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25-119.00EvergreenStormH2OEastMontgomeryStormwaterRetrofitsContract No. 25-119 AGREEMENT FOR PROFESSIONAL SERVICES Evergreen StormH2O THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Evergreen StormH2O, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2026, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services (with professional liability coverage) Page 1 of 9 Contract No. 25-119 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $286,260 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Aimee Navickis-Brasch, President Phone: (509) 995-0557 Address: PO Box 18912, Spokane WA 99228 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. In addition, Consultant agrees to comply with all provisions of Exhibit E of this Agreement, and all applicable provisions of the City's Grant Agreement with the Department of Ecology, Agreement No. WQC-2025-SpoVal-00037 (the "Grant Agreement"), which is incorporated herein by this reference. Consultant agrees to incorporate all provisions of this Agreement, Exhibit E, and the Grant Agreement in any and all contracts with its subconsultants and subcontractors, and bind them to the same. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense Agreement for Professional Services (with professional liability coverage) Page 2 of 9 Contract No. 25-119 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 for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. The Parties agree that the state of Washington is a third party beneficiary of this contract, and any such contract that the Consultant makes with its subconsultants and subcontractors shall name the state of Washington as a third party beneficiary. 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, the Department of Ecology, or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. Agreement for Professional Services (with professional liability coverage) Page 3 of 9 Contract No. 25-119 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: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five Agreement for Professional Services (with professional liability coverage) Page 4 of 9 Contract No. 25-119 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:VR. E. Evidence of Coverage. 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. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent Agreement for Professional Services (with professional liability coverage) Page 5 of 9 Contract No. 25-119 of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business ReListration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. Agreement for Professional Services (with professional liability coverage) Page 6 of 9 Contract No. 25-119 D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities as they currently exist or as amended, unless lawfully revoked, repealed, or rescinded, or found unconstitutional by a court of competent jurisdiction; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Agreement for Professional Services (with professional liability coverage) Page 7 of 9 Contract No. 25-119 Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U. S.C. § 1681 et seq.). 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services and fee proposal B. Rate Schedule C. Sub consultant scope of services D. Insurance Certificates E. Washington State Department of Ecology Insert Agreement for Professional Services (with professional liability coverage) Page 8 of 9 The Parties have executed this Agreement this CITY OF SPOKANE VALLEY /Z� JA Hohman, City Manager APPROVED AS TO FORM: Ofii o the Attorney Contract No. 25-119 Lr day of , 20 7J5. Consultant: By: Aimee S. Navickis-Brasch Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 9 of 9 EXHIBITA EVERGREEN ExhibitA -Scope of Work �►� STORMH2O v Project: East Montgomery Stormwater UIC Retrofit Design Client: City of Spokane Valley Consultant: Evergreen Storm H2O Contract: 0376 Evergreen No.: 25009 Background and Purpose Evergreen StormH2O (Evergreen) is partnering with the City of Spokane Valley (City) to develop design documents for retrofitting Underground Injection Control (UIC) wells along the E Montgomery Avenue corridor. The project is partially funded by a Water Quality Combined Funding Grant with the Washington Department of Ecology (Ecology). This project will help improve the water quality in the Spokane Valley Rathdrum Prairie (SVRP) Sole Source Aquifer. The City's goal is to maximize water quality benefits to the SVRP Aquifer through the evaluation and design of pretreatment BMPs upstream of existing UIC wells along the E Montgomery Avenue corridor. This includes designing retrofits for a minimum of 24 UIC wells to treat stormwater runoff from a contributing area of approximately 15 acres of pollution -generating impervious surface (PGIS). The previously completed 10-percent scoping documents will serve as a foundation to identify retrofit opportunities using the City's scoring methodology which has been accepted by Ecology. These project goals will be achieved by completing the following: • Reviewing existing information, developing necessary permit documentation for the project and site conditions (Task 2), and completing site reconnaissance (Task 3). • Develop a site selection criteria and customized BMP design criteria to review and apply to UIC well retrofit sites within the project extents and confirm which sites will advance as part of the Ecology Design Report and 90-Percent Design Package (Task 3). • Develop design documents (Plans, Specifications, and Estimate) through a 90-percent Level, including an Ecology Design Report, that meet the requirements in the Ecology grant agreement (Task 3). • Maintain, develop, and submit project documentation to complete Ecology grant administration (Task 1) and closeout (Task 4) deliverables per the grant agreement. General assumptions are as follows: • The Consultant Team includes Evergreen StormH2O as the Prime Consultant (Consultant) and the following as Subconsultants: Historical Research Associates (HRA) (Task 2, if needed) and TD&H Engineering (TD&H) (Task 3). • The project geographical area and limits are defined in Exhibit C. • Utility coordination (e.g., communication regarding project progress and opportunity for comment at key milestones) will be conducted by the City. The surveyor will coordinate utility locates for topographic mapping fieldwork and basemap development. • Potholing will be completed after the 90% Design Deliverable, and is not part of this contract. