13-098.00 HDR Engineering: Sullivan Corridor StudyLocal Agency
Standard Consultant
Agreement
® Architectural /Engineering Agreement
❑ Personal Services Agreement
ireement Number _
Federal Aid Number
STPUL- 9932(045
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
® Cost Plus Fixed Fee
Consultant/Address/Telephone
HDR Engineering, Inc.
500 -108th Avenue NE, Suite 1200
Bellevue, WA 98004 -5549
(425) 450 -6200
Project Title And Work Description
Sullivan Road Corridor Study
The purpose of the study is to determine whether
future improvements are needed on the Sullivan
Road corridor due to regional growth and the partial
completion of the North Spokane Corridor. The
study will analyze the future traffic volumes on the
corridor using several different scenarios.
Overhead Progress Payment Rate io
DBE Participation
Overhead Cost Method
❑ Yes 0 N
❑ Actual Cost
Federal ID Number or Social Security Number
❑ Actual Cost Not To Exceed % REDACTED
® Fixed Overhead Rate REDACT-ED% Do you require a 1099 for IRS? Completion Date
Fixed Fee $ ❑ Yes ® No June 1, 2014
❑ Specific Rates Of Pay I Total Amount Authorized $ 154,755.00
❑ Negotiated Hourly Rate
Management Reserve Fund $ 20,358.00
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work Maximum Amount Payable $ 175,113.00
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
® Exhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
® Exhibit E -1 Fee - Lump /Fixed/Unit
❑ Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
❑ Exhibit G Subcontracted Work
❑ Exhibit G -1 Subconsultant Fee
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedure!
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of Ate, 2013,
between the Local Agency of City of Spo ne Valley , Washin n, hereinafter called the "AGENC`
and the above organization hereinafter called the "CONSULTANT".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
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WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By
Consultant HDR Engineering, Inc.
By
Agency City of Spokane Valley
DOT Form 140 -089 EF
Revised 3/2008 Page 8 of 8
Sullivan Road Corridor Study HDR Engineering, Inc.
Exhibit A -1
INTRODUCTION
The City of Spokane Valley was recently awarded Surface Transportation Program funding for the planning
analysis of the Sullivan Road Corridor. The City of Spokane Valley (CITY) has selected HDR
(CONSULTANT) to prepare a Comprehensive Corridor Study for the Sullivan Road Corridor.
The Sullivan Road Corridor is a regionally significant corridor serving local, regional, and interstate traffic,
commerce, and shipping. This corridor is a vital arterial link providing service to the Spokane Industrial Park,
Central PreMix, Inland Asphalt, Inland Empire Distribution Systems and many other industrial and freight
companies. This corridor is also the terminus of the Spokane County's Bigelow Gulch Road project, which will
provide an improved alternative route for traffic to get from north Spokane to 1 -90 through the Spokane Valley.
This principal arterial connects 1 -90 to SR 290 (Trent Avenue) and carries approximately 25,900 vehicles per
day with truck traffic volumes of 18% to 24 %. Sullivan Road directly serves the Spokane Industrial Park and
adjacent industrial zoned parcels that include multi -modal connections to both BNSF and UP railroad lines.
Over the last eight to ten years, several individual studies and projects along the Sullivan Road Corridor have
been proposed, planned, evaluated, designed and /or partially funded including:
• Sullivan Road Bridging the Valley project
• Improvements to the overpass at SR 290 and the BNSF railroad crossing
• Bigelow Gulch Road /Forker Road project
• Replacement of the Sullivan Road West Bridge (southbound bridge) over the Spokane River
Spokane County's previous Six Year Transportation Improvement Plan (prior to Spokane Valley
incorporation) proposed to widen Sullivan Road from five lanes to seven lanes between East Euclid and East
Wellesley Avenues. The goal of the Sullivan Road Corridor Study is to take a comprehensive look at how all
of the previously mentioned studies and projects (and any new projects identified in the study) can be
integrated into a corridor plan that addresses transportation, community, and system preservation needs and
practices. This will ensure that this corridor continues to adequately serve the adjacent industrial businesses,
the region, and the state by accommodating existing and future traffic volumes and freight traffic.
SUMMARY OF SERVICES TO BE FURNISHED BY CONSULTANT
The following is a summary of deliverables and services that will be provided by CONSULTANT:
• Develop a Modeling Methods and Assumptions memo.
• Travel Demand Forecasting, Post Processing, and Intersection level analysis for a 2040 Design
Year and a 2025 Interim Year in order to order reasonably estimate future traffic volumes on
corridor in order to make an engineering recommendation on channelization (i.e. 5 lanes, 7 lanes,
or a combination)
• Complete a Safety Analysis and Recommendations for Corridor
• Complete a Future Transit Needs Analysis
• Complete a Non - motorized Needs Analysis
• Review Existing and Future Access and Provide Recommendations
• Conduct Public Outreach
• Document Finding in Final Corridor Study Report
Scope of Services — June 2013 Page 3 of 16
Sullivan Road Corridor Study HDR Engineering. Inc.
