 0 E W N O N ct i IN r ' tivt►i Xstit ,t1 a .� DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 4,042 SQUARE FEET OF ALLEY LYING EXTENDING NORTH FROM APPLEWAY AVENUE AND LYING EAST OF LONG ROAD AND WEST OF GREENACRES ROAD, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on February 25, 2025 the City Council approved Resolution 25-002 to set the public hearing date for the Planning Commission to consider vacation of 4,042 square feet of alley lying east of Long Road and West of Greenacres Road; and WHEREAS, on June 13, 2024, the Planning Commission held a public hearing; and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met; and WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, pursuant to SVMC 22.140.040(D) and Resolution 22-020, the value of 50% of the alley is estimated to be $17,683.75. The actual cost to be paid to the City for the right-of-way to be vacated will be determined based on the record of survey; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer the vacated property to the owners of the abutting parcels on the alley (55184.1554, 55184.1555, 55184.1521 and 55184.1522); and WHEREAS, the zoning district designation of the properties adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the city, and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the transferred property; and WHEREAS, the City Council desires to vacate the above portion of the alley extending north from Appleway Avenue and lying east of Long Road and west of Greenacres Road pursuant to chapter 22.140 SVMC. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. The alley currently operates as a driveway to the existing Auto Sales business located at18,111 E Appleway Avenue. The portion of alley extending north from Appleway Avenue is paved but not to any street standards. The remaining portion of the alley extending northeast is not paved. The alley is not useable to the public as buildings have been constructed within the right-of-way impeding traffic from traveling from Appleway to connect with Greenacres Road. Vacating the right-of-way would return the property to the adjacent private property owners to be legally used for development. This would return property to the tax rolls and free the city from potential liability from conditions that may arise in the dedicated right-of-way. Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 1 of 5 DRAFT 2. The portion of the alley requested to be vacated is currently used for access to the existing Auto Sales business located on Corson's property that includes all five properties. It does not provide access to other properties or connectivity between Appleway Avenue and Greenacres Road since it is impassable. It is noted that the Auto Sales site is made up of 5 separate parcels. Parcel number 55184.1809 only has access off the alley, and parcel 55184.1511 is land locked. BLA-2024-0026 will consolidate the four parcels west of the alley to two parcels. Parcel A will have direct access from Appleway Avenue and parcel B will have access off the existing alley. If the alley is vacated Parcel B will not have access. Parcel #55184.1521, lying on the east side of the alley, cannot be included in the BLA as lots cannot be bisected by right-of-way. The lot can be consolidated with Parcel B ensuring that all properties have access to Appleway Avenue. As noted on the site plan, Parcel #55184.1521 is intended to provide parking for the Regal Care Center project and functions as a portion of the site. CB Quenchers, located on Mr. Carroll's property, would still have alley access to the rear of the building by entering the alley from Greenacres. CB Quenchers currently has direct access from Appleway Avenue. No other properties would be directly affected by vacating the 185' segment of alley as they would all retain access from Appleway Avenue. The site plan for the Regal Care Project indicates that if the street vacation request is granted that parcel #55184.1521 will be used as a seamless portion of the healthcare complex to provide parking. Vacating the right-of-way eliminates the bisection of the complex by right- of-way and allows Regal Care Center to incorporate the entire area effectively into the design. This would eliminate design constraints such as prohibiting vehicles on commercial property from backing out onto public right-of-way and setback requirements. Water, gas, and electric lines exist throughout the right-of-way. Existing sewer and cable lines are located outside of the right-of-way and not affected by request. Consolidated Irrigation District 919 (water) and Avista (gas and electric) have requested an access and maintenance easement. Their continued service needs are met if an easement is provided 3. There is no substitution being proposed as part of the vacation. The City's review has determined there is no need for a new or different public way. The right-of-way is unusable to the public due to the encroachment of the buildings. It is currently being used by the adjacent property owner to serve the existing business. Vacating the right-of-way would return the property to the tax rolls and remove the maintenance responsibility from the City. So long as access easements are retained for existing utilities, the public interest is served. 4. The property is zoned Corridor Mixed Use which allows for a variety of commercial, service and residential uses. The current property owner owns 5 parcels and is in the process of consolidating the parcels to facilitate on -site development of a residential health services complex. Vacating the right-of-way eliminates the bisection of the site allowing the parcels to be consolidated to eliminate property lines and associated setbacks. If the Regal Care Project is not constructed, then the zoning allows the parcels to develop more intensely. If the street vacation were granted, and the abutting properties were consolidated this may increase potential for larger and more efficient development projects. Parcel 455184.1510 and 55184.1521, both owned by the Corsons, have direct access to Appleway Avenue. As discussed above, parcel #55184.1509 only has access via the alley and parcel #55184.1511 has no access. Both parcels are included in BLA-2024-0026 that would combine parcel's 551984.1552, 55184.1510, and 55184.1511 and 55184.1509 into 2 parcels that take access either from Appleway Avenue or the alley. The consolidation of Parcel B within BLA-2024-0026 and parcel 455184.1521 ensures that all lots have access. Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 2 of 5 DRAFT The adjacent parcels #55184.1505 and 455184.1524) have access via the alley, which will still be available from Greenacres Road. It is worth noting that both parcels are owned by Mr. Carroll, along with parcel # 55184.1523. None of Mr. Carroll's parcels will be landlocked if the street vacation is granted. All other parcels in the immediate area would either have access via Appleway Avenue or Cowley Avenue. Since the alley is not useable, vacating the right-of-way will have no impact on traffic patterns or on persons attempting to access properties on Appleway Avenue, Cowley Avenue or Greenacres Road. The connectivity of the alley was compromised when the buildings were constructed. 5. Notice of the public hearing was made by posting written notice on the City's web page and at City Hall; publishing notice in the Spokane Valley Herald, posting both ends of the right- of-way to be vacated, and a direct mailing to property owners adjacent to the proposed vacation. To date, no objections by the public or governmental agencies were received. Resolution 22-020 was adopted pursuant to RCW 35.79.030 to set the City's policy for imposing vacation charges. Pursuant to Section 1 of Resolution 22-020: a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Spokane County Assessor at the time the matter is considered by the City Council. ii. If the value of adjacent properties differs then the average of the adjacent property values per square foot will be used. Based on the average assessed value of the adjacent properties, $17,683.75 is 50% of the estimated assessed value of the alley. Therefore, $17,683.75 is the estimated amount to be paid by the adjacent property owners. The actual amount will be determined based on the record of survey. Section 2. Property to be Vacated. Based upon the above findings, the City Council does hereby vacate the portion of the Appleway alley which is incorporated herein by reference and legally described in Exhibit A — Right -Of -Way -Vacation Exhibit. Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC 22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one- half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. The alley dedicated by the Corbin Addition to Greenacres Plat will become part of abutting parcels equally and the sliver of land dedicated by deed (AFN#36935B) will go back to the lot it originated from (parcel 955184.1521). The completion of the vacation shall be recorded in the record of survey which shall be created and recorded with Spokane County pursuant to SVMC 22.140.090. Section 4. Zoning. The zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager, or designee, is authorized to make this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. All conditions of the street vacation (STV-2024-0002) shall be completed within 1 year following the effective date of approval by the City Council, unless otherwise approved by the City Manager or designee who may grant a one-time extension of 1 Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 3 of 5 DRAFT additional year if it is determined that good faith efforts have been undertaken. 2. The vacated property shall be transferred '/z width to each of the property owners of the abutting parcels located on the unnamed alley (parcel numbers at the time of application: 55184.1509, 55184.1510, 55184.1521 and 55184.1522; new parcel numbers subsequent to BLA-2024-0026: 55184.1554, 55184.1555, 55184.1521 and 55184.1522) with the exception that the deeded area as described in AFN 369325B shall be transferred entirely to parcel number 55184.1521. The property distribution shall be shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 7. Such property shall become part of each abutting parcel unless the City is provided with a signed and notarized document from an owner forfeiting the right to acquire the right-of-way after its vacated and authorizing it to go to the other property owner. 3. A boundary line elimination shall be included in the record of survey that results in the consolidation of Parcel B of BLA-2024-0026 and parcel 455184.1521, or some other consolidation of the property i.e. consolidation of Parcel A and B, ensuring that the new parcel has access to Appleway Avenue. 4. The adjacent property owner(s) shall purchase from the City the public right of way to be vacated consistent with Resolution 22-020. The exact cost of purchase shall be determined by the final square footage of the area to be vacated according to the record of survey. 5. The applicant shall establish an easement acceptable to Avista for gas and electric services located in the alley. The easement shall be recorded and the recording number referenced on the record of survey. 6. The applicant shall coordinate with Consolidated Irrigation District 919 to establish an easement to preserve access within the alley to the existing 6" watermain located in the Bureau of Reclamation Easement. The easement and recording number shall be shown on the record of survey. 7. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be completed. 8. All direct and indirect costs of the title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees, shall be paid by the proponent. The City shall not, and does not, assume any financial responsibility for any direct or indirect costs for the transfer of title. 9. The Corridor Mixed Use zoning district designation of the properties adjoining the alley to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 10. The record of survey and certified copy of the Ordinance shall be recorded by the City in the office of the Spokane County Auditor. Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 4 of 5 DRAFT 11. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute and finalize all necessary documents to complete the transfer of the property identified herein. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of May, 2025. ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 25-005 — Vacating a portion of an alley extending north of Appleway Page 5 of 5 RIGHT—OF—WAY VACATION EXHIBIT A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 18, TOWNSHIP 25 NORTH, RANGE 45 EAST, W.M., CITY OF SPOKANE VALLEY, WASHINGTON GRAPHIC SCALE 0 50 100 / APN ( IN FEET / 55184.1505 1 inch = 100 ft. / X APN/ 55184.1555 APN POINT OF BEGINNING 55184.1524 SOUTHEAST CORNER I OF LOT 15 APN 55184.1522 )�_20.00' PROPOSED \ APN / \ VACATION 55184.1554 \ AREA / APN PLATTED ROW 55184.1521 \ 3,859 S.F. ROW PER DEED \ 369325B / 183 S.F. SURVEYOR NOTES: �E. P 1. THE BOUNDARY SHOWN IS PER / LEGAL DESCRIPTIONS, SURVEY RECORDS, AND MONUMENTS IN THE AREA. THIS MAP DOES NOT REPRESENT A BOUNDARY LEGEND SURVEY, NO PROPERTY CORNERS WERE SET. VACATION BOUNDARY EXISTING PROPERTY LINE ORIGINAL PLAT LINE .. — RIGHT—OF—WAY CENTER LINE X PLATTED ROW ROW PER DEED 369325B m x w z 0 No srorhau g i N civil engineering I planning N landscape architecture Surveying N 510 east third avenue I Spokane, Washington 99202 p 509.242.1000 f� w n sHAS,( � l� �� 1,o �GISTER�� ALLA�� CALL BEFORE YOU DIG 456-8000 510 East Third Avenue SLV1 haug Spokane, Washington 99202 civil engineering planning andscape architecture I surveying 509-242-1000 lnfo@Storhaug.com THAT PORTION OF ALLEY RIGHT OF WAY WITHIN BLOCK 15, CORBIN ADDITION TO GREENACRES, PER THE PLAT THEREOF RECORDED IN BOOK "S" OF PLATS, PAGE 30, RECORDS OF SPOKANE COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID ALLEY AT THE SOUTHEAST CORNER OF LOT 15, BLOCK 15 OF SAID PLAT OF CORBIN ADDITION; THENCE SOUTHEASTERLY, RADIAL TO SAID ALLEY RIGHT OF WAY, TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID ALLEY AND THE TERMINUS OF SAID DESCRIBED LINE; TOGETHER WITH THAT PORTION OF RIGHT OF WAY CONVEYED TO SPOKANE COUNTY BY THE DEED RECORDED UNDER AUDITOR'S FILE NUMBER 369325B, RECORDS OF SPOKANE COUNTY, WASHINGTON. SITUATE IN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON. SE 10B ##-### Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Resolution Spokane Housing Authority Revenue Bonds GOVERNING LEGISLATION: RCW 35.82; Section 147(f) of the Internal Revenue Code PREVIOUS COUNCIL ACTION TAKEN: September 24, 2024 — Admin Report - CHIP Potential Grant Opportunity October 1, 2024 — Motion Consideration - CHIP Potential Grant Opportunity BACKGROUND: The Spokane Housing Authority ("SHA") is in the process of issuing its Revenue Bonds, Series 2025 (the "Bonds") in an amount not to exceed $35,000,000 to finance acquisition, construction, and equipping of 240 units of multifamily affordable housing to be located at 9910 E. Appleway Boulevard, Spokane Valley. Proiect Details: The 240-unit project will serve workforce/family households that earn 60% of the area median income (AMI), which is $58,740 per year for a family of four. AM varies depending on the size of the household. SHA will be the owner and operator of the property, while the Inland Group with serve as the developer and general contractor. This type of public/private partnership has the benefit of helping to deliver more units at a lower cost per unit than a traditional housing project developed by a nonprofit on its own. As part of the project, SHA will be developing a childcare facility to serve area families. Affordable, quality childcare is needed for working families, which is the target audience for the Appleway project. SHA will own the building and contract with a third -party operator to provide affordable childcare services to low-income families. Pursuant to Section 147(f) of the Internal Revenue Code, the jurisdiction(s) in which the projects are located must provide approval of the issuance of the Bonds. Such approval is solely to meet the requirements of the Internal Revenue Code in order for the Bonds to be issued. City approval does not obligate the City with any financial responsibility for the Bonds, nor does the City incur any financial liability for SHA's repayment of the Bonds. SHA conducted a required public hearing on issuing these revenue bonds on April 28, 2025 at the SHA Board meeting. The SHA did not receive any written or oral public comment regarding this matter. SHA and City staff discussed the proposed resolution with City Council on April 29, 2025. OPTIONS: (1) Motion to approve Resolution #25-010; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 25-010. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Gloria Mantz, City Services Administrator ATTACHMENTS: Resolution No. 25-010 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 25-010 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, APPROVING THE ISSUANCE BY THE SPOKANE HOUSING AUTHORITY OF ITS MULTIFAMILY REVENUE NOTE (ORCHARD VISTA APARTMENTS PROJECT), SERIES 2025; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley, Washington (the "City") is a noncharter code city duly organized and existing under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, the Spokane Housing Authority (the "Authority"), a public body corporate and politic of the State of Washington, intends to issue its Multifamily Revenue Note (Orchard Vista Apartments Project), Series 2025 (the "Note"), in the principal amount of not to exceed $35,000,000 and to loan the proceeds thereof to SHA Appleway LLLP, a Washington limited liability limited partnership (the `Borrower"), of which the Authority is a general partner, in connection with the acquisition, construction and equipping of 240-unit multifamily apartment complex to be located at 9910 E Appleway Boulevard, Spokane Valley, Washington 99206 (the "Project"), and the payment of issuance costs with respect to the Note; and WHEREAS, a public hearing was held by the Authority pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the Project and the plan of finance with respect to the Note on April 28, 2025, in Spokane, Washington, following timely notice being published on the Authority's website; and WHEREAS, the City Council has received a written summary of any public testimony from the hearing with respect to the Project and the plan of finance with respect to the Note; and WHEREAS, the City Council is the elected legislative body of the City with respect to the approval of the Note for purposes of Section 147(f)(2)(A)(ii) of the Code. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1. Pursuant to the request of the Authority, the City Council hereby approves the plan of finance for the issuance by the Authority of the Note, the proceeds of which will be loaned to the Borrower to finance the Project located in the City of Spokane Valley. This approval is intended to comply with the requirements of Section 147(f)(2)(A)(ii) of the Code in order to permit the issuance of the Note. In providing this approval, the City shall take no financial responsibility and incur no financial liability with respect to the Authority's issuance or repayment of the Note. Section 2. This resolution shall take effect immediately upon its passage and approval. ADOPTED by the City Council on May 6, 2025. ATTEST: Marci Patterson, City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF SPOKANE VALLEY, WASHINGTON Pam Haley, Mayor PA CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration — Argonne Road/1-90 Bridge Project - Engineering Design Contract GOVERNING LEGISLATION: SVMC 3.35.10 —Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • Since 2016, the Argonne/1-90 Bridge project has been included in the annual adoption of the 6-Year Transportation Improvement Program. • Since 2016, City Council has authorized staff to apply to multiple funding programs for the Argonne/1-90 Bridge project, including Congressionally Directed Spending (CDS), Freight Mobility Strategic Investment Board (FMSIB), and National Highway Freight Program (NHFP). These grant applications were unsuccessful. • February 22, 2022 — Admin report regarding the SRTC regional call for projects, which included the Argonne/1-90 Bridge project. • March 15, 2022 — Motion consideration authorizing the City Manager to apply to the SRTC regional call for projects, which included the Argonne/1-90 Bridge project. • Since 2023, the Argonne/1-90 Bridge project was included in the annual adoption of the Federal Legislative Agenda. • March 26, 2024, Motion consideration authorizing City Manager to apply to FMSIB's freight call for projects, including design funding for the Argonne/1-90 Bridge project. BACKGROUND: The Argonne Road/1-90 Bridge Project will widen or replace the existing Argonne Rd. bridge over 1-90. The existing bridge is functionally obsolete as it is a two-lane pinch point in the existing three -lane arterial and lacks pedestrian facilities. Washington State Department of Transportation has also implemented load limits on the bridge due to structural concerns. This project will evaluate the options for bridge replacement or widening, enhanced pedestrian facilities, and will coordinate with Spokane Transit Authority on their planned park and ride facility located south of the bridge between Argonne and Mullan, north of Mission and south of 1-90. The city was awarded $1,297,500 in grant funds from SRTC and committed $202,500 of local match for the project to fund a portion of preliminary engineering. In addition, a 2024 FMSIB grant request was recommended to the state legislature as a $2 million award in the state's fiscal years 2025-2027 transportation budget. These funds have not been formally awarded to the City yet. City staff, with City Council approval, will continue to pursue funding opportunities to complete the project. In September 2024, the City advertised a Request for Qualifications (RFQ) to perform preliminary design services of the Argonne Road/1-90 Bridge Project. Statements of Qualifications (SOQs) were received from Horrocks, HDR, and KPFF. City staff conducted interviews with all three consulting firms, and KPFF was selected as the most qualified. The City then moved forward with requesting a scope and fee from KPFF to start negotiations. After many iterations to ensure KPFF would provide the needed initial design services at a cost that the project budget could support, the final version was agreed upon and is now brought forth to City Council for consideration. The negotiated scope of work will take the project from initial design to development of approximately 30% design. KPFF's services include a topographic survey, geotechnical site investigations, public involvement, design, and environmental services. If approved by City Council, staff will move forward with the initial design agreement. Staff will have the option of amending the design contract to include future design work as funding is available. OPTIONS: 1) Authorize the City Manager to execute the agreement with KPFF for design services, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the design services agreement with KPFF in the amount of $1,132,739, in substantially the form of the attached agreement. BUDGET/FINANCIAL IMPACTS: To date, the City has secured $1,297,500 in grant funds and committed $202,500 of city (REET) funds for the project, totaling $1,500,000. There are sufficient funds to cover the KPFF contract with these sources. STAFF CONTACT: Erica Amsden, PE — CIP Engineering Manager ATTACHMENTS: KPFF Consultant Agreement Presentation Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 25-079 Firm/Organization Legal Name (do not use dba's): KPFF, Inc. Address Federal Aid Number 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 CRRSAA-HIPUL-4039(005) UBI Number Federal TIN Execution Date Completion Date 12/31 /2028 1099 Form Required Federal Participation ❑ Yes ❑ No ■❑ Yes ❑ No Project Title Argonne Bridge Replacement Description of Work The work consists of preliminary design, survey, geotechnical, environmental, and traffic analysis, design public outreach services associated with the Argonne Road/1-90 Bridge Project. The project widens or replaces the existing Argonne Rd. bridge over 1-90. The project will identify the necessary steps to finalize project design, purchase right-of-way if required, and accurately scope the project's final design phase. A new bridge is likely to resemble the existing bridge's length of around 225 feet but will be determined during the preliminary design. Work will also include evaluation of the pedestrian facilities on and adjacent to the bridge and coordination with Spokane Transit Authority on their planned park and ride facility located south of the bridge between Argonne and Mullan, north of Mission and south of 1-90. ❑■ Yes No DBE Participation Maximum Amount Payable: 1,132,739.00 El Yes ❑ No MBE Participation ❑ Yes ❑ No WBE Participation ❑ Yes ❑ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Not Used Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page I of 14 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. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 2 of 14 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of thisAGREEMENT. In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Erica Amsden Name: Greg Hess, PE, SE Agency: City of Spokane Valley Agency: KPFF, Inc. Address: 10210 E. Sprague Ave Address:1601 Fifth Avenue, Suite 1600 City: Spokane Valley State: WA Zip: 99206 City: Seattle State: WA Zip:98101 Email: eamsden@SpokaneValleyWA.gov Email: greg.hess@kpf£com Phone: 509-720-5012 Phone: 206-926-0512 Facsimile: N/A Facsimile: N/A IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 3 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 4 of 14 A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (L) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E. inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. 25-079 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 5 of 14 VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 25-079 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 6 of 14 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (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 at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 7 of 14 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. 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 25- Local Agency A&E Professional Services Agreement Number 079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 8 of 14 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 of 14 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: Erica Amsden Agency: City of Spokane Valley Address: 10210 E. Sprague Ave City: Spokane Valley State: WA Zip: 99206 Email: eamsden@SpokaneValleyWA.gov Phone: 509-720-5012 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 or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third parry, 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. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 of 14 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-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 of 14 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub - consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained, and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14 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 ("ESP'), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14 For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14 4/2/2025 Exhibit A-1 Scope of Work Argonne Road/1-90 Bridge Project PROJECT DESCRIPTION The work consists of preliminary design, survey, geotechnical, environmental, and traffic analysis, design public outreach services associated with the Argonne Road/1-90 Bridge Project. The project will widen or replace the existing Argonne Rd. bridge over 1-90. The current design phase will identify the necessary steps to finalize project design, purchase right-of-way if required, and accurately scope the project's final design phase. The project begins approximately at the signalized intersection of Argonne Road and westbound 1-90 and extends south approximately to the signalized intersection of Argonne Road and eastbound 1-90. A new bridge is likely to resemble the existing bridge's length of around 225 feet but will be determined during the preliminary design. Work will also include evaluation of the pedestrian facilities on and adjacent to the bridge and coordination with Spokane Transit Authority on their planned park and ride facility located south of the bridge between Argonne and Mullan, north of Mission and south of 1-90. PROJECT OBJECTIVES 1. Intersection concept development and analysis developing and evaluating concepts for the bridge and surrounding intersections of the 1-90/Argonne interchange. The work is anticipated to include evaluation of the physical condition, geometry, traffic volumes, and suitability of existing roadway infrastructure facilities that are proposed to be incorporated into the identified concepts and an assessment of any needed modifications or improvements. Traffic modeling and/or simulation are expected to be necessary to determine recommended intersection approach configurations. Work also will include the development of high-level comparative cost estimates for concepts. 2. Public outreach includes soliciting comments and input from surrounding property owners, stakeholders, and business owners. Work is also anticipated to include meetings with key stakeholders, hosting public meetings to solicit input and comments, and presenting findings to City Council. 3. Performing topographic survey, including boundaries, 1-90 limited access areas, review and verification of utilities, boundary survey data and preparation of right-of-way plans. 4. Geotechnical site investigation with development of subsurface materials investigation, foundation recommendations, and report of findings 5. Design including preparation of Access Revision Report (ARR), if needed; completion of design report, addressing bridge, street, drainage, lighting standards and all other related items as required by the WSDOT Design Manual and WSDOT Bridge Design Manual; identification of property rights; coordination and communication with property owners and utilities within project area and other agencies; preparation of the Basis of Design (BOD) as outlined in WSDOT Design Manual; preparation of WSDOT approved channelization plans; preparation of WSDOT approved preliminary bridge plans; completion of all necessary traffic modeling; development of the Intersection Control Evaluation (ICE) as outlined in WSDOT Design Manual. kpffPage 1 of 29 6. Development of 30% Plans, Specifications and Estimate (PS&E). Specifications effort will be limited to development of a run -list and identifying list of project specific special provisions. 7. Environment Services and NEPA approval including cultural resource assessment and applicable studies to accompany NEPA. 8. Additional work may be added to this contract including development of 60%, 90%,100% and bid -ready PS&E documents, right-of-way acquisition and relocation services, bidding phase services, and construction phase services. ANTICIPATED SCHEDULE Notice to Proceed (NTP) Kick-off Meting Total Duration (Preliminary Design) PROJECT TEAM The project team includes: Owner Prime Consultant Roadway/Utilities Structural Survey Public Outreach Storm Water Traffic/Signals/I Ilumination Environmental Geotechnical Constructability/Cost Estimating GLOBAL ASSUMPTIONS Estimated Apr/May May 2025 18 Months Spokane Valley (City) KPFF Consulting Engineers (KPFF) KPFF KPFF KPFF KPFF Osborn Consulting (Osborn) Fehr & Peers (FP) Widener & Associates (Widener) Ciani & Hatch Engineering (CHE) Ott -Sakai (OS) Three alignment options for the new bridge (current alignment, west alignment, and east alignment) will be explored. An Access Revision Report is not required. (scope in Section 7.3 is shown just for reference only) All CAD work will be done in OpenRoads Designer and MicroStation. SCOPE OF WORK TASK NO. 1.0— PROJECT MANAGEMENT Task 1.1 — Preparation of Contract Documents, Invoices, and Progress Reports KPFF will submit a monthly invoice and progress report to the City. The progress report will describe the work represented by the invoice being submitted and include percentage completion and billings to date. KPFF will compile the invoices and progress reports for the entire team into a single document to be submitted to the City. All payments made from the City to KPFF and from KPFF to DBE subconsultants will be reported by KPFF in DMCS on a monthly basis. 1TffPage 2 of 29 Task 1.2 — Coordination and Meetings with City and other Agencies KPFF and design team members shall coordinate with the City to discuss project issues, schedule, progress, risks, review comments as well as general coordination of effort. KPFF will also coordinate with other agencies. The following meetings are anticipated: City o KPFF (24), Osborn (2), F&P (24), , Widener (8), CHE (4), OS (3) WSDOT/FHWA o KPFF (4), Osborn (2), F&P (4), Widener (1), CHE (1) STA o KPFF (4), F&P (4) KPFF will provide agendas and meeting minutes for all meetings. Task 1.3 — Internal Design Coordination and Meetings KPFF will provide management, perform general coordination and be the main point of contact for the design team. KPFF and design team members will meet as needed to advance the project. Meetings are assumed to be bi-weekly for the first 6 months and monthly thereafter. Assume 1 hour each meeting. Task 1.4 — Design Schedule KPFF will prepare a design schedule in Microsoft Project identifying submittal dates, City/WSDOT review periods, and critical path items for the design phase of the project. The initial schedule will be prepared and submitted after Notice to Proceed (NTP) and prior to the kick-off meeting. Updates will be submitted as necessary throughout the design phase. Task 1.5 — Project Quality Assurance (QA) KPFF will provide a project -wide multi -disciplinary QA review of the project design deliverables. KPFF will develop a QA/QC. KPFF will perform quality assurance of all subconsultant/City documents. This task also includes the effort to coordinate deliverables that involve input from multiple disciplines. This consists of creating and distributing document templates, coordinating contributions from different disciplines to ensure all scope is covered, facilitating collaboration and information exchange, and compiling the final deliverable. Assumptions • The City will provide a general list of items required for submitted invoices, including a sample invoice • All meetings will be virtual. Deliverables • Monthly progress reports and invoices (assume 12) • Monthly DMCS reporting (12 months) • Project schedule • Meeting agendas and minutes • QA/QC Plan kpffPage 3 of 29 • QA of deliverables TASK NO. 2.0— ROADWAY/UTILITIES (KPFF) KPFF shall develop the initial design documentation for the project in accordance with WSDOT requirements. This documentation includes completing the Context and Modal Accommodation Report (CMAR) and Basis of Design (BOD) form, and Intersection Channelization Plans for Approval. The CMAR and BOD shall form the foundation for the development of project alternatives and the final design of the preferred alternative. Initial drafts of the CMAR and BOD shall be prepared early in the process and circulated to WSDOT and the CITY for review. Comments from the review shall be updated in the document and communicated to the project team. This form shall be finalized and included in the design report. Task 2.1 — CMAR and BOD Discussion KPFF shall conduct a workshop with the CITY and key stakeholders to discuss the CMAR and BOD assumptions with the objective of confirming and prioritizing design goals, objectives, criteria, and assumptions. Task 2.1.1. —Workshop KPFF shall conduct one (1) workshop with the CITY and WSDOT to discuss assumptions for the CMAR and BOD. The workshop shall be included as one of the meetings identified in Section 1.6. Task 2.1.2. — Stakeholder Meetings KPFF shall attend and participate in meetings with key stakeholders, identified through the stakeholder analysis process, to discuss assumptions for the CMAR and BOD. These meetings shall be included in the meetings identified in Section 11.4. Deliverables • Workshop and meeting agendas • Workshop and meeting minutes Task 2.2 — CMAR and BOD Preparation KPFF shall prepare draft and 30% Final CMAR and BOD documentation using the most current version of the forms located on the WSDOT website. It is assumed these will be working documents and finalized during the final phase of design. Deliverables • Draft and 30% Final Basis of Design. • Draft and 30% Final Context and Modal Accommodation Report ITffPage 4 of 29 Task 2.3 — Alternatives Analysis, Evaluation and Report KPFF shall develop alignment, approach, and bridge alternatives supported by the Basis of Design. The alternative analysis and evaluation process shall have the following three development steps: Step I: Screening Parameters Step II: Alignment and Approach Alternatives Step III: Alternatives Analysis Report Task 2.3.1 — Step I: Screening Parameters KPFF shall work with the CITY to establish the screening parameters that shall be used to assess and rank the various alternatives for the project. Screening parameters shall be defined for each of the major components of the project, including the alignment, approaches, and bridge structure. Alternatives shall be evaluated by a two -level screening process. The screening matrix shall be used to narrow the alternatives from a select set of intersection/interchange options to a final preferred alternative selection. The matrix shall remain the same to provide a consistent measurement tool, as the alternatives are refined to meet the goals and objectives defined by the screening process. Deliverables • Draft screening matrix to be used for the evaluation of the alignment, approaches, and bridge alternatives • Final screening matrix Task 2.3.2 — Step II: Alignment and Approach Alternatives For each alternative, horizontal and vertical alignments shall be approximated for comparison. Conceptual channelization plans shall be prepared, and approximate bridge location and orientation shall be established for determining bridge type and size. Constructability and maintenance of traffic challenges shall be identified for each alternative. KPFF shall work with the CITY to develop up to three (3) alignment and approach alternatives. Preliminary concepts for each alignment and approach shall address the following elements: • Horizontal alignments • Curb lines • Channelization • Pedestrian and bicycle facilities • Vertical alignments • Right-of-way needs • Utility impacts • Preliminary stormwater management assessment • Maintenance of traffic strategy o Non -motorized connectivity opportunities o Truck and vehicle access o Environmental impacts 1qJff Page 5 of 29 The alignment and approach alternatives assumed to be studied include: Existing Argonne Road alignment New Argonne Road bridge to the west of the existing alignment New Argonne Road bridge to the east of the existing alignment Initial concepts shall be reviewed with CITY and WSDOT to evaluate feasibility prior to continuing alternatives analysis. Assumptions • Three (3) alignment and approach alternatives shall be developed by KPFF. Deliverables • Schematic -level alternatives alignment and approach plan and profile sketched over basemap aerial Three (3) alignment and approach alternatives shall be prepared on 11 "x17" sheets and submitted to the CITY (PDF). Task 2.3.3 — Step II: Alternatives Estimated Project Costs KPFF shall develop conceptual costs for the components included in the alternatives analysis. This shall include a conceptual level cost estimate for the entire project that would consider items of significance, including constructability issues, traffic control, utility relocation, temporary roadways, etc. Major cost items, such as HMA, concrete, and earthwork, shall be quantified using the CAD layouts and models for each alternative. Unit prices shall be based on the WSDOT Unit Bid Analysis. Some items —such as drainage, signing and pavement marking, mobilization, etc. — shall be estimated as a percentage of the construction cost. Cost estimates shall be developed with present worth prices. The estimates shall also include a reasonable contingency, since