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design Exhibit A -Scope of Work • Consultant Team personnel that are conducting survey or subsurface work shall submit their own public utility locate request(s) in advance of work, per RCW 19.122. • All property owner coordination will be conducted by the City. • Within this document, references to the SWMMEW refer to Ecology's 2024 Stormwater Management Manual for Eastern Washington and references to the SRSM refer to the 2008 Spokane Regional Stormwater Manual. • Construction cost estimates will be provided in the current year's construction dollars and will not be inflated for future construction. • Construction cost estimates will include a contingency consistent with the design level for which it was developed. • Site restoration design will be limited to matching in -kind site conditions and will not be stamped by a Professional Landscape Architect. • Project specifications will not be developed until the 90% Design Package. • The 90-Percent Design Package will be completed including written acceptance by Ecology by June 30, 2026. The contract term will expire December 31, 2026. The end date defined in the City of Spokane Valley's grant agreement with Ecology for this project work is June 30, 2027. • This scope of work assumes all interim and final deliverables will be provided electronically and shared via email attachment or through a dedicated project site hosted and managed by the Consultant. • The City will provide review feedback on draft deliverables as one (1) consolidated set of comments within a mutually agreed -upon timeframe to be determined globally at the project kickoff meeting, or by deliverable, as appropriate. • The Consultant will perform the services described up to the amounts described in Table 1. If additional effort is needed, Evergreen will coordinate with the City prior to starting the additional work to discuss an Amendment to the Scope of Work. • The City will upload the signed and dated consultant contract into EAGL and confirm the contract includes Ecology's standard contract clauses and/or specification insert. The City will notify Ecology once the contract (Deliverable D3.1) is uploaded to EAGL. Task 1 Grant and Loan Administration This task includes all work related to administration of the City's grant agreement with Ecology. Consultant Services Project Documentation o Maintain all project records, submit requests for reimbursement and corresponding backup documentation, progress reports and payment requests (PRPRs) and the EAGL recipient closeout report. Project Coordination o Coordinate with EcoLogyto confirm project documentation status and reporting needs are met and available upon request. o Maintain up-to-date staff contact information in the EAGL system. City Responsibilities • Provide the Consultant Team access to the City's EAGL portal for uploading grant deliverables. City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 2 M v Exhibit A —Scope of Work Provide final authority and responsibility for oversight and management of the funding agreement with Ecology. The City is responsible for finalizing and submitting the progress reports and Closeout Report and notifying Ecology of the deliverable status. Assumptions Progress reports will be uploaded quarterly by the Consultant by the 15" day after the quarter ends and the Consultant will email the City to notify them of the upload. The recipient closeout report will be completed in the EAGL Form and the Consultant will email the City to notify them when it is completed and ready for review. Deliverables • D1.1 Progress Reports (PDF) • D1.2 Recipient Closeout Report (Web App Submittal) Task 2 Cultural and Environmental Review This task includes all work required to develop cultural and environmental documentation required in the Ecology grant agreement. Consultant Services • Cultural Resources Forms o Coordinate with the City and Ecology, as needed, and complete a Cultural Resources Review Form for the project. o Coordinate with the City and Ecology, as needed, and complete an Inadvertent Discovery Plan (IDP) for the project. o Revise the Cultural Resources Forms as necessary to secure an Acceptance Letter from Ecology. o Prepare for and attend meetings with the City and Ecology to discuss project deliverables during review periods • SEPA Checklist o Coordinate and complete the SEPA Checklist for the project. o Coordinate and revise the SEPA Checklist following the City and Ecology review, and public comment periods, to complete the Final Determination. o Prepare for and attend two (2) joint meetings with the City and Ecology to discuss project deliverables during review periods City Responsibilities • Coordinate and facilitate the SEPA Checklist public comment period. • Facilitate coordination with Tribes or Tribal agencies, if needed. Assumptions • The City and Ecology will review all documents concurrently. Ecology's review period for the Cultural Resources Review Form and IDP will be a maximum of 45 calendar days. City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 3 M V Exhibit A - Scope of Work • The Cultural Resources Review Form (Deliverable D2.1) will be completed using the current Ecology template available on Ecology's website. The Draft Form will be emailed by the Consultant to the Ecology Project Manager for review and will not be uploaded to EAGL. If revisions are needed following review, the Consultant will email the Final Form to Ecology for the project record. • This task budget includes four (4) joint meetings with the City and Ecology for coordination related to the project deliverables during review periods (two (2) meetings each for the Cultural Resources deliverables and the SEPA Checklist deliverables, respectively). Each meeting is assumed to be virtual and one hour (1 hour) in length, as well as time for preparing and developing meeting minutes. • The Draft IDP will be emailed to the Ecology Project Manager for review and the Final IDP (Deliverable D2.2) will be completed using the current Ecology template available on Ecology's website. It will be uploaded by the Consultant to EAGL once approved by Ecology. • The SEPA Checklist (Deliverable D2.3) and accompanying documentation will be uploaded to EAGL by the Consultant and the Consultant will notify Ecologyvia email when the official comment period begins. • The SEPA Checklist will be completed during the 90-Percent Design (Task 3E). The public comment period will be 14 calendar days and will occur concurrently with Ecology Project Manager review. • The Final SEPA Determination (Deliverable D2.4) will be uploaded to EAGL by the Consultant and the Consultant will notify Ecologyvia email. • The SEPA Checklist and Final Determination will be uploaded to EAGL by the Consultant prior to Ecology accepting the 90-percent design. Deliverables • D2.1 Cultural Resources Review Form (PDF) • D2.2 Inadvertent Discovery Plan (PDF) • D2.3 SEPA Checklist (PDF) • D2.4 Final SEPA Determination Task 3 Design Plans and Specifications This task includes the work required to develop the project design deliverables required in the Ecology grant agreement. The task will begin with collecting data to support initial work on the project, followed by assessing and confirming water quality BMPs that will meet the project goals; defining the requirements, parameters, and criteria that will be applied during the project design; and developing and analyzing alternatives for selection to advance in design. Following alternative selection, this task also includes developing design documents up to the required 90% Design Package, including Plans, Specifications, and Cost Estimate (PS&E), as well as an Ecology Design Report. Task 3A Pre -Design and Data Collection Consultant Services • Collect and review available data and records associated with the E Montgomery Ave corridor work. This is expected to include: City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 4 Exhibit A - Scope of Work o GIS data of the City's stormwater system, basins, other utilities, and physical features (including LiDAR and aerial imagery) in the project vicinity. o Inspection, maintenance, and/or drainage complaint records for UIC drywells and other stormwater infrastructure. o Drainage reports and/or as -built record drawings for relevant work completed in the project vicinity. o Published local planning documents (e.g., the City's current Stormwater Management Program Plan, 2022 Stormwater Utility Program Master Plan, 2025-2030 Stormwater Improvement Program [SIP]). o Original files and data used to create the 10-percent scoping package. • Conduct a site visit to collect missing data and confirm/document site conditions. Develop hydrology of the contributing basins (delineation work