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2025, 05-20 Formal B Meeting PacketAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, May 20, 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 opportunity 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: Mr. Tom Towey, You Rock Recognition Award PROCLAMATIONS: 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 oral 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 25-007: First Read: CTA- 2024-002 — Tony Beattie 2. Ordinance 25-008: First Read: Right of Way Permit update — Tony Beattie 3. Motion Consideration: Pines GSP Construction Management Contract — Erica Amsden, Robert Blegen [public comment opportunity] Council Agenda May 20, 2025 Page 1 of 2 NON -ACTION ITEMS: 4. Admin Report: Bert J. Porter Foundation — John Bottelli, Shelly O'Quinn 5. Admin Report: Parks, Recreation, and Aquatics Season Preview — Kendall May INFORMATION ONLY (will not be reported or discussed): GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply. COUNCIL COMMENTS MAYOR'S COMMENTS CITY MANAGER COMMENTS EXECUTIVE SESSION ADJOURNMENT Council Agenda May 20, 2025 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 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: First Reading Ordinance 25-007 - CTA 2024-0002 Right -of -Way Permit Update GOVERNING LEGISLATION: Chapters 7.05, 17.80 and 22.130 SVMC PREVIOUS COUNCIL ACTION TAKEN: • April 22, 2025, Administrative report for the right-of-way permit updates. BACKGROUND: Ordinance 25-007 The purpose of right-of-way permits is to prevent unlicensed obstruction and use of the right-of- way that impedes the traveling public, and to ensure applicants bear the responsibility for damage caused by their activity. Pursuant to chapters 17.80 and 22.130 SVMC, the City has classified right-of-way permits as Type I land use permits. In reality, right-of-way permits are distinct from other permits listed in table 17.80-1 as they are for management of the City's rights -of -way, easements, and other public properties held in trust by the City for the public. Thus, the City staff are recommending removing right-of-way permitting procedures from the development regulations. Relatedly, SVMC 17.80.040(A)(1) contains ambiguous language seemingly exempting "normal" repair and maintenance which has led to past challenges when processing right-of-way permits. While conducting work that clearly impedes the traveling public, and requires a permit, some entities have argued they are exempt from permit requirements because they are conducting "normal" maintenance or repair. Because of this, and other potential confusion with this subsection, the City is recommending removing the exemption for normal repair and maintenance. In total, CTA 2024-0002 would repeal SVMC 22.130.100 in its entirety, and update references in chapter 22.130, as well as remove the potential ambiguity within chapter 17.80 SVMC. CTA-2024-0002 was presented to the Planning Commission on December 12, 2024 and a public hearing was conducted on February 13, 2025. The Findings of Fact were approved on February 27, 2025 without opposition. Ordinance 25-008 Codifying right-of-way permit procedures in Title 9 related to Vehicles and Traffic provides clarity to the public that these types of permits are not land use or development regulations. Therefore, in conjunction with CTA-2024-0002, staff are recommending City Council adopt a new chapter 9.50 SVMC, updating and codifying the City's right-of-way permit procedures. The new chapter 9.50 SVMC would replace SVMC 22.130.100. The repeal and relocation of the right-of-way permit procedure necessitates a specific addition to the nuisance provisions of SVMC 7.05.040 related to prohibiting objects in the right-of-way. These changes provide a clearer path for enforcement of unpermitted right-of-way activity. Minor adjustments to the draft language since the administrative report include ensuring certain activity within City stormwater facilities and swales are not exempted from permitting requirements, further clarifying that working without a permit is a nuisance, and clarifying that parties conducting unpermitted work are still required to obtain a permit — the cost of which is double the cost of the required permit. OPTIONS: Advance Ordinance number 25-007 to a second reading; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to advance Ordinance Number 25-007 amending Chapters 17.80 and 22.130 SVMC related to removing right-of-way permit procedures from the development code as stated in CTA-2024-0002 to a second reading. BUDGET/FINANCIAL IMPACTS: There is no anticipated financial impact. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney Jerremy Clark, Traffic Engineering Manager Jenny Nickerson, Building Official ATTACHMENTS: • Draft Ordinance 25-007(CTA 2024-002) • Findings of Fact for CTA 2024-0002 • PowerPoint Presentation F:_ CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25 — 007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 17.80 AND 22.130 OF THE SPOKANE VALLEY MCTNICIPAL CODE RELATING TO PERMIT REQUIREMENTS FOR USE OF RIGHTS -OF -WAY, AND OTHER MATTERS RELATED THERETO WHEREAS, pursuant to Article XI, section 11 of the Washington State Constitution, and RCW 35A.11.020, the City has authority to manage and regulate the rights -of -way so as to preserve the traveled way for the traveling public; and WHEREAS, the City currently issues right-of-way permits pursuant to chapter 22.130 SVMC "Development Transportation Improvements"; and WHEREAS, regulating right-of-way permits via the development regulations has resulted in challenges for applicants, permittees, and staff; and WHEREAS, right-of-way permits, as licenses to conduct activity or work within the right-of-way are not development regulations related to the use of private property; and WHEREAS, removing the right-of-way permitting procedure from chapter 22.130 SVMC, and amending chapter 17.80 SVMC to remove exemption language that has caused confusion among right-of- way permit applicants in particular will result in clarification of the City's process and permitting requirements; and WHEREAS, in conjunction with this Ordinance 25-007, the City Council will consider adopting updated permitting and enforcement procedures for use of the right-of-way pursuant to Ordinance 25-008; and WHEREAS, the City of Spokane Valley Planning Commission held a study session to consider CTA-2024-0002 related to the amendments to chapter 22.130 and 17.80 SVMC on December 12, 2024; and WHEREAS, on January 24, 2025 the City published in the Valley News Herald notice of a public hearing to occur on February 13, 2025 to consider CTA-2024-0002; and WHEREAS, on February 13, 2025, the Planning Commission held a public hearing, received evidence, information, and a staff report, and conducted deliberations; and WHEREAS, on February 13, 2025, the Planning Commission voted 6-0 to recommend that the City Council approve CTA-2024-0002; and WHEREAS, on February 27, 2025, the Planning Commission voted to approve the findings and recommendations for CTA-2024-0002; and WHEREAS, on April 22, 2025, City Council reviewed the proposed amendments and Commission Findings and Recommendations; and WHEREAS, on May 20, 2025, City Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS, the amendments set forth herein are consistent with the goals and policies of the City's Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 1 of 9 A:_ Comprehensive Plan; and WHEREAS, the amendments to chapters 17.80 and 22.130 SVMC bear a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance 25-007 is to remove the right-of-way permitting process from the City's development regulations, and remove permit exemption language that has cause confusion particularly for right-of-way permit applicants. By separate ordinance, the City Council will consider adopting new right-of-way permit procedures and enforcement mechanisms. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings and conclusions: A. Growth Management Act Policies — Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. The proposed text amendments are consistent with the following goals and policies of the Comprehensive Plan: ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. U-G 1 Coordinate with utility providers to balance cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. T-G3 Strive to reduce the number of serious injury/fatality collisions to zero. T-P2 Consider neighborhood traffic and livability conditions and address potential adverse impacts of public and private projects during the planning, designing, permitting, and construction phases. T-P4 Support voluntary efforts to beautify local and regional transportation corridors. C. The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. Unless exempt, right-of-way permits are required for any person or company performing work or engaging in activity within City rights -of -way. These permits require certain conditions to ensure public safety and welfare including traffic control plans, insurance, and adherence to pavement cut policies. Relocating right-of-way permit procedures to Title 9 ultimately ensures these regulations are catalogued appropriately, and that right-of-way permit procedures and requirements are not confused with the procedures and requirements of Type I land use and development permits. The City will continue to provide superior and efficient service to the public by processing these permits within days of receipt. Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 2 of 9 DRAFT D. Conclusions. The proposed text amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. The proposed code text amendment to chapters 17.80 and 22.130 SVMC, clarifying that right-of-way permits are not subject to the procedures and requirements of Type I land use and development permits, clarifying when permits are required, and other matters related thereto is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Section 3. Amending chapter 17.80 SVMC. Chapter 17.80 SVMC is hereby amended to read as follows: 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1— Permit Type and Land Use Application Type Land Use and Development Application SVi\1C Cross -Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type I Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.030 Right of way pe 22.130.100 Site plan review 19.130 Small cell permit 22.121; 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) 20.60 Type II Binding site plan — preliminary and final 20.50 Emergency shelter and emergency housing 19.45 Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 3 of 9 0:_ Type Land Use and Development Application SVMC Cross -Reference Minor alterations — preliminary subdivisions 20.50 Permanent supportive housing 19.45 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development pennit 21.50 Shoreline variance 21.50 Short subdivision — preliminary and final 20.30, 20.40 Transitional housing 19.45 Transitional parking programs 19.45 Vacation — short subdivisions and binding site plans where there is no vacation of an area designated or dedicated for public use 20.70 Wireless communication facilities 22.120 Alterations — final subdivisions (where a public hearing is requested) 20.50 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) 20.60 Type III Conditional use permits 19.150 Subdivisions — preliminary 20.30 Substantial alterations — preliminary subdivisions 20.50 Vacation — subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use 20.70 Variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Type IV Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions. Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 4 of 9 DRAFT D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1.'Emergency repair public or private buildings, structures, landscaping, or utilities. 2. A change of any legally established use is exempt, unless the change of use requires: a. An increase in the number of parking spaces provided; b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits; c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. 5. On -site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review provided that the interior alterations do not result in the following: (a) Additional sleeping quarters or bedrooms; (b) Nonconformity with federal emergency management agency substantial improvement thresholds; or (c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. Section 3. Amending chapter 22.130 SVMC. Chapter 22.130 SVMC is hereby amended as follows: Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 5 of 9 DRAFT 22.130.070 Required improvements. A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of Chapter 22.130 SVMC, the city manager or designee shall determine the extent and type of street improvements and right- of-way/border easement dedications to the extent allowed by the law, and pursuant to the following: 1. The Comprehensive Plan; 2. The arterial street map; 3. The street standards (SVMC 22.130.040); 4. The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050; 5 The local scree 4anThe City of Spokane Valley Transportation Improvement Plan; 6. Information submitted by the applicant including any preliminary site plans, engineering reports, or other relevant data; 7. A determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and 8. Portions of the uniform development code, SVMC Titles 17 through 25, that specifically identify required future roadways, streets, or other rights -of -way. B. Requirements may include but are not limited to: 1. The extent and type of required street improvements pursuant to SVMC 22.130.040; 2. The extent of additional and/or new right-of-way and/or border easement needed to support the required improvements pursuant to SVMC 22.130.040; 3. Participation in capital improvement projects as included on the adopted six -year street improvej planTransportation Improvement Plan. 4. Participation in transportation impact fee areas pursuant to chapter 22.100 SVMC, 22.130.080 Future acquisition areas. Repealed by Ord. 18-003. 22.130.090 Conditional use permit. Revealed by Ord. 25-007 ............... »....,.1 — — _ ......,, ..... ..... r... ... »rr.., . ».,, ».... r...... .., ... - b. »... »... .. ».,., r........, .,..».., allowed, the provisions for- and the COHditiOnS Of thO PeFfflit, timing of removal, >Fellfloval OF installation. 22.130.100 Right-of-way permit and use requirements. Revealed bi, Ord. 25-007 . A. Rielir of Wav ._.1»......._.....,»..b...... ..»J Y....... ...... y».._.-_. »..J Y_..,.,.. .,. _.....Y»..J ...... Y_.......... _.....,.. .._...... .._... _. existingotherwise engages in activity within City Fights right or on Gity owned right easement. Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 6 of 9 DRAFT Vlork that is twe hours or less in does duration, as long as lanes that wofli does not require does t e closure of inere than 50 involve excavation withi pereent of the a nonarterial does street, involve not close an), on an atlerial street, not oF rights2. E)f not cutting or placement of pavement, sidewalks, curbs gutters. done in in the the SVP4C I-al.A.'s, A-rd-in.-nees or standards of this any manner sdict•n �m-rxvrr' Expiration. violation Right of provisions issued between of April ist oF any Other September 30th foF 30 days after th issuance,B. date of way pennits day and are valid of > ayy-,h 11 of shall G. Enaef!geney he valid until Repairs. in the the F 11o.uing extension April available.Right 30th ease of an the ei b for the 4 8 hours after a pennit, wer-k is eoinineneed Right Way pmvided or on the Perinit Applieation. per -son first City responsible business No followingobtaining day wodc obtains a eenstruetion said elapsed 4 8 how permit within period. of rightD. eentain the following: shall, at a e 1• Conotmetion plans or drawings ., ., ,ed hthe City, if reguire• .l f if the than 50 the closes any lanes on plan, work eleses more percent of nonarterial street, or an arterial street; od of time 3• durins, ...hinh the of .,,..y he ohotrunte.l• an.1 � period b right will 4. Proof f ps of the and all Depending DRAFT facilities,suitable detours can be provided and the public will not be unnecessarily ineonvenieneed. The per-mittee shall furnish such as bridges means, or clearly identify appFepr-iate detours, to allow-the4low-af traffic without unnecessaFy eengestion. the existing City rights of 1. Traffie Control. Any person or- eempany that perfonns construetion work or otheFwise engages in aetivit), Within or on City ovffled- infir-astructure, is responsible for- all traffiG control and assumes the responsibility to maintain appropriate b > nals and bw-ieades that proterat the public > in aeoordance yl,oth thp. MI JTGP. The person or eempany shall provide for the safe aperation of all equipment, vehicles an persons within the right of. j. Damage All e to Existing b existing repair shall eenfor-in to adopted Gity standaMs. if the pemAittee fails to furnish the neeessai-y labor and mateFials fo sueh the pFogFess of the eenstruction work or activity shall be repair-ed by the perinit*e. Methods and inater;als feF such against the City shall have the autherity to eause said neoessary labOF and mater-ials to be furnished by the Gity and the cost shall be charged pertnittee. Sueh b e shall be immediately paid by the pefmittee an hall if not paid on demand he deemed a valid plain, on the bond filed with the Cit.. K. e originals Right to Restore Right of Way and Easements. if the pennittee fails to restore any City right of way EN easement to its Fightfail to complete the Fight of way eenstruetion woFk covered by such permit or if the work of the per-mittee is - defective and the defect is discovered within one yeaf! firom the completion of the right of way censtruGtion wor-ki the City or designee shall have the right to do all weFk and things neeessafy to Festore the easement and tocomplete the right of way n n«trnetion . or E fees,The pennittee shall be liable for all costs and expenses of restoration or- completion. The City shall have a Gause of expenses and amounts Following rights - pursuant the C45, may enforGe its b duringbeen paid. L. insuFanee Evidence. The pemittee, pf!ior- to the eommeneement of construction hereunder, shall fumish the City satisfaetej-y evidenee in writing that the permittee has in force, activity, the performanee of the construction work or commereial geneml liability insurance> f000 er- occufrenee and f aggregate defend,name the City as an addition -A] narnedd insuired. The Gity m 1 .1 1 n 84-imanee limit-s if good eause exists. M. indeninification and Hold Harmless. The perinittee shall indemnif�, and hold hanWess the City, officers, its inGludiRg officials,employees and volunteers from any and all > f b f losses or- suits, attorney fees, b out of the negligence 100 except as may be eaused by the or willful n nduet on the part of the City. N. Rules and Poky. To implement the i-ight of way pennit and pf:ovide for- the publie health and sa",, the , rules,under the superwision of the city manager, may develop and adopt 22 1 30 Inn All adopted lei lieie� and forms hall he file.l . •th the eit., elerL cz.