the project at this point shall only be at the conceptual stage. Assumptions • Alternative costs for bridges shall be based on structure costs per square foot from WSDOT's Bridge Design Manual and recent WSDOT bid tabs, with necessary engineering judgment documented. • Roadway costs shall be based on the WSDOT Unit Bid Analysis for key quantifiable items and shall use a percentage -based approach for unknown items. Deliverables • Conceptual construction cost estimates for Level 2 Screening in MS Excel Task 2.3.4 — Step III: Alternatives Analysis and Evaluation Report KPFF will work with the City to evaluate the alternatives based on the screening matrix and shall prepare a report summarizing the alternatives analysis and evaluation. The report may include the following components: kpffPage 6 of 29 • Cover, Title Sheet, and Index • Executive Summary, including Preferred Alternative • Introduction • Project Description • Basis of Design • Inclusive Outreach and Public Engagement • Conceptual Studies • Environmental Permitting • Bicycle/Pedestrian Compatibility • Alignment • Right -of -Way • Utilities • Structure Types • Illumination and Signage • Cost Estimates (PE, Right -of -Way, Inspection, Construction) • Appendices • Photographs • Workshop Meeting Minutes • Technical Memorandums Deliverables • Draft Alternative Analysis and Evaluation Report • Final Alternative Analysis and Evaluation Report with responses to CITY review comments to draft report. Task 2.4 — Intersection Channelization Plans for Approval KPFF shall prepare Intersection Channelization Plans for Approval for the two ramp terminal intersections on Argonne Road for the preferred alternative identified by task 2.3. Prior to the first submittal and review, KPFF will attend one 2-hour meeting with WSDOT to discuss the channelization plans. KPFF will provide a PDF copy of the Draft Channelization Plans for review and comment by WSDOT. For budgeting purposes, it is assumed WSDOT will review the Channelization Plans up to two times and WSDOT will provide one consolidated set of comments for each review into a comment resolution matrix. Upon receipt of each written set of review comments for WSDOT, KPFF will finalize the previous draft Channelization Plans, incorporating the review comments where appropriate. KPFF will prepare a list of required design variances needed on the project. Preparation of the design variance documentation is not included in this scope. Assumptions • Plans will be prepared for the preferred alternative layout. • Plan sheets will be at 1" = 40" scale. kpffPage 7 of 29 • WSDOT will compile review comments into one comment resolution matrix document. • Up to two (2) submittals will be reviewed by WSDOT. • Design Variance documentation is not included in this scope of work. • Additional submittals and compiling review comments from multiple reviewers is not included in this scope of work. • All coordination meetings with the City and WSDOT are assumed to be virtual (not in person). Deliverables • 1st submittal of Draft Intersection Channelization Approval — PDF • 2nd submittal of Draft Intersection Channelization Plans Approval — PDF • Final submittal of Draft Intersection Channelization Plans for Approval — PDF Task 2.5 — 30% Plans and Cost Estimate KPFF shall prepare 30% drawings of the selected alternative for the PROJECT in accordance with City and WSDOT standards. In general, these plans shall convey the proposed horizontal locations of improvements and basic construction notes but shall not include specific construction details. It is anticipated that the 30% Plans shall include the following: • Cover and Vicinity Map • Summary of Quantities • Roadway Typical Sections • Alignment Plans • Site Preparation and TESC Sheets • Paving Plans • Channelization and Signing Plans KPFF shall develop a construction cost estimate based on the WSDOT format. The unit costs shall be based on KPFF's past project experience, WSDOT's historical bid analysis, and input from the City, and WSDOT. Assumptions • All work shall be completed in Bentley OpenRoads Designer and MicroStation. • Haul Route Figures/Diagrams shall not be required. Deliverables • 30% Plans (11x17 PDF) • 30% Cost Estimate (PDF and Excel format) TASK NO. 3.0 — STRUCTURAL ENGINEERING (KPFF) Task 3.1 — Alternatives Analysis Report and Bridge Type, Size, and Location (TS&L) Report The KPFF Structural team will gather the applicable design criteria for the project. For the structural scope of work, this is expected to include: • Design standards (WSDOT Design Manual, AASHTO, etc) 1TffPage 8 of 29 • Minimum bridge width based on roadway and pedestrian facility widths. • Interstate-90 Vertical and Horizontal (incl future compatibility) Clearance Requirements. • Bridge railing and barrier requirements. • ADA requirements. KPFF will also support the development and screening of alternatives by providing insight into how different interchange alternatives would impact the number, type, and size of bridge and wall structures the project requires. The Bridge Type, Size, and Location (TS&L) report will follow the Alternative Analysis Report and will consider the following structure alternatives: Widening of the existing bridge. Replacement of the existing bridge with a two -span bridge and replacement of the existing bridge with a four -span bridge. This includes bridge superstructure and substructure types. Provision of a shared use path (10ft minimum width, not including shoulders) on the vehicular bridge or on its own structure. For the Bridge Type, Size, and Location (TS&L) Report, plan sheets will be provided to depict the structure alternatives. The KPFF Structures team will provide concept level quantities and cost estimates to facilitate selection of a preferred alternative. In general, the structure alternatives, listed above, will be independent from the roadway alignment alternatives. The preferred structure alternative will be identified and paired with the preferred roadway alignment alternative. Assumptions • Up to four plan sheets will be provided for the Bridge Type, Size, and Location (TS&L). Deliverables • Contributions to project Draft Alternative Analysis Report, response to comments on Draft Alternative Analysis Report, and contributions to project Final Alternative Analysis Report. • Draft Bridge Type, Size, and Location (TS&L) Report, response to comments on Draft, and final Bridge Type, Size, and Location Report. o Plan Sheets o Concept level quantities and costs for structures Task 3.2 — 30% PSE The KPFF Structural team shall perform structural engineering work to develop the 30% design submittal. Assumptions • 30% design concept is consistent with an alternative from the Alternative Analysis phase of the project. • Design shall be consistent with WSDOT standards. 30% plan sheets shall meet the requirements of WSDOT Preliminary Bridge Plans. • Structural calculations will not be a deliverable for the 30% PSE phase. kpffPage 9 of 29 Specifications shall utilize the WSDOT Standard Specifications. The KPFF structural team is providing quantities. Ott -Sakai is providing the unit costs and overall cost estimate. ICPff Page 10 of 29 Deliverables 30% Draft Plans, Specifications, Estimate (PSE) o Expected 30% Structural Plan Sheets: Structural General Notes, Bridge Layout, Typical Section, and Construction Staging (bridge section, as applicable) o Runlist/ Outline of expected project special provisions o Quantities for structural scope utilizing WSDOT standard bid items Response to comments on 30% Draft PSE 30% Final PSE (as outlined above) TASK NO. 4.0 — SURVEY (KPFF) The Consultant will conduct land surveying services and provide topographic and boundary base mapping for the Argonne Station project area, as defined in Attachment B. Aerial LiDAR will be used to map highway areas along 1-90 corridor. All other areas of scope will be mapped conventionally with total station. Land surveying and topographic and boundary base mapping services include preparing a topographic, right-of-way and property line survey map and digital terrain model to be used for design and engineered construction plans. The base mapping will include the following items: • One -foot contour intervals of the subject area • Existing utilities within the project area, tied through field surveys, private utility locate markings and utility research with respective purveyors. If any utilities are required to be located outside the determined project areas, additional research, markings and surveying will be required. This additional work fee will be negotiated prior to any work outside the determined project areas. • Existing site features such as trees (6" caliper or larger), building, drainage and utility structures, walkways, roadways, and other man-made structures within the project areas. • Mapping will be prepared using Washington State Plane Coordinate System, along with NAVD 88 elevations, as basis. (Ground Coordinates) Assumptions • No Record of Survey or Boundary Adjustments are included in this scope of work. • No right of way or easement acquisition will be part of this phase of work. • Preparation of right of way plans are not part of this scope of work. • Title reports will not be required during this phase it is assumed that no right of way takes will be necessary for the project at this point, all parcel lines will be shown based on GIS data, should parcel survey become necessary KPFF can provide a fee for that work. • Survey limits to be limited to those limits shown on attached survey limits map. • Potholing utilities and/or GPR locating is not included in this scope of work, utility locates will be limited to conductible utilities only. kpffPage 11 of 29 Deliverables • Electronic AutoCAD Civil3D (2020) drawing along with an .XML file of the merged existing ground terrain model. A Washington State licensed Professional Land Surveyor -stamped and signed hard copy drawing will also be submitted. • Draft of Right of Way basemap TASK NO. 5.0— PUBLIC OUTREACH (KPFF) Task 5.1 — Community and Stakeholder Database KPFF shall create a database of businesses, community organizations, and interest groups that have an interest in the project. New contacts shall be forwarded to KPFF, which shall then be responsible for updating the database to include new contacts and project interaction. This list will guide the assembly of a communications plan as we consider the parties that will need updates and/or input opportunities to the design effort Task 5.2 — Communications Plan KPFF shall support CITY efforts to prepare a communications and outreach plan that outlines all communications tasks, roles, and responsibilities; external and internal stakeholders; target audiences; coordination with major institutions; and media relations for the outreach effort during alternative analysis and design. Task 5.3 —Stakeholder Briefings and Presentations on Argonne Corridor Impacts In coordination with the CITY, KPFF shall ensure the area's community and neighborhood groups, businesses, nearby neighbors, and other stakeholders —identified in the CITY communication plan —are informed about the scope of the project, schedule, and corridor impacts of the project. KPFF shall schedule up to eight (8) stakeholder briefings. KPFF shall support CITY efforts to ensure that specific needs and concerns of stakeholders are documented and well understood. Attendance of the stakeholder and presentations briefings shall be limited to up to three (3) members of the KPFF team. Generally, it is assumed that these stakeholder meetings will be held virtually, to allow for flexibility in scheduling meetings, as well as facilitating display of materials to meeting participants in electronic format and recording of the meeting. However, we will assume that one (1) of the eight (8) stakeholder meetings will be held in -person as an Open House. Task 5.4 — DELETED Task 5.5 — Open House Meetings KPFF shall coordinate two (2) public open house meetings as described above to represent the topics of 1. Argonne Corridor Impacts, and 2. Argonne Bridge Design. These meetings are intended to allow the public to meet the project team, learn about the project, raise issues to be addressed, and provide feedback. Tasks include: • Development of a formal invites • Development of up to 10 display boards or roll plots • Arranging the venue and staffing the event 1qJff Page 12 of 29 • Preparing a report summarizing the open house CITY Responsibilities • Prepare, print, and mail postcards to the public and identified stakeholders • Provide a facility for the public open house • Advertise the public open house in the newspaper • Send open house notifications to local civic organizations • Provide refreshments, if desired • Attend public open house • Include public open house dates in the CITY newsletter and on the CITY website (if one is developed for the project) Assumptions • Public open houses shall last for five (5) hours, including setup and takedown. • Up to five (5) KPFF team members shall attend the open house. • Public meeting displays shall be printed and mounted by the CITY. Task 5.6 — Project Communications Materials KPFF shall assist the City in the design and draft of content, and shall coordinate review for the following external materials (including updates): • Project fact sheet • Frequently Asked Questions (FAQ) document • Project folio/brochure for mailer to the public/stakeholders • Content and graphics for the project website Assumptions • CITY shall conduct meetings with stakeholders and citizen action committees, such as the Chamber of Commerce, bicycle and pedestrian groups, and other applicable stakeholders. • The CITY shall send invitations to public meetings and project -related events. • The CITY shall be responsible for any press releases that are issued related to the project. • The CITY shall be responsible for developing and updating a project website if one is created for the project. KPFF shall provide necessary information to the CITY, and the CITY shall maintain the website. The CITY shall provide KPFF with any feedback from stakeholders' and community members' use of the website. • The CITY shall be responsible for developing and distributing Fact and Frequently Asked Questions sheets, if they shall be prepared for the project. KPFF shall provide necessary information to the CITY so that the CITY can publish and distribute this information. kpffPage 13 of 29 TASK NO. 6.0— STORM WATER (OSBORN) Task 6.1 — Conceptual Stormwater Analysis Osborn will complete the following tasks: • Prepare a WSDOT data request and review existing conditions data. • Conduct site reconnaissance to confirm Threshold Discharge Area (TDA) limits and discharge locations • Attend one (1) meeting with WSDOT Hydraulics • Calculate the total change in impervious area between the existing bridge and preferred bridge alternative, and any proposed roadway changes. Comment on likelihood that the existing stormwater swales will need to be moved or expanded based on this change in impervious area. Assumptions • The stormwater conceptual analysis will be limited to the preferred bridge alternative only. • The BMP type is assumed to be a bioinfiltration swale for stormwater treatment and drywells for flow control/infiltration. Other BMPs will not be analyzed. • The City and WSDOT will provide existing as -built plans and hydraulic reports, maintenance issue logs, and previous studies within the project limits. • No plan or detail sheets will be provided at this design level. BMP modeling will not be provided at this stage. • No Stormwater Technical Memorandum will be prepared. Information from the conceptual stormwater analysis will be incorporated into a Type A Hydraulic Report draft at the 30% submittal. • Assume one (1) 1-hour virtual meeting with the WSDOT Hydraulic reviewer and one site visit. Deliverables • One -page memorandum with bullet points documenting key existing conditions information and likelihood that existing stormwater swales will need to be moved or expanded. Task 6.2 — 30% Stormwater Design Osborn will prepare a 30% Type A Hydraulic Report of the preferred alternative as outlined in the 2024 WSDOT Hydraulics Manual. This will include the following tasks: • Complete an area tally of existing and proposed pervious and impervious areas within each drainage basin in the TDA. • Develop TDA map and figures. • Complete Stormwater Design Documentation Sheet (SDDS) to establish the required minimum requirements. • Develop 30% Hydraulic Report text and relevant sections. • Coordinate the BMP location and design with road design team. • Complete runoff treatment sizing calculations, infiltration sizing in coordination with the geotechnical engineer, and conveyance sizing. kpffPage 14 of 29 Osborn will prepare drainage design for the 30% drainage rollplot (prepared by others), and stormwater quantities to establish the 30% cost estimate (prepared by others under Task 11). Osborn will prepare a runlist of applicable General Special Provisions and identify any special provisions. In this task, the stormwater BMPs identified in the conceptual stormwater analysis will be advanced to establish the facility footprint to a 30% design level to support right-of-way need and environmental impact evaluation and support the NEPA permitting process. Assumptions • 2024 WSDOT Hydraulic Manual will provide policy for design of hydraulic features. • 2024 WSDOT Bridge Design Manual will provide policy for design of hydraulic features within the structure section. • 2019 WSDOT Highway Runoff Manual (HRM) will direct stormwater management guidelines and establish minimum requirements. • Infiltration BMP design will be based on groundwater information and the design infiltration rate recommended by the geotechnical engineer. • Drainage plans, details, profile sheets or Drainage Structure Note (DSN) sheets for drainage quantities will not be prepared at 30%. • No deviations to the Highway Runoff Manual or Hydraulics Manual are anticipated or prepared at 30%. • Grading of BMPs shall establish a high-level footprint to help evaluate right-of- way and coordinate impacts with other design disciplines. InRoads dtms will be prepared in the next design submittal (60% or later). • Stormwater conveyance design will note conveyance routing feasibility and tie- ins, and evaluation of flow spread on the proposed bridge to establish the need for bridge inlets. • Detailed special provision text for stormwater or drainage items, if necessary, will be prepared at 60% or later submittal. • Quantities will follow WSDOT Standard bid items unless otherwise noted. Deliverables • 30% Type A Hydraulic Report • 30% Drainage Roll Plot Basefile (Microstation) • 30% Drainage Quantities (in excel) • Specification Runlist and special provision title TASK NO. 7.0— TRAFFIC IMPACT REPORT (FP) The Consultant will analyze traffic operations and conduct a safety analysis for the project in accordance with Chapter 550 of the WSDOT Design Manual to prepare a Non - Access Feasibility Study (NAFS), including an Intersection Control Evaluation (ICE), and an Access Revision Report (ARR), if applicable. Through this process, a list of alternatives will be developed and scored based on operational analysis, safety review, and other factors for construction feasibility, with one alternative recommended for the preferred alternative to be designed. Recommendations on how to maintain traffic during construction of the preferred alternative will also be provided by the Consultant. Task 7.1 — Existing Conditions ITffPage 15 of 29 The Consultant will document the existing traffic conditions, including the roadway network, existing transit service, and non -motorized facilities. The study intersections and interstate segments listed in this task are adjacent or in close proximity to the project to experience a potential change in traffic patterns during construction. The Consultant will provide an analysis of five years of collision data in the study area to document areas with higher rates of collisions. The gathered data from this task will provide a baseline against which the project team will measure the potential future impacts and selection of the identified project alternatives. Task 7.1.1 — Data Collection The Consultant will utilize traffic counts collected