described in Task 3B) using available data collected as part of this task. This will consist of developing the water quality design storm distribution using soils, slopes, land cover, precipitation, and other data collected as part of this task. • Coordinate with the subconsultant (TD&H) to complete topographic survey of the project extents. Subconsultant Services (TD&H) • Coordinate and provide a topographic survey, right -of -way -impact analysis, and basemap of the project area, as described in Exhibit C. City Responsibilities • Arrange for site access (if needed) for Consultant Team personnel. • Complete locates for all City utilities, if needed. Assumptions • Requested documents, records, and information will be provided in an electronic format and the data will be accurate and complete. Where data is inaccurate or incomplete, the Consultant will work with the City to identify a reasonable level of effort and/or assumptions to address data gaps. • The budget includes mileage and travel time for one (1) site visit for two (2) staff to conduct a site visit for up to 16 hours total. • The Right -of -Way Impact Analysis work described in Exhibit C is anticipated to occur following completion of Task 3B, once all sites that will be advanced as part of the design documents have been confirmed and those select requiring the impact analysis have been individually identified. Additional assumptions related to the surveying portion of this task are included in Exhibit C. • Meetings with the City and Ecology will be held virtually. Deliverables • Data Request List (Email) Draft and Final topographic survey basemap and DTM (in AutoCAD Civil3D 2025 or compatible format) • Stamped survey sheets for inclusion in plan set (PDF) ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 5 M V Exhibit A -Scope of Work Task 3B UIC Retrofit Selection Consultant Services • Review the existing 10-percent project scoping documents developed by the City compared with the survey basemap and data collected as part of Task 3A. This will include a desktop level confirmation of basin areas delineated bythe City. • Develop a site selection criteria to evaluate the proposed BMP options' feasibility at each site, which is expected to include: o Confirming BMPs will fit by comparing proposed BMP footprint to available right-of- way and conflicts (e.g., utilities, trees, existing infrastructure). o Assess maintenance needs, including access. o Assess UIC well relocation potential, if needed to accommodate BMP installation. • Review the site selection criteria with the City and customize as needed. • Create simple sizing tools to assess BMP footprints as a function of contributing area and known BMP performance factors. These tools will be developed in Excel or a similar program. For sites where a proposed BMP may need to be revised, the sizing tools will be applied to evaluate alternative BMPs to determine whether they can provide the same, reduced, or no water quality benefit. • Apply the site selection criteria to confirm sites where design can proceed as planned in the 10-percent documents, sites where the proposed BMP may need to be revised, and/or eliminate sites that are unsuitable for retrofit. • Prioritize remaining UIC well sites by water quality benefit and rank them consistent with the 10-percent documents. Part of this process will include confirming the proposed sites that will advance in design will meet the goals of the grant agreement. • Review and develop a summary of project design requirements for the selected BMPs that will advance in design. This is expected to include: o Identifying applicable requirements, including criteria, parameters, and assumptions relevant to the design methodology of the identified stormwater treatment BMPs. The primary design guidance is expected to be the SRSM, with secondary guidance from the SWMMEW for this Ecology grant -funded project; however, other manuals or guidance (such as the WSDOT Hydraulics Manual for conveyance design) will be reviewed and included, if necessary. o Developing a draft summary of the applicable requirements, which will be used in the alternatives analysis and the design. The draft summary will be provided to the City for review and comment. o Customizing the design requirements summary with any City or Ecology comments on the draft. Customization could include modifying or adding any items that differ from those defined in the requirements (e.g., using a more stringent design storm, applying a unique site suitability criteria for specific BMPs). Once finalized, the design requirements will serve as a guide confirming that the design team, the City, and Ecology are on the same page and share a common understanding before the alternatives are developed. • Review data collected in Task 3A to identify whether specific sites that have been selected to advance the design may have UIC wells that are not performing as expected and make recommendations for drywell testing and/or areas for geotechnical testing and/or recommendations. City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design v Exhibit A - Scope of Work • Prepare a summary memo documenting decisions made as part of this task and the UICs selected to advance to 30-percent design. o Create maps illustrating the UIC well sites selected for treatment BMP retrofits. City Responsibilities • Identify any current or proposed ordinance revisions that may impact the project requirements or alternatives development to the Consultant Team. • Provide written (via email) notice -to -proceed for reserve budget work, if needed, prior to work beginning. Assumptions • Meetings with the City and Ecology will be held virtually. • The water quality benefits identified in the City's 10-percent scoping documents will be assumed as representative unless they are modified due to BMP revision as described in this task. • The summary memo will be a maximum of two (2) pages in length, excluding tables and/or graphics. • The maps developed will be included as attachments to the summary memo. All maps will be 11x17 and up to five (5) maps will be developed to illustrate proposed improvements across the project extents. • If drywell testing is needed, the Consultant Team will work with the City to develop a scope and budget amendment to cover the work. Deliverables • UIC Site Selection Criteria (PDF) • List of Proposed BMPs for selected UIC Sites (Excel) • Criteria and Assumptions Summary Table (PDF) • Drywell Testing Results and/or Geotechnical Recommendations, if needed (PDF) • Summary Memo (Word and PDF) • Project Improvements Maps (PDF) Task 3C Design Report and 30-Percent Design Package (Plans and Estimate (P&E)) Consultant Services • 30-Percent Design Plans o Develop a 30-percent design plan set illustrating the proposed improvements and areas of impact. This is expected to include: ■ Advancing the selected BMP alternatives from the 10-percent scoping documents. ■ Develop plan set which is expected to include the following sheets: • Two (2) General project (cover, legend and abbreviations, and construction notes), • Up to thirteen (13) Existing Conditions Survey Control, • Up to thirteen (13) Temporary Erosion and Sediment Control (TESC), • Up to thirteen (13) Site Plan, • Up to thirteen (13) Site Restoration. City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 7 M V Exhibit A - Scope of Work o Revise and refine BMP sizing with calculations and/or modeling consistent with the Design Requirements Summary. o Identify utilities and/or property or ROW that maybe impacted by proposed improvements. 