-i �vicac.-rim-rcic�-unm-vrn-rT�:n'trrvcznca�o ....J .. ,... violatingO.Violations Penalties. Any person the PFOViSiOBS of SVMC 22.130.100 shall be subject to all nF rnement actions and penalties pursuant to Chapter- 17. 100 SVN4G. Section 4. Other sections unchanged. All other provisions of chapters 17.80 and 22.130 SVMC not specifically referenced herein shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should 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. Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 8 of 9 DRAFT Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of , 2025. Mayor, Pam Haley ATTEST: Marci Patterson, City Clerk Approved As To Form: Kelly Konkright, City Attorney Date of Publication: Effective Ordinance 25-007 CTA-2024-0002 Right -of -Way Permits Page 9 of 9 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2024-0002 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: I. Right-of-way permits allow members of the public to temporarily obstruct right-of-way with necessary conditions to protect the City and traveling public. 2. Rigbt-of way permits are distinct from land use development regulations in that they regulate the use of the public right-of-way, not private property, and thus are not properly categorized as Type I permits. 3. These permits are regularly issued to commercial businesses, and utilities who do work in the right -of way, which necessarily requires temporary impediments to the traveling public. 4. In the past, the City has received challenges related to right-of-way permits by entities that believed they were exempt from the regulations due to language cited in SVMC 17.80.040 related to "normal" repairs and maintenance. 5. In order to make it clear that these permits are not Type I permits subject to the procedures of chapter 17.80 SVMC, and to remove any confusions surrounding the term "normal" repair and maintenance, the City -initiated code text amendment modifies chapters 22.130 and 17.80 SVMC. 6. In conjunction with CTA-2024-0002 City staff will bring forward proposed amendments to right-of- way permits as a separate ordinance for City Council consideration, which will relocate the permit procedures to a more proper SVMC Title. 7. The Planning Commission held a properly noticed public hearing and conducted deliberations on February 13, 2025. The Commissioners voted 5-0 to recommend that the City Council approve CTA- 2024-0002. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable p1•ovisions of the Comprehensive P1011, Findings: The proposed amendment is consistent with the following goals and policies of Comprehensive Plan: ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. U-GI Coordinate with utility providers to balance cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. T-G3 Strive to reduce the number of serious injury/fatality collisions to zero. T-P2 Consider neighborhood traffic and livability conditions and address potential adverse impacts of public and private projects during the planning, designing, permitting, and construction phases. T-P4 Support voluntary efforts to beautify local and regional transportation corridors. Conclusion: Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0002 Page r of 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION The proposed text amendment is consistent with the goals and policies of the Comprehensive Plan. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. Unless exempt, right-of-way permits are required for any person or company performing work or engaging in activity within City ROW. These permits require certain conditions to ensure public safety and welfare including traffic control plans, insurance, and adherence to pavement cut policies. Relocating right-of-way permit procedures to Title 9 or 7 SVMC ultimately ensures these regulations are catalogued appropriately, and that right-of-way permit procedures and requirements are not confused with the procedures and requirements of Type I land use and development permits. The City will continue to provide superior and efficient service to the public by processing these permits within days of receipt. Conclusion: The proposed text amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. The proposed code text amendment to chapters 17.80 and 22.130 SVMC, clarifying that right-of-way permits are not subject to the procedures and requirements of Type I land use and development permits, clarifying when permits are required, and other matters related thereto is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. 2. Recommendation: For the reasons stated above the Spokane Valley Planning Commission recommends that the City Council approve CTA-2024-0002 with the recommended change to section 17.800.100.B. Attachment: Exhibit 1— Proposed Amendment CTA-2024-0002 Approved this 27" i day of February 2025 r Planning Commission Chair ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0002 Page 2 of M C� W O O O LO �■■� N oa CL � � O L N 0 r Q) m ._ 0 0 IL.cy) c� U � � v v U om� Lo N N ■� ■� U oN LM CU 4— L (n � L >+ W � U N QL O U O cn := O = coL cn Q -0 E Co cn i�-- O cn o o o � U �U cn U N _cn co U cn }' � �' U EF - O O Q U) U O co -" CoU N� _ U 0 " C/) `� 21) Co o o o U V a tf L U N o E � O Q c E L O � .L O> O O QL O c_n N cr -0 N N �, O O �= L NE � O N L 3: 4 cn +� Q N OC: U U � cn � >+ L O O O co L a)cB % Q co U O ID,CDL cn U ......................................................................' 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W W � J > O Q N 0 � /1 0 Cl) a U CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 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: First Reading Ordinance 25-008 Right -of -Way Permit Update GOVERNING LEGISLATION: Chapters 7.05, 17.80 and 22.130 SVMC PREVIOUS COUNCIL ACTION TAKEN: • April 22, 2025, Administrative report for the right-of-way permit updates. BACKGROUND: Ordinance 25-007 The purpose of right-of-way permits is to prevent unlicensed obstruction and use of the right-of- way that impedes the traveling public, and to ensure applicants bear the responsibility for damage caused by their activity. Pursuant to chapters 17.80 and 22.130 SVMC, the City has classified right-of-way permits as Type I land use permits. In reality, right-of-way permits are distinct from other permits listed in table 17.80-1 as they are for management of the City's rights -of -way, easements, and other public properties held in trust by the City for the public. Thus, the City staff are recommending removing right-of-way permitting procedures from the development regulations. Relatedly, SVMC 17.80.040(A)(1) contains ambiguous language seemingly exempting "normal" repair and maintenance which has led to past challenges when processing right-of-way permits. While conducting work that clearly impedes the traveling public, and requires a permit, some entities have argued they are exempt from permit requirements because they are conducting "normal" maintenance or repair. Because of this, and other potential confusion with this subsection, the City is recommending removing the exemption for normal repair and maintenance. In total, CTA 2024-0002 would repeal SVMC 22.130.100 in its entirety, and update references in chapter 22.130, as well as remove the potential ambiguity within chapter 17.80 SVMC. CTA-2024-0002 was presented to the Planning Commission on December 12, 2024 and a public hearing was conducted on February 13, 2025. The Findings of Fact were approved on February 27, 2025 without opposition. Ordinance 25-008 Codifying right-of-way permit procedures in Title 9 related to Vehicles and Traffic provides clarity to the public that these types of permits are not land use or development regulations. Therefore, in conjunction with CTA-2024-0002, staff are recommending City Council adopt a new chapter 9.50 SVMC, updating and codifying the City's right-of-way permit procedures. The new chapter 9.50 SVMC would replace SVMC 22.130.100. The repeal and relocation of the right-of-way permit procedure necessitates a specific addition to the nuisance provisions of SVMC 7.05.040 related to prohibiting objects in the right-of-way. These changes provide a clearer path for enforcement of unpermitted right-of-way activity. Minor adjustments to the draft language since the administrative report include ensuring certain activity within City stormwater facilities and swales are not exempted from permitting requirements, further clarifying that working without a permit is a nuisance, and clarifying that parties conducting unpermitted work are still required to obtain a permit — the cost of which is double the cost of the required permit. OPTIONS: Advance Ordinance number 25-008 to a second reading; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to advance Ordinance Number 25-008 adopting new chapter 9.50 SVMC and amending chapter 7.05 SVMC related to updating right-of- way permit procedures and enforcement to a second reading. BUDGET/FINANCIAL IMPACTS: There is no anticipated financial impact. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney Jerremy Clark, Traffic Engineering Manager Jenny Nickerson, Building Official ATTACHMENTS: • Draft Ordinance 25-008 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25 — 008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING SECTION 7.05.040 AND ADOPTING CHAPTER 9.50 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO REGULATING RIGHTS -OF -WAY THROUGH PERMITTING AND ENFORCEMENT PROCEDURES, AND OTHER MATTERS RELATED THERETO. WHEREAS, pursuant to Article XI, section 11 of the Washington State Constitution, and RCW 35A.11.020, the City has authority to manage and regulate the rights -of -way so as to preserve the traveled way for the traveling public; and WHEREAS, the City currently issues right-of-way permits pursuant to chapter 22.130 SVMC "Development Transportation Improvements"; and WHEREAS, regulating right-of-way permits via the development regulations has resulted in challenges for applicants, permittees, and staff, and WHEREAS, right-of-way permits, as licenses to conduct activity or work within the rights -of -way are not development regulations related to the use of private property; and WHEREAS, this Ordinance 25-008, updates permitting and enforcement procedures for use of the rights -of -way; and WHEREAS, in conjunction with this Ordinance 25-008, the City Council is considering Ordinance 25-007 related to CTA 2024-0002, which proposes removing the right-of-way permitting procedure from chapter 22.130 SVMC to Title 9 SVMC; and WHEREAS, on April 22, 2025, the City Council held an administrative report to consider the adoption of new chapter 9.50 SVMC and amendments to SVMC 7.07.040; and WHEREAS, on May 20, 2025, the City Council considered a first ordinance reading to adopt the proposed amendments. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. RMose. The purpose of this Ordinance 25-008 is to adopt chapter 9.50 of the Spokane Valley Municipal Code ("SVMC") and amend SVMC 7.05.040 both relating to the regulation of rights -of -way through permitting and enforcement procedures. Section 2. Amending SVMC 7.05.040. SVMC 7.05.040 is hereby amended to read as follows: 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the City including on the property of any person, firm, or entity or upon any public rights -of -way abutting a person's, firm's, or entity's property. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 1 of 10 DRAFT the free and full use of any public walkway, sidewalk, or street; or violate City clear view triangle regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk, or street. 2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the SVMC (including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Accumulations of dirt or debris not removed from a public sidewalk. D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery. 1. Building and Construction Materials. Any accumulation, stack, or pile of building or construction materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated with a current, in -progress project and not in a lawful storage structure or container. This provision does not apply to a designated contractor's yard. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight -fitting lid. b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or dead vegetation (excluding properly maintained residential compost piles). 3. Furniture, Appliances, Furnishings, and Equipment. a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved enclosed structure. b. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4) shall include such machinery and equipment as vessels, boats, jet -skis, snowmobiles, aircraft, golf carts, and the like, but shall not include junk vehicles, which are regulated pursuant to SVMC 7.05.040(N). E. Fire Hazards. Any stack or accumulation of newspapers, dead vegetation (excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic substances or materials. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 2 of 10 DRAFT G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. H. Bodies of Water. 1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any City - approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of another federal, state, county, special purpose district or city agency. 1. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. K. Noise. 1. Any noise or sound that, originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off - highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1): a. Normal use of public rights -of -way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 3 of 10 DRAFT 1. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; in. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace, comfort, or repose of a reasonable person. This provision does not include permitted agricultural activities. M. Yard Sales. The holding or permitting of either: 1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two consecutive weekends; or 2. More than three separate yard sale events in one calendar year. The prohibition under SVMC 7.05.040(M) shall only apply to dwellings, including but not limited to single-family, multifamily, and duplex dwellings. N. Junk Vehicles and Unlicensed Vehicles. All junk vehicles and unlicensed vehicles, or parts thereof, placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(N) does not apply to: Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 4 of 10 DRAFT 1. Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not visible from the street or other public or private property; 2. Any vehicle or part thereof that is stored or parked in a lawful manner at a (a) licensed vehicle dismantler or licensed vehicle dealer business, and the property is fenced pursuant to RCW 46.80.130, or (b) legally established vehicle repair business. 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in SVMC 7.05.040. Good faith efforts of repair may include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the city manager or designee shall have the discretion to grant one additional 60-day exception period pursuant to SVMC 7.05.040(N). Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land in any consecutive 12-month period; 4. There shall be allowed as exceptions to SVMC 7.05.040(N) up to one junk vehicle or unlicensed vehicle in R-1, R-2, R-3, and R-4 zones, so long as it is completely sight -screened by maintained landscaping, a maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted SVMC landscaping, berm, or fencing requirements pursuant to Chapter 22.70 SVMC. O. Graffiti. Any graffiti on public or private property. P. Development Code Violations. Any violation pursuant to SVMC Titles 19, 20, 21, 22, 23, 24, and/or 25. (Ord. 23-019 § 2, 2023; Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 17-010 § 1, 2017; Ord. 17-004 § 3, 2017; Ord. 12-026 § 3, 2012; Ord. 08-024 § 2, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 3, 2005; Ord. 04-038 § 3, 2004; Ord. 03-083 § 4, 2003). Q. Camping on Private Property 1. Except as otherwise provided herein, it shall be a public nuisance to camp on private property. 2. Camping" or "camping" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. 3. "Camp facilities" has the same meaning as defined in SVMC 7.50.015. 4. "Camp paraphernalia" has the same meaning as defined in SVMC 7.50.015. 5. If the City obtains an order of abatement due to unlawful camping on private property, then prior to and in connection with removing personal property from the private real property, the City must comply with the procedures identified in SVMC 7.50.030(B)(1) — (2). 6. SVMC 7.05.040(Q) does not apply to: a. Legally established campgrounds and RV parks. b. Temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. c. Camping on property without a legally established habitable residence where (i) the property owner is among those camping, and (ii) such camping does not exceed 14 days in a calendar year. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 5 of 10 DRAFT d. Camping on property with a legally established habitable residence, but only if and while (i) a property owner, lessee, or tenant of the property is physically present, (ii) said owner, lessee, or tenant gives express consent for such camping, and (iii) no nuisance conditions or activity is present on or emanating from the property. Contiguous parcels under common ownership shall be considered one parcel for purposes of enforcing this subsection. 