on September 18, 2024, as part of another project, for the AM and PM peak hour turning movements. The counts will be used to establish existing traffic conditions at the following intersections: N Argonne Road / E Montgomery Road N Argonne Road / E Knox Avenue N Argonne Road / 1-90 WB on -ramp N Mullan Road / 1-90 WB off -ramp N Argonne Road / 1-90 EB off -ramp N Mullan Road / 1-90 EB on -ramp N Argonne Road / E Mission Avenue N Mullan Road / E Mission Avenue Interstate 90 segments and cross -street volumes will be provided by the City and/or WSDOT for both westbound and eastbound directions between Exit 286 ( E Broadway Avenue) and Exit 289 (N Pines Road) to be utilized for traffic impact analysis in later tasks if required. This includes all on/off-ramps not listed above for all interstate exits. A final list of intersections and interstate segments for traffic counts to be collected will be finalized by the City and WSDOT at the kickoff meeting. Assumptions • Final set of study intersections will be confirmed in coordination with local and regional agencies. • Traffic operations analysis results from intersections with traffic counts collected in September 2024 will be provided. • Crash data analysis will be included in the deliverable. • Additional traffic counts may be required if intersections not listed above are requested as part of the analysis. Deliverables • Draft and final technical memorandum summarizing background and existing conditions. Task 7.2 — Non -Access Feasibility Study Task 7.2.1 — Methods and Assumptions Document The Consultant will develop a NAFS Methods and Assumptions (M&A) document in accordance with Chapter 550 of the WSDOT Design Manual that establishes the methods and processed followed for the analysis. Key elements that will be included are as follows: kpffPage 16 of 29 • Study area, intersection locations, time horizons, study time periods, traffic operations methodology and software, measures of effectiveness, and traffic forecasting methodology • Alternatives development and selection process — methods and factors utilized to determine a list of feasible alternatives for consideration • Additional assumptions such as transportation projects already planned and/or proposed in the area and elements with more uncertainty such as mode shifts, tolling, and/or travel demand management strategies Assumptions • Up to two (2) coordination meetings and two rounds of consolidated review/comments with associated agencies (FHWA, WSDOT, City of Spokane Valley, and others as needed) will be provided. • Agencies will provide Consultant with relevant planning documents to be utilized as part of the M&A process. • Final M&A document will be approved by agencies prior to commencement of future tasks. Deliverables • Draft and final technical memorandum documenting the methods and assumptions for the study Task 7.2.2 — Travel Demand Forecasting The Consultant will update the currently adopted Spokane Regional Transportation Council (SRTC) travel demand model to provide growth rate factors to adjust background traffic volumes in the project area for both AM and PM peak hours. The growth rate factors will provide future traffic forecast conditions for operations analysis for the study intersections and interstate segments. Land use from the SRTC Horizon 2050 Plan will be incorporated into the future model scenarios. Model scenarios include the following: Existing Year (2024): The currently adopted SRTC model will be calibrated and validated using counts collected in 2024 to set up a baseline, or existing conditions, model for all future model uses. No planned capital improvement projects will be placed into the model for this scenario. Opening Year (TBD) No Build: The growth rates established will be applied to the existing year model to determine opening year No Build traffic forecasts. The Argonne/Mullan bridge will remain in its current lane configuration. Planned capital improvement projects projected to be funded and/or constructed by the opening year will be coded into this scenario. Opening Year (TBD) Build: The growth rates established will be applied to the existing year model to determine opening year Build traffic forecasts. The Argonne Bridge replacement will be coded into the model. Planned capital improvement projects projected to be funded and/or constructed by the opening year will be coded into this scenario. Design Year (2050) No Build: The growth rates established will be applied to the existing year model to determine Design Year No Build traffic forecasts. The Argonne/Mullan bridge will remain in its current lane configuration. Planned IqJff Page 17 of 29 capital improvement projects projected to be funded and/or constructed by the design year will be coded into this scenario. Design Year (2050) Build: The growth rates established will be applied to the existing year model to determine Design Year Build traffic forecasts. The Argonne Bridge replacement will be coded into the model. Planned capital improvement projects projected to be funded and/or constructed by the design year will be coded into this scenario. Assumptions • Up to two (2) coordination meetings may be required to receive agency approval. • FHWA, WSDOT, City of Spokane Valley, and other agencies, will provide a detailed list of planned/funded capital transportation projects to use for both opening and design year model scenarios. • The modeling approach and future year scenarios will be coordinated and approved by all involved agencies as part of the M&A approval process prior to modeling efforts by Consultant. Deliverables • Draft and final traffic volume forecasts for opening and design year future scenarios • Other model information and data as requested Task 7.2.3 — Traffic Operations Analysis Traffic operations analysis will be performed for the study intersections and interstate segments using the methodology provided in the Highway Capacity Manual (HCM), 7t" Edition using Synchro software. The use of other traffic simulation software, such as Sidra for roundabout alternatives and SimTraffic and/or Vissim for queuing analysis, may be required to fully understand the impacts of each future model scenario and alternatives. All model scenarios listed in this task will be evaluated for AM and PM peak hours. Assumptions • Up to six (6) coordination meetings with FHWA, WSDOT, City of Spokane Valley, and other agencies may be required to discuss analysis, results, and other considerations during this task. • All study intersections will be evaluated using the latest version of Synchro. • Up to three (3) design alternatives will be evaluated for AM and PM peak hours for existing, opening and design year model scenarios. Analysis results will be used in subtask 7.2.4 for alternative development and selection. • SimTraffic and/or Vissim will be used for all study intersections and alternatives for queuing analysis. This includes 1-90 segments and the on/off-ramps at the Argonne/Mullan interchange. No changes and/or additions to planned capital projects, modeling efforts, and methods approved in the M&A is assumed during this task. kpffPage 18 of 29 Deliverables Traffic operations analysis results including level of service, volume to capacity ratio, delay, and queuing, and other results as required to compare against agency performance metrics. Task 7.2.4 — Non -Access Feasibility Report As part of the NAFS Report, the Consultant will conduct an Intersection Control Evaluation (ICE) for the Argonne/Mullan & 1-90 Interchange, including the on/off- ramps in accordance with Chapter 550 of the WSDOT Design Manual. Using the operations analysis results and safety analysis from prior tasks, the Consultant will develop and evaluate a list of design alternatives with focus on non -access impacts. Analysis will determine if any of the alternatives developed can provide the necessary project improvements without impacting freeway access. If possible, a preferred alternative will be recommended by the Consultant and the NAFS study will conclude. Assumptions • Up to six (6) coordination meetings with FHWA, WSDOT, City of Spokane Valley, and other agencies may be required to discuss analysis, results, and other considerations during this task. • No changes and/or additions to planned projects or methods approved in the M&A will be assumed during this task. • If all alternatives evaluated during this task cause impacts to freeway access, an Access Revision Report will be required. • Up to three (3) alternatives will be developed for the NAFS. Deliverables Draft and final technical Non -Access Feasibility Report providing evaluation and selection, if applicable, of a preferred alternative. Task 7.3 — Access Revision Report (Scope shown for reference only. Not included) If the Non -Access Feasibility Study concludes that a performance gap isn't satisfied, and impacts to freeway access are present, the Consultant will prepare an Access Revision Report (ARR). The ARR will evaluate a new set of alternatives, including ones proposed in the NAFS, to determine the preferred alternative for selection. Prior authorization by the City will be required to conduct work identified in this task. Task 7.3.1 — ARR Methods & Assumptions Document The Consultant will revise the M&A document approved during the NAFS task. Focus will be given to standards to utilize, methods for analysis, and alternatives analysis. Assumptions • Up to two (2) coordination meetings and two rounds of consolidated review/comments with associated agencies (FHWA, WSDOT, City of Spokane Valley, and others as needed) will be provided. • Agencies will provide Consultant with updated or additional planning documents to be utilized as part of the ARR M&A process. kpffPage 19 of 29 Final ARR M&A document will be approved by agencies prior to commencement of future tasks. DP1iverah1es • Draft and final technical memorandum documenting the methods and assumptions for the study Task 7.3.2 — ARR Alternatives Development & Selection The Consultant will develop new alternatives for evaluation that provide minimal freeway access impacts, if possible, and consider alternatives developed in the NAFS to be included in the evaluation. The Consultant will coordinate with all involved agencies to draft a list of alternatives. Traffic operations will be conducted for all future scenarios outlined in task 7.2.3 for AM and PM peak hours. A new safety performance analysis will be conducted as outlined in 550.06(2)(c) of WSDOT's Design Manual. Upon completion of the above tasks, a new Intersection Control Evaluation will be prepared for approved alternatives for analysis. Assumptions • Up to twelve (12) coordination meetings and two rounds of consolidated review/comments with associated agencies (FHWA, WSDOT, City of Spokane Valley, and others as needed) will be provided. • Alternatives recommended for evaluation will be approved by agencies prior to traffic operations, safety, and ICE analysis. • Up to two (2) NAFS alternatives and two (2) new design alternatives will be evaluated for AM and PM peak hours for opening and design year model scenarios as part of the ARR. • SimTraffic/Vissim will be used for all study intersections and alternatives for queuing analysis. This includes 1-90 segments and the on/off-ramps at the Argonne/Mullan interchange. • No additional travel demand modeling is assumed as part of this task. Deliverables • Draft and final Access Revision Report for agency review and comment that includes traffic operations, safety, and alternatives analysis. Task 7.3.3 — ARR Signing Concept Plan The Consultant will prepare a conceptual plan for the type and location of signs required for the preferred alternative selected in task 7.3.2. The concept plan will be limited to new signs required to meet MUTCD, WSDOT, and local standards for impacted roadways and intersections of the preferred alternative. Assumptions • Up to two (2) coordination meetings and two rounds of consolidated review/comments with associated agencies (FHWA, WSDOT, City of Spokane Valley, and others as needed) will be provided. • Use of Microstation to develop concept plan sheets (up to six sheets total) showing basic elements of the preferred alternative. Proposed signs will be placed on aerial imagery with fundamental geometry elements of preferred alternative shown. kpffPage 20 of 29 • Signs placed will follow applicable engineering standards, as required, based on roadway(s) on which they are placed. • No specifications or special details will be developed as part of this task. Deliverables • Draft and final ARR Signing Concept Plan for agency review and approval Task 7.4 Intersection Traffic Signal & Illumination 30% Preliminary Design Task 7.4.1 — Traffic Signal Preliminary Design Plan The Consultant will develop a preliminary design plan set for up to four (4) traffic signals, if required, as part of the Project. Consultant will prepare a proposed layout of the traffic signal improvements, including signal pole locations and mast arm lengths, proposed foundation sizes, vehicle and pedestrian signal head placement, pedestrian push button locations, signal controller and service cabinet placement. Signal wiring, conduit fill calculations, and junction box sizing are not included in the preliminary design and will be completed as part of future tasks. The Consultant will prepare construction cost estimates for the preliminary design submittal. The cost estimate will break out costs related to expected construction pay items to be included in the final design, with a 30% contingency. Assumptions • It is assumed that the ramp terminal intersections will remain signalized. If the ICE prepared in the Non -Access Feasibility Study results in a requirement to replace the signals with roundabouts, this task will be used to prepare preliminary roundabout plans. • The full extent of design required for traffic signals will be based on the preferred alternative approved by WSDOT and the City of Spokane Valley • Traffic signal design shall be based on the applicable WSDOT Design Manual and City of Spokane Valley Engineering Standards • Up to two (2) sheets per traffic signal/intersection is assumed for preliminary design • Coordination for traffic signal design will be included as part of the planned meetings with WSDOT and the City of Spokane Valley in Task 1.2 • City comments post submittal will be addressed in future tasks Deliverables • Draft Preliminary Design Plan Sheets for agency review and approval • Draft Engineering Cost Estimate for Construction 7.4.2 — Illumination Preliminary Design Plan The Consultant will develop a preliminary design plan set for roadway illumination, if required, as part of the Project. Consultant will prepare a proposed layout of the illumination improvements, including new pole locations and foundations, in the project area, in locations on the new bridge structure, up to four (4) signalized intersections, and freeway on/off-ramps. kpffPage 21 of 29 Assumptions • The full extent of design required for roadway illumination will be based on the preferred alternative approved by WSDOT and the City of Spokane Valley • Up to ten (10) plan sheets shall be prepared to show the proposed layouts and details Illumination design shall be based on the applicable WSDOT Design Manual and City of Spokane Valley Engineering Standards The use of AGi software is not included as part of this task and will be conducted in future tasks. Coordination for illumination design will be included as part of the planned meetings with WSDOT and the City of Spokane Valley in Task 1.2 Deliverables • Draft Preliminary Design Plan Sheets for agency review and approval • Draft Engineering Cost Estimate for Construction Task 7.5 Maintenance of Traffic The Consultant will use Synchro models developed for the WSDOT Intersection Control Evaluation to evaluate traffic operations of the preferred alternative during construction. The purpose of this analysis is to inform the City and WSDOT staff about the magnitude of potential delays during construction of the preferred alternative selected to move forward in design. The Consultant shall revise the existing condition Synchro model to reflect up to six construction phase layouts. The Consultant will manually reroute volumes depending on the construction phase. This scope does not include forecasting of diversion, traffic operations analysis outside the immediate construction area, or traffic control plans. Findings and recommendations to optimize signal timing during construction shall be summarized in a technical memorandum. Assumptions • Up to six (6) coordination meetings FHWA, WSDOT, City of Spokane Valley, and/or others as needed) will be provided. • Up to six (6) scenarios will be evaluated for traffic impacts and recommendations. nP1ivP.rah1P.s • Draft and final preferred configuration simulation technical memorandum, including recommendations for maintenance of traffic during construction. Graphics will be provided to be used for community outreach to describe impacts during construction. lqjff Page 22 of 29 TASK NO. 9.0— ENVIRONMENTAL (WIDENER) Task 9.1 — Section 106 Report (Cultural and Historic Resources) This work would include the preparation of the Section 106 report in accordance with the State Historic Preservation Office standards and guidelines. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. The Consultant will maintain contact with the local tribes for any information on historic Indian use of the project area. 3. A systematic field reconnaissance will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground -disturbing activities are expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area. Shovel probes (digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to have a high probability for cultural resources. Shovel probes will be augmented through auger probes to explore the deepest possible deposits. Shovel probes will be screened in highly probable areas and in soil matrixes too dense to identify small chipping debris. 4. All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted to the state Office of Archeological and Historic Preservation (OAHP) for Smithsonian numbers. Every effort will be made to include Tribal cultural resources personnel in assisting the field effort. Rights -of -entry will be provided by the City. Deliverables The draft Section 106 Report will be prepared to describe cultural resources identified in the project area to meet state and federal standards for reporting as outlined in the guidelines provided by the OAHR The report will include summary background information appropriate to a cultural resources assessment of the project area, including environment, previous cultural resources studies, ethnography/ethno history, and history. A discussion of agency and Tribal consultation, methodology, the results of the investigation, and a map of located archaeological sites will be provided. Recommendations will also be extended to any cultural resources that may be significant. Monitoring of construction excavation recommendations may also be included. The historic structures inventory form and/or archaeological site inventory form will be attached to the report as an appendix, One (1) electronic PDF copy of the form and required attachments. One electronic copy of a revised draft Section 106 report incorporating the City's comments. Three copies of a final Section 106 report incorporating WSDOT comments. kpffPage 23 of 29 Task 9.2 — Noise Study (Widener & Assoc) The purpose of the Traffic Noise Report is to evaluate traffic noise levels at sensitive receptors near the project that would be potentially affected by traffic noise and to identify potential mitigation measures. The Traffic Noise Report will be developed in accordance with the Washington State Department of Transportation's Environmental Procedures Manual. Sound Level Measurements: After review of the proposed project alternatives the Consultant shall visit the project area to identify potentially sensitive noise receivers and to take measurements of existing sound levels. The Consultant will measure existing noise levels during the peak hours to be used in calibrating the noise model. Measurements will be undertaken in accordance with WSDOT and FHWA guidelines and will be made with a Type 1 sound level meter. During these measurements, sources of existing noise and topographical features will be noted and traffic speeds and vehicle numbers and mix will be noted. 