30-Percent Engineer's Opinion of Probable Cost (Cost Estimate) o Perform quantity takeoffs on the preliminary design developed as part of the 30-Percent Design Plans to support the construction cost estimate. o Develop a 30-percent construction cost estimate based on quantity takeoffs and researching, reviewing, and applying available unit costs. • Design Report o Write and develop the project Draft Design Report. This is expected to include: Writing the report to follow current guidance, requirements, and outlines published by Ecology (at the time of this scope: most recently updated in August 2024). Documenting the anticipated water quality benefit(s) provided by the project. o Facilitate a meeting between the City and Ecology to provide an overview of the project and deliverable documents and discuss any questions and/or concerns prior to Ecology beginning its review. o Respond to comments from Ecology on the Draft Design Report. This is expected to include: Providing responses to all comments issued by Ecology. This may include facilitating additional meetings with Ecologyto clarify and/or confirm comments are addressed adequately. Revising the Draft Design Report to address Ecology's comments. Making the above revisions to a level satisfactory for Ecology to issue an Acceptance Letter prior to beginning the next phase of design. o Prepare for and attend meetings with the City and Ecology to discuss design deliverables during review periods. City Responsibilities • Provide a current City title block and any City CAD standards, if applicable. • If not provided directly to the Consultant by Ecology, forward all comments made by Ecology for submitted deliverables. Assumptions • Pipe or BMP profiles will not be provided at 30-percent design. The design and any details will be consistent with a conceptual level needed to communicate design concepts. • Any modeling completed for BMP sizing will be using a modeling software allowed per the SRSM orSWMMEW. • Sheet types may be adjusted depending on project needs and scale applied as project progresses. Sheet counts listed are total maximums for each deliverable. If additional sheets are needed beyond these totals, the work will be negotiated with the City before it begins. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 8 0= Exhibit A— Scope of Work • 30-percent plans will be developed following completion of topographic survey and basemap development. • The City and Ecology will concurrently review the 30-Percent Design Package. • The Consultant will prepare responses to all City comments on the 30-Percent Design Package. The responses will describe how the comment will be addressed as part of the 60-Percent Design Package. There will be no reissuance of the 30-Percent Design Package. • The following pertain to the Design Report: o Ecology's review period will be maximum 45 calendar days. o A separate Drainage Report will not be required to supplement the Design Report. o The Design Report will be approximately 20 pages, plus appendices. o The 30-Percent Plans and Cost Estimate will be adequate to meet the "Preliminary Plan Sheets" and "Engineer's Opinion of Probable Cost" described in Ecology's Design Deliverables Guidance. o Project element graphics (e.g., basin delineations, work limit extents, etc.) will be formatted within the layouts provided in the 30-percent plans. No additional maps or graphics will be developed. o The Draft Design Report will be submitted to Ecology for review and comment. The Consultant will address Ecology's comments however the Design Report will not be updated and resubmitted to Ecology, consistent with grant requirements. A revised Final Design Report will be provided to the City as part of the 90% Design Package, for their records. o This task budget includes two (2) joint meetings with the City and Ecology for coordination related to the project design deliverables during review periods. Each meeting is assumed to be virtual and one hour (1 hour) in length, as well as time for preparing and developing meeting minutes. o Design Report (Deliverable D3.2) and accompanying documentation will be uploaded to EAGL by the Consultant and the Consultant will notify Ecologyvia email when the upload is complete. o Responses to Ecology Design Report Comments (Deliverable C3.3) will be uploaded to EAGL and the Consultant will notify Ecology via email when the upload is complete. o The Ecology Design Report Acceptance Letter (Deliverable D3.4) will be uploaded to EAGL and the Consultant will notify Ecology via email when the upload is complete. Deliverables • 30-Percent Design Package (P&E) (PDF) • 30-Percent Design Package Comment Response Log (Excel) • D3.2 Ecology Design Report (Word and PDF) • D3.3 Ecology Design Report Comment Responses (Word and PDF) Task 3D 60-Percent Design Package (P&E) Consultant Services • 60-Percent Design Plans o Advance the 30-percent design plan set to a 60-percent design level illustrating the proposed improvements. This is expected to include: ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design M v Exhibit A - Scope of Work Incorporating and addressing City and Ecology comments on the 30-Percent Design Package submittal and advancing the design accordingly. This will include advancing the design with refinements in modeling and BMP sizing. Revising the plan set to include the following sheets: • Three (3) General project (cover, legend and abbreviations, and construction notes), • Up to thirteen (13) Existing Conditions Survey Control, • Up to thirteen (13) Demolition, • Up to thirteen (13) Temporary Erosion and Sediment Control (TESC), • Up to thirteen (13) Site Plan and Profile, • Up to four (4) Detail, • Up to thirteen (13) Site Restoration. o Continue utility and property coordination, as needed, to confirm and address identified conflicts as the design progresses. o Conduct site visit to confirm proposed design within site conditions. • 60-Percent Cost Estimate o Advance and update the 30-percent construction cost estimate to a 60-percent design level. City Responsibilities • If not provided to the Consultant by Ecology, forward the Design Report Acceptance Letter for project records and confirmation of schedule. Assumptions • The 60-percent cost estimate will denote bid items that can be addressed with a standard specification and those that are anticipated to require a special provision (to be developed as part of the 90-Percent Design Package). • Sheet types may be adjusted depending on project needs and scale applied as project progresses. Sheet counts listed are total maximums for each deliverable. If additional sheets are needed beyond these totals, the work will be negotiated with the City before it begins. • The budget includes mileage and travel time for one (1) site visit for two (2) staff to conduct a site visit for up to 16 hours total. • The Consultant will prepare responses to all City comments on the 60-Percent Design Package. The responses will describe how the comments will be addressed as part of the 90-Percent Design Package. There will be no reissuance of the 60-Percent Design Package. Deliverables • 60-Percent Design Package (P&E) (PDF) • 60-Percent Design Package Comment Response Log (Excel) Aw City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 10 .... Exhibit A —Scope of Work Task 3E 90•Percent Design Package (PS&E) Consultant Services • 90-Percent Design Plans o Advance the 60-percent design plan set to a 90-percent design level illustrating the proposed improvements. This is expected to include: Incorporating and addressing City comments on the 60-Percent Design Package submittal and advancing the design accordingly. This will include advancing the design with refinements in modeling