7. Beginning in the year 2026, staff shall provide the Spokane Valley City Council with a written report during the first fiscal quarter of each year. This report shall identify (a) the number of complaints the City received during the preceding calendar year alleging prohibited camping on private property, (b) the number of private property camping violations City staff determined had occurred, and (c) a summary of the City's enforcement efforts. The report shall separately identify complaints and violations of subsections 6.b, 6.c, and 6.d above. R. Objects in Right -of -Way. 1. Right-of-way obstructions. Any object, construction, placement of material, or accumulation of material that inhibits or obstructs the use of a public right-of-way including, but not limited to, landscape materials, equipment, machinery, portable toilets, storage containers, shopping carts, refuse containers, and signs. SVMC 7.05.040(R) does not include objects, obstructions, or use of the public right of way for official purposes authorized by the City of Spokane Valley or where a valid right-of-way or other permit has been issued that specifically allows for the obstruction. 2. Abandoned Property in right-of-way. a. Persons owning or occupying property that abuts any public right-of-way shall not allow any abandoned property to remain on their property or in the public right-of-way adjacent to their property line. b. Except for vehicles and licensed trailers, all property placed in the public right-of-way, including but not limited to any personal and household items, furniture, appliances, machinery, equipment, building materials, or other items, shall be deemed abandoned and a public nuisance in violation of this chapter after being in the right-of-way for 48 hours. This includes, but is not limited to all property left in the public right-of-way for more than 48 hours because of an eviction or a forcible entry and detainer or unlawful detainer action. 3. Failure to obtain, or adhere to the terms of, a right-of-way permit pursuant to chapter 9.50 SVMC, or any other violation of chapter 9.50 SVMC. Section 3. Adopting new chapter 9.50 SVMC. Chapter 9.50 SVMC is hereby adopted as follows: 9.50.010 Right -of -Way Permit Applicability 9.50.020 Expiration 9.50.030 Emergency Repairs 9.50.040 Right -of -Way Permit Application 9.50.050 Right -of -Way Permit Fees 9.50.060 Application Process 9.50.070 Construction Standards 9.50.080 Maintaining Access 9.50.090 Traffic Control 9.50.100 Damage to Existing Infrastructure 9.50.110 City's Right to Restore Right -of -Way and Easements 9.50.120 Insurance — Evidence 9.50.130 Indemnification and Hold Harmless 9.50.140 Rules and Policy 9.50.150 Violations — Penalties 9.50.160 Liability 9.50.010 Right -of -Way Permit Applicability. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 6 of 10 DRAFT Unless exempt under (1), (2), or (3) herein, a right-of-way permit is required of any person or entity who performs construction work or otherwise engages in activity that creates an obstruction within existing City rights -of -way, easements, or other City -owned property reserved for the travelling public. A right-of-way permit authorizes a permittee to perform work or conduct activity in a right-of-way, easement, or other City owned property reserved for the travelling public. Permits shall not be required for the following: 1. Work done by or for the City within its rights -of -way, easement, and/or City owned property. 2. Work that is two hours or less in duration, and (a) maintains 10 feet of travel width in each direction on a nonarterial street, (b) does not close any lanes on an arterial street, (c) does not involve excavation within the rights -of -way, and (d) does not involve cutting or placement of pavement, sidewalks, curbs or gutters. 3. Owner or tenant provided maintenance of residential landscaping, provided that all work remains outside of the roadway. For the purposes of this section SVMC 9.50.010(3), maintenance of residential landscaping does not include placement of any object including but not limited to any structure, building, plant, vegetation, landscaping material, or tree within the right-of-way. All such objects shall be deemed nuisances and subject to enforcement pursuant to chapter 7.05 SVMC. 9.50.020 Expiration. Right-of-way permits issued between April 1 st and September 30th are valid for 30 days after the date of issuance, with a one -rime 30-day extension available. Right-of-way permits issued between October 1 st and March 31 st shall be valid until the following April 30thwith one or more 30-day extensions or to a date determined by City Engineer. 9.50.030. Emergency Repairs. In the case of an emergency repair, a private or public utility may commence work prior to obtaining a permit, provided the person responsible for the work obtains a construction and right-of-way permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period. 9.50.040 Right -of -Way Permit Application. A. No right-of-way permit shall be issued unless a written application is submitted and approved by the City. The application shall, at a minimum, contain the following: 1. Construction plans or drawings approved by the City, if required; 2. A traffic control plan;3. The period of time during which the right-of-way will be obstructed; 4. Proof that the contractor's and all subcontractors' meet state and City licensing requirements; and 5. Insurance policies for the contractor(s) and subcontractor(s) pursuant to SVMC 9.50.120. B. Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans prepared by a Washington -licensed engineer at the applicant's sole cost and expense. 9.50.050 Right -of -Way Permit Fees. Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. In addition to any other penalty, fee, or claim authorized by law, any party responsible for work or other activities for which a permit is required pursuant to this chapter but not obtained prior to the work or activity, shall be required to obtain the necessary permit, the cost of which shall be double the cost of the necessary permit in accordance with the currently adopted Spokane Valley master fee schedule. 9.50.060 Application Process. Applications shall be submitted not less than three (3) business days before any work or activity is planned to commence. The City shall not be responsible for any delays in issuance of a permit for any reason including but not limited to the application missing information, the complexity of the project, staffing levels, the extent of traffic control, or traffic control conflicts. The City encourages applicants to submit complete applications as soon as possible. Applicant shall notify the City 48 hours in advance of work commencing in the City -owned right-of-way, Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 7 of 10 DRAFT easements, or City -owned properties. Applicant shall notify the City within 1 business day of the completion of work contemplated by the subject permit. Construction notification signage shall be required for permitted work durations longer than 6 days and shall identify project contractor and contact information in accordance with Spokane Valley Street Standards Chapter 9.7.1. 9.50.070 Construction Standards. All work within the City rights -of -way, easements, or on City -owned property shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to the Spokane Valley street standards; the Spokane Regional Stormwater Manual; the Inland Northwest Regional Pavement Cut Policy; the State of Washington adopted Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA). 9.50.080 Maintaining Access. In the event it is necessary to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion. 9.50.090 Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing City rights -of -way, or on City -owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the State of Washington adopted MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way. Any person setting up or maintaining traffic control devices is required to have a valid traffic control flagger card from the state of Washington or as otherwise allowed pursuant to WAC 296-155-305(6). 9.50.100 Damage to Existing Infrastructure. All damage to existing public or private infrastructure and/or property during the progress of the construction work or activity shall be the responsibility of the permittee or in the case where no permit was issued, the responsible party. Methods and materials for such repair shall conform to adopted City standards. If the permittee or responsible party fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee or responsible party. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the permittee's bond filed with the City. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.110 City's Right to Restore Right -of -Way and Easements. A. If the permittee fails to restore any City right-of-way, easement, or City -owned property to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within three years from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right-of- way construction work. B. The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights provided under this section by commencing a court action or pursuant to chapter 17.100 SVMC. No additional permits shall be granted until the invoice for City -performed work has been paid. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.120 Insurance — Evidence. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 8 of 10 DRAFT Prior to the commencement of work within the right-of-way, the applicant shall furnish the City satisfactory evidence in writing that the persons and/or entities performing the work have in force, during the performance of the construction work or activity, commercial general liability insurance of not less than $2,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. The City may increase the amount of insurance coverage for larger jobs as necessary to protect the interest of the public. In addition, the policy shall name the City as an additional named insured. The City may reduce or remove the insurance limits if good cause exists, such as for residential landscaping completed by the owner or tenant. 9.50.130 Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under this chapter except as may be caused by the sole negligence or willful conduct on the part of the City. However, should a court of competent jurisdiction determine that indemnity provision is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the permittee and the City, its officers, officials, employees, and volunteers, the permittee's liability hereunder shall be only to the extent of the permittee's negligence. 9.50.140 Rules and Policy. To implement the provisions of this chapter and provide for the public health and safety, the City, under the supervision of the city manager or designee, may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk. 9.50.150 Violations — Penalties. A violation of this chapter constitutes a nuisance and is subject to all enforcement actions and penalties pursuant to Chapter 17.100 SVMC. This section in no way limits the authority of law enforcement to enforce parking prohibitions and/or traffic laws. Further, nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.160 Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of chapter 9.50 SVMC shall rest with the permit applicant and their agents, or the responsible party of unpermitted work. Chapter 9.50 SVMC and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 4. Other sections unchanged. All other provisions of Title 9 SVMC and SVMC 7.05.040 no specifically referenced herein shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should 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 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of 12025. Mayor, Pam Haley ATTEST: Marci Patterson, City Clerk Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 9 of 10 DRAFT Approved As To Form: Kelly Konkright, City Attorney Date of Publication: Effective Date: Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 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 — Pines Road/BNSF Grade Separation Project — HDR Construction Management Agreement Supplement 1 GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • May 7, 2013: Administrative report, Bridging the Valley, • June 23, 2015: Council passed Resolution No. 15-005 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included the project • January 10, 2017: Motion consideration to acquire Pinecroft property • February 28, 2017: Council passed Resolution 17-006, amending the 2017 TIP which included the project • March 28, 2017: Administrative report seeking Council consensus to move forward with project design • May 23, 2017: Resolution No. 17-011 adopting the 2018-2023 Six -Year TIP, which included the project • July 11, 2017: Motion consideration to select a Consultant for Phase 1 Design • October 17, 2017: Admin Report on Design Alternatives • March 27, 2018: Motion consideration to apply for Spokane Regional Transportation Council's (SRTC) federal grants, including the project • May 22, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2017, (CRISI #1) grant for the project • June 5, 2018: Motion consideration to apply for Better Utilizing Investments to Leverage Development (BUILD) grant • August 21, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2018, (CRISI #2) grant • December 4, 2018: Admin Report on Design Alternatives • June 4, 2019: Admin Report on Design Alternatives • June 4, 2019: Motion consideration to apply for BUILD grant • June 18, 2019: Motion consideration to advance Alternative 2 to Phase 2 design • April 14, 2020: Motion consideration to apply for BUILD grant • May 5, 2020: Motion consideration to authorize City Manager to execute design agreement with HDR • July 7, 2020: Motion consideration to authorize City Manager to acquire the DeWitt Living Trust property • July 7, 2020: Motion consideration to authorize City Manager to acquire the DeRuwe property • April 12, 2022: Motion consideration to authorize City Manager to accept Avista Property Donation • July 18, 2023: Admin Report for Project Update • August 22, 2023: Motion consideration for Final Action Ordinance for Condemnation • February 6, 2024: Admin Report for Project Update • February 20, 2024: Admin Report for CIP 2024 Construction Projects • April 16, 2024: Motion consideration to authorize City Manager to execute Yellowstone Pipeline Reimbursement Agreement • September 24,2024: Motion consideration to authorize City Manager to execute BNSF Construction Management Agreement • February 18, 2025: Admin Report for 2025 Capital Improvement Projects • April 8, 2025: Admin Report on staffing update included staffing needs for this project • April 15, 2025: Motion Consideration on staffing including staffing needs for this project BACKGROUND: The Pines Road/BNSF grade separation project will grade separate the BNSF tracks from Pines Road (SR-27) by constructing an underpass (Phase 1) and realign Pines Road (SR-27) to the east, replace the signalized intersection of Pines Road (SR-27) and Trent Avenue (SR-290) with a multi -lane roundabout, and construct a new trailhead for the users of the Centennial Trail (Phase 2). This is the largest project the city has delivered to date with extensive federal paperwork requirements. Construction began on the Pines Road/BNSF grade separation project in February 2025. The Phase 1 construction agreement supporting this construction was also negotiated and executed in February 2025. Final preparation is underway to advertise Phase 2 of the project with a goal of a summer 2025 construction start. Staff have negotiated a contract amendment that covers the construction management services needed. The amendment scope and fee has been agreed upon and is now brought forth to City Council for consideration. OPTIONS: 1) Authorize the City Manager to execute an contract amendment with HDR for construction management services, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to allow the City Manager to finalize and execute the construction management services contract amendment with HDR in an amount not to exceed $1,999,376.13 for the amendment or $2,346,515.36 for the total contract, in substantially the form of the attached amendment. BUDGET/FINANCIAL IMPACTS: The project is fully funded with a combination of local, state and federal funds. The total project budget is approximately $48 Million. There are sufficient funds in the project to cover the costs of this agreement. STAFF CONTACT: Erica Amsden, PE — CIP Engineering Manager Robert Blegen, PE — Public Works Director ATTACHMENTS: HDR Construction Management Amendment HDR Construction Management Contract Exhibit CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND HDR ENGINEERING, INC. Spokane Valley Contract #_24-210.01 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the HDR ENGINEERING, INC. mutually agree as follows: 1. Purpose: This Amendment is for the Contract for HDR Engineering, Inc. (HDR) and its Construction Engineering & Inspection team members providing construction management, BNSF coordination, and public outreach services for the Pines Road/ BNSF Grade Separation project by and between the Parties, executed by the Parties on February 1 lth, 2025. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment 91 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount February 1 lth, 2025 $ 347,139.23 Amendment 41 May 12025 $1,999,376.13 Total Amended Compensation $2,346,515.36 The parties have executed this Amendment to the Original Contract this day of May, 2025. CITY OF SPOKANE VALLEY: HDR ENGINEERING, INC.: John Hohman By: Olivia Williams, Vice President City Manager Its: Authorized Representative APPROVED AS TO FORM: Office of the City Attorney APPENDIX "A" 1. Paragraph 2 "Term of Contract" is amended to state the following: This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2027, unless the time for performance is extended in writing by the Parties. 2. Paragraph 3 "Compensation" of the Original Contract is hereby amended to change the total compensation paid from $347,139.23, to $2,346,515.36. Paragraph 3 of the Original Contract is amended to read as follows: City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $2,346,515.36 as full compensation for everything done under this agreement, at the hourly rates and up to the amounts set forth in Exhibit B for work completed related to Exhibit A, and as set forth in Exhibit B Supplement for work completed related to Exhibit A Supplement. Consultant shall not perform any extra, further, or additional sevices for which itwill request additional compensation from City without prior written agreement for such services and payment therefore. 