2. Construction Noise Impact Evaluation: The noise analysis will evaluate potential short-term impacts of noise from construction activities. Construction noise on nearby sensitive receptors will be evaluated based on estimates published by the U.S. Environmental Protection Agency (EPA) of maximum noise levels of typical construction equipment in conjunction with simple distance attenuation. Computer modeling of construction noise levels will not be performed. 3. Traffic Noise Impact Evaluation: The Consultant will evaluate traffic noise impacts using the FHWA Traffic Noise Model (TNM) to estimate future traffic noise levels for the worst -case build alternative. The worst -case scenario will be selected from among the build alternatives and will be chosen based on expected future traffic volumes and the location of the alignment relative to sensitive receivers. The noise modeling will predict PM peak -hour Leq noise levels from traffic at a maximum of fifteen (5) receptor locations that could be affected by the proposed project and will consider existing conditions and design year conditions. Modeling to calculate noise contour lines is not included. 4. Mitigation Analysis: The Consultant will identify mitigation measures to reduce noise levels during construction. If predicted long-term traffic noise levels from operation of the project would cause noise impacts, mitigation measures will be developed in cooperation with the lead agency and design engineers. Mitigation analysis, if required, will include evaluation of the effectiveness and general size and location of natural and man-made noise barriers using the TNM model. Deliverables • Electronic copy of a draft Traffic Noise Analysis Report for review by City with accompanying draft special provisions if required. • Electronic copy of a draft Traffic Noise Analysis Report, incorporating the City's comments, for submittal to FHWA/WSDOT. kpffPage 24 of 29 • Electronic copy of a revised draft Traffic Noise Analysis Report, incorporating comments by FHWA/WSDOT submittal for approval. Task 9.3 — Biological Assessment (No Effect Memo) A BA No Effect memo will be prepared for the preferred alternative in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the memo. 1. Conduct a field reconnaissance to investigate on -site habitat conditions. 2. Prepare a draft BA No Effect memo addressing listed species, proposed species, candidate species, species of concern, and critical habitat. 3. Provide the draft memo to the City for review and approval. 4. Revise the memo, as appropriate, and submit the final BA No Effect letter to WSDOT for their review, possible negotiation of mitigation measures, and approval. Deliverables • Draft BA No Effect memo for review by City with accompanying draft special provisions if required, One (1) electronic PDF copy and required attachments. • Draft BA No Effect memo, incorporating the City's comments, for submittal to F H WA/WS DOT. • Final BA No Effect Memo, incorporating comments by FHWA/WSDOT Task 9.4 — Hazardous Materials Memo A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the overcrossing project. Sites with potential for environmental issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present or those with strong pungent or noxious odors. The scope of services for this study will include; 1. A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 2. A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 3. Conduct a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. 4. A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on -site or off -site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. kpffPage 25 of 29 Deliverables • A draft Hazmat Memo will be provided. • A draft of the Hazmat Memo will be provided incorporating City comments. • The final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Task 9.5 — NEPA Categorical Exclusion Documentation Form The Consultant will prepare a NEPA Categorical Exclusion Documentation Form (CE) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 300.04). The CE will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. Assumptions • The project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables • Draft NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy and required attachments. • Final NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy and required attachments. TASK NO. 10.0— GEOTECHNICAL ENGINEERING (CHE) Ciani & Hatch Engineering (CHE) will provide geotechnical services for the Argonne Road Bridge for 30% design. Task 10.1 — Geotechnical Field Exploration CHE will execute the Geotechnical Field Exploration, which will include the following tasks: 1. Review publicly available geotechnical data and geotechnical data provided by the City and/or design team. 2. Coordinate with the design team and the City to review the number and location of the proposed explorations. 3. CHE will obtain a City of Spokane Valley right-of-way (ROW) permit for the exploration program, as needed. 4. Subsurface Exploration Plan detailing the location, type, depth, and purpose of geotechnical explorations. 5. Coordinate the clearance of underground utilities at our proposed exploration areas. Exploration locations will be marked in the field and CHE will contact the digline utility notification service. 6. Explore the subsurface soil and groundwater conditions by advancing 2 to 4 test pit exploration at the site. Geotechnical test pits are relatively small (4-ft x 6ft) ITffPage 26 of 29 holes excavated with a tracked or rubber -tired excavator. We anticipate test pits for this project will be excavated to depths of 6 to 12 feet or practical refusal. 7. Explorations shall be field located using handheld GPS and measurement from existing known features. 8. Complete one Pilot Infiltration Tests (PIT) within one of the test pits to evaluate design infiltration rates for the site. The PIT is completed over a 7-hour period and consists of a 6-hour presoak period followed by falling head infiltration testing. Following testing, the test pit will be over -excavated to observe whether test water is mounded. A soil sample will be collected for laboratory analysis and the test pit will be backfilled with excavated material. 9. CHE personnel will monitor the advancement of the test pits, collect representative soil samples, and prepare detailed test pit logs of the conditions observed. 10. Soil samples collected from the exploratory test pits will be delivered to an external geotechnical laboratory for further examination and classification. Soil samples obtained from the explorations will be held for 30 days after submittal of the final report or 180 days after completion of the exploration program, whichever is sooner. After that date, the soil samples will be disposed of unless arrangements are made in writing to retain them. Assumptions • Explorations can be accomplished in 2 working days and during normal daylight workdays and hours (Monday through Friday), with at least a minimum of 8 hours available per day. • Explorations can be completed in the grass adjacent to the roadway and traffic control is not required. • The City will issue CHE a no cost right-of-way use permit • Site soil is free of contaminants and analytical testing of soil and groundwater is excluded from this scope. If potentially contaminated soil or groundwater is detected during drilling, CHE will immediately stop drilling and notify KPFF. • All explorations will be completed within City of Spokane Valley right-of-way. Coordination with private property owners is not required. • Snow removal/plowing will not be required to access the exploration locations. • No locations will require Vac Truck excavation due to adjacent utilities being present within 5-feet of the proposed exploration. • Neither CHE nor its drilling subcontractor will be responsible for damage to unmarked or mismarked utilities. Deliverables • Exploration Plan Task 10.2 — Geotechnical Engineering Report CHE will utilize the geotechnical data from existing borings and the test pitthe exploration program to complete the engineering analysis and prepare a draft and final Geotechnical Engineering Report. The report will include: A summary of the anticipated subsurface soil conditions at the site, geotechnical laboratory testing, test pit logs and a site plan showing the approximate locations of the test pit explorations. A subsurface profile along the proposed bridge alignment. ITffPage 27 of 29 • Code -based seismic design criteria assuming Site Class D and conforming to the WSDOT Geotechnical Design Manual. Site class will be confirmed through additional geotechnical exploration in final design. • Potential for seismic effects including liquefaction triggering, post -liquefaction settlement, liquefaction -induced lateral spreading, seismic slope stability, and fault rupture. • An evaluation of the infiltration rates for site soils determined from Small Scale PIT testing. • Recommended preliminary design parameters for shallow bridge foundations. • Recommendations for preliminary design to support type and layout of abutment or retaining walls, including lateral earth pressures, soil strength parameters, and backfill material type. • Recommendations for material type and strength parameters for embankments and MSE walls. • Slope stability evaluation of the embankment considering the proposed bridge foundation loading. • Recommendations for further geotechnical exploration to support final design. A discussion of geotechnical construction considerations and requirements, recommended quality assurance testing, temporary excavation support, seasonal work considerations, and equipment mobility/access. Assumptions CHE will respond to one set of consolidation comments on the draft report kpffPage 28 of 29 rlalivarahlac • Draft 30% Geotechnical Report. • Final 30% Geotechnical Report Task 10.3 — Project Management Project management services to support the project include invoicing, project status updates, team communication, and subcontractor management for an anticipated duration of 9 months. Assumptions • Attendance at up to 5 coordination meetings with the City and WSDOT, as noted in Task 1.2. • Attendance at bi-weekly (every other week) design team meetings, as needed. CHE will attend up to 6 meetings. • Attendance at monthly team meetings for up to 9 months. TASK NO. 11.0— CONSTRUCTABILITY/COST ESTIMATE (OS) Provide constructability input on alternatives and review alternative cost estimates. Provide a construction schedule based on the 30% design. Assumptions • MS Projects will be used to prepare the 30% construction schedule. ni=Iivarahlac • 30% Cost Estimate • 30% Construction Schedule ITffPage 29 of 29 Argonne Bridge Replacement Survey Area It Legend STA Argonne Station Survey Area (already collected) Proposed Argonne Bridge Replacement Survey Area Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. Argonne Bridge DBE GOAL DBE TOTAL $233,731.21 DBE Osborn Total % of Goal $86,049.29 7.60% Widener $58,047.74 5.12% Ott -Sakai $24,762.03 2.19% Ciani & Hatch $64,872.15 5.73% Total DBE Percentage DBE GOAL Percentage006 •. 20.63% 16% Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I Surveying, Roadway Design & Plans Preparation Section A. Survey Data See Exhibit A - Scope of Work B. Roadway Design Files See Exhibit A - Scope of Work C. Computer Aided Drafting Files See Exhibit A - Scope of Work Files shall be created in Microstation and converted to AutoCAD prior to transferring files to agency. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number D. Specify the Agency's Right to Review Product with the Consultant See Exhibit A - Scope of Work E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A - Scope of Work F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A - Scope of Work Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number R Any Other Electronic Files to Be Provided See Exhibit A - Scope of Work HL Methods to Electronically Exchange Data Email or collaboration site. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number A. Agency Software Suite See Exhibit A - Scope of Work B. Electronic Messaging System Email. C. File Transfers Format Email or collaboration site. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number Exhibit D Prime Consultant Cost Computations See Exhibit D on next page Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 x w ■ 1 11 IIIIIIIIIIININ III I E t Actuals Not To Exceed Table (ANTE) WSDOT Agreement: KPFF, Inc. 1601 5th Ave #1600 Seattle, WA 98101 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 149.22% $128.33 $119.38 $102.96 $80.58 $95.50 $68.64 $121.96 $109.83 $118.64 $84.70 $56.09 $94.75 $80.49 $72.31 $121.96 $83.56 $68.15 $105.95 $62.45 $62.45 $48.79 $59.69 $41.78 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $23.69 $22.04 $19.01 $14.88 $17.63 $12.67 $22.52 $20.28 $21.91 $15.64 $10.36 $17.49 $14.86 $13.35 $22.52 $15.43 $12.58 $19.56 $11.53 $11.53 $9.01 $11.02 $7.71 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Structures Principal (PM) $86.00 $238.02 Structures Lead $80.00 $221.42 Strutures Project Engineer $69.00 $190.97 Structures Design Engineer $54.00 $149.46 Structures CADD $64.00 $177.13 Structures Project Coordinator $46.00 $127.31 Civil Principal Engineer $81.73 $226.20 Civil Associate Senior Engineer $73.60 $203.70 Civil Senior Project Engineer $79.51 $220.06 Civil CAD Tech $56.76 $157.09 Civil Project Coordinator $37.59 $104.04 Civil Senior Engineer $63.50 $175.75 Civil Project Engineer $53.94 $149.29 Civil Design Engineer $48.46 $134.12 Land Survey Manager $81.73 $226.20 Sr. Project Surveyor $56.00 $154.99 Project Surveyor $45.67 $126.40 Survey Crew $71.00 $196.51 Survey Crew Chief $41.85 $115.83 Utility Locator $41.85 $115.83 Survery Project Coordinator $32.70 $90.50 CADD Tech $40.00 $110.71 Admin $28.00 $77.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Aft W/Washington State / Department of Transportation October 16, 2024 KPFF, Inc. 1601 5th Ave, Suite 1600 Seattle, WA 98101-3665 Subj ect: Acceptance FYE 2024 ICR — Cognizant Review Dear Marci Monroe -Jones: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firm's FYE 2024 Indirect Cost Rate (ICR) of direct labor based on the "Cognizant Review" from Washington State Department of Transportation (WSDOT) who accepted the audit performed by Clark Nuber, P. S., as follows: • Combined/Corporate:148.44% • Facilities Capital Cost of Money (FCCM): 0.78% This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a wsdot.wa.2ov. Regards, schatzire 1fawetl Schatzie Harvey (Oct 16, 202414:25 P SCHATZIE HARVEY, CPA Contract Services Manager SH: sms Exhibit E Sub -consultant Cost Computations If no sub -consultant participation listed at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See Exhibit E on next page Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number LU 4—j � x LU oo op o o co 16 E So o } - (o L \ _ \ o_) -_ & §S§ } �° - _ [ �{ 6 (§\ } ° w��6/ §� )\, r �) \ §2E ;o, < w\ ,� § -][/// )3±tC) 22 \ {jo k))E {k EMI 7 «:!_ ),& E m:E)\k\ �(\ - » �!°22f{ _ 2]]#/= » // »/»f-«E,! �: , w 8{)#t§§ : . e - , §)\#!:a !;;%!: " §-o Gf: >-U-) a:B g=§,:f: ,#[ / a&2\f}\ A\\))\\� ��\/\\ wee\\\}~° k\§ & , E±lC) woo<:: S)§ 2C)E 0 2\C)-o F--N �� „ - \ ! { < LU � x LU po 00 o o o Im cm w ww So E So co 16 ): 0 §§- f - / \5. A Co Co \ ! :§) 2 . { / z » y : E.lo ( ;§ § _ )) ) ƒ { o Q � Km §7 \)tco I. : k )( B! \ �f, 6 : oEo �/{: _y g /}§#;{!![){$ƒ F`:r [! </ �)�o )) {))\\\\{\§\ §\{{r)f< k\:}�\)\ of :=:,� : §{)\� }E �o ƒ!z}\,:\ §+ +\±§\± [) n ® °�:z:z,/=! >>;> §«:«{22[ §f o 0!®l33m° o: c� � \ ! h ,—I Actuals Not To Exceed Table (ANTE) WSDOT Agreement: Osborn Consulting 520 Pike St. Suite 975 Seattle, WA 98101 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 169.22% $157.53 $170.20 $141.38 $102.67 $76.96 $106.61 $131.99 $104.48 $80.07 $63.05 $104.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $25.65 $27.71 $23.02 $16.71 $12.53 $17.36 $21.49 $17.01 $13.04 $10.27 $17.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Principal $93.09 $276.26 Senior Associate $100.58 $298.49 Senior Engineer $83.55 $247.95 Project Engineer $60.67 $180.05 Design Engineer $45.48 $134.97 Senior Landscape Architect $63.00 $186.97 Senior Engineering Technician $78.00 $231.48 Design Technician III $61.74 $183.23 Design Technician II $47.32 $140.43 Design Technician 1 $37.26 $110.58 Senior Project Accountant $61.90 $183.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1$0.00 Aft W/Washington State / Department of Transportation June 28, 2024 Osborn Consulting, Inc. 1800 112th Ave NE, Suite 220-E Bellevue, WA 98004 Subj ect: Acceptance FYE 2023 ICR — CPA Report Dear Megan Isaacks: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 169.22% of direct labor (rate includes 0.13% Facilities Capital Cost of Money) based on the "Independent CPA Report" prepared by D.L. Purvine, CPA, PLLC. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a wsdot.wa.2ov. Regards, schatzv,e tfa ve Schatzie Harvey (Jul 1, 2024 06:41 PD SCHATZIE HARVEY, CPA Contract Services Manager SH: BJO W 4—j �r i X W a oo o F a` o � Ti m a` o U � � a o U a m � co o w rn a w` a Em w a o �N a` m o a m o a m 0 a m 0 a m m 0 a m o. a s 0 m J C> o m 0 a m J o U m m J m m J Q o m m J a m J o m m a ;;� 0 y 1 o3 m N w O F m `f w w N O -O O H W Z .�.. .3 o ¢ p' LL LL Y O o 3 l0 a N N Z K W N -o ._ o> ow .= o LL LL LL ❑ N l0 d m Z - T m a W U W p t �' .� m a m U o'� N w W m > m w o E ._ N w W m Y K O Q m O M a Z o N o j H IU/1 J❑ N U-) LL T `_, O Z W '- LL d T o N o U U N m U N m N 3❑ E U O C 3¢ H❑❑ A l0 a J >` LL N N K e -O o K o m a m } ¢ U 7¢ Y? m m m m m E Q 3 (0 O U❑ Uo O a 3 m a m w m U w W U LL O o� a o O U E E o 'o U = o m o m :o '° 0 aaa��o `° a ] ��o `° a > o Lo m m U as J °°EEYEo E E m -moo Ti o in 0 N No a) o LL N OL m m o U_❑ N m O K U .- U Q .- p m H N .- p Q m 7 (n o m U K o 2 ❑❑❑ 2 2¢- U T LL o o U U o cn U O m H y o p U m M V N N M fV fV V N fV fV N M M N N N M N V N N N N fG fG N r _ C: 0 ) EN - N fV M Q , LU � x LU 00 ® ( (\\\ \\\ \\ ; ; ; ; N oo o o o o 04 wl lo LO NN o w So o ): JE - /�/ Co Co \:§} ` !:§) 2 { © j - , f . ) z y E. - ;§ § _ )) ƒ { o \ Qw d/ §7 \)tcaIo§o e,- : k )( B! \ of, 6 : �/{: _y g /}§#;.<Df $ƒ :r [! �-a �)�-) )) , �$§/{))\\\\{\§\ §\{{r)f< k\o.. of g:;{!y§DfwDf rw°:=:,�E:° :\ 06')w : !+ Do § in m w w-o} [) a n ® §{$2!£i�z§ °l�:z:z,/=! zf®{; ,):+\±§\± zzu) §«:«{22[ §f o 0!®l33m° oo ! 171 Actuals Not To Exceed Table (ANTE) WSDOT Agreement: Fehr & Peers 601 Union St #3525 Seattle, WA 98101 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 181.39% $240.69 $165.03 $143.99 $129.42 $99.84 $109.89 $87.65 $71.30 $90.26 $71.30 $105.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $36.56 $25.06 $21.87 $19.66 $15.16 $16.69 $13.31 $10.83 $13.71 $10.83 $16.09 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Principal $132.69 $409.93 Senior Associate $90.98 $281.07 Associate $79.38 $245.24 Senior Engineer/ Planner $71.35 $220.43 Engineer/ Planner $55.04 $170.04 Senior Engineering Technician $60.58 $187.16 Technician $48.32 $149.28 Intern $39.31 $121.44 Senior Project Coordinator $49.76 $153.73 Project Coordinator $39.31 $121.44 Project Accountant $58.41 $180.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Aft W/Washington State / Department of Transportation June 11, 2024 Fehr and Peers 100 Pringle Ave, Suite 600 Walnut Creek, CA 94596 Subj ect: Acceptance FYE 2023 ICR — CPA Report Dear Lysa Wollard: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 181.39% based on the "Independent CPA Report" prepared by DL Purvine, CPA, PLLC. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a wsdot.wa.2ov. Regards, schatzl`e 1farvetl Schatzie Harvey (Jun 11, 202412:03 P SCHATZIE HARVEY, CPA Contract Services Manager SH: sms � � � � om o ! ,m 02 } - [§ _ ( o) & §S§ } ° kf [ �{ 6 (§\ } _ ° w�WZ/ e° )\, r �) \ §2E ;o, !, �\ ,_� § -][/// )3±{E! 22 \ {j{)/ +//)E k))E {k EMI 7 «:® \`{ 200 : m:E)\k\ �(\ W - `#0§:a'2 § §&`#�-° ", a! G)� «®-) #f!§o k, :r ` G°> ## 7/J ®§)f/[ -(nn k«:o §§:f `ow &! oA)\ \ ! , „ } < 7,, LU � x LU 04 $ 00 .2 d \} \ OM 0 \ , , ,,_,; ; , , g wo e;;;= a , , 2 ): ): ): ): ): §§- f . �� - /\U) Co \:§} ` !:§) 2 { j ) z y E. - `u u - , ƒ { , } 0 dƒ (0 \)tco e,\ : \\ ^§ \ �f, 6 : o 0}� _6 ;{!![){{) �`:r E. j\ k/�o )) , § �:� f§/{))\)\\{9ƒ\ §\\{r)f: k§)\ o§ , g:;®!