and BMP sizing. Revising the plan set to include the following sheets: • Three (3) General project (cover, legend and abbreviations, and construction notes), • Up to thirteen (13) Existing Conditions Survey Control, • Up to thirteen (13) Demolition, • Up to thirteen (13) Temporary Erosion and Sediment Control (TESC), • Up to thirteen (13) Site Plan and Profile, • Up to six (6) Detail, if needed, • Up to thirteen (13) Site Restoration, • Up to two (2) Site Restoration Detail, if needed. o Continue utility and property coordination, as needed, to confirm and address identified conflicts as the design progresses. • 90-Percent Specifications o Develop project specifications consistent with a 90-percent design level. • 90-Percent Cost Estimate o Advance and update the 60-percent construction cost estimate to a 90-percent design level. • Project Schedule o Develop a proposed project schedule indicating design and anticipated construction milestones, as well as Ecology deliverable reviewtimes and the grant agreement deadline. • 90-Percent Design Package Deliverable Memo for Ecology o Develop a one -page (1-page) memo listing each item required by Ecology as part of the 90-Percent Design Package Deliverable, and its location (page number) within the packaged Deliverable. o Prepare for and attend meetings with the City and Ecology to discuss design deliverables during review periods. • Design Report o Revise and finalize the Draft Design Report to reflect advancements made as part of this subtask. o Confirm water quality benefit calculations (previously completed as part of the Ecology Draft Design Report) as task work approaches 90-Percent Design Deliverables. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 11 M �I Exhibit A -Scope of Work 90-Percent Design Package Status Memo o Develop a memo (maximum two [2] pages) describing the status of the 90-Percent Design Documents and listing specific items to be revised, addressed, or otherwise developed before the Final Bid Package is completed. • Funding Recognition for Ecology o Develop funding source recognition materials to be included in the plans and/or specifications meeting the requirements in Ecology's Stormwater Deliverables Guidance document (revised August 2024). City Responsibilities • Provide a Word document of current City Specifications. • Procure materials and solicit advertisement for selected Funding Recognition option. Assumptions • Ecology's Design Report Acceptance Letter must be received prior to beginning the 90-Percent Design Package. • The City and Ecology will concurrently review the 90-Percent Design Package. • This task budget includes two (2) joint meetings with the City and Ecology for coordination related to the project design deliverables during review periods. Each meeting is assumed to be virtual and one hour (1 hour) in length, as well as time for preparing and developing meeting minutes. • Ecology's review period will be a maximum of 45 calendar days. • The following pertain to the specifications: o Specifications will be developed for bid items included in the 90-Percent Cost Estimate. o Specifications will be written in Washington State Department of Transportation (WSDOT) format and reference American Public Works Association (APWA) of Washington general special provisions, where applicable. o Division 1 specifications will be developed; however, they will not be customized for the project because of changes that may occur following the 90-Percent Design Deliverable. It is expected that these details will be addressed between the 90-Percent Design and Final Bid Packages. o A Draft List Special Provisions will be developed, as necessary, for nonstandard bid items. It is anticipated that draft content for the listed items will be developed between the 90-Percent Design and Final Bid Packages. o Project specifications will include the current version of the two (2) Ecology - required inserts described in the Stormwater Project Deliverables Guidance ("Stormwater Grant/Loan Program Bid Specification Clause" and "Stormwater Grant/Loan Program Bid Insert"). • Sheet types may be adjusted depending on project needs and scale applied as project progresses. Sheet counts listed are total maximums for each deliverable. If additional sheets are needed beyond these totals, the work will be negotiated with the City before it begins. • The 90-percent cost estimate will denote bid items that are addressed with a standard specification and those that require a special provision. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 12 M V ExhibitA - Scope of Work • All figures will be reduced to 11 x17 inches for the 90-Percent Design Package Deliverable. • The Consultant will prepare responses to all City comments on the Draft 90-Percent Design Package and will update the 90% Design Package accordingly and resubmit it as the Final 90-Percent Design Package. The responses will describe howthe comments were addressed as part of the revisions to the Draft 90-Percent Design Package. • Once the Ecology Acceptance Letter of the 90-Percent Design Package Deliverable has been secured, the work will be considered complete. The 90-Percent Design Package Status Memo will be developed summarizing next steps to be addressed between the 90- Percent Design and Final Bid Packages. • The following pertain to the Ecology Grant Deliverables: 0 90-Percent Design Package (Deliverable D3.5) and accompanying documentation will be uploaded to EAGL by the Consultant and the Consultant will notify Ecology via email when the upload is complete. o Responses to Ecology 90-Percent Design Package Comments (Deliverable D3.6) will be uploaded to EAGL by the Consultant and the Consultant will notify Ecology via email when the upload is complete. o The Ecology 90-Percent Design Acceptance Letter (Deliverable D3.7) will be uploaded to EAGL bythe Consultant and the Consultant will notify Ecologyvia email when the upload is complete. o Preliminary project shapefiles (Deliverable D3.8) and will be uploaded to EAGL by the Consultant and the Consultant will notify Ecology via email when the upload is complete. Deliverables • D3.5 90-Percent Design Package (Draft and Final), to include: 0 90-Percent Plans, stamped, but not sealed, by a Professional Engineer licensed in the State of Washington (PDF) 0 90-Percent Specifications (Word and PDF) 0 90-Percent Engineer's Opinion of Probable Cost (Cost Estimate) (Excel and PDF) o Project Schedule (PDF) o Revised Calculation of Water Quality Benefit (if changed during 90% design) (PDF) o Ecology Deliverable D3.4 Ecology Design Report Acceptance Letter (PDF) 0 90-Percent Design Package Deliverable Memo (PDF) • D3.6 Responses to Ecology 90-Percent Design Package Comments (PDF) • Final Design Report (Word and PDF) • Responses to City Comments on 90-Percent Design Package (Word or Excel) • 90-Percent Design Package Status Memo (Word and PDF) • D3.8 Project Shapefiles (GIS geopackage) • Funding Recognition Materials (PDF) Task 3F Project Management and Administration This task covers the management, administration, and coordination of the work by the Consultant Team as defined in this Contract, including project management, preparation of monthly invoices, project schedule maintenance, and overall coordination with the City. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 13 M V Exhibit A- Scope of Work Consultant Services • General Project Coordination o Set up and close out the consultant contract. o Coordinate and manage the project team (including subconsultant(s)) in the successful completion of the scope of work tasks. o Prepare and manage the project schedule. o Develop and manage a project SharePoint site for sharing project documents with the City. o Prepare amendments to this contract if needed. • Invoicing o Prepare and electronically submit monthly invoices with attached monthly status reports describing the following: ■ Services completed during the month ■ Services planned for next month ■ Need for additional information ■ Scope/Schedule/Budget issues, if applicable ■ Schedule update and financial status summary • Monthly Check -In Meetings: o Prepare for and attend one (1) hour monthly check -in meetings for the duration of the project. o The purpose of these meetings is to review the project status with the City (work completed since previous meeting), review work planned, provide schedule updates, and collect the City's feedback. o The first meeting will be a two (2) hour project kickoff meeting. The purpose of this meeting is for the Consultant Team to meet City Stormwater Staff and discuss the following items: ■ The City's project goals and vision for the project results ■ Confirm the project schedule ■ Develop a communication plan ■ Identify all local requirements that may impact project work ■ Discuss data needed vs. available and develop a plan for transferring data to the Consultant Team o Materials to be developed for these meetings include an agenda, meeting notes, and an action item list. City Responsibilities • Provide input on the scope, priority of tasks, schedule, and budget. • Process payment of invoices within 30 calendar days of invoice. • Attend all meetings. • Review and process contract change requests and amendments, if needed. Assumptions • The project duration will be up to thirteen (13) months starting after the contract is executed. City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 14 I-Aw Exhibit A -Scope of Work • The project schedule shown in Figure 1 is a draft schedule and the project schedule will be finalized after the contract is executed and during the project kickoff meeting. • Invoices will be the Consultant Team standard invoice format, submitted electronically. The budget assumes thirteen (13) invoices and status reports over the project duration. • All meeting notes will be in a bulleted format and limited to a summary of the meeting discussion, decisions made, and action items. • Monthly status reports will also be used as the check -in meeting agenda. • Project check -in meeting agendas and meeting notes will be emailed to the City within a mutually agreed upon schedule determined at the project kickoff meeting. • The budget assumes only the kickoff meeting with the Consultant Team will be held in person and the other 12 check -in meetings with the Project Manager will be held virtually. • Travel time and mileage is included in the budget for the single in -person meeting. Deliverables • Quarterly Payment and Progress Reports (PRPRs), as part of Task 1 (PDF) • Monthly Progress Reports (PDF) • Project Schedule and Updates (PDF) • Project Check -in Meeting Agendas, Minutes, and Action Items (Word) Task 4 Project Close Out The task includes all work to complete Ecology grant close out documents. Consultant Services After completion of deliverables, work with the City to prepare the final paperwork to close out the project with Ecology. o Prepare project close out report (Deliverable D1.2). o Develop an outcome summary report documenting the completed project work, referencing information for the 90-Percent Design Package Memo, including graphics, to demonstrate the final project status. • Address City comments on draft versions of close out documents to develop the final versions, then upload the documents to EAGL. City Responsibilities The City is responsible for finalizing and submitting the Outcome Summary Report and notifying Ecology of the deliverable status. Assumptions • The Outcomes Summary (Deliverable D4.1) will be up to two (2) pages and will be uploaded to EAGL by the Consultant and the Consultant will email the City to notify them of the upload. • The Closeout Report will be completed in accordance with Task 1 (Deliverable D1.2). Deliverables • D4.1 Outcome Summary Report (PDF) City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 15 M V Exhibit A - Scope of Work Fee Summary & Project Schedule The fees are based on the scope of services defined in this document and associated assumptions. The professional services are based on a time and materials basis and are shown in Table 1. All expenses will be billed at cost plus a 5% markup. Any modifications to the scope or requests for additional services will be agreed upon prior to proceeding. This schedule assumes the project work outlined in this document will be completed by June 30, 2026. If work extends beyond this date, a cost modification may be required. A rate schedule for the project is provided in Exhibit B. Evergreen's rates automatically adjust July 1 each year. The fees and schedule of this SOW expire 30 calendar days from printing. Table 1: Fee Summary Task Task 1 Grant and Loan Administration Fees $ 3,210 Task 2 Cultural and Environmental Review $11,510 Task 3 Design Plans and Specifications $ 269,590 Task 4 Project Close Out $1,950 Total $ 286,260 A preliminary project schedule is provided in Figure 1. The schedule identifies tasks, subtasks, and Ecology grant deliverables. The schedule may be revised and finalized during the project kickoff meeting. ww City of Spokane Valley East Montgomery Stormwater UIC Retrofit Design 16 Exhibit A- Scope of Work Figure 1. Preliminary Project Schedule 2026 OctProject Task June July Aug Sep DecApr May June Task 1. Grant Administration D1.1 Progress Reports p D C) D'+ D1.2 Recipient Closeout Report I I D ° Task 2. Cultural and Environmental Review D2.1 Cultural Resources Review Form p; D2.2 Inadvertent Discovery Plan (IDP) p „VERB ; D2.3 SEPA Checklist D2.4 Final SEPA Determination Task 3. Design Plans and Specifications 3A Pre -Design and Data Collection i 3B UIC Retrofit Selection 3C Design Report & 30-Pct Design Package D3.2 Ecology Design Report D D3.3 Responses to Ecology Report Comments 3D 60-Percent Design Package 3E 90-Percent Design Package D3.5 90-Percent Design Package D3.6 Responses to Ecology 90-Pct Comments D3.8 Project Shapef Res 3F Project Management & Administration Task 4. Project Close Out D4.1 Outcome Summary Reports } Consultant Work I ur Ecology & City Review 19 City Review I D: Ecology Deliverable I P: Public Comment I *: Optional Drywell Tests/Geotech Recs Note: Ecology Deliverable D3.1 (executed consultant contract) will be uploaded by the City and Ecology Deliverables D3.4 and D3.7, Acceptance Letters for the Design Report and 90-Percent Design Package, respectively, will be provided by Ecology and uploaded to EAGL following their receipt. These deliverables are not shown on the schedule as they are not provided by the Consultant Team. •"�,w City of Spokane Valley East Montgomery Stormwater Retrofit Design 17 *AV4 ME I I dol EVERGREEN STORMH2O V Exhibit B - Rate Schedule Project: East Montgomery Stormwater UIC Retrofit Design Client: City of Spokane Valley Consultant: Evergreen StormH2O Client Contract No.: 0376 Contract No.: 25009 Rate Schedule The rates in this document are a companion to the scope of services and professional fees defined in Exhibit A, and associated assumptions. Evergreen StormH2O's staff classifications and all-inclusive billing rates for the anticipated periods or work performance are listed in Table 1. Table 1: Actuals Note to Exceed (ANTE) Billing Rates Classification Principal Engineer Hourly ANTE Rate Through $ 267.75 Principal $ 252.00 Project Manager $ 218.45 Senior Stormwater Engineer $ 220.00 Project Engineer $ 