3. The Scope of Services, "Exhibit A" of the Original Contract, is hereby amended to include the additional tasks and/or services as described in the attached "Exhibit A Supplement" to this Appendix A. 4. The Fee Proposal, "Exhibit B" of the Original Contract, is hereby amended to include the attached fee proposal tables in the "Exhibit B Supplement" attached to this Appendix A for purposes of completing the additional tasks and/or services as describsed in the aforementioned Exhibit A Supplement. 5. The DBE Participation Plan (Exhibit H) is replaced with the attached "Exhibit H-1" attached to this Appendix A. 2 iuh inc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 Exhibit A Supplement 2025 - 2026 Scope of Services Pines Road/ BNSF Grade Separation Capital Improvements Program No. 0223 FRA PROJECT: FR-RLD-2002; AG No. 69A36524420020RLDWA City Agreement No. 24-210 Amendment 1 The Phase 1 scope of services are included in Exhibit A to the Original Contract. The Parties agree that the Consultant shall continue its services under Exhibit A to the Original Contract. The services and/or tasks in this Exhibit A Supplement are in addition to Exhibit A of the Original Contract, and are for the administration of the contract for the construction of the roadway portion of the project, which the City anticipates bidding between May and July. The following services and/or tasks shall be completed in addition to and concurrently with the services and/or tasks listed in Exhibit A to the Original Contract: CE&I Team • HDR will provide construction management, documentation, lead inspection, and inspection. • HDR's subcontractor, STRATA, will provide field and laboratory material testing. • HDR's subcontractor, Prima Pacific, will provide schedule review, documentation compliance (including DBE CUF report reviews, certified payrolls checks, request to sublet, force account review as needed up to the estimated weekly hours), and additional documentation support as needed. • HDR's subcontractor, Big Sky, will provide additional public involvement support. • HDR's subcontractor, Widener & Associates, will provide additional BNSF coordination and environmental compliance. • HDR's subcontractor, Simpson Engineers, will provide surveying. General Scope of Services: The CE&I Team will provide qualified staff to perform the scope of services described herein. Services will meet the requirements of the Washington State Department of Transportation (WSDOT) Local Agency Guidelines (LAG), WSDOT Construction Manual, Federal Highway Administration (FHWA), Federal Rail Administration (FRA), Federal compliance standards, WSDOT Standard Specifications, and COSV requirements and will comply with the construction documents including: 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines Rd BNSF Grade Separation Construction ManagementServices —Scope Amendment 1 April 17, 2025 F)� hdrinc.coin • Standard Specifications for Road, Bridge, and Municipal Construction, 2025 edition as issued by WSDOT and the American Public Works Association (APWA), Washington Chapter. • Contract Plans and Specifications including: o Plans sealed by a Professional Engineer o General Special Provisions o Addenda issued prior to bidding • COSV and BNSF executed Construction and Maintenance(C&M) Agreement • FHWA 1273 requirements • Federal Rail Administration (FRA) resources and guidance Key Understandings: • The COSV will provide the Project Manager (PM). The HDR CE&I Team will provide the Resident Engineer (RE), document control specialist, construction inspectors, material testing, environmental compliance, BNSF coordination, public involvement, schedule review, and surveying. • Work will be under the direction of the PM or delegated representative. • The construction contract allows 209 working days to complete the work encompassing construction to be finished in multiple construction seasons with winter shutdown periods anticipated. • It is anticipated that construction activities will start in late July of 2025 (depending on time of contractor bid) and continue for approximately fifteen (15) months. Administration work is anticipated to continue December 2026 for interim close out reviews, and final review and closeout. • Onsite inspection work is not anticipated during the months of December 2025 to March 2026. • The Contractor is anticipated to work a minimum of 50 hours per week. If the Contractor continually exceeds 50 hours per week with night and weekend work, an additional amendment may be required to cover time and costs for the extended work hours. • The Contractor's construction schedule will dictate which services are necessary by the CE&I Team and when they are needed. • CE&I staff will be equipped with a vehicle equipped with an amber rotating/strobe warning beacon; a cellular phone; access to a computer; a camera; and appropriate personal protective equipment for the work being observed. • CE&I staff onsite will have BNSF specific training to be on BNSF property, and eRailSafe training. • CE&I staff will be equipped with a vehicle equipped with an amber rotating/strobe warning beacon; a cellular phone; access to a computer; a camera; and appropriate personal protective equipment for the work being inspected. • The CE&I team will have access to the project site to perform required construction management activities. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 The approved overhead rates may be updated throughout the project. The CE&I team will submit updated approved overhead rate letters to request a change. • The COSV will review and monitor DCMS for the duration of the project. Assumptions for Estimating Contract Hours and Direct Expenses: • The Engineer of record (EOR) is available to periodically visit the project site, review shop drawings, respond to RFIs and provide input on project issues as they arise, at the direction of the COSY. • HDR, as the RE is expected for the duration of the project on a regular part-time basis estimated at twenty-five (25) hours a week. • One records office manager/contract administrator (Prima Pacific) is expected for the duration of the project on a regular part-time basis to review project files, track and file requests for information, review Disadvantaged Business Enterprise (DBE) documentation, contract training requirements, verify certified payrolls, assist in wage rate interviews compliance reviews, and Equal Employment Opportunity (EEO) requirements; estimated at ten (10) hours a week. • One materials controller is expected for the duration of the project on a regular part-time basis to review material submittals, and monitor/track testing and materials documentation files, and update/maintain the Record of Materials (ROM); estimated at twenty (20) hours a week. • One full-time Lead Inspector (HDR) is expected for the duration of the project to provide onsite inspection and documentation. • Two additional full-time inspectors (HDR) are expected for the duration of the project to provide onsite inspection. • Two additional part-time inspectors (HDR) are expected periodically throughout the project to provide onsite inspection (This has been estimated at 4 hours per inspector for 105 days for 420 hours per each part-time inspector; 820 hours total). • Documentation will meet federal, state and city requirements. Documentation includes but is not limited to inspector daily reports, materials verifications, wage rate interviews, DBE interviews, Buy America & BABA Compliance. • Two part-time field testers (STRATA) are expected to work in the field during the construction season to provide field sampling and testing support for concrete (slump, air content, cylinders), soil, aggregate, and asphalt (density); estimated at ten (10) hours a week. • One part-time laboratory tester (STRATA) is expected to work in the laboratory during the construction season to test concrete (compressive strength), soil (proctor), aggregate (sieve, fractured face, etc.), and asphalt (volumetrics). Samples for laboratory testing will be 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 iuh inc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 transported and performed at STRATA's AASHTO-accredited testing laboratory located in Spokane Valley, Washington; estimated at ten (10) hours a week. • Part-time schedule analysis support (Prima Pacific) not to exceed the level of effort identified in this scope (see Task 9 estimates). • Mileage for vehicles will be a direct cost to the project at the federal mileage rate. • The CE&I Team will provide tape measures, measuring wheels, marking equipment, nuclear gauge (STRATA), concrete testing equipment (STRATA), concrete cylinder molds (STRATA), asphalt sampling boxes (STRATA), straight edges, computers, pickups with beacons, smart levels and the tools, equipment, and supplies necessary to evaluate and communicate contract compliance to the contractor and city. • The project has not bid, for estimating purposes assume construction activities begin in late July of 2025 and submittal review to occur prior to construction at the start of Summer of 2025. Submittal review is expected on an as needed basis through project completion, including items associated with the project punch list. • One part-time railroad coordinator (Widener) is expected for the duration of the project; estimated at ten (10) hours a week • One part-time environmental compliance lead (Widener) is expected for the duration of the project and will assist with shoreline mitigation efforts; estimated at five (5) hours a week. • One part-time two -man field crew (Simpson) is expected to provide construction survey checks on major activities during the project construction); see Task 2 for estimates. • Provide remote access to project files via ProjectWise server hosted by HDR. • One part time railroad coordinator (Widener) is expected during the duration of the project to assist in maintaining compliance with BNSF and FRA, and the COSY contractor operation. Personnel and Items to be provided by the COSY: • Project Manager (PM) who will provide project direction, coordinate approval of change orders and monthly pay estimates and provide final copies to the CE&I Team. • Contract plans and specifications. • COSV will review Request for Approval of Materials (RAM) and ROM approvals periodically. • COSV forms to be used during construction. • Access to executed ROW Commitments. • Certified Payrolls pulled from the project LNI website by COSY. Task 1 PROJECT MANAGEMENT (HDR Team) The CE&I Team will provide project management for the duration of the agreement. 1.1 Project Management — The CE&I Team will provide project management of the CE&I scope of work including assigning staff to perform the tasks; track installation and preparing monthly progress reports; provide initial reviews of BNSF invoices; and preparing a Project Guide for HDR internal use summarizing pertinent information regarding the project such as project contact 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 information, emergency contact information, safety guide, and quality control guide.This Amendment adds three (3) additional internal review meetings for a total of four (4) throughout the duration of the project. 1.2 Safety Plan • This amendment adds up to three (3) additional hours to update the project safety plan with added work procedures for the COSV contractor project specific activities and changes of work procedures for the duration of the project. Deliverables • Monthly progress reports. • Inspection Documentation. • Comments and suggestions on overall project status. TASK 2 Surveying (Simpson Engineers/HDR) 2.3 Miscellaneous Construction Verification • Simpson will perform verification of various project features to verify the Contractor's control of work as requested by the CE&I Team with the prior approval from COSV. Assumptions • Estimate up to twenty (20) two (2) hour field visits with a two (2) man field crew to perform verification. TASK 4 BNSF and FRA Compliance 4.2 Material Coordination • The CE&I Team will coordinate with Contractor, COSY, and BNSF to confirm material imported to BNSF right of way meets BNSF standards. If a proposed aggregate source pit is not on the BNSF approval list, the CE&I Team will coordinate with the Contractor for them to obtain proper approvals or find a potential material source. Deliverables: • Hazmat report on up to two (2) unapproved BNSF sources • Sampling and reporting results to BNSF 4.3 Contractor Compliance • The CE&I Team will assist with the coordination of the Contractor, COSV, and BNSF to assist in maintaining Contractor compliance with BNSF and FRA requirements during construction of the project. This will include but is not limited to coordination with the Contractor on insurance requirements, notification requirements to work within BNSF ROW and proximity to the RR tracks, and the terms of the C&M Agreement between the COSV and BNSF. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines Rd BNSF Grade Separation Construction ManagementServices —Scope Amendment 1 April 17, 2025 F)� hdrinc.coin Assumptions: • Contractor will obtain an agreement with BNSF from the COSV C&M Agreement Coordination efforts will be documented with the contractor via e-mail and within Contractor weekly meeting minutes. TASK 5 PUBLIC INVOLVEMENT (Big Sky) The CE&I Team will prepare a Public Involvement Plan (PIP) which defines and outlines the public involvement strategy for identifying and engaging the community, local media, neighborhood associations, and other stakeholders during the project. The PIP includes an initial list of project stakeholders and an outline of the proposed public involvement tools. The deliverables within this section will be prepared on a mutually agreed -upon schedule by COSV and HDR to allow timely delivery of the documents by COSV to their intended audience(s). Assumptions 1. For this scope, Big Sky Public Relations will plan efforts through December 2026. 2. HDR will support Big Sky Public Relations with technical background information and participation in stakeholder communications. 3. The COSV will be asked to provide technical information, provide content guidance, key messages and review materials. 4. Big Sky Public Relations will coordinate the review of the project materials with the COSV, project team representatives, and other requested staff. 5. Big Sky Public Relations will maintain a project communications log. 6. Big Sky Public Relations will provide the COSV's communication team with content for their dissemination. Big Sky Public Relations will only act on behalf of the project as directed by the COSV. 7. Items marked Optional as approved by COSV are not estimated in this amendment. 5.1 Public Involvement Communications Log • Maintain an official communications log from stakeholder meetings, outreach, and stakeholder communications. • Maintain and update the project stakeholder contact database. • Stakeholders include surrounding business owners, restaurants, the local hospital, urgent care, and medical offices. Additional stakeholders include residents living within the project area and/or those who commute through the project daily. Content Creation • Facilitate approvals of graphic design materials between the CE&I Team and the COSV, as requested by the project team. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines Rd BNSF Grade Separation Construction ManagementServices —Scope Amendment 1 April 17, 2025 F)� hdrinc.coin • Create an informational project brochure, website content, social media posts, print and digital advertising, "Every Door Direct Mailer", open house display boards and other necessary educational items, as requested by the CE&I Team at the direction of the COSV. • Create regularly scheduled weekly project updates to be distributed to the stakeholder contact list via email, project webpage and other mediums that the COSV's communication team sees fit. Design Management • Manage graphic design for informational project brochure, website content, print and digital advertisements, "Every Door Direct Mailer", and other necessary educational assets as requested by the CE&I Team at the direction of the COSV. Event Management Assistance • Coordinate the public meeting with the CE&I Team and the COSV. • Plan and execute the public meeting at the appropriate agreed -upon date. Stakeholder Communication • Manage communications with the COSV, CE&I Team, stakeholders, landowners, and the community regarding the project. • Develop and maintain an email list for those interested in receiving updates about the project (optional as approved by COSV). • Distribute regularly scheduled email updates to the contact email list. Travel • Travel to the project area for stakeholder meetings, canvassing, the public meeting, and visits to the project site, as requested by the CE&I Team if needed. • Per -diem meals, lodging, and mileage for one round trip from Missoula to Spokane Valley for a Big Sky Public Relations representative to assist with the public meeting (optional as approved by COSV). • This amendment will add mileage for five (5) round trips by local Big Sky Public Relations project manager for a total of six (6) throughout the duration for the project. Website Updates • Create content for a webpage on the COSV's website for the project. • Update the project webpage on the COSV's website (optional as approved by COSY). • Post regularly scheduled project updates on the project webpage (optional as approved by COSV). Social Media (optional as approved by COSY). • Post at the direction of COSV and provide a single summary at the end of construction (PDF) social media ads, including Facebook, Instagram, and Nextdoor ads. • Support Jill Smith and the COSV with graphics and responses to comments, as requested. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 Material Distribution (optional as approved by COSY). • Material distribution before and after the public meeting and stakeholder meetings, along with distributed supplemental content for the media. • Canvassing of the project area before the public meeting/open house (optional as approved by COSV). Media Buying & Planning (optional as approved by COSY). • Organize and implement the print and digital advertising buys and placements (optional as approved by COSY). Media Relations (optional as approved by COSY). • Track regularly for project mentions and public sentiment in media outlets. • Create and distribute two press releases for the project, one that announces the start of construction and another that announces the completion of the project. • Field project media requests. • Draft talking points and interview preparation (optional as approved by COSY). Deliverables • Content for a project webpage on the COSV's website that includes a project logo, map, and other materials deemed relevant. • Updates to the project webpage hosted on the COSV's website, (optional as approved by COSV). • Regularly scheduled email and webpage updates informing on the project's progress. • One (1) communication and listening log and contact database. • One (1) project brochure that can be distributed at stakeholder meetings, the public meeting, and available for download on the project website. • Digital advertisements, including Facebook, Instagram, and Nextdoor ads, will be used to announce the project. These ads will also be used throughout the project to inform the public of construction activities. At the end of the project, digital ads will be used to announce the completion of the project if needed. • Display boards featuring project information to be presented at the public meeting/open house. TASK 6 CONSTRUCTION ADMINISTRATION (HDR) The CE&I Team will initiate the project and perform construction administration duties in accordance with the latest the Washington State Department of Transportation (WSDOT) Local Agency Guidelines (LAG), WSDOT Construction Manual, Federal Highway Administration (FHWA), Federal Rail Administration (FRA), Federal compliance standards, WSDOT Standard Specifications, and COSV requirements. 6.1 Filing & Records Verification — The CE&I Team will maintain filing systems and tracking logs for submittals, RFls, change orders and materials. Work includes maintaining project files in 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 ProjectWise and uploading documents to ProjectWise on a regular basis. The CE&I Team will also perform monthly checks of the files to verify records are accurately maintained and the filing system is current and will provide findings to the CE&I Team and the COSV. 6.2 Project Take Off Documents —The CE&I Team will conduct a photo/video log report for pre - work conditions (including environmental conditions) throughout the project work area. 6.3 Subcontracts —The CE&I Team will review and recommend for acceptance/rejection the Contractor's Requests to Subcontract. They will also verify signed subcontracts and that the requests meets COSV requirements. Estimate up to one (1) hour each to review up to twenty (20) additional Requests to Subcontract over the entire project. 6.4 Materials Review, Documentation and Acceptance — 6.4.1 COSY will create the project ROM and the CE&I Team will maintain it during the project. The ROM shows material approval and acceptance requirements for each item such as certifications, testing, testing frequencies, etc. COSY will review the ROM prior to the CE&I Team issuing to the contractor. 6.4.2 The CE&I Team will review Contractor submittals for compliance with contract requirements, recommend submittals for acceptance or rejection, and draft response letters for the PM to review (if time allows) prior to the CE&I responding to the contractor. Submittals pertaining to the structures will be transmitted to the FOR for review. The submittals will be tracked and monitored. Estimate up to two hours each to review up to 150 submittals spread out over the entire project. 6.4.3 The CE&I Team will request certifications for materials incorporated into the project that require a Manufacturer's Certificate of Compliance and/or Certification of Materials Origin. No materials will be incorporated or accepted for payment until the appropriate certifications are received. The CE&I Team will review material certifications for contract compliance and update the ROM which resides on HDR's ProjectWise server. Return non- compliant certifications to the Contractor for correction. 6.4.4 The CE&I Team will coordinate with STRATA to provide laboratory materials testing of soils, concrete, aggregates, and asphalt to be incorporated into the project. The CE&I Team will review laboratory results for conformance with the Contract documents and notify the Contractor and the COSV of 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 non -conforming materials or compaction tests. Price adjustment calculations for non -complying materials to be performed by CE&I Team. 6.4.5 The CE&I Team inspectors will prepare COSV Field Note Record forms (Combined Field Verification forms and Pay Note Record forms). Field Note Record forms will be closely reviewed and signed by the RE prior to payment. 6.5 Meetings —The CE&I Team will conduct and provide office support for project meetings such as preparing agendas, preparing meeting minutes and distributing to attendees, and providing sign in sheets. Meetings include the pre -construction meeting, weekly progress meetings, pre -work meetings for major items of work, and general meetings to resolve issues. 6.6 Requests for Information (RFI) — The CE&I Team will review contractor RFIs and prepare draft responses for the PM. If additional information or clarification is necessary, the FOR will be contacted by the COSV for contract clarifications. Estimate up to four (4) hours each to review up to thirty-five (35) RFIs. 6.7 Analyze and Prepare Change Orders —The CE&I Team will prepare and analyze change orders initiated by either the COSV or the Contractor. This will entail consulting with the PM and preparing the change -order documents, including justification for the need, costs of the work, and (optional as approved by COSV), revised pdf plan sheets using Bluebeam. If contract time is affected by the change order, a schedule analysis will be performed. Estimate up to ten (10) hours each to process up to twenty-five (25) change orders. The FOR (HDR) will prepare revised plan sheets to accompany change orders. Estimate up to four (4) hours each to add to up to fifteen (15) change orders. 6.8 Pay Estimate Preparation — The CE&I Team will meet with the Contractor each month as needed to field -verify quantities related to work completed and in progress. Upon completion of quantity reviews, the CE&I Team will provide quantity recommendations to the PM for approval in preparation of monthly Applications for Payment. As discussed above, the CE&I Team inspectors will prepare COSV Field Note Record forms (Combined Field Verification forms and Pay Note Record forms) showing approved quantities for each applicable bid item. Field Note Record forms will be closely reviewed and signed by the RE prior to payment. Field Note Records forms and pay estimate preparation tasks are to be completed no later than 10 days beyond the close of the monthly payment period. 6.9 Construction Schedule —The CE&I Team will review monthly schedule updates for conformance with specifications and progress of work and will provide comments 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 including delays or potential delays to the project as shown in the schedule. The CE&I Team will prepare weekly statements of working days and provide to the COSV and Contractor in compliance with WSDOT Specification Section 1-08.5. 6.10 DBE Interviews and Wage Rate Interviews — The CE&I Team will conduct the necessary onsite wage and DBE interviews with the contractor/subcontractor employees including filling out the appropriate forms with documentation. Assumptions • HDR will review all contractor Traffic Control Supervisor Reports prior to completing field note records for temporary traffic control items. • HDR will prepare project correspondence and other forms of communication in accordance with the COSV's document standards. • HDR's review and recommendation for payment is not evidence of performance nor confirmation that the work is in conformance with the contract requirements. Progress payments serve only as a basis for partial payment. HDR may revise progress payment estimates before final payment is made by the COSV. Corrections may be made to quantities, and SOV amounts up through the final progress payment as allowed by the WSDOT Standard Specifications and Special Provisions. • Pay estimates shall be completed and submitted to the COSV no more than 10 days after the end of each monthly pay period, or earlier if required by the Contract documents. • No materials will be incorporated or accepted for payment until the appropriate certifications are received from the contractor. Withholding payments will be consistent with prompt pay laws. • The COSV will review draft change orders and approve final change orders. • The COSY will review logs and assist HDR with resolving project issues. Deliverables • Pre -construction conference agenda and meeting minutes • Correspondence as required • Photo documentation in jpeg format for each day of construction, and uploaded into ProjectWise no later than 48-hrs after the contractor workday and unless approved by COSV on a weekly basis at a minimum • Perform interview reports as required • Meeting minutes from the weekly contractor meeting • Reviews of the baseline schedule and schedule updates • Weekly Statements of Working Days • Tracking system for payment of bid items • Monthly pay estimates with bid item backup meeting COSV and WSDOT requirements • Review comments of Lump Sum Breakdowns • Project Issue Log 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines Rd BNSF Grade Separation Construction ManagementServices —Scope Amendment 1 April 17, 2025 F)� hdrinc.coin • Change Order Log • Change Order documentation: Summary, Record of Negotiation, Justification and Estimate of Cost • Force account tracking if needed • Disputed work tracking if needed • ROM TASK 7 PROJECT INSPECTION (HDR Team) WSDOT General Inspector certified inspectors will perform inspections. The frequency and scope of inspections will vary with the work activity being performed and will be in accordance with the COSV's procedures, policies, and directives. 7.1 Quality Assurance and Field Inspection —The CE&I Team will monitor and observe the Contractor activities for general conformance with the contract plans and specifications. Work that is in non-conformance will be reported to the Contractors' superintendent and COSV PM. Inspector Diaries — Inspectors will prepare Inspector Daily Reports (IDRs) using COSV approved forms. Daily diaries will include Contractor's hours on the site, equipment used, weather conditions, communications and directions given to the Contractor, changed conditions, site visitors, daily activities, decisions, general observations, and specific observation of test procedures and results. Diaries will be printed in pdf format for archiving in the project files. Inspector IDR's will be closely reviewed and signed by the RE on a weekly basis. Pay Quantity Collection — The CE&I Team will develop pay item reports/field note records (FNRs) for accepted work and will resolve differences in quantities with the Contractor prior to forwarding quantities to the COSV for payment. Safety —The Contractor is responsible for site safety. The CE&I Team are not liable for safety violations which are the responsibility of the Contractor. The CE&I Team will report safety violations observed during the inspection of the construction activities to the Contractor and the COSV PM. Environmental & Erosion Control Monitoring —The CE&I Team will monitor and observe the Contractor's activities for compliance with the site General Construction Permit and the Temporary Erosion and Sediment Control (TESC) Plan in the contract documents, the contractor's Spill Prevention Control and Countermeasures (SPCC) Plan, and the Shoreline Mitigation Plan. Permit Monitoring —The CE&I Team will identify and monitor project permit requirements. The Contractor and PM will be notified when violations or potential violations are observed. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines Rd BNSF Grade Separation Construction ManagementServices —Scope Amendment 1 April 17, 2025 F)� hdrinc.coin Davis Bacon/DBE/Training Tracking -The CE&I Team will track training hours and percent of work performed by the DBE on a monthly basis to confirm the Contractor is adhering to the plan. The CE&I Team will perform contractor and subcontractor interviews as required by WSDOT Construction Manual. Assumptions • The CE&I Team is not responsible for securing permits for the project, nor is responsible for the Contractor's compliance or non-compliance with permit conditions. • The CE&I Team will document and report, after coordination with the PM, to the Contractor and FOR non -conforming work and issue Non -Conformance Reports (NCR) for deficiencies with corrective measures or corrective action plans; develop and maintain a log of the NCR and provide to the Contractor; and as deficiencies are corrected, revise the log by indicating corrected status. • The CE&I Team shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control, or have charge of construction. • The CE&I Team will provide a Safety Plan, Job Hazard Analyses (JHA's), safety training, and personal protective equipment for the CE&I staff. • COSV staff performing inspections or quality assurance field work will be briefed in the safety protocols of CE&I Team and requested to participate in safety related activities. • HDR's observation or monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. • The CE&I Team is not responsible for the Contractor's failure to comply with permit requirements including compliance with environmental permits and/or requirements. • It is assumed there are no hazardous materials on the site and CE&I will not be tracking disposal of contaminated or hazardous materials. • It is assumed no materials are to be salvaged, except where noted otherwise in the Special Provisions or on the plans. • One (1) IDR will be developed per on -site inspector, per day. Deliverables • MRS from Inspectors • Non -Conformance Reports • DBE Interviews as required. • Wage Interviews per contractor and job classification. • Project Photos 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 TASK 8 MATERIAL SAMPLING AND TESTING (STRATA) The CE&I Team will provide material sampling and testing services to verify materials and workmanship incorporated into the project conform to the requirements of the plans and specifications of the construction contract including approved changes. Samplers and testers will be WAQTC qualified and meet criteria to work on federally funded projects on the National Highway System 8.1 Quality Assurance and Verification Testing — Sample and test project materials according to the contract documents, ROM, and Sample Schedule. Transport samples to the appropriate laboratory for testing. Meet minimum testing frequencies with special attention paid to project phasing. Work with HDR staff to update ROM as the project progresses (every time the ROM is updated). Perform check tests on failing tests. If the test still fails, notify the COSV. Field test and laboratory test deliverables will document sampling and testing services. 8.2 Field Test Reporting — Prepare test reports on material testing performed in the field and transmit the results to both the COSV and HDR within two (2) working days. Inform the COSV of the schedule for sampling and testing with record of notification via email. 8.3 Laboratory Testing and Reporting —Test material samples at a qualified laboratory (located at STRATA). Prepare test reports on material testing performed in the laboratory and transmit the results to both the COSV and HDR within two (2) working days. 8.4 Contractor Quality Control Plan —Verify the Contractor is performing quality control tests at the required frequency and that results indicate the materials meet specifications. If tests indicate materials do not meet specifications, notify the COSV within one (1) working day. Deliverables • Material's testing log with dates, locations, failures and subsequent retests • Test reports Task 9 SCHEDULE REVIEW (HDR/Prima Pacific) The CE&I Team will perform a detailed review of the Contractor's Baseline CPM schedule and provide Baseline schedule review summary. 9.1 CPM Schedule Updates — Provide review and comparison of the contractor's monthly schedule updates each month in comparison to the approved baseline schedule. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 Deliverables • Monthly schedule review, discussion, and report - Estimate eight (8) hours each review, discussion, and report. Assumptions • The CE&I Team will review the schedule updates at a minimum in PDF format from the contractor but will review the data file that is submitted in either P6 or MS Project softwa re. • Only one CPM schedule at the start of the project for the initial approval with 1 additional round of reviews. • Monthly updated schedule review, up to four (4) additional schedule reviews. TASK 10 PROJECT CLOSE-OUT (HDR Team) The CE&I Team will prepare project documentation to close out the files on work performed, at the end of the project. The CE&I Team's goal is to turn over records and materials documentation for COSY review within 60 days of project completion, to the extent that it is within the CE&I Team's control to do so, to allow ample time for COSV documentation review and follow up response to comments. 10.1 Contract Documents —The CE&I Team will conduct a review of contract documents including tests and approvals, shop drawings, and material certifications required so they are ready for review by COSY, WSDOT, and FRA, if needed. The CE&I Team will provide replies to inquiries by the reviewers regarding project documentation provided by the CE&I Tea m. 10.2 Substantial Completion —An inspection will be completed when the Contractor notifies COSV that the project is substantially complete and ready for its intended use. A letter of Substantial Completion will be prepared for the PM at the conclusion of the inspection if there are no outstanding work items. The CE&I Team will document "punch list" items that still need to be completed by the Contractor. 