=°z=zee.,: r�°:�:,�::° : §,\ff\f: 2� p[J»[ §:fs)M®}: :::®::: U; a n ® }#$2!£#§§§;f£{f _ ,f:+§±§:_ >>/® §«:«\«®§ ° §f 0!®l33 o: \ ! �"�� ,�� } < 171 Actuals Not To Exceed Table (ANTE) WSDOT Agreement: Widener 10108 32nd Ave W D Everett, WA 98204 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 137.62% $110.10 $89.45 $48.17 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $22.04 $17.91 $9.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Project Manager $80.00 $212.14 Senior Biologist $65.00 $172.36 Project Biologist $35.00 $92.81 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1$0.00 Aft W/Washington State / Department of Transportation June 14, 2024 Cowling & Co., LLC dba Widener & Associates 1902 120th PI SE, Suite 202 Everett, WA 982058 Subject: Acceptance FYE 2023 ICR — Risk Assessment Review Dear Jeanette Widener: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 137.62%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a wsdot.wa.2ov. Regards, c�ia�zl� tfa�� Schatzie Harvey (Jun 17, 2024 04:51 PDTf SCHATZIE HARVEY, CPA Contract Services Manager SH: sms LU 4—j � x LU o } o ){ [/ \ \ ) o _ ®) ))! - o - 2 & z §w§ ( } §)§\)\ � )\, [ �j } 0 6 \§) ®o; I) § - a£ °` r Gt;\ & ^w o !, ,o 2 -- /C)C) -- ;2: �7 _ ©i®]/ ):!a t\ �/) 9 — «:!_§,# �!°22f{ §/ �)j({E , r=::;W§ ;,::>) !:! °§ » , §f*®!:a _ 5;-mm »:::!§ ,� �®yE)®\=` |»!-%o- G«5#t®K o 2#: } a()o l;l: <zzr|§ G:> §\§ §f{7\/\§\ gEE d$�f{{ s{\ ) R m!!:)// 2))iz§ al2J366&! moo«:«! �o: \ ! { < 11 LU 4—j � x LU §§} cr� }2 k} CD ` 'T 00 § §- ) \m/ e z f/ �k �] } z y cl § § § �E. \#/ { o § E. ew // 0so , :)\${ t !$- (® \ >2/ �k{ (o\ { ! e �oe 0 W. 2 x ;{{ $ § e »�)\j\�\\ :§ ° \ §) )r {{ 2}) , f E\ !« 0 § « 5w~§ :f C)]+r±\ �t§ !§: /£wafw\ai` ® o;)/{+; §!:: § l®! J3+)\) [ �B>> )!± ......... �� Mmmmmmm ; ) ! ud INI { Actuals Not To Exceed Table (ANTE) WSDOT Agreement: Ciani & Hatch Engineering 18875 67th Drive NE, Unit 1 Kenmore, WA 98028 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 120.00% $95.20 $80.77 $50.77 $50.77 $53.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $21.86 $18.54 $11.66 $11.66 $12.19 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Principal $79.33 $196.38 Sr. Engineer $67.31 $166.63 Project Engineer $42.31 $104.74 Sr. Staff Engineer $42.31 $104.74 Sr. Project Coordinator $44.23 $109.49 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1$0.00 Aim 7PWashington State Department of Transportation Apri12, 2024 Whitney Ciam Ciani & Hatch Engineering, PLLC 18875 67"' Drive NE, Unit 1 Kenmore, WA 98028-3476 Re: Ciani & Hatch Engineering, PLLC Safe Harbor Indirect Cost Rate Addendum Dear Whitney: Transportation Building 310 Maple Park Avenue S.E. P.D. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to increase the Safe Harbor Indirect Cost Rates from 110% and 80% for home and field to 120% and 90% respectively. You'll be able to update your rates on any WSDOT agreements based on the agreement terms. Please refer to your agreement for specific information on rate updates. For questions on updating your billing rate, please contact the Contract Services Office at consultantrateskwsdot.wa.aov. You may use the Safe Harbor Rate of 120%, or 90% for field office situations, for agreements entered prior to July 6, 2026. For agreements entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact Steve McKerney or me at (360)705-7799. Sincerely, 2arron Elter Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Larry Schofield, MS 47323 File LU 4-0 � x LU co 04 ow oo o —lo I o N 04 IT— or o IoN §JE . - \65 \/)E. u u ƒ { \ Qw � Zƒ (\ \)t{{sf\}� e,\ : k )( B! \ �f, 6 : _y g /}§#wDf< {{) �`oE [o �/ o)� ) )) , f§/{))\)w5—mwo §\\{r)f: Z-F} )o o§ ;§!=°z=Df r�°:�:° o : 2� lo = o§�:�p[Jm[ §:fs)Mu) a,\fw :::®::: S; a n o }#$2!£#§§§;f£ff _� ,f:+§±§!_ >>;> §«©«k«`§ 3f 0!®l33�° o: \ ! ."..... .... ��17 �� ,�� } < LU 4—a � x LU N 0 0 10 . . . . ro [[F . . . -10 } - [§ _ ( o0 ) m_10 -_ & §S§-_ } 1._ - [ �{ 6 (§\ \ ° ��/ w-/) § )\, | �) \ 0 ;o, !, w\ ,� § -w )3±{E! 22 \ {j{-6 +//)E k))E {� EMI 7 «:0 �`°:®}# \`{ 2 200 // »/»:«\E : m:E)\k\ ®- �(\ W - § , §) ;lU) » " °E§ , ; ° ! G«)#t§0 [ ,#r o a a&:\r}t ,:_ _ l;;;l: G%> �E� ��///)- g=§f: §(\ -� o A\\)\2 - - : o ! k\\�0 «C) n \ ! } < LJ Actuals Not To Exceed Table (ANTE) WSDOT Agreement: Ott -Sakai & Associates, LLC PO Box 247 Mountlake Terrace, WA 98043 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE 84.49% $104.77 $104.77 $98.85 $74.77 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fixed Fee NTE 27.55% $34.16 $34.16 $32.23 $24.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 All Inclusive Hourly Billing Rate NTE Principal $124.00 $262.93 Senior Construction Specialist $124.00 $262.93 Construction Specialist $117.00 $248.09 Contracts Admin $88.50 $187.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1$0.00 Aft W/Washington State / Department of Transportation June 26, 2024 Ott -Sakai & Associates, LLC PO Box 247 Mountlake Terrace, WA 98043 Subject: Acceptance FYE 2023 ICR — Risk Assessment Review Dear Kimberly McShea: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 84.49% of direct labor (rate include 0.06% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(&wsdot.wa.2ov. Regards, schatzw,e 1fal,-Vetl Schatzie Harvey (Jun 26, 2024 13:36 PD SCHATZIE HARVEY, CPA Contract Services Manager SH:BJO 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, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Washington State Department of Transportation specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of* Transportation specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number 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 11 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 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number Exhibit G Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification Document Certification of Consultant Certification of City of Spokane Valley Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF, Inc whose address is 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out thisAGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the LAY 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. KPFF, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: ❑ City Manager ❑ Other of the City of Spokane Valley and KPFF, Inc or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the 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. Signature Date Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. KPFF, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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: 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 require 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. KPFF, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of as of ** * are accurate, complete, and current This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF, Inc. Signature Date of Execution Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Local Agency A&E Professional Services Agreement Number 25-079 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The pr essional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insur ce of this Agreement is amended to $ The CONS TANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance co rage shall be evidenced by one of the following methods: • Certificate of Insu nce • Self-insurance throu an irrevocable Letter of Credit from a qualified financial institution Self-insurance through docu entation of a separate fund established exclusively for the payment of professional liability claims, including clai amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the Iat t annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Lia 'lity insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value o the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (F A) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGEN may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance require . Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded p ject. • For final contracts, include this exhibit Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Agreement Number 25-079 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. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Agreement Number 25-079 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0713012021 25-079 Agreement Number ��, L i 7 nN dNVlaP1 rlFt rF hs t v K� it 9a WESSg�UP1D,r II �0 dW ba�jj0 g3 I I � .t 5 �yI w K J DAV NOISSIW O N U a� 4-J ca 0 c ca Q 4-J •� -�e '0 •� � •_ L •� a� p a a� Q -0 0 -I�e U C :Lj _0 i) c O (u U_ -0 Q wro n-� cn U� Q N �0 fu O a-J C F5 CD 0 .m fu ro c U E •C: 75 L Q O 4-' L 0 ^ , -61 ^C:^, W Ln LA > V -p -61 U E a-J o M c o t u O c c cv o rj U� c m p� `� 00 E u oO O- CL U o a� � •6) u, Q a� 0� > >. �N �� .�� 0 ~ �"a��o 0 ca E V/ �i L 0� C O ate.! N : fa O> C .0 �i f � N ( 0 N (u > N {M CJ n \1J 4-J a3 � _ •— � O 0 o � .61 rn C-61 U cn U O U a Q fu 0 M cyl 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Admin. Report— Solid Waste Collections Service Update GOVERNING LEGISLATION: Chapter 70A.205 RCW: Solid Waste Management —Reduction and Recycling Chapter 70A.300 RCW: Hazardous Waste Management PREVIOUS COUNCIL ACTION TAKEN: • May 23, 2017 — Authorized 10-year Comprehensive Garbage, Recyclables, and Compostables Collection Contract with WM (Waste Management) • January 30, 2018 — Authorized the First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract with WM (Waste Management) • April 23, 2024 — Administrative Report - Solid Waste Management Program Overview • October 22, 2024 — Administrative Report — Solid Waste Collections Service Update BACKGROUND: On November 16, 2014, the City's interlocal agreement with the Spokane County Regional Solid Waste Management System (SCRSWS) expired. Prior to this expiration and in view of it, the City Council considered options and voted to assume responsibility of managing the solid waste generated within the City by privately contracting for solid waste services, including: 1. Transfer station, transport, and disposal services 2. Residential and business collection services, and 3. Drop -box collection services. On April 1, 2018, WM (formerly Waste Management) began providing solid waste collection services under a 10-year Solid Waste Collection Contract City Council approved on May 23, 2017. The main purpose of this contract is to provide curbside collection of garbage, recyclables, and compostable materials to residents that choose to have the service provided to them. The current contract expires on March 31, 2028. The City may, at its sole option, extend the Contract up to two additional two year extensions. The purpose of this Council Presentation is for WM to provide an update on their collection services and history, any challenges encountered since the last service update, and provide context/background to frequently asked citizen questions, or any questions from Council. OPTIONS: Discussions Only RECOMMENDED ACTION OR MOTION: Discussion/Information only. No action is required of Council as this is an overview to the Solid Waste Collection Services by the provider. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Robert Blegen, Public Works Director ATTACHMENTS: • WM Presentation ca L m U cu (n O cc U Q A.j ►9 L. O .0 U) E 0 U 3 01 .0 a 7 1 O L N L C6 N %T O > lB N � O j U O U N O O 00 N - Q `~ _ N •— j O p c6 O U '� U .O U }' O U .N � O � (-Y) O C\j m O U (� O :'—' > r N � CV � %+- � CL •(� O Zi J O U D V o a) = i o 41 v o o _> O a) U)IM °' o N •� •� N 0') U j O O N }' u O +� U U N N 0 4-0s s u H . 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O 0 0 0 E 0 E I� k r OD CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Citywide Transportation Impact Fee Areas GOVERNING LEGISLATION: RCW 36.70A.070(6)(b); RCW 43.21 C; RCW 82.02.050-.110; WAC 197-11; WAC 365-196-850; SVMC 17.110-010; SVMC 22.100. PREVIOUS COUNCIL ACTION TAKEN: December 15, 2020: Council approved Ordinance No. 20-026 to establish Transportation Impact Fees as part of CTA-2020-0005 and to adopt the South Barker Corridor Transportation Impact Fee Rate Study. December 22, 2020: Council approved Resolution No. 20-016 to update the Master Fee Schedule to include the South Barker Corridor Transportation Impact Fees. July 13, 2021: Council approved Ordinance No. 21-008 to adopt the Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study August 2, 2021: Council approved Resolution No. 21-004 to Amend the Master Fee Schedule to include the Mirabeau Subarea Transportation Impact Fees and the North Pines Road Subarea Transportation Impact Fees. March 29, 2022: Council approved Ordinance No. 22-005 to rate study addendums to the South Barker, and Mirabeau and North Pines Transportation Impact Fee Rate Studies. BACKGROUND: Transportation Impact Fees (TIF) have been in place since December of 2020. There are three impact fee areas established: the South Barker Corridor, the Mirabeau Subarea, and the North Pines Road Subarea. Impact fees are specifically allowed to address impacts from new development and they may be imposed on all new development within a designated area, such as the South Barker Corridor area. Generally, they are collected when a building permit application is submitted, though there are some allowed deferrals for smaller developments. Outside of TIF areas, each development is subject to analysis requirements based on the size of the development with some large developments requiring mitigation and small developments exempt from study. Projects within TIF areas provide a known fee so developers may plan for mitigation costs with certainty and provide a much quicker approval process. In 2024, developments in the three TIF areas contributed nearly $220,000 in revenue toward the projects in the TIF areas. Since inception, total revenues in the three TIF areas have been $720,606. Developments in the Planned Action Ordinance (PAO) area contributed nearly $240,000 in mitigation reimbursement for the projects completed to facilitate development. Since inception, the PAO total is $1,252,504. It is estimated that almost 40% of the trips generated over the next 25 years will occur outside of the existing fee areas while approximately 75% of the project costs are expected outside of the existing fee areas. In late 2023, staff contracted with a transportation engineering and planning firm, Fehr & Peers, to complete a preliminary study for use in estimating a city-wide impact fee. This study was based on projects and costs identified in 2023 and are likely to have changed. The study identified three options for a City-wide impact fee program. Potential costs based on the 2023 data were developed for each of the three options. These costs are summarized in Table 1 along with the existing fee areas. 1. Keep existing fee areas and create one zone for the rest of the City. 2. Eliminate existing fee areas and create one zone for the whole City. 3. Eliminate existing fee areas and create three zones for the City. Table 1. Exi 1 Fee Area Trip Costs Existing -Barker $3,635,350 3,154* $1,153* Existing- Mirabeau $1,412,330 2,022* $ 698* Existing-N. Pines $2,565,000 1,169* $2,195* Existing-PAO $3,364,482 1,340 $2,831 Option 1 $35,538,912 9,650 $3,683 Option 2 $43,156,237 15,670 $2,755 Option 3-West $17,056,000 4,200 $4,062 Option 3-Central $14,471,500 5,900 $2,450 Option 3-East $11,628,700 5,600 $2,091 *: These trips and fees were updated in 2022 (note: West zone trip costs revised from prior memo due to rounding to nearest $100) Zones in a transportation impact fee program are established in an effort to ensure there is a nexus between where fees are collected and what fees are spent on. However, adding zones adds complexity to transportation impact fee programs and can result in highly uneven fee levels, which create "boundary effects" where a developer can face very different fees on either side of a zone boundary. This can be viewed as unfair and erode trust in the program. The goal is to maximize simplicity while still ensuring a strong connection between fees and transportation projects The three zones identified for Option 3 were identified based on growth forecasts and the location of transportation projects. All zones have a similar amount of growth and number of projects. Smaller zones would result in unbalanced growth and project levels, resulting in uneven fees. A A Figure 1. Three Zone Illustration with 10 Largest Projects Figure 2. Four Existing Fee Areas (unshaded areas) Table 2. Ten Largest 20-Year Transportation Projects in Spokane Valley (2023) Sullivan & Trent Interchange Argonne Rd. & 1-90 Interchange Bridge Widening South Bowdish Rd. - Phased Corridor Improvements Barker Rd. Improvements - Appleway to 1-90 Argonne Rd. Concrete Pave. - Indiana to Montgomery Pines Rd., SR-27 & 16th Intersection Broadway Ave. Improvements - Flora to Barker Park Rd. - Broadway to Indiana Upgrade and widen grade separation at Sullivan/ BNSF/Trent Grade $36,960,000 Central (SR290) Separation Widen Argonne Road bridge to 3 lanes southbound and Reconstruct $13,200,000 West improve sidewalks. Reconstruct Sprague to Dishman Mica as a modified urban Intersection $11,440,000 Central street with improvements at 16th/32nd. Improvement Reconstruct 5-lane urban section with alignment/channelization Intersection $5,720,000 East improvements at Appleway & Broadway. Improvement Reconstruct with concrete and improve signal timing at Arterial $4,545,200 West Montgomery. Improvement Add traffic control at five -leg intersection. Intersection $4,400,000 Central Improvement Extend 3-lane urban section to Barker Rd and realign Arterial $4,400,000 East connection east of Barker. Improvement Reconstruct to a 3-lane section with curbs, sidewalk, bike lanes Reconstruct $3,960,000 West and new stormwater facilities Boone Ave. - Flora to Barker Reconstruct roadway to city standard and address right-of-way Reconstruct $3,520,000 East Appleway Trail - Dishman Mica to Extend Shared Use pathway to NSC with connections to Ped & Bike/ $3,520,000 West NSC neighborhoods Safety Flora Rd. Reconstruction - Reconstruct to city standards, including a shared -use path Ped & Bike/ $3,520,000 East Sprague to Montgomery connecting Appleway & Centennial Trails. Safety * Excluding ROW Cost OPTIONS: 1) Consensus to proceed with the Transportation Impact Fee Rate Study based on three zones; or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Council consensus to proceed with the Transportation Impact Fee Rate Study based on three zones. BUDGET/FINANCIAL IMPACTS: There is no additional cost to the City for the proposed Rate Study; this cost has already been identified in the 2025 budget. STAFF CONTACT: Robert Blegen, Public Works Director; Jerremy Clark, Traffic Engineering Manager ATTACHMENTS: 1. PowerPoint Presentation N LL Q E O t� LL O O m L L- ca O Q O > .3 � CM � L W V A O . . . r Wi U) LU L U cn LL 0: L 0) O O 7 Cl) a) 0 w. cn LL Q _o wOV � U` Z C: O ou)a) ca a) _ w ; a) E c)_ ' L c: cu 4-0 ca cn c: O Q ' 0 a 0 4-0v' C: Co C: � a) 4-0 U u) : U� (/, " a) N L O +� 3 cn O w w: a) cu a) -0 � U � a)LL U L5 ,5 LL Q � Z C/)�� Q Q w: C: ca ca o-c`na_0 Q; =3Ea)a) o€ cu cn Q Q- o LL w € o C: ca — a) a) 7C) ca O a�LL Z 0 Z Lu N � L a) a)O a, O` U€ }' X a) cu LL U p -q m ca w Z€ Q O Q E U — Q m C**-' W W L o a) a L� U + cu U N (� � Cl)L 0 Q �c cu 0°: a � E E co T-SCU 0— C: L %1 - � Q cu Q — . 