200.00 Stormwater Engineer in Training $ 124.55 Stormwater Researcher 1 $ 113.59 Stormwater Engineering Technician $ 91.35 Technical Editor $ 146.48 Technical Writer $ 157.50 Accountant $ 141.75 Direct expenses shall be reimbursed as defined in Table 2. Table 2: Reimbursable Expenses Expense Mileage Reimbursement' Current Federal Rate Parking/Tolls At Cost Reproductions At Cost Shipping/Mailing/Printing At Cost Subconsultants At Cost 1. All expenses will be reimbursed at cost plus a 5% markup, unless noted otherwise. ww Spokane Valley East Montgomery Stormwater UIC Retrofit Design 1 Exhibit B - Rate Schedule The following assumptions apply to the rates and expenses for Evergreen's work on this project: • Rate sheet and annual increases will be appropriate and within a Consumer Price Index (CPI) Cost of Living Adjustment (COLA). • Evergreen StormH2O staff rates automatically adjust on July 1 each year. Rate increases will not result in an adjustment to the budget in this contract. • New staff additions and promotions will be within the rate sheet proposed and may require approval from the Client. ww Spokane Valley East Montgomery Stormwater UIC Retrofit Design EXHIBIT C EXHIBIT C 303 East 2nd Avenue Spokane, WA 99202 June 3, 2025 TD& Engineering I Evergreen StormH2O, LLC Kaela Mansfield, Project Manager 11214 North Whitehouse Street Spokane, WA 98218 509.622.2888 tdhengineering.com RE: EAST MONTGOMERY STORMWATER RETROFIT PROPOSAL AND SCOPE OF WORK Dear Kaela, TD&H Engineering is pleased to submit this proposal for surveying and drafting services. Our proposal is based on the project criteria, scope of services, and project schedule as described in the following sections of the proposal. Project Criteria: The proposed project will retrofit approximately 24-30 of the existing drywells along East Montgomery Avenue from Argonne Road to Wilbur Road. The retrofits will include adding water quality treatment facilities prior to the drywells. Evergreen StormH2O will be evaluating the existing stormwater facilities in this corridor and designing the water quality treatment options for the selected drywells, in accordance with the terms of the City of Spokane Valley's grant with the Washington Department of Ecology. The project will result in 90% Design Plans, Specifications and Estimate, with construction to occur in a future project once those funds are secured. Scope of Services: A topographic survey of the project area will be completed. The limits of the topographic survey are from approximately 200 feet east of Argonne Road to the west leg of the roundabout at Wilbur Road and will extend approximately 10 feet behind the existing sidewalks, with a few locations extending up to 15 feet behind the existing sidewalks where bioinfiltration swales are proposed. The topographic survey will be accomplished with an aerial drone, which will provide a georeferenced aerial image of the survey area. This survey will provide linework and symbology generated via photogrammetry for all surface features to an average accuracy of 0.05 feet horizontally and 0.10-0.20 feet vertically, along with an existing ground digital terrain model to the same 0.10-0.20 feet vertical accuracy. This drone survey will be supplemented with conventional topographic surveying for all of the storm structures in the MONTANA I WASHINGTON I IDAHO I NORTH DAKOTA I PENNSYLVANIA June 3, 2025 East Montgomery Stormwater Retrofit Page No. 2 corridor. The conventional survey of the existing stormwater structures would be to 0.01- foot accuracy. In our opinion, linework generated from photogrammetry, and its associated accuracy, would be sufficient for the design scope of this project, since pavement and sidewalk restoration areas would not require grading design, as the replaced surfacing would match existing elevations. We will prepare and provide an electronic file of the survey in AutoCAD 2025 format. This file will include a digital terrain model depicting contours and any other surface features within the survey limits. Prior to the topographic survey, we will request utility locates from the Washington Utility Notification Center for public utilities located within the right-of-way corridor, but we cannot guarantee that all the utility companies will complete the locates for a design project. We will not request, or coordinate, locates for private utilities located on private property, which would not be marked by the Washington Utility Notification Center. The railroad right-of-way contains public sidewalks, and the crossing is gate -controlled, so we have not included any costs for railroad access permits or railroad protective flagging services. We have not included any costs for traffic control and will instead schedule in- road work to coincide with light traffic times and will utilize temporary, short -duration lane closures as needed to access storm structures within the travel lanes. The City has determined that a full boundary survey of the roadway corridor is not within the scope of this project. At proposed drywell treatment locations that may have potential Right -of -Way (ROW) impacts, such as the installation of BMPs below or behind existing sidewalks, we will evaluate these select locations for potential ROW impacts to determine if additional ROW or easements might be required. This ROW impact analysis would rely on existing survey records and County maps. For this analysis, we would not complete any field surveying to locate existing monumentation or property corners to determine actual ROW limits. If the event that a location was determined as being likely to have a ROW impact, then further investigation could be completed as additional services under this proposal, or could be deferred to the future phase that will prepare the 100% PS&E package for construction. Since the potential scope of this task cannot be accurately estimated, we have budgeted 45 hours of time. We will provide drafting services for the construction plans for the 30%, 60%, and 90% submittals. We anticipate that the final plan set would include up to: • Three (3) General project sheets (cover, legend and abbreviations, and construction notes), • Thirteen (13) Existing Conditions Survey Control sheets, • Thirteen (13) Demolition and Temporary Erosion and Sediment Control (TESC) sheets, • Thirteen (13) Demolition Plan sheets • Thirteen (13) Site Plan and Profile sheets, • Six (6) Detail sheets, • Thirteen (13) Site Restoration sheets. • Two (2) Site Restoration Detail sheets, if needed The 30% and 60% plan submittals would not include some of the restoration and detail sheets. We would establish the sheet limits for plan views to coincide with a sheet layout that could be utilized for a future reconstruction project. i TD&I I tdhengineering.com Engineering June 3, 2025 East Montgomery Stormwater Retrofit Page No. 3 Evergreen will be completing all the design tasks, including specifications and estimates, required by the project scope and grant agreement. We have budgeted 20 hours for our review and coordination with Evergreen on the design and estimate, as required by Evergreen. The City does not intend on acquiring any additional right-of-way or new easements for this phase of the project, so we have not included any of those related tasks in our scope for this project. Project Schedule: Upon approval of this proposal, we will proceed with scheduling the survey. Prior to completing the survey fieldwork, we would work with you to execute an agreement for our services. We would be able to provide the boundary and topographic survey file deliverable approximately 15-20 weeks after authorized to proceed. Plan drafting