10.3 Final Inspection —A final inspection will be completed to verify that the work is acceptable prior to the CE&I Team recommending that final payment to the Contractor be issued. Recommendations will be made by the CE&I Team verifying that the work is acceptable to their knowledge, based on the extent of the services provided under this agreement. A letter of Physical Completion will be prepared at the conclusion of the inspection if there are no outstanding work items. 10.4 Record Drawings —The CE&I Team will review record drawings received from the Contractor and compare the information to contract requirements. The CE&I Team will maintain their 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 hdrinc.com City of Spokane Valley I Pines Rd BNSF Grade Separation Construction Management Services — Scope Amendment 1 April 17, 2025 own record drawings to compare against the Contractor's copy. Record drawings will be transmitted to the FOR for finalization. Final drawing will be submitted to COSV. Assumptions • Up to three (3) Substantial Completion site visit and one final/Physical Completion site visit are anticipated. Deliverables • Substantial Completion and Physical Completion letters • Punch list • Delivery of final file folders and record drawings TASK 11 NEPA/Environmental Support 11.1 NEPA Support • This work includes the coordination and preparation of updated NEPA or supporting documentation. As project changes occur during the construction of both the COSY public contract and the BNSF contract changes may require the CE&I Team to update NEPA compliance documentation. o Optional task included as approved by COSV, up to $29,000.00. • The CE&I team will update the Shoreline Mitigation Plan as directed by COSY. Deliverables • The CE&I Team permitting specialist will prepare meeting notes and memoranda documenting the coordination activities with FRA and FHWA/WSDOT agencies, as required. 11.2 Environmental RFI Support • During construction, Widener will support the COSV and CE&I Team in addressing RFI's associated with environmental protection project permits and BNSF requests for information. Deliverables: • Email correspondence as requested. TASK 12 MANAGEMENT RESERVE FUND A Management Reserve Fund (MRF) will be created in accordance with LAG Manual to account for any unanticipated needs outside of the above listed Construction Management Services. This fund can only be utilized with advance written authorization by the City of Spokane Valley. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 Exhibit A Supplement CONSULTANT NAME: HDR Inc. PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 A. SUMMARY ESTIMATED MAN -DAY COSTS Man -Days Man -Hours Raw Labor 1 Principal In Charge 7.00 = 56.00 @ $108.33 = $6,066.48 2 Project Manager 177.75 = 1422.00 @ $59.85 = $85,106.70 3 Materials Coordinator 134.00 = 1072.00 @ $47.82 = $51,263.04 4 Lead Insepctor 319.63 = 2557.00 @ $41.60 = $106,371.20 5 Full Time Inspector 266.25 = 2130.00 @ $48.91 = $104,178.30 6 Full Time Inspector 261.25 = 2090.00 @ $44.11 = $92,189.90 7 Part Time Inspector 52.50 = 420.00 @ $37.06 = $15,565.20 8 Part Time Inspector 52.50 = 420.00 @ $38.27 = $16,073.40 9 Enigneer 7.50 = 60.00 @ $84.35 = $5,061.00 10 Engineer 7.50 = 60.00 @ $73.31 = $4,398.60 11 WA Transportation Business Group Manager 0.38 = 3.00 @ $142.33 = $426.99 12 Quality Records Coordinator 0.38 = 3.00 @ $54.01 = $162.03 13 Accounting 13.88 = 111.00 @ $48.60 = $5,394.60 1300.50 10404.00 TOTAL RAW LABOR COST = $492,257.44 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Overhead Rate $492,257.44 X 158.39% _ $779,686.56 C. NET FEE Total Raw Labor $492,257.44 X 28.0% _ $137,832.08 D. ESCALATION** Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead $930,452.21 X 4.0% _ $37,218.09 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for two thirds of the project timeframe. E. OUT-OF-POCKET EXPENSES HDR TOTAL ESTIMATED EXPENSE* = $24,263.55 HDR Subtotal = $1,471,257.72 F. SUBCONSULTANTS DBE (D) Big Sky D = $53,467.02 Prima Pacific D = $131,510.83 Simpson = $14,578.88 STRATA = $159,120.79 Widener D = $115,395.24 Task 12 Reserve Management = $54,045.65 TOTAL = $1,999,376.13 * See attached Direct Expenses for HDR Inc. Exhibit A Supplement ;ULTANT NAME: HDR Inc. ROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 E. OUT-OF-POCKET EXPENSES SUMMARY Estimated Unit Cost Estimated Expense Unit Amount Expense Comment 1 Printing (8.5xll) Sheets 50 @ $ 0.05 = $ 2.50 2 Printing (8.5xl l Color) Sheets 50 @ $ 0.16 = $ 8.00 (209 Days * 23.2 Miles (RT) + 5 3 Printing (11x17) Sheets 180 @ $ 0.10 = $ 18.00 Miles onsite) spokane Inspectors 4 Printing (11x17 Color) Sheets 180 @ $ 0.32 = $ 57.60 (209 Days * 56 Miles (RT) + 5 5 Mileage Miles 30,637 @ $ 0.750 = $ 22,977.45 Miles onsite) CDA Inspectors BNSF Certs estimated at $75.00 per year for 2 years per person for ERAIL and $25.00 per year per 6 BNSF Certifications Each 12 @ $ 100.00 = $ 1,200.00 person for BNSF contractor safety 24 Hotel Day - @ $ 127.00 = $ - HDR Inc. Total Estimated Expenses $ 24,263.55 Exhibit A Supplement CONSULTANT NAME: Big Sky PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 20 CEO 8.0 @ $ 67.00 = $536.00 21 CXO 33.0 @ $ 50.00 = $1,650.00 22 Account Manager 228.0 @ $ 38.00 = $8,664.00 23 Graphic Designer 31.0 @ $ 26.00 = $806.00 300.0 SUBTOTAL RAW LABOR COST = $11,666.00 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost Approved Rate $11,656.00 X 215.93% = $26,168.80 C. FIXED FEE Total Raw Labor Approved Rate $11,656.00 X 28.0% = $3,263.68 D. ESCALATION** Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead Rate $26,458.40 X 4.0% = $1,068.34 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for two thirds of the project timeframe. E. DIRECT EXPENSE SUMMARY* Estimated Amount Unit Cost Estimated Expense 1 Mileage* 610.0 @ $0.670 = $408.70 2 Per Diem Travel Days 5.0 @ $55.50 = $277.50 3 Lodging 2.0 @ $127.00 = $254.00 4 Advertising - Digital: Facebook, Instagram, and Display 1.0 @ $500.00 = $500.00 5 General Printing (Mailer to 99216-0002, 99206-0O27, 992 4,100.0 @ $0.80 = $3,280.00 6 Public Meeting - Display Boards 5.0 @ $50.00 = $250.00 7 Public Meeting - Snacks 1.0 @ $150.00 = $150.00 8 Hotline 7.0 @ $600.00 = $4,200.00 9 Invoicing - Elevated Accounting 15.0 @ $200.00 = $3,000.00 TOTAL ESTIMATED EXPENSE = $12,320.20 * As per the "FEDERAL PER DIEM RATES FOR Spokane" TOTAL = $53,467.02 forms\ClientTemplate_HDR_ Estimate_20250514 DRAFT Amendment 1.xlsx\Big Sky 5/14/2025 Exhibit A Supplement CONSULTANT NAME: Prima Pacific PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 A. SUMMARY ESTIMATED LABOR HOUR COSTS 24 Scheduler 25 Document Control Specialist 26 Invoicina and Manaaement Control B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost $50,989.00 C. FIXED FEE COST ESTIMATE Labor Hours Hrly Rate Cost 170.0 @ $ 119.26 = $20,274.20 275.0 @ $ 98.68 = $27,137.00 30.0 @ $ 119.26 = $3,577.80 475.0 SUBTOTAL RAW LABOR COST = $50,989.00 Approved Rate X 120.00% = $61,186.80 Total Raw Labor & Overhead Approved Rate $50,989.00 X 28.0% = $14,276.92 D. ESCALATION" Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead $126,452.72 X 4.0% _ $5,058.11 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for 100% of the project timeframe. Prima's Rates increase as of July 1 st, 2025 E. DIRECT EXPENSE SUMMARY** Estimated Amount Unit Cost Estimated Expense 1 Mileage* 0.0 @ $0.670 = $0.00 2 Per Diem Travel Days 0.0 @ $44.25 = $0.00 3 Printing (8.5x11) 0.0 @ $0.10 = $0.00 4 Printing (11x17) 0.0 @ $0.15 = $0.00 5 Printing (11x17 Color) 0.0 @ $0.90 = $0.00 TOTAL ESTIMATED EXPENSE = $0.00 TOTAL = $131,510.83 * As per the "FEDERAL PER DIEM RATES FOR Spokane" forms\ClientTemplate_HDR_ Estimate_20250514 DRAFT Amendment 1.xlsx\Prima Pacific 5/14/2025 Exhibit A Supplement CONSULTANT NAME: Simpson PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 27 Project Manager 16.0 @ $ 45.00 = $720.00 28 Project Surveyor 16.0 @ $ 40.00 = $640.00 29 Field Survey Crew 80.0 @ $ 54.00 = $4,320.00 557.0 SUBTOTAL RAW LABOR COST = $6,680.00 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost Approved Rate $5,680.00 X 120.00% $6,816.00 C. FIXED FEE Total Raw Labor & Overhead Approved Rate $5,680.00 X 28.0% = $1,690.40 D. ESCALATION** Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead Rate $9,297.02 X 4.0% = $371.88 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for two thirds of the project timeframe. E. DIRECT EXPENSE SUMMARY** Mileage* Per Diem Travel Days Printing (8.5x11) Printing (11x17) Printing (11x17 Color) * As per the "FEDERAL PER DIEM RATES FOR SPOKANE" Estimated Amount Unit Cost Estimated Expense 180.0 @ $0.670 = $120.60 0.0 @ $44.25 = $0.00 0.0 @ $0.10 = $0.00 0.0 @ $0.15 = $0.00 0.0 @ $0.90 = $0.00 TOTAL ESTIMATED EXPENSE = $120.60 TOTAL = $14,578.88 forms\ClientTemplate_HDR_Estimate _20250514 DRAFT Amendment 1.x1sx\Simpson 5/14/2025 Exhibit A Supplement CONSULTANT NAME: STRATA PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 30 Project Manager 213.0 @ $ 52.88 = $11,263.44 31 Tester (Field) 330.0 @ $ 39.38 = $12,995.40 32 Tester (Field) 300.0 @ $ 32.55 = $9,765.00 33 Tester (Lab) 312.0 @ $ 24.15 = $7,534.80 34 Administration 114.0 @ $ 33.00 = $3,762.00 1,269.0 SUBTOTAL RAW LABOR COST = $46,320.64 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost Approved Rate $45,320.64 X 194.68% = $88,230.22 C. FIXED FEE Total Raw Labor & Overhead Approved Rate $45,320.64 X 28.0% = $12,689.78 D. ESCALATION** Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead Rate $96,518.82 X 4.0% = $3,860.76 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for two thirds of the project timeframe. E. DIRECT EXPENSE SUMMARY Estimated Amount Unit Cost Estimated Expense 1 Mileage' 1,820.0 @ $0.670 = $1,219.40 2 Per Diem Travel Days 0.0 @ $44.25 = $0.00 3 Denisty Guage - Hour 312.0 @ $25.00 = $7,800.00 4 Printing (1W7) 0.0 @ $0.15 = $0.00 5 Printing (1W7 Color) 0.0 @ $0.90 = $0.00 TOTAL ESTIMATED EXPENSE = $9,019.40 TOTAL = $159,120.79 * As per the "FEDERAL PER DIEM RATES FOR SPOKANE" forms\ClientTemplate_HDR_Estimate _20250514 DRAFT Amendment 1.xlsx\STRATA 5/14/2025 Exhibit A Supplement CONSULTANT NAME: Widener PROJECT NAME: Pines Road / BNSF Grade Separation (Ammendment 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 35 Project manager 335.0 @ $ 74.00 = $24,790.00 36 Senior Biologist 220.0 @ $ 55.00 = $12,100.00 37 Project Biologist 160.0 @ $ 32.00 = $5,120.00 1,327.0 SUBTOTAL RAW LABOR COST = $42,010.00 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost Approved Rate $42,010.00 X 137.62% = $67,814.16 C. FIXED FEE Total Raw Labor & Overhead Approved Rate $42,010.00 X 30.0% = $12,603.00 D. ESCALATION** Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead Rate $74,201.93 X 4.0% = $2,968.08 **Total Raw Labor/Fee/Payroll, Fringe Benefit & Overhead for Escalation is assumed to be for two thirds of the project timeframe. E. DIRECT EXPENSE SUMMARY Mileage' Per Diem Travel Days Lodging plus tax Printing (11x17) Printing (11x17 Color) * As per the "FEDERAL PER DIEM RATES FOR SPOKANE" Estimated Amount Unit Cost Estimated Expense 0.0 @ $0.670 = $0.00 0.0 @ $55.50 = $0.00 0.0 @ $127.00 = $0.00 0.0 @ $0.15 = $0.00 0.0 @ $0.90 = $0.00 TOTAL ESTIMATED EXPENSE = $0.00 TOTAL = $115,395.24 forms\ClientTemplate_HDR_ Estimate_20250514 DRAFT Amendment 1.xlsx\Widener 5/14/2025 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509)343-8500 Exhibit H-1 May 14, 2025 Erica Amsden City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA 99206 Subject: Agreement #24-210 — Pines Road/ BNSF Grade Separation (Phase 1) Project — Construction Services (Amendment 1) DBE Participation Plan Dear Erica: This letter conveys our intent to comply with and participate in the Disadvantaged Business Enterprise (DBE) Program under the United States Department of Transportation. HDR has identified the following DBE firm to provide Public Relation Services, BNSF coordination, Document Control support, and Schedule Review to fulfill the requirements of the Scope of Work. DBE Firm Name Anticipated Percent Contract Goal Big Sky 2.71% 0.5% Cowling and Co LLC BA Widener & Associates 6.91% 0.5% Prima Pacific 5.60% 0.0% ,-- 15.22% _ 1.00% We have designated the following individual to enter all required information into the WSDOT Diversity Management and Compliance System (DMCS) for HDR. Kaila Yoshitomi Project Accountant HDR Engineering, Inc. (425) 468-1502 Kaila.Yoshitomikhdrinc.com If you have any questions, please feel free to call me at (509) 343-8523. Sincerely, Olivia Williams Washington Area Operations Manager Page 1 of 1 Contract No. 24-210 AGREEMENT FOR PROFESSIONAL SERVICES HDR Engineering, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter `'City" and HDR Engineering, Inc., hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows. 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with al[ current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may request modifications and orders for work whenever necessary or advisable. Any such modifications are subject to mutual approval from both Parties. Consultant shall not unreasonably deny any request from the City for changes in the work. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant Agreement for Professional Services (with professional liability coverage) Page 1 of 8 Contract No. 24-210 shall complete its work by December 31, 2026, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at Ieast 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $347.139.23 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. The City shall pay all undisputed amounts within 30 days following receipt of Consultant's invoice. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards.. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk, Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Scott Marshall Phone: 509-343-8523 Address: 835 N Post Street, Suite 101 Spokane, WA 99201 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. Consultant agrees to comply with all applicable provisions of Exhibit D, and make all certifications in Exhibits E and F. 7. Certification Reearding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of Agreement for Professional Services (with professional liability coverage) Page 2 of 8 Contract No. 24-210 or had a civil judgment rendered against there for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated within the state of Washington for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. C. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals will, or will continue, to provide a drug -free workplace in conformance with the requirements of 49 C.F.R. pan 32 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Consultant's workplace, and specifying the actions that will be taken against employees for violation of such prohibition. 2. Establishing an ongoing drug -free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The Consultant's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and, (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of work under this Agreement be given a copy of the statement required by paragraph 7(C)(1) above. 4. Notifying the employee in the statement required by paragraph 7(C)(1) that, as a condition of employment for work under this Agreement, the employee will: (a) Abide by the terms of the statement; and Agreement for Professional Services (with professional liability coverage) Page 3 of Contract No. 24-210 (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. S. Notifying the City in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of conviction. Employers of convicted employees must provide notice, including position title, to the City. The City will provide any such notice to the Federal Railroad Administration as well. 6. Taking one of the following actions, within 30 days of receiving notice with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of this Section 7. D. In addition to the certifications above, Consultant shall complete and sign all Certification Documents set forth in Exhibits E, and such certifications are hereby incorporated by reference herein. The Consultant shall ensure that such certifications remain in effect for the term of this Agreement. In addition, Consultant shall ensure that any Lower Tier Covered Transactions, such as those with subconsultants or subcontractors require the certifications set forth in Exhibit F. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right Agreement For Professional Services (with professional liability coverage) Page 4 of 8 Contract No. 24-210 to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. Consultant shall retain all records related to all matters covered in this Agreement for a period of three years after completion of project close-out, unless a longer time is requested by City or required by law. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the Public Entity's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: Agreement for Professional Services (with professional liability coverage) Pagc 5 of 8 Contract No. 24-210 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this worm with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of CovelLage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work and prior to execution of this Agreement. Consultant shall provide updated insurance to the City prior to the expiration of applicable insurance coverage periods. Insurance Certifications shall be incorporated by this reference as Exhibit G. 12. Indemnification and Hold Harmless_. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney"s fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Agreement for Professional Services (with professional liability coverage) Page 6 of 8 Contract No. 24-210 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. The City permits subcontracts for those items of services as shown in Exhibit A attached hereto and by this reference made part of this Agreement solely as provided in this section. Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. . No permission for subcontracting shall create, between the City and sub - consultant, any contract or any other relationship. The services of the sub -consultant shall not exceed its maximum amount payable identified in each task order unless a prior written approval has been issued by the City. 