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LU x LU Z CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Overview of State and Local Regulations of Motorized Scooter Share Programs within the City. GOVERNING LEGISLATION: RCW 46.04.336 and .670, RCW 46.61.710-.715, and RCW 46.20.500); chapter 9.20 Spokane Valley Municipal Code (SVMC). PREVIOUS COUNCIL ACTION TAKEN: • 11/16/2004: Passed Ordinance 04-048 addressing scooters. • 3/27/2007: Pass Ordinance 07-005 amending Ordinance 04-048 and recodifying as 9.20 SVMC. • 4/23/2019: Received an Information Only Item regarding the LIME Bike and Scooter -share program and the City's code provisions regulating use of motorized scooters and bikes. • 9/22/2020: Passed Ordinance 20-011 amending 9.20 SVMC. BACKGROUND: In 2004, the City Council adopted Ordinance 04-048 enacting code provisions to regulate use of motorized foot scooters (including electrically powered foot scooters). Council later recodified the regulations as Chapter 9.20 SVMC in 2007 with passage of Ordinance 07-005. At the time, companies were not operating "scooter share programs" — for example, LIME scooters — so neither ordinance addressed such operations. "Scooter share programs" (hereinafter "Share Programs") refers to programs through which a company provides a large number of bikes, scooters, and, in some instances, cars, for public use by leaving them in clusters on sidewalks (or streets for cars) throughout a city. Generally, the bikes and scooters are electric, and the public is required to download an app on their phone to access the bikes or scooters. The public then pays a set charge to use the bike or scooter and may keep it or use it until they no longer need it. At that point, they leave the bike or scooter in place, where another user will use it, or where the company may come and pick it up for charging or placement back at designated locations. These programs allow public users to have relatively inexpensive access to quick transportation without the need to purchase or store that transportation device. Several years after Ordinance 07-005 was adopted, Share Programs rose in popularity and use throughout the nation. In late 2018 to early 2019, LIME (a company operating scooter and bike share programs throughout Washington and the nation) contacted the City to discuss beginning operations within the City, including but not limited to the City potentially entering into an agreement with LIME dictating the terms of operation, including locations where such scooters would be allowed and data sharing responsibilities. On April 23, 2019, City staff informed Council that staff did not believe an agreement with LIME would be beneficial to the City. Staff relayed to Council that (1) the City's current motored scooter regulations apply to any LIME scooter operated within the City, and (2) entering into an agreement with LIME could be seen as condoning the use of motorized scooters and potentially expose to the City to liability for LIME - related injuries. Council did not direct staff to take further action at that time. In July 2019, the Washington Legislature passed ESHB 1772 regulating the use of shared scooters. The legislation amended RCW Title 46 by, among other things: 1. Broadening the definition of motorized foot scooter 2. Amending existing state regulations regarding motorized transportation devices to make it clear that they apply to motorized foot scooters as well. These regulations (a) set the minimum operating age at 16, (b) set standard speed limits of 15 mph, (c) prohibit use of motorized scooters on sidewalks unless there is no alternative bicycle or pedestrian path (or the local jurisdiction authorizes such use), and (d) making motorized scooters subject to parking regulations. 3. Authorizing local jurisdictions to regulate the operation of "motorized foot scooters" and "shared scooters," which are defined as "any motorized foot scooter offered for hire." RCW 46.61.715(3)(c). Anticipating that LIME and/or other Shared Program companies would begin operating within the City, Council adopted Ordinance 20-011 on September 22, 2020. Ordinance 20-011 amended Chapter 9.20 SVMC relating to the operation of motorized scooters in accordance with ESHB 1772, including scooters owned by Share Programs operating within the City. Approximately 1 month after adopting Ordinance 20-011, LIME announced that it was going to begin operating LIME shared scooters within the City. Since beginning operations in the City, LIME and shared scooter users have been and remain subject to SVMC 9.20 et seq. as it was adopted in September 2020. As currently adopted, SVMC 9.20 et seq. imposes the following restrictions on the use of motorized scooters, including shared scooters owned by a Share Program, on City streets and other public areas: 1. Users must be at least 16 years of age or older to operate a motorized personal transportation device — which includes shared scooters — on a street, alley, or other public area. 2. Requires use of such devices on streets to obey all traffic control devices and rules of the road applicable to motor vehicles. 3. Prohibits parking of motorized personal transportation devices (including shared scooters) on sidewalks where such parking obstructs normal pedestrian use. 4. Makes Share Programs responsible for a traffic infraction when a motorized scooter (or bicycle) owned by a Share Program is parked in a way that obstructs pedestrian use of a sidewalk ($50 fine for each violation). 5. Prohibits use on any City street with a speed limit greater than 25 mph, except within designated bike lanes. 6. Prohibits sidewalk use, but allows electric -motor scooters and electric -assisted bicycles to be used on sidewalks where the abutting street has no bike lane or other shared use path. Where sidewalk use is allowed, the user must (a) yield to pedestrians, and (b) not exceed a speed of 10 mph. 7. Prohibits use in parks except on public streets, parking areas, and parking lots. 8. Generally prohibits use of motorized personal transportation devices on trails. Allows operation of such devices on the Appleway Trail and Centennial Trail, but only when (a) the device is powered by an electric motor, and (b) does not exceed 15 mph. 9. Prohibits carrying passengers or towing people/devices with a motorized personal transportation device. 10. Requires users to wear a helmet. 11. Requires the device to have (a) a functioning lamp on the front that, when lit, is visible from at least 500 feet, (b) a functioning red reflector on the rear of the device that is approved by Washington State Patrol, (c) a brake, and (d) a brake light. 12. If powered by an internal combustion engine, the device must have an operational muffler. Enforcement Currently, the City's codes governing motorized scooters and scooter share programs are enforced by the Spokane Valley Police Department. There are applicable traffic laws to operations of motorized scooters such as negligent driving, reckless driving, and driving under the influence. Penalties for violations of these laws are criminal. The penalty for all other violations of SVMC 9.20 are traffic infractions and subject to a $50 penalty. The majority of complaints that the City receives are regarding scooters blocking sidewalks or parked on private property. City staff also have a direct contact with LIME. When the City receives complaints regarding obstructions, the City contacts LIME, who historically has been responsive to removing scooters blocking sidewalks or moving parked scooters to ensure pedestrian access. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Kelly Konkright, City Attorney; Erik Lamb, Deputy City Manager. ATTACHMENTS: PowerPoint Presentation U' LU 00 0 F� J C/) o U W Lo N UJ (:::) Y E N �w� U) L L � i O O Q V .- L U) G� a O � N .L O L O O Q E O --+ -V i 0O aI L i m L O +� N Q +O+ LU L L 0 O � L Q O O -X ca i ca L Gi i 0 •� U) a)J VU 0 cc +Q+ ti O •U) -V c O V N -0�— I I I cc U L O N N (1) CL W N N N N 0 O N ■ L. 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Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Admin Report — Endangerment with a Controlled Substance GOVERNING LEGISLATION: RCW 9A.42.100, RCW 9A.36.031, RCW 9A.36.050 PREVIOUS COUNCIL ACTION TAKEN: Council provided consensus to place this topic on the advanced agenda. BACKGROUND: Given the rise of accidental fentanyl overdoses among children in our community, Council gave consensus to place a discussion on the topic of endangerment with a controlled substance on the advanced agenda. In 2025, there have been two high -profile accidental child overdoses involving fentanyl. Children exposed to fentanyl and other opioids face significant risks, including overdose, developmental delays, permanent physical and psychological harm, or death. Currently, state law does not explicitly address opioid-related threats. For example, RCW 9A.42.100 "Endangerment with a controlled substance," a class B felony, explicitly references and only applies to methamphetamine and other amphetamine -related substances, not fentanyl or opioids. Therefore, in cases involving accidental fentanyl or opioid overdoses, if methamphetamine is not present, law enforcement must charge with V degree assault (class C felony) or reckless endangerment (gross misdemeanor), which both carry lower penalties than endangerment with a controlled substance. This leads to gaps in enforcement and underestimation of the severity of these cases. The Spokane Valley Police Department compiled relevant background information and potential solutions to appropriately address the gaps in state law for crimes involving accidental exposure to fentanyl. Potential solutions include (1) proposing legislation to amend RCW 9A.42.100 to include fentanyl and synthetic opioid language; and (2) adopting an ordinance making endangerment with a controlled substance, including fentanyl, a gross misdemeanor. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion or other action Council deems appropriate. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Lt. Jerad Kiehn, Chief Ellis ATTACHMENTS: PowerPoint Presentation - Endangerment with a Controlled Substance U N � to 70 U) .- �O 70 0- O U j, L O �--' U o 0 70 70.�_ � N a o (1) o O O �N o� .� C) .� o O � .� O 0- C) a� 70 70 U-) CM Co CVO O N Cv 0) M = Q 70 CM O C/) � 70 N > U) U) C) uj � U � O N L E A N 0- O 70 Ca lTO }, }, m O N CL)N 0- N to L 0- N o m U) U � ■� to U O Ca O cm L U }' co O 70 70 0 .O cn U 2 D- o 0 A A i s i Ca "- O /L ca w N o (3) (3) L O L U > c U N W -- Q) O 0 � a; -�-� �' a) Ca Q) ■- A O OI CD L }' U Cz Ca }� I L cn L O �O U U E Qcz O CD U CD � N — O (n U N - � Q _N Cll L 0 U >` Ca i A�., A, OU -0 O O = U Q > O Z cz CIO Cz � _0 a L U U Ca '�' O N - J N -0� 4- Ca Q) O U >' ■— O CD- 0 cz co Ca O 0 L t= ca � N L N � CZ -1-+ Ca E i -GO) u) � U Q U m Cn O CL U) N O N ca N N N Q N N N O1 O N N N U N N Q N c� a� ca ca N N N N U U m _0 O N 0 n N E N U L- O N N Q N O C- (1) C- -F - O N O Q N z Q Q z 0 (1) O O a� a� N E m N U N U W ca N N N O O U N C- � N N E O U U N Q N C N N N to N N � 0- 0 �O O }, U O O }, C � N a Q � ca a� N a� o U O1 O U (n N N C- C)— a� E ca a- Q E m C- N E N U Fl N N U O � N � U _0N N E O N N Q O U O N � C- N N _0 N N }, Q N O C- N a0 _0 > x CDL m N C� N N C- C- O U Q U U ■ L cc s L. 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J W H C.� W LL LL w O H J J Q J 2 Q U- Z V W W Cn a- CO CO W O to H — CO cn Q O J a O Z W p� W 00 Z Z — Q c J W Z � Q H cn Z Z W O U- �w Qo - J H V c Z W — Z i� I I 0 �000, L0J Qo' CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 6, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Investment Policy Update GOVERNING LEGISLATION: Chapter 35.39 RCW — Fiscal — Investment of Funds; Chapter 39.58 RCW — Public Funds — Deposits and Investments; Chapter 39.59 RCW — Authorized Investments; Chapter 3.55 SVMC — Payment of Claims Against the City PREVIOUS COUNCIL ACTION TAKEN: Resolution No. 24-002 Banking Authority was approved by Council on January 17, 2024. BACKGROUND: The City has a practice of investing public funds on hand that are not needed for current cash flow needs. Historically, these investments have primarily been held in the Local Government Investment Pool (LGIP) as well as two 12-month Certificates of Deposit (CDs) held with local financial institutions that are listed as qualified public depositaries by the Washington State Public Deposit Protection Commission (PDPC). Resolution 24-002 Banking Authority designates the Councilmembers and City staff with signing authority for the City, and the staff who are authorized to invest public funds on behalf of the City. It also designates the authority for investment in the LGIP as well as qualified public depositaries listed by the PDPC. Finance staff solicit rate quotes from various local financial institutions for the CDs twice annually when they mature. The LGIP has a formal Investment Policy that governs the collective investment of funds within the pool. The policy lists out that the objectives of the investment practices are safety, liquidity, and return on investment, in priority order. It also lists that eligible investments are only those securities and deposits authorized statute, which are limited to: • Obligations of the U.S. government • Obligations of U.S. government agencies, or of corporations wholly owned by the U.S. government • Obligations of supranational institutions provided that, at the time of investment, the institution has the United States government as its largest shareholder • Obligations of government -sponsored corporations which are, or may become, eligible as collateral for advances to member banks as determined by the board of governors of the Federal Reserve • Certificates of deposit or demand deposits with financial institutions made in accordance with the provisions of Chapter 39.58 RCW Interest rates earned by the LGIP fluctuate with economic conditions and mirror the economy at large. The current rate for the LGIP is about 4.4%. Fiscal year rates for the LGIP are included as an attachment to this report. Additional historical rate data can be found on the LGIP's website. The interest rates for the City's two current CDs are 4.2% on $2 million and 5.23% on $3 million. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: During 2024, the City earned about $5.4 million in interest on deposits with the LGIP. Investment balances include about $5 million in CDs and about $99 million in the LGIP (as of April 30, 2025). STAFF CONTACT: Chelsie Walls, Finance Director ATTACHMENTS: • Resolution No. 24-002 Banking Authority • LGIP Investment Policy • LGIP Historical Interest Rates CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.24-002 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DECLARING WHICH QUALIFIED PUBLIC DEPOSITORIES THE CITY IS AUTHORIZED TO CONDUCT FINANCIAL TRANSACTIONS WITH, DECLARING WHICH COUNCIL MEMBERS AND CITY OFFICERS HAVE SIGNING AUTHORITY PURSUANT TO SPOKANE VALLEY MUNICIPAL CODE 3.55.010; REPEALING RESOLUTION 22-002, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council has authority, pursuant to Spokane Valley Municipal Code 3.55.010 to declare by resolution which qualified public depositories the City may use to pay its claims or obligations, and to declare three Councilmembers and those City officers who are authorized to make payments on claims or obligations of the City; and WHEREAS, it is necessary from time -to -time to update which qualified financial depositories the City does its banking with, as well as to update those Councilmembers and City officers who are authorized to sign checks on behalf of the City at those depositories or otherwise conduct the financial affairs of the City. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1.. Authorized Qualified Public Depositories for Makin Pa ments on Claims or Obligations of the City. The City of Spokane Valley is authorized to use Banner Bank, Mountain West Bank, and other public depositories as listed on the Washington Public Deposit Protection Commission listing of approved banks, for public deposits, checks, and making fund transfers to and from accounts. Section 2. Councilmembers Designated to Have Signature Authoritv at Oualified Financial Depositories for Making Pa meats on Claims or Obligations of the City. Pursuant to SVMC. 3.55.010, the following Councilmembers are given signing authority on behalf of the City to make payments on claims or obligations of the City: Pam. Haley Tim Hattenburg Rod Higgins Section 3. City Officers Designated to Have Signature Authority at Qualified Financial Depositories for Making Payments on Claims or Obligations of the Cijy and Investing Public Monies. Pursuant to SVMC 3.55.010, the following City Officers are given signing authority on behalf of the City to make payments on claims or obligations of the City, to invest its public monies with the Local Government Investment Pool, and make all appropriate transfers related thereto: John Hohman, City Manager Chelsie Taylor, Finance Director Dan Domrese, Accounting Manager Resolution 24-002 Declaring Banking Authority Page 1 of 2 Section 4, Repeal, Resolution 22-002 is hereby repealed in its entirety, Section 5, Effective Date. This Rcs0lUti0D shall be effective upon adoption. PASSED by the City Couticil of Spoka�ie Valley, Washitigton this 17"' day of Jamimy, 2024. crry OF SPOKANE VALLEY Pam Haley, Mayor ATTEST: Marci fGtie"r'son, City Clerk Resolution 24-002 Dedaring Banking Authority Page 2 of 2 INVESTMENT POLICY LOCAL GOVERNMENT INVESTMENT POOL OFFICE OF THE WASHINGTON STATE TREASURER DECEMBER 2018 DUANE A. DAVIDSON WASHINGTON STATE TREASURER TABLE OF CONTENTS I. PURPOSE.............................................................................................................................2 II. IDENTIFICATION OF FUNDS. ........................................................................................ 2 Ill. OBJECTIVES ....................... .......... ................................... ....................................... .......... 2-3 1: Safety 2: Liquidity 3: Return IV. STANDARDS OF CARE...................................................................................................... 3-4 1: Delegation of Authority 2: Prudence 3: Ethics V. CONTROLS........................................................................................................................4-6 1: Custody 2: Authorized Financial Dealers and Institutions 3: Competitive Transactions 4: Share Price Calculation 5: Internal Controls 6: External Controls VI. ELIGIBLE AND SUITABLE INVESTMENTS.............................................................................. 6 VII. INVESTMENT PARAMETERS............................................................................................. 7-9 1: Liquidity 2: Diversification and Percentage Limitations a. Government Securities b. Non -Government Securities 3: Investment Maturity a. Maximum Final Maturity b. Weighted Average Maturity c. Weighted Average Life 4: Repurchase and Reverse Repurchase Agreements VIII. PROFESSIONAL SERVICES.................................................................................................. 10 1: Appointment of Master Custodian 2: Appointment of Securities Lending Agent IX. ADVISORY COMMITTEE.. ....................................................................... 11 X. PERFORMANCE BENCHMARK.....................................................................................................11 XI. REPORTING REQUIREMENTS............................................................................................ 11 2 OFFICE OF THE WASHINGTON STATE TREASURER INVESTMENT POLICY LOCAL GOVERNMENT INVESTMENT POOL I. PURPOSE The goal of this investment policy is to clearly prescribe the State Treasurer's Office duties pertaining to the investment of the Local Government Investment Pool (LGIP) funds. This policy: • Sets out guidelines for the prudent management of LGIP funds. • Describes realistic parameters and goals for safely investing those LGIP funds. • Establishes expectations for generally acceptable returns at a suitable level of risk that matches the nature of the LGIP funds invested. • Provides the framework within which the Treasurer's Office investment activity will operate by setting out objectives, guidelines and structure that includes details on the universe of permitted investments and any restrictions on their use. The State Treasurer reserves the right to amend this policy as deemed necessary. II. IDENTIFICATION OF FUNDS This policy applies to all public funds on deposit with the Local Government Investment Pool (LGIP) as defined by RCW 43.250.020. III. OBJECTIVES The LGIP will transact with its participants at a stable net asset value per share, e.g., all contributions and will be transacted at $1.00 net asset value per share. The LGIP portfolio will be managed to meet the portfolio maturity, quality, diversification and liquidity requirements set forth in GASB 79 for external investment pools who wish to measure , for financial reporting purposes, all of its investments at amortized cost. The objectives of the State Treasurer's Office investment practices for the LGIP, in priority order, will be: safety, liquidity, and return on investment. 