and review tasks are anticipated to be completed in fall 2025 and Spring 2026, as required by Evergreen, with the anticipated 90% submittal completed by June 30, 2026. Proposed Fee: Our estimate based on the Scope of Services outlined above is summarized below. Only one of the topographic survey options would be completed, as determined by Evergreen and the City. For the boundary survey, we have provided an anticipated cost range, as the time required can vary significantly from project to project, as it depends on how many recent surveys have been done along the corridor and how many property corners can be located. Task 1 — Right -of -Way Impact Analysis (est. 45 hours) $9,000 Task 2 — Aerial Topographic Survey $43,700 Task 3 — Stormwater Plans Drafting $25,400 Task 4 — Review of Design and Estimates (est. 40 hrs) $8,000 Billings will be made on a time and materials basis and will not exceed the above estimate without your prior written authorization of the change in scope. If the scope/service is not specifically included in this breakdown, the scope/service is expressly excluded. Please do not hesitate to contact me if you have any questions. Thank you for allowing us the opportunity to be a part of this project. Sincerely, Daniel N. Wolf PE Senior Project Manager TDBH ENGINEERING i TDBcI I tdhenginee ring.com Engineering AGREEMENT SUBCONSULTANT COST COMPUTATIONS TD&H ENGINEERING - NTE RATES CLASSIFICATION ENGR. VI ENGR. V ENGR. IV ENGR. III ENGR. I REG. LAND SURVEYOR ENGRTECH / CAD II ENGRTECH / CAD I CLERICAL / ADMIN DIRECT RATE $ 73.46 $ 68.93 $ 58.86 $ 50.53 $ 37.69 $ 56.76 $ 46.53 $ 30.91 $ 25.60 OVERHEAD ICR 2023 145.40% 145.40% 145.40% 145.40% 145.40% 145.40% 145.40% 145.40% 145.40% OVERHEAD RATE $ 106.81 $ 100.22 $ 85.58 $ 73.47 $ 54.81 $ 82.53 $ 67.65 $ 44.95 $ 37.23 MARKUP 15% 15% 15% 15% 15% 15% 15% 15% 15% FIXED FEE RATE $ 27.04 $ 25.37 $ 21.67 $ 18.60 $ 13.88 $ 20.89 $ 17.13 $ 11.38 $ 9.42 BILLING RATE $ 207.31 $ 194.53 $ 166.11 $ 142.61 $ 106.38 $ 160.19 $ 131.31 $ 87.24 $ 72.25 EXHIBIT D Exhibit D ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/26/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INLAND NORTHWEST INSURANCE, INC. 12319 E BROADWAY AVENUE SPOKANE VALLEY, WA 99216 CONTACT Leanne Kelly PHONE FAx (509)892-6373 A/c No:(509)926-0621 E-MAIL ADDRESS: Ieannek@inlandnwi.com License #: 155923 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Ohio Security Insurance Company 24082 INSURED NB ENGINEERING, LLC INSURER B : BEAZLEY AMERICA INSURANCE COMPANY INC. DBA: EVERGREEN STORMH2O INSURERC: PO BOX 18912 INSURER D : SPOKANE, WA 99228 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 00006111-0 REVISION NUMBER: 66 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER MM/DDPOLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y BZS64658335 04/14/2025 04114/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 2,000,000 MED EXP (Anyone person) $ 15,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y BZS64658335 04/14/2025 04/14/2026 MBINED Ea accdenISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PR eraPER cdentDAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A` E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B PL / E&O-Claims made C320B3250401 04/14/2025 04/14/2026 Limit of Liab $2,00 ,000/$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: East Montgomery Stormwater UIC Retrofit Design Contract #:0376 City of Spokane Valley is an Additional Insured, on General Liability, per the attached BP 79 96 09 16, Blanket Al policy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague AUTHORD:EDPEPRESENTATIVE SPOKANE VALLEY, WA 99206 LMK © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/031 The ACORD name and logo are registered marks of ACORD Printed by LMK on 06/26/2025 at 01:06PM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II — Liability is amended as follows: A. Supplementary Payments Section A.I. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension — Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.11.(1)(d) Coverage Extension — Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions — Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permission of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions — Applicable To Business Liability Coverage — Professional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first -aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declarations, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C. Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.I. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the 'locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, 'location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. I. Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. 'Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. 'Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. EXHIBIT E aim quNWA DEPARTMENT OF ECOLOGY State of Washington EXHIBIT E WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER QUALITY COMBINED FUNDING INSERT FOR ALL SERVICES FOR STATE -FUNDED PROJECTS Compliance with State and Local Laws The services provider Consultant shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the project. Without any limitation this includes Governor Executive Order 21-02 as applicable. State Interest Exclusion Partial funding of this project is being provided through the Washington State Department of Ecology. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. Third Party Beneficiary Partial funding of this project is being provided through the Washington State Department of Ecology. All parties agree that the State of Washington shall be, and is hereby, named as an express third -party beneficiary of this contract, with full rights as such. Cost Basis of Contract No contract may be written for "cost -plus -a -percentage -of -cost" or "percentage of construction cost." The cost basis for this contract must be cost -reimbursement, unit price, fixed -price, time and materials, or any combination of these four methods. Funding Recognition Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State Department of Ecology. The Washington State Department of Ecology's logo must be on all signs and documents. Logos will be provided as needed. Accessibility Public -facing documents produced under this agreement shall be accessible to the City's best ability. This recommendation applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. Revised 09/2022 Access To the Work Site and To Records The Consultant shall provide for access to their records by Washington State Department of Ecology personnel. The Consultant shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain auditable records. These records shall be separate and distinct from the Consultant's other records and accounts. All such records shall be available to the Owner and to Washington State Department of Ecology for examination. All records pertinent to this project shall be retained by the Consultant for a period of three years after the final audit. Funding Provision Partial funding of this project is being provided through the Washington State Department of Ecology. In the event that Ecology's funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, the contract may be amended. Copyriaht to Documents The Department of Ecology retains a copyright to any documents produced and data collected under this agreement. The Department retains a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the data or documents. The Department can authorize others to use the data or documents for federal, state, or local government purposes. Revised 09/2022 2