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 applicable payment sections of this Agreement herein and shall be memorialized in a final written acknowledgement between the Consultant and sub -consultant, a copy of which shall be provided to the City upon request. 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, including any and all applicable Federal grant and other requirements. Consultant shall make all payments to sub -consultants timely and City shall not be responsible or liable for any missed, late, or withheld payments by Consultant. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. IT Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or Agreement for Professional Services (with prolessional liability coverage) Page 7 of 8 Contract No. 24-210 action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Reeistration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Severabili . If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Applicable Grant Agreements Exhibits C-H omitted D. Assurance of Compliance with Applicable Federal Law with RCA due to size E. Certifications Documents F. Lower Tier Covered Transaction Certifications G. Insurance Certificates H. DBE Participation Plan The Parties have executed this Agreement this // day of Frbf u.ALf , 'U 25 CITY OF SPOKANE VALLEY i JokCHAman, City Manager VED AS TO FORM: the CiV Attorney MDR ENGINEERING, INC.. By: Olivia Williams, Vice President Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 City of Spokane valley I Pines RD BNSF Grade Separation Construction Management Services— Scope December 20, 2024 F)� Exhibit A 2025 - 2026 Scope of Services Pines Road/ BNSF Grade Separation Capital Improvements Program No. 0223 FRA PROJECT: FR-RLD-2002; AG No. 69A3652442002ORLDWA City Agreement No. 24-210 Phase 1 HDR Engineering, Inc. (HDR) and its Construction Engineering & Inspection team members (CE&I Team) will provide construction management, field inspection and documentation, material testing, environmental compliance, BNSF coordination, pile driving observation, constructability review, and public outreach services for the Pines Road/ BNSF Grade Separation project ("project"). The project reconstructs the SR 27 (Pines Road), and SR 290 (Trent Avenue) intersection located in Spokane County, Washington. This work includes grade separating BNSF railroad tracks from Pines Road, earthwork, roadway excavation and embankment, construction of a retaining wall, shared -use path, and drainage improvements, realigning the Pines and Trent intersection and replacing it with a multilane roundabout, paving with hot mix asphalt (HMA), illumination, and installation, erosion control, seeding, cement concrete curb, sidewalk, pavement markings, permanent signing, temporary traffic control, and trailhead facility with restroom and other appurtenances. CE&I Team • HDR will provide construction management, documentation, and bridge pile driving observation. • HDR's subcontractor, David Evans and Associates (DEA) is not anticipated to be utilized in the project's phase 1 scope of work. • HDR's subcontractor, STRATA is not anticipated to be utilizedin the project's phase 1 scope of work. ■ HDR's subcontractor, Prima Pacific is not anticipated to be utilized in the project's phase 1 scope of work. • HDR's subcontractor, Big Sky will provide public involvement support. • HDR's subcontractor, Widener & Associates will provide BNSF coordination in the project's phase 1 scope of work. • HDR's subcontractor, Simpson Engineers will provide surveying. General Scope of Services: The CE&I is anticipated to have a phased approach. Phase 1 scope of services is as follows; The CE&I Team will provide qualified staff to perform the scope of services described within. Services will meet the requirements of the Washington State Department of Transportation (WSDGT) Local Agency Guidelines (LAG), WSDCT Construction Manual, Federal Highway Administration (FHWA), Federal Rail Administration (FRA), Federal compliance standards, WSDOT 610 west Hubbard Avenue, , suite 227, , Coeur d'Alene, ID 83814-2288 (2081676-1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction Management Services -- Scope December 211, 21124 F)� hdrine.cnmi Standard Specifications, and City of Spokane Valley (COSV) requirements and will comply with the construction documents including: • Standard Specifications for Road, Bridge, and Municipal Construction, 2024 edition as issued by WSDOT and the American Public Works Association (APWA), Washington Chapter. • Contract Plans and Specifications including: o Plans sealed by a Professional Engineer o General Special Provisions o Addenda issued prior to bidding • COSV and BNSF executed Construction and Maintenance{C&M) Agreement • FHWA 1273 requirements • Federal Rail Administration (FRA) resources and guidance Key Understandings: • The COSY will provide the Project Manager (PM). The HDR CE&I Team will provide the Resident Engineer (RE), construction observers, BNSF coordination, public involvement, and surveying. • Work will be under the direction of the PM or delegated representative. • It is anticipated that construction activities will start in January of 2025 (when weather allows) and continue for approximately six (6) months. ■ It is anticipated that BNSF will work 50 hours per week, Monday through Friday. • BNSF's construction schedule will dictate which services are necessary by the CE&I Team and when they are needed. Day work is primarily anticipated on this project. • CE&I staff will be equipped with a vehicle equipped with an amber rotating strobe warning beacon; a cellular phone; access to a computer; a camera; and appropriate personal protective equipment for the work being observed. • CE&I staff will have BNSF specific training to be on BNSF property, and eRailSafe training. • The BNSF will provide primary access to the work for use by the CE&I Team to perform the services. Assumptions for Estimating Contract Hours and Direct Expenses: • The Engineer of record (EOR) is available to periodically visit the project site, review shop drawings, respond to RFIs and provide input on project issues as they arise, at the direction of the COSY. • The RE (HDR) is expected for the duration of the project on a regular part-time basis estimated at ten (10) hours a week. • One part time inspector/observer (HDR) is expected for the duration of piling activities on the BNSF bridge portion of the project. • Mileage for vehicles used by part-time CE&I Staff will be a direct cost to the project at the federal mileage rate. 610 west Hubbard Avenue, , Suite 227, , Coeur d'Alene, I❑ 83814-2288 (208} 676-1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction Management Services — Scope Decernler 10, 2024 1=)� hdrine.com • The CE&I Team will provide tape treasures, wheel measures, straight edges, computers, pickups with beacons, and smart levels. • One part-time railroad coordinator (Widener) is expected for the duration of Phase 1 of the project and pre -bidding to maintain compliance with the BNSF and FRA. ■ One part-time two -man field crew (Simpson) is expected to provide updated topographic survey information after BNSF has completed their bridge project, and to provide survey checks on piling locations during Phase 1. • Provide remote access to project files via ProjectWise server hosted by HDR. Personnel and Items to be provided by the COSV: • Project Manager (PM) who will provide project direction, approve change orders and monthly pay estimates and provide final copies to the CE&I Team. • Contract plans and specifications. Task 1 PROJECT MANAGEMENT (HDR Team) The CE&I Team will provide project management for the duration of the agreement. 1.1 Project Management —The CE&I Team will provide project management of the CE&I scope of work including assigning staff to perform the tasks; track installation and preparing monthly progress reports; provide initial reviews of BNSF invoices; and preparing a Project Guide for HDR internal use summarizing pertinent information regarding the project such as project contact information, emergency contact information, safety guide, and quality control guide. Up to one (1) internal review meeting will be conducted to review project risks and mitigation measures. 1.2 Safety Plan HDR will create a CE&i safety plan prepared specifically for HDR and subconsultant staff on this project phase. The safety plan includes project description, emergency contact information, job hazard analysis (JHA), and safe work procedures for project specific activities. The plan will be reviewed by field staff. In addition, HDR staff will review the safety plan prepared by its subconsultants. HDR Safety Plan is an internal document only. Deliverables Monthly progress reports. Inspection documentation. Comments and suggestions on overall project status. TASK 2 Surveying (Simpson Engineers/HDR) 2.1 Pile Location Verification Simpson will initial pile location and survey BNSF-set stakes/hubs of proposed bridge pile locations. 610 west Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208)676.1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction Management Services — Scope December 20, 2024 F)� hdrinc.com If locations are found to differ from the design plans, Simpson will notify the HDR PM. Assumptions • Simpson will set side of bridge pile location • BNSF will set stakes/hubs at the remaining proposed pile locations • BNSF will drive piles to design elevations • Simpson will verify each pile location up to two times • One set of piling surveyed at a time, with 6 sets per bridge for a total of 18 site visits for piling verification • Each pile verification will take up to three and one half (3.5) hours for a 2-person field crew. Deliverables • Field book notes (PDF) 2.2 Post -Bridge and Excavation Topographic Survey Simpson will perform a topographic survey of the area shown below and create a new existing conditions base map in AutoCAD. Simpson will also create a new existing ground TIN/DTM of the existing project limits for EOR. FOR will convert the AutoCAD file to MicroStation and WSDOT format for referencing into the proposed design plan sheets. FOR will also convert the new existing ground TIN for use in InRoads to undate the roadwav modeling. Assumptions • Relocated and existing utilities in position at the time of the survey will be shown on the new base map • Simpson will create base map and existing ground in DWG and TIN/LandXML 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83914-2288 (208) 676-1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction Management Services —Scope DeCember 20, 1024 F)� hd rinc.com • HDR will convert DWG data to DGN and LandXML into DTM • Up to three and one half (3.5) days for one HDR staff to convert survey data into a DTM. Deliverables • Updated Existing Conditions Base Map (DWG and DGN) • Updated existing ground TIN/DTM and LandXML files TASK 3 Piling Observation (HDR) 3.1 Field Pile Observation • HDR will provide one inspector to provide observations during BN5F bridge piling operations. • Working with the project surveyor, HDR's field inspector will assist with verifying piling locations and batter and notify the RE and C05V PM of deviations that occur in the field to allow potential issues to be rectified as soon as possible. Assumptions • The surveyor and HDR's inspector will only be on site for BNSF bridge piling operations. • Piling observation is assumed to last 100 days • Advance notice of at least 1 week will be provided to schedule HDR's inspector and allow for travel time. • Additional days for pile driving field observation over the estimated amount will be included in a contract amendment. Deliverables • IDRs from inspectors performing oversavation • Input to the PM for any Non -Conformance Reports • Piling data logs (location and batter only) TASK 4 BNSF and FRA Compliance 4.1 Agency and BNSF Coordination • The CE&I Team will continue to assist the COSV and BNSF in coordinating the construction of this project, as well as completing grant agreement, as required up to the budget identified for this task. This will include coordination on the C&M agreement as well as coordination the project timing and observation requirements. ■ Coordinate and attend a pre -con with BNSF prior to bridge construction. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208j 676-1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction ManagementServices —Scope December 211, 2024 F)� hdrinc.corn Deliverables 0 Meeting minutes and memoranda documenting the coordination activities with FRA and BNSF, as required. a Pre -construction Meeting Agenda and Meeting Minutes. TASK 5 PUBLIC INVOLVEMENT (Big Sky) The CE&I Team will prepare a Public Involvement Plan (PIP) which defines and outlines the public involvement strategy for identifying and engaging the community, local media, neighborhood associations, and other stakeholders during phase l of the project. The PIP includes an initial list of project stakeholders and an outline of the proposed public involvement tools. This scope serves as the PIP and outlines this project's anticipated public involvement strategies. The deliverables within this section, to the extent that it is within the CE&l Team's control, will be delivered as quick as possible to allow ample time for COSV to review and push out the documents. Assumptions 1. For this scope, Big Sky Public Relations will plan efforts through June 2024. 2. HDR will support Big Sky Public Relations with technical background information and participation in stakeholder communications. 3. The COSV will be asked to provide technical information, provide content guidance, key messages and review materials. 4. Big Sky Public Relations will coordinate the review of the project materials with the COSY, project team representatives, and other requested staff. 5. Big Sky Public Relations will maintain a project communications log. 6. Big Sky Public Relations will provide the COSV's communication team with content for their dissemination. Big Sky Public Relations will only act on behalf of the project as directed by the COSV. 5.1 Public Involvement Communications Log • Maintain an official communications log from stakeholder meetings, outreach, and stakeholder communications. Maintain and update the project stakeholder contact database. Stakeholders include surrounding business owners, restaurants, the local hospital, urgent care, and medical offices. Additional stakeholders include residents living within the project area and/or those who commute through the project daily. Content Creation • Facilitate approvals of graphic design materials between the CE&I Team and the COSY, as requested by the project team. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane valley I Pines RD BNSF Grade Separation Construction Management Services —Scope December 20, 2024 F)"'Z hdrinc.coni • Create an informational project brochure, website content, social media posts, print and digital advertising, Every Door Direct Mailer, open house display boards and other necessary educational items, as requested by the CE&I Team at the direction of the COSV.. • Create regularly scheduled weekly project updates to be distributed to the stakeholder contact list via email, project webpage and other mediums that the COSV's communication team sees fit. Design Management Manage graphic design for informational project brochure, website content, print and digital advertisements, Every Door Direct Mailer, and other necessary educational assets as requested by the CE&I Team at the direction of the COSV. Event Management Assistance b Coordinate the public meeting with the CE&I Team and the COSY. ■ Plan and execute the public meeting at the appropriate agreed -upon date. Stakeholder Communication • Manage communications with the COSV, CE&I Team, stakeholders, landowners, and the community regarding the project. • Develop and maintain an email list for those interested in receiving updates about the project if needed. • Distribute regularly scheduled email updates to the contact email list. Travel • Travel to the project area for stakeholder meetings, canvassing, the public meeting, and visits to the project site, as requested by the CE&I Team if needed. • Per -diem meals, lodging, and mileage for one round trip from Missoula to Spokane Valley for a Big Sky Public Relations representative to assist with the public meeting if needed. • Mileage for one (1) round trip by local Big Sky Public Relations project manager to visit the project area for canvassing and public tabling events and to attend the public meeting if needed. Website Updates Create content for a webpage on the COSV's website for the project. • Update the project webpage on the COSV's website if needed. • Post regularly scheduled project updates on the project webpage if needed. Social Media (If Needed) • Manage and monitor social media ads, including Facebook, Instagram, and Nextdoor ads. • Support Jill Smith and the COSV with graphics and responses to comments, as requested. Material Distribution (If Needed) 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, ID 83814-2288 (208) 676-1130 City of Spokane Valley I Pines RD BNSF Grade Separation Construction Management services —Scope ❑ecemler 10, 1024 F)� hd rise c. co m 0 Material distribution before and after the public meeting and stakeholder meetings. Along with distributed supplemental content for the media. Canvassing of the project area before the public meeting/open house if needed. Media Buying & Planning (If Needed) ■ organize and implement the print and digital advertising buys and placements if needed. Media Relations (If Needed) • Track regularly for project mentions and public sentiment in media outlets. • Create and distribute two press releases for the project, one that announces the start of construction and another that announces the completion of the project. • Field project media requests. • Draft talking points and interview preparation if needed. Deliverables • Content for a project webpage on the COWS. website that includes a project logo, map, and other materials deemed relevant. • Updates to the project webpage hosted on the COSV's website, if needed. • Regularly scheduled email and webpage updates informing on the project's progress. • One (1) communication and listening log and contact database. • One (1) project brochure that can be distributed at stakeholder meetings, the public meeting, and available for download on the project website. • Digital advertisements, including Facebook, Instagram, and Nextdoor ads, will be used to announce the project. These ads will also be used throughout the project to inform the public of construction activities. At the end of the project, digital ads will be used to announce the completion of the project if needed. • Display boards featuring project information to be presented at the public meeting/open house. 