1. Safety: Safety of principal is the primary objective of the State Treasurer. Investments shall be undertaken in a manner that seeks to ensure preservation of capital in the overall portfolio. To obtain this objective the OST portfolio manager will do the following: • Limit the purchase of investments to securities that have a maximum final maturity of 397 days, with the exceptions listed in Section VII of this policy 3 • Maintain a Weighted Average Maturity (WAM) of 60 days or shorter, as described in Section VII.3 • Maintain a Weighted Average Life (WAL) of 120 days, as described in Section VII.3 • Limit the purchase of investments in securities other than those issued by the US. government or its agencies • Prepare regular reports of portfolio activity 2. Liquidity: The investment portfolio will remain liquid to enable the State Treasurer to meet all cash requirements that might reasonably be anticipated. Therefore, the investments shall be managed to maintain a balance to meet daily obligations. Specifically: • OST will have an understanding of historical cash flow patterns to manage expectations. • OST will hold securities that can be converted to liquid cash to be incorporated in liquidity structure. 3. Return on Investment: The LGIP will be structured with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the investment risk parameters and the cash flow characteristics of the pool. IV. STANDARDS OF CARE 1. Delegation of Authority The State Treasurer is an executive officer of the state, as established by the Constitution of the State of Washington (Article Ill, Section 1), and "will perform such duties as will be prescribed by law" (Article III, Section 19). As prescribed by the Revised Code of Washington (RCW), "The legislature finds and declares that the public interest is found in providing maximum prudent investment of surplus funds, thereby reducing the need for additional taxation. The legislature also recognizes that not all political subdivisions are able to maximize the return on their temporary surplus funds. The legislature therefore provides in this chapter a mechanism whereby eligible governmental entities may, at their option, utilize the resources of the state treasurer's office to maximize the potential surplus funds while ensuring the safety of those funds" (RCW 43.250.010). To "ensure effective cash management of public funds," (RCW 43.08.015) the State Treasurer may designate investment officers who will have the authority to perform the duties of the state treasurer, and will maintain a current list (available upon request) of those individuals so authorized. 2. Prudence. The State Treasurer's Office authorized investment officers will perform their duties in a manner consistent with the standard of a "prudent person," as defined by RCW 43.250.040: "In investing and reinvesting moneys in the public funds investment account and in acquiring, retaining, managing, and disposing of investments of the investment pool, there shall be exercised the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of the funds considering the probable income as well as the probable safety of the capital." Authorized investment officers acting in accordance with this policy and exercising due diligence shall be relieved of personal responsibility for credit and market risks encountered in the performance of their investment duties. Due diligence requires timely reporting of material deviation from expectations and such other actions to control adverse developments as may be possible in consideration of the particular circumstances and within other provisions of this policy. 3. Ethics and Conflicts of Interest. The State Treasurer, assistant treasurer, and authorized investment officers will adhere to standards of conduct as stipulated by the following: • Public Disclosure Act, Chapter 42.56 RCW • Ethics in Public Service Act, Chapter 42.52 RCW and Section 292-110-010 Washington Administrative Code + Standards of Conduct for Executive Branch Employees, Executive Order 93-02 V. CONTROLS 1. Custody. Safekeeping and Custody: Prudent treasury management dictates that all purchased securities be bought on a delivery versus payment (DVP) basis and be held in safekeeping by an independent third -party financial institution. Deposits will only be made pursuant to Chapter 39.58 RCW. The State Treasurer's Office shall designate all safekeeping arrangements and an agreement of the terms executed in writing. The third -party custodian shall be required to provide a statement to the State Treasurer's Office listing at a minimum each specific security, description, maturity date, fair value, par value, purchase date, and cusip number. 2. Authorized Financial Dealers and Institutions. The State Treasurer's Office will maintain a list of broker/dealers and financial institutions authorized to provide investment services to the state. Authorized broker/dealers and financial institutions will be limited to those that meet one or more of the following: + Financial institutions that are o Approved by the Washington Public Deposit Protection Commission (Chapter 39.58 RCW) o The custody provider to the state pursuant to RCW 39.58.080 • Primary dealers recognized by the Federal Reserve Bank of New York 5 • Non -primary dealers qualified under U.S. Securities and Exchange Commission Rule 15C3-1, the Uniform Net Capital Rule, and a certified member of the Financial Industry Regulatory Authority (FINRA) Each authorized dealer or institution will make available annual reports, including audited financial statements, and other information as determined by the State Treasurer's Office. 3. Competitive Transactions It is the policy of the State Treasurer's Office to transact securities purchases or sales through appropriately competitive processes. Electronic trading is the preferred option for the purchase and sale of investment instruments. Offers or bids for securities may be received from approved broker/dealers by the following means: a. By phone b. By e-mail or other electronic communication c. Through electronic trading platform d. From inventory listings supplied by approved broker/dealers 4. Share Price Calculation The current price per share, for purposes of distribution, redemption and repurchase, will be computed by use of the Amortized Cost Method. It is the intent to manage the portfolio to maintain a stable net asset value at $1.00. However, maintenance of a stable net asset value at 1.00 is not guaranteed. 5. Internal Controls The State Treasurer's Office will maintain internal controls to protect against the loss of public funds arising from negligence, theft or misuse. These controls will include, but not be limited to: • Use of third party custody and safekeeping • Execution of all securities transactions on a DVP basis • Clear delegation of investment authority • Separation of transaction authority from record keeping • Use of objective criteria in selecting financial institutions and dealers authorized to provide investment services to the state • Use of objective criteria in awarding investment purchases and sales to authorized financial institutions and dealers Daily compliance reports, as well as monthly performance reports, will be provided to the treasurer and assistant treasurer. I 6. External Controls As prescribed by RCW 43.09.050, the state auditor will "audit the accounts" and "inspect the books" of the State Treasurer to determine the compliance of investment activities with state statutes and this policy. In addition, the LGIP will contract for an outside independent audit of LGIP financial statements. The LGIP operates with a constant Net Asset Value (NAV) of $1.00. In accordance with GASB 79 the "shadow" NAV will be calculated at least monthly using fair values provided by the master custodian or by an independent pricing service under contract with the State Treasurer's Office. Stress testing of the NAV under different interest rate and redemption scenarios will be done monthly. The "shadow" NAV calculations and results of stress testing will be reported monthly to the LGIP Advisory Committee. This policy will be reviewed/revised at least annually. The State Treasurer will formally approve any changes to this policy after consultation with the LGIP Advisory Committee. VI. ELIGIBLE AND SUITABLE INVESTMENTS Eligible investments are only those securities and deposits authorized by statute. (Chapter 39-58 RCW and RCW 43,84.080) Eligible investments are limited to: • Obligations of the U.S. government • Obligations of U.S. government agencies, or of corporations wholly owned by the U.S. government • Obligations of supranational institutions provided that, at the time of investment, the institution has the United States government as its largest shareholder • Obligations of government -sponsored corporations which are, or may become, eligible as collateral for advances to member banks as determined by the board of governors of the Federal Reserve • Certificates of deposit or demand deposits with financial institutions made in accordance with the provisions of Chapter 39.58 RCW Vlil. INVESTMENT PARAMETERS To provide for the safety and liquidity of LGIP funds, the investment portfolio will be subject to the restrictions listed below. These represent minimum investment restrictions under this formal investment policy and there may be separate guidelines containing additional, more restrictive limitations for certain investment instruments. All restrictions are based on a settlement date basis. The investments of cash collateral and securities accepted as collateral by a securities lending agent are subject to the restrictions and limits of sections VI and VII of this policy. Maximum percentages for a particular issuer, investment type or liquidity constraints may on occasion be exceeded, e.g., due to fluctuations in fund balances. Securities need not be liquidated to realign the portfolio; however, consideration will be given to this matter when future purchases are made. 1. Liquidity The fund will be structured to maintain a degree of liquidity sufficient to meet reasonably foreseeable redemption requests and reduce the likelihood that the fund will have to meet redemptions by selling portfolio securities into a declining market. • 10% will be maintained in "daily liquid assets" that include: (i) cash, (ii) direct obligations of the US Government, (iii) demand deposits, (iv)overnight repurchase agreements and (v) securities that mature the following business day. • 30% of the portfolio will be maintained in "weekly liquid assets" that include: (i) cash, (ii) direct obligations of the US Government, (iii) Government Agency discount notes that have a remaining maturity of 60 days or less and (iv) securities that will mature, or have a demand feature exercisable and payable within 5 business days. • The fund will not acquire an illiquid investment if, after acquisition, the amount of illiquid investments in the portfolio would exceed 5 percent of its total assets. Certificates of deposit and repurchase agreements with final maturities beyond 5 business days, that are not subject to a demand feature that is exercisable and payable within 5 business days, are both considered to be illiquid investments. 2. Diversification and Percentage Limitations Cash raised as a result of securities lending or reverse repurchase agreement transactions will not increase the dollar amount of the following limitations. a. Government Securities Investments in government securities will not exceed the following percentages of the total daily portfolio balance at amortized cost: Floating and Variable Rate Notes (aggregate total) 30% Other Structured Notes 10% For the purposes of this policy the following definitions shall apply: Floating Rate Note: Securities which at all times can reasonably be expected to have a fair value that approximates their amortized cost. This would include those who reset based on indices such as Fed Funds orthe prime lending rate. Floating Rate Notes that reset based on any other index must be approved by either the state treasurer or the assistant state treasurer prior to purchase. Variable Rate Notes: Securities which on any reset date can reasonably be expected to have a fair value that approximates their amortized cost. This would include those who reset based on indices such as LIBOR or US Treasury Bills, Variable Rate Notes that reset based on any other index must be approved by either the state treasurer or the assistant state treasurer prior to purchase. Other Structured Notes: All other debt securities whose cash flow characteristics (coupon rate, redemption amount, or stated maturity) depend on one or more indices and which may have embedded forwards or options. 8 • Structured notes whose cash flows can no longer fluctuate will not count against the 10% limitation. b. Non -government Securities Investments in non -government securities will not exceed the following percentages of the total daily portfolio balance at amortized cost: Certificates of Deposit 5% Demand Deposit Accounts 50% 3. Investment Maturity a. Maximum Final Maturity The maximum final maturity of any security will not exceed 397 days, with the following exceptions: • The maximum maturity of the variable rate and floating rate securities meeting the requirements listed above will not exceed 762 days. • Securities utilized in repurchase agreements b. Weighted Average Maturity (WAM) The weighted average maturity (WAM) of the portfolio will not exceed 60 days. For the purposes of calculating the WAM: • A variable rate security meeting the requirements listed above will be deemed to have a maturity equal to the period remaining to the next reset date, provided that on any reset date such security can be reasonably expected to have a fair value that approximates its amortized cost. • A floating rate security meeting the requirements listed above will be deemed to have a remaining maturity of one day, provided that at any time prior to maturity such security can reasonably be expected to have a fair value that approximates its amortized cost. c. Weighted Average Life (WAL) The weighted average life (WAL) of the portfolio shall not exceed 120 days. For the purpose of calculating the WAL: • A variable rate security will be calculated using its final maturity. • A floating rate security will be calculated using its final maturity. 4. Repurchase and Reverse Repurchase Agreements Repurchase and reverse repurchase agreements will be subject to the following additional restrictions: • Transactions will be conducted only with primary dealers, the state's bank of record, or master custodial bank, and under the terms of a written master repurchase agreement. 9 • Repurchase agreements with any single primary dealer or financial institution will not exceed 20% of the portfolio. • The maximum term of repurchase agreements will be 180 days. • The share of the portfolio allocated to repurchase agreements with maturities beyond 5 business days will not exceed 5% of the total portfolio. Repurchase agreements with final maturities beyond 5 business days that are subject to a demand feature that is exercisable and payable within 5 business days are not included in this limitation. • The maximum term of reverse repurchase agreements will be 90 days and must be matched to anticipated cash flows adequate to liquidate the transaction. • The maximum portion of the portfolio allocated to reverse repurchase agreements or engaged in a securities lending program will not exceed 30% of the total portfolio. Securities utilized in repurchase agreements will be subject to the following additional restrictions: • Purchased securities utilized in repurchase agreements will be limited to government securities. • Securities utilized in a repurchase agreement with a maturity date longer than seven days will be priced at least weekly. • All substitutions will be approved by the OST before the existing purchased security is released to the broker/dealer. • The fair value, plus accrued income, of securities utilized in repurchase agreements will be 102% of the value of the repurchase agreement, plus accrued income. Additional operating guidelines will provide details relating to the frequency of security pricing, substitutions, and margin calls. VIII. PROFESSIONAL SERVICES The State Treasurer's Office may contract for professional services as necessary for the efficient management of investments. 1. Appointment of Master Custodian The State Treasurer's Office may select one or more firms to provide the state with master custodial services. Master custodial services will include, but not be limited to: • Executing transactions involving all securities held in custody, including on-line security clearing, settlement of securities on a delivery -versus -payment basis (DVP), and settlement of physically -held securities • Providing regular reports on the activity and fair value of the securities in custody • Providing for the safekeeping of all documents and financial instruments physically held in custody 10 2. Appointment of Securities Lending Agent The State Treasurer's Office may select one or more firms to provide securities lending management services. Securities lending services will include, but not be limited to: • Ensuring all loans of coupon -bearing securities are supported by collateral valued at not less than 102% of fair value of the securities, including accrued income • Ensuring all loans of non coupon -bearing securities supported by cash collateral, shall not be valued at less than 102% of fair value, but not to exceed par • Ensuring all loans of non coupon -bearing securities supported by non -cash collateral, shall not be valued at less than 102% of fair value • Ensuring the average maturity of securities on loan and of the securities purchased are for 14 days or less • Ensuring that the investment of cash collateral be only in securities and deposits authorized in statute, and be in compliance with the investment guidelines found in the contract for securities lending services • Providing next day liquidity for all securities on loan • Providing monthly accounting, performance, compliance, and management reports The services of a master custodian and securities lending agent will be obtained through an evaluation of competitive proposals submitted in response to a regularly issued request for proposals. Securities purchased by the office are to be held by the master custodian, acting as an independent third party, in its safekeeping or trust department. Collateral is to be similarly held or held by an independent third party with whom the office has a current master repurchase agreement. All securities transactions are to be conducted on a DVP basis only, and a trade confirm/safekeeping receipt is to be provided to the Treasurer's Office. IX. ADVISORY COMMITTEE The State Treasurer created the LGIP Advisory Committee to provide advice on the operation of the pool. Of the committee members, all of whom are active LGIP participants, some members are appointed by participant associations, and some members are appointed by the State Treasurer. The LGIP Advisory Committee will meet quarterly or at the discretion of the State Treasurer. X. PERFORMANCE BENCHMARK A performance benchmark provides an appropriate comparison of risk and return based on an investment fund's policy criteria. The imoney.net, Govt Only Institutional Index is an index that is comprised of 2a7 government only portfolios and conforms to the LGIP 11 investment objectives. Therefore, this index will be used as a comparison for risk and return results. XI. REPORTING REQUIREMENTS The State Treasurer's Office will prepare regular reports summarizing characteristics and holdings in the fund. In accordance with Washington Administrative Code 210-10-090, each pool participant will be provided a monthly statement of account. In accordance with RCW 43.250.080, the State Treasurer's Office will submit an annual summary of LGIP activity to the governor, the state auditor, and the Joint Legislative Audit and Review Committee. 12/14/18 Approved by Duane A. Davidson, State Treasurer Date Effective Date: December 14, 2018 12 I 2 9 A 4 A*N 9- 9 N O N N 4 N 2 a