610 West Hubbard Avenue, , Suite 227, , Coeur d'Alene, la 83814-2288 (208) 676-1130 Exhibit B CONSULTANT NAME: HDR Inc. PROJECT NAME: Pines Road/ BNSF Grade Separation (Phase 1) KEY NO. 223 A. SUMMARY ESTIMATED MAN -DAY COSTS 1 Principal In Charge 2 Project Manager 3 Design Lead 4 Lead Insepetor 9 Pile Observer 10 WA Transportation Business Group Manager 11 Quality Records Coordinator 12 Accounting B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD 'total Raw Labor $74,841.28 C. NET FEE $74.841.28 E. ESCALATION (Including Sub Consultants Labor) $214.337.94 F. OUT-OF-POCKET EXPENSES Man -Days Man -Hours Raw Labor 1.00 = 8.00 @ $105A7 = 27.75 = 222,00 @ $57.00 = S12„654.00 2,50 = 20.00 578A6 = $1,669,20 1,00 = 8.00 $45.76 = $366.08 140.25 = 1122.00 $51.50 = 557,783.00 0,13 = L00 @ $136.20 = $136.20 0.13 = 1.00 L $51.44 = $51,44 4,00 = 32.00 @ $45.00 = $1.440.00 176.75 1414.00 TOTAL RAW LABOR COST = $74,841.28 Overhead Rate X 158.39% _ $118,541.10 X 28.0% = $20,966.56 X 4.0% $8,573.52 HDR TOTAL ESTIMATED EXPENSE" _ $25„798.90 HDR Subtotal - $248,710.36 G.SUBCONSULTANTS Big Sky D = $10,197.67 Simpson = $41,568,34 Widener D = $46,662.86 TOTAL = $347,139.23. ' See attached Direct Expenses tar HDR Ine. Exhibit B iULTANT NAME: HDR Inc. 'ROJECT NAME: Pines Road) 9NSF Grade Separation (Phase 1� KEY NO. 223 F. OUT-OF-POCKET F-XPENSES SUMMARY Estimated Unit Cost Estimated Expense Unit Amount Expense Comment. 1 Printing (8.5x11) Sheets 50 a $ 0.05 = S 2.50 2 Printing (8.5)c11 Color) Sheets 50 a $ 0.16 = 5 8.00 3 Printing (11x17) Sheets 20 a $ 0.10 = 5 2.00 (20 weeks' 402 Mlles RT) « (20 4 Printing (11x17 Color) Sheets 20 a $ 0.32 = S 6.40 Miles' 100 Days) = Pile Observer 5 Mileage Miles 10,040 A S 0.750 = $ 7,530.00 16 Meals Day 100 @ $ 55.50 = $ 5.550.00 24 Hotel Day 100 C $ 127.00 - S 12,700,00 Pile Observations 1 day per pllmg HDR Inc. Total Estimated EVenses $ 25,798.90 Exhibit S CONSULTANT NAME: Big Sky PROJECT NAME. Pines Road/ BNSF Grade Separation (Phase 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 19 CEO 1.0 @ $ 67.00 = $67.00 20 CXO 12.0 @ $ 50.00 = $600.00 21 Account Manager 10.0 @ $ 38,00 $380.00 22 Graphic Designer 5.0 @ $ 26.00 = $130.00 'See Attached Labor Hour Estimate 28.0 SUBTOTAL RAW LABOR COST $1,177.00 S. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD Total Raw Labor Cost Approved Rate $1,177.00 X 221A7% _ $2,606.70 C. FIXED FEE Total Raw Labor & Overhead Approved Rate $1,177.00 X 28,0% - $329.56 D. ESCALATION (Including Sub Consultants Labor) Rate $4,113.26 X 4.0% = $164.53 E. DIRECT EXPENSE SUMMARY" Estimated Amount Unit Cost Estimated Expense 1 Mileage' 414,0 @ $0.670 = $277,38 2 Per Diem Travel Days 1.0 @ $55.50 = $55.50 3 Lodging 1.0 @ $127.00 = $127.00 4 Advertising - Digital: Facebook, Instagram, and Display 1A @ $500.00 = $500A0 5 Generat Printing (Mailer to 99216-0002, 99206-0O27, 992 4,200.0 @ $0.80 = $3,360.00 6 Public Meeting - Display Boards 5.0 @ $50.00 = $250.00 7 Public Meeting -Snacks 1.0 @ $150.00 = $150.00 8 Hotline 0.0 @ $600.00 = $0.00 9 Invoicing - Elevated Accounting 6.0 @ $200.00 = $1,200,00 TOTAL ESTIMATED EXPENSE _ $5,919.88 As per the "FEDERAL PER DIEM RATES FOR Spokane" TOTAL W $10,197.+67 formslClientTemplate HDR-Estimate-20250109 DRAFT Phase l.xlsx0ig Sky 119=25 Exhibit B CONSULTANT NAME: Simpson PROJECT NAME: Pines Road/ BNSF Grade Separation (Phase 1) KEY NO. 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTE _ Labor Hours Hriy Rate Cast 26 Project Manager 34.0 @ $ 45.00 = $1,530.00 27 Project Surveyor 80.0 @ $ 40,00 = $3,200.00 28 Field Survey Crew 210.0 @ $ 54,00 = $11,340.00 See Attached labor Hour Estimate 324.0 SUBTOTAL RAW LABOR COST = $16,070.00 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAE Total Raw Labor Cost Approved Rate $16,070.00 X 120,00% = $19,284.00 C. FIXED FEE Total Raw Labor & Overhead Approved Rate $16TO70.00 X 28.0% - $4,499.60 D. ESCALATION (Including Sub Consultants Labor) Rate $39,853.60 X 4.0% _ $1,594.14 E. DIRECT EXPENSE SUMMARY" Estimated Amount Unit Cost Estimated Expense 1 Mileage" 180A $0.670 = $120.60 2 Per Diem Travel Days 0.0 @ $44.25 = $0.00 3 Printing (8,5x11) 0.0 @ $0A0 = $0.00 4 Printing (11x17) 0.0 @ $0.15 = $0.00 5 Printing (11x17 Color) 0.0 @ $0.90 = $0.00 As per the "FEDERAL PER DIEM RATES FOR SPOKANE" TOTAL ESTIMATED EXPENSE = $120.60 TOTAL = $41,568.34 formslClientTemplate-HOR_Estimate 20250109 DRAFT Phase I.xlsx\Sfmpson 11912025 Exhibit B CONSULTANT NAME: Widener PROJECT NAME. Pines Road/ BNSF Grade Separation (Phase A) KEY NO, 223 COST ESTIMATE A. SUMMARY ESTIMATED LABOR HOUR COSTS Labor Hours Hrly Rate Cost 34 Project manager 159.0 @ $ 74.00 = $11.766,00 35 Senior Biologist 10.0 @ $ 55.00 = $550.00 36 Project Biologist 9,0 @ $ 32.00 = $288.00 ' See Attached Labor Hour Estimate 178.0 SUBTOTAL RAW LABOR COST = $12,604.00 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAT: Total Raw Labor Cost Approved Rate $12,604.00 X 137.62% _ $17,345.62 C. FIXED FEE Total Flaw Labor & Overhead $12,604.00 D. ESCALATION (Including Sub Consultants Labor) $33.730.82 E. DIRECT EXPENSE SUMMARY- 1 Mileage" 2 Per Diem Travel Days 3 Lodging plus tax 4 Printing (11x17) 5 Printing (11x17 Color) " As per the "FEDERAL PER DIEM RATES FOR SPOKANE" Approved Rate X 30.0% - $3,781.20 Rate X 4.0% - $1,349.23 Estimated Amount Unit Cost Estimated Expense 11,840.0 @ $0.670 = $7,932.80 20.0 @ $55.50 = $1,1%00 20.0 @ $127.00 = $2,540.00 0.0 @ $0.15 = $0.00 0.0 @ $0.90 = $0.00 TOTAL ESTIMATED EXPENSE = $11,582.80 TOTAL = $46,662.86 forts\CiientTemplate_HDR-Est mate_20250109 DRAFT Phase I.AWWidener 1/9/2025 Know what's below Call before you dig Spokane ,,;oOValley- PINES RD EXHIBIT BNSF GRADE SEPARATION ROJECT NO. 223 SCALE: 1" = NTS BY: RPB 105/12/25 (CHECKED BY: EKA 105/12/25 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 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: Bert J Porter Foundation at Innovia Foundation GOVERNING LEGISLATION: SVMP 3.34 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Bert J Porter was a renowned Spokane Valley community member who passed away on November 41", 2020, at the age of 92. In 2017, Mr. Porter donated $34,223 in memory of Bert O. and Ruth Porter of Veradale, WA to fund a number of park improvements including Shade Structures at Greenacres Park and Valley Mission Dog Park and the "Giant Chair" in Discovery Playground. On March 28, 2025, the City of Spokane Valley was informed by Innovia Foundation that Mr. Porter's estate established an endowed foundation that designates the City of Spokane Valley as a beneficiary, among other community organizations. Per the terms of the fund agreement distributions are restricted for the Parks & Recreation Department for capital improvements that provide a public benefit to the community. Additional restrictions and preferences include "physical items for Parks & Recreation Department projects and park improvements" and "preference for the areas currently referred to as Veradale, Opportunity, and Dishman." The fund had $61,722 available for distribution during the current fiscal year which ends June 30, 2025. The City's first distribution from the Bert J. Porter Foundation was received on May 5, 2025, in the amount of $52,404.32. These funds will pay for a sport court pad, connecting pathway, and drainage gallery for a new Soccer Mini Pitch at Greenacres Park. The funds received from the Bert J Porter Foundation will leverage an additional donation from the Seattle Sounders' RAVE Foundation to complete the Soccer Mini Pitch, exactly like the one donated in 2024 for Balfour Park. Ordinance #17-009 adopted by the Council in June 2017 requires that the City Manager report to the Council the acceptance or rejection of donations. In accordance with this requirement, the purpose of this report is to communicate the City's acceptance of a donation in the amount of $52,404.32 from the Bert J. Porter Foundation at Innovia Foundation and the Seattle Sounders' RAVE Foundation to complete the Soccer Mini Pitch. Staff has also invited Shelly O'Quinn, CEO at Innovia Foundation, to talk to Council about the Bert J Porter Foundation and the several additional beneficiaries throughout Spokane Valley that Mr. Porter's generous endowment will benefit. OPTIONS: RECOMMENDED ACTION OR MOTION: No action required. Page 1 of 2 BUDGET/FINANCIAL IMPACTS: This will result in a future 2025 Budget amendment that increases both revenues and expenses by $52,404.32. STAFF CONTACT: John Bottelli, Parks & Recreation Director ATTACHMENTS: Letter from Innovia Foundation dated March 28, 2025 Letter to Innovia Foundation dated April 22, 2025 Letter from Innovia Foundation dated May 5, 2025 Page 2 of 2 NNOVIA♦ 818 W. Riverside Ave., Suite 650 Spokane, WA 99201 March 28, 2025 John Bottelli City of Spokane Valley Parks and Recreation 2426 N Discovery Place Spokane Valley, WA 99216 Re: Bert J. Porter Foundation at Innovia Foundation Dear John: The City of Spokane Valley has been designated as a beneficiary of the distributable income from the Bert J. Porter Foundation at Innovia Foundation. Your organization has $61,722.00 available for distribution during the current fiscal year which ends on June 30, 2025. If you decide to request a partial distribution or take no distribution this year, the amount available for distribution will be rolled into next year's distributable amount. Per the terms of the fund agreement, distributions are restricted for the Parks & Recreation Department for capital improvements that provide a public benefit to the community. Additional restrictions and preferences include: Preference funding for the areas currently referred to as Opportunity, Veradale and Dishman. Physical items for Parks and Recreation Department projects and park improvement, including but not limited to, drinking fountains, water fountains, spas pads, benches, wrought iron fences, picnic tables, picnic shelters, restrooms and dog parks. This may include trail markers describing the Valley's history and historical sites. The funds could also be combined with other funding groups for projects that benefit the Spokane Valley. Funds will not be provided for any project over $200,000. All projects over $20,000 are required to have a plate or plaque with the name Bert J. Porter Family. To receive this distribution, please submit a request to Innovia Foundation describing how the city proposes to use the funds for the above stated purpose. If you have any questions on the terms of the fund agreement, please do not hesitate to contact the grants team at grants@innovia.org. Sincerely, Collette Jarvelin, Program Officer t (509) 624-2606 m: info@innovia.org w: innovia.org PARKS AND RECREATION DEPARTMENT S� ��� John Boftelli, Parks apicl Recreation Director��il' [,�� 2426 North Discovery Place ♦ Spokane Valley, WA 99216 r� �' 1ley Phone: (509) 720-5200 ♦ Fax: (509) 720-5250 Email: pat-ksaiidi-ec@spokaiievalley.org April 22, 2025 Collette Jarvelin, Program Officer Innovia Foundation 818 W. Riverside Ave., Suite 650 Spokane, WA 99201 RE; Bert J. Porter Foundation at Innovia Foundation Dear Collette, I am thrilled to submit this request for a distribution of $52,404.32 from the Bert J. Porter Foundation for a capital improvement to Greenacres Park in the City of Spokane Valley to construct a "soccer mini pitch" that will serve youth in our community. The soccer mini pitch is a 50' x 100' hard -surface outdoor soccer field with permanent goals, fencing, and long- lasting sport court colored surfacing. This feature was identified as a desired park element through our 2021 Master Plan Update for Greenacres Park (see attached master plan exhibit). This request will also leverage an additional donation from the RAVE Foundation, which is the charitable wing of the Seattle Sounders Professional Soccer Club, who will provide the goals, fencing, and colored surfacing. Combined, the value of this item is approximately $100,000. Additionally, RAVE intends to provide free soccer balls and program curriculum to the Riverbend Elementary School to activate use on the soccer pitch, which will remain free and open to the public as a condition of their donation. The portion funded by the Bert J. Porter Foundation will be used by the city to install the required 50' x 100' asphalt pad and connecting pathway during our Phase 2 Greenacres Park improvement project which is currently under way. We will use the proceeds of the requested distribution to fund and approve a change - order to the current project and our contractor will pave the new pad around the 3rd week of June. The RAVE Foundation will then come in to complete the soccer pitch with the installation of the goals, fencing, and court surfacing after the asphalt has been allowed to cure for at least 30 days. The new soccer pitch will be completed and open to the public in September of this year and will include a plate or plaque with the name Bert J. Porter Family in a style and design acceptable to the Foundation. I wanted to note for your committee that Greenacres Park is also the location of a previous donation to the City from Bert J. Porter in 2017 of a Shade Structure near the playground which includes a commemorative plaque that reads; "In Memory of Bert O. and Ruth Porter of Veradale, WA 1910-2002." Thank you in advance for your grant committee's consideration of our request! Sincerely John Bottelli, D N NOVI A* 818 W. Riverside Ave., Suite 650 Spokane, WA 99201 driving community transformation May 5, 2025 John Bottelli Parks & Recreation Director City of Spokane Vallley 2426 N. Discovery Place Spokane Valley, WA 99216 Grantee Organization: City of Spokane Valley Grant Number: 124444 Check Number: 37055 Fund Name: Bert J. Porter Foundation at Innovia Foundation We are pleased to enclose a grant award in the amount of $52,404.32 from the Bert J. Porter Foundation at Innovia Foundation. The City of Spokane Vallely is designated as a beneficiary of the distributable income from this endowed fund. This grant represents your organization's annual distribution for Innovia Foundation's fiscal year ending June 30, 2024. Per the fund agreement, this grant is restricted to the Parks & Recreation Department for the mini soccer pitch project at Greenacres Park as stated in the request submitted on April 22, 2025. Any other use of these funds needs prior written consent of Innovia Foundation. Cashing the enclosed check constitutes your acknowledgement and acceptance of the terms of the grant. A summary narrative report describing how these funds were used and/or how this project has made an impact in the community is due by July 30, 2026 to grants(�i)-innovia.org. Additionally, we encourage grant recipients to share images and stories for the Greenacres Park mini pitch being utilized in the community so we can share your work in upcoming marketing materials. We encourage grant recipients to appropriately acknowledge our donors for their generosity by referring to this grant as a gift from the "Bert J. Porter Foundation at Innovia Foundation" in any public listing of contributors. Innovia Foundation works to inspire generosity that transforms lives and communities in our region and beyond. We are pleased to provide this support and wish you continued success. Sincerely, Ooll&ette Jarveli , Program Officer Enc. No Federal money was used to make this grant. This donation from a designated fund at Innovia Foundation is being made following receipt of the request and advice of the donor advisor and does not necessarily evidence that Innovia supports the programs and/or policies of the receiving charitable entity. (509) 624-2606 info@innovia.org innovia.org CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 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: 2025 Recreation, Aquatics and Parks Season Preview GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Parks and Recreation Department is gearing up for the upcoming spring and summer seasons. The recreation team is actively recruiting seasonal employees, coordinating programs and special events, and spreading the word about the wide array of activities available across the City's park system. These opportunities include both free community gatherings and registration -based programs, offering budget -friendly options for residents of all ages. To help deliver these services, the recreation division partners with a variety of contracted providers, including those who help operate our outdoor swimming pools. Staff members are closely collaborating with the YMCA to get the pools at Park Road, Terrace View Park, and Valley Mission Park ready to open by mid -June. The parks division kicked off 2025 by accepting shelter reservations and special event applications starting the first business day of the year. The entire department is hard at work ensuring Spokane Valley's parks are in great shape for the busy, warm -weather months ahead. This evening, staff will present the City Council with an overview of what's ahead for the 2025 recreation, aquatics, and park programs, including highlights of what residents can expect in the upcoming spring and summer seasons. OPTIONS: Council Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Recreation programs are designed to cover program expenses through revenues collected. STAFF CONTACT: Kendall May, Recreation Coordinator ATTACHMENTS: PowerPoint Presentation �i Q V1 L 06 ■ O ca cr Q ■ L O O .� (1) L) L O 0 ca O � L ca ca d Y U) Q U) U Q Ot Q Z O LU Q w W w Al 104 COM&K O c� L L Lu C Q �' ry N (L6 (n w W LL cn cn o L a O E E .§ m U 0) (D C� Li n 0 CU cu U N a)a) Qcn cu U O N U -- O) >+ Q' O O (6 (6 L L cl a Q N �_ O O L i 0 E U N a Q O Q Q 0 0�- i O >� C w — .L LL �_ L � � � � o� a� •2- > U r cOn O otf Q � � �; = o � V) w N LLI O U W � N = J •v N U m N (B O Coa O E cli W 0 i co V > L L O in () C� O LV m U cn in L U- L U o _ > >, Om co 0 v . 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