ITEMS AND SERVICES TO BE FURNISHED BY CITY
CITY will provide the following items and services to the Consultant to help facilitate the preparation of
deliverables for the Project:
1. SRTC 2010 and 2040 No -Build and Build VISUM models.
2. Any GIS mapping, and /or aerial photometry within the project limits (for refinement/use in public
outreach and final report).
3. All relevant previous planning studies and engineering studies /plans for the Sullivan Corridor.
4. Traffic counts with study area — both TMC's and ADT's.
5. Accident history along the corridor.
6. Participation in one -on -one meetings with targeted business owners and stakeholders along the
corridor.
7. Open house support including mailings /notifications and securing meeting location
SUMMARY OF KEY DELIVERABLES
A list of key deliverables anticipated for the Project is provided below:
• Meeting summary for all coordination meeting w/ CITY staff, TAC meetings, one -on -one meetings
with businesses, and pubic open houses.
• Approved Methods and Assumptions memo.
• Tech memo summarizing Travel Demand Modeling findings.
• Tech memo summarizing Traffic Analysis finding along with Channelization Recommendations.
• Tech memos summarizing Safety, Transit, & Non - motorized Recommendations
• Final Corridor Study Document
Key anticipated Project milestones are shown in Table A below.
Table A: Anticipated Project Milestone Dates
Milestone
Estimated Completion Date
Notice to Proceed
06 -01 -13
SRTC 2040 No -Build Travel Demand Modeling
Complete (by others)
06 -01 -13
Endorsed Methods and Assumptions Memo
07 -01 -13
2040 Build Travel Demand including Post
Processing
09 -01 -13
Open House #1
10 -03 -13
Open House #2
02 -19 -14
Final Report/Recommendations
05 -01 -14
Scope of Services — June 2013 Page 4 of 16
Sullivan Road Corridor Study HDR Engineering, Inc.
TASK 1 PROJECT MANAGEMENT
This task describes the services necessary to plan, perform, and control the work of the Project team so
that the needs and expectations of the Project are met.
1.1 QUALITY CONTROL
Consultant shall follow its own QA/QC procedures during the Project lifecycle. This includes:
preparing and maintaining a Project Guide; conducting management reviews, including a 0% review,
at key Project milestones (management reviews are held to assess scope, schedule, and budget
status, and to address any Project issues); and providing senior level technical reviews of interim and
final deliverables prior to submitting them to the CITY.
Assumptions:
• Consultant shall follow its own QA/QC procedures.
Deliverable(s):
• Electronic copies of QC documentation forms upon request.
1.2 CONTRACT ADMINISTRATION AND CONTROL
Consultant shall establish, maintain, and administer contract agreements with the CITY and any sub
consultants. Consultant shall manage and control their work as defined in the Scope and include
provisions to identify, communicate and address potential changes to the Scope.
Assumptions:
• A baseline scope, schedule, and budget will be approved by the CITY and serve as the basis for
managing Project progress and change.
Deliverable(s):
• Baseline scope, schedule, and budget.
• Change documentation as necessary.
1.3 TEAM DIRECTION AND OVERSIGHT
It is the responsibility of the Consultant to manage the Consultant team. Use of sub consultants is not
anticipated for this Project. The Consultant shall:
• Provide a single point of contact (the project manager) for Project related communications with
the CITY.
• Provide regular direction to the Consultant team.
• Make the Project team aware of issues to be resolved, the schedule for resolution, and the
potential impacts of such issues on Project delivery.
• Monitor in -house work for adherence to scope, schedule, budget, and quality standards.
• Verify that documents and electronic files generated for the Project are being documented and
retained in Project files consistent with CITY and Consultant requirements.
Assumptions:
• The Consultant project manager will be the single point of contact for Project communications
with the CITY.
Deliverables:
• None.
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Sullivan Road Corridor Study HDR Engineering. Inc.
1.4 PROJECT COORDINATION MEETINGS
The Consultant shall schedule a standing bi- monthly Project coordination meeting to discuss Project
progress and issues and to provide a regular venue and forum for Project coordination. The
meetings may be held via conference call or in Spokane and will include selected team members
from the Consultant team and CITY. A standing meeting agenda will be prepared by the Consultant
and modified as appropriate for each meeting. Meeting summaries, including action items, will be
prepared by the Consultant and distributed to the Project team within five (5) working days after each
meeting. Up to three (3) Consultant team members may participate in each meeting. Meetings will
be scheduled for one (1) hour.
Assumptions:
• A standing bi- monthly project coordination meeting will be scheduled and held during the Project.
Up to three (3) Consultant team members will participate in each meeting.
• The bi- monthly project coordination meeting will be held via conference call and scheduled for
one (1) hour. Up to eighteen (18) meetings are assumed.
• One (1) project kick -off meeting in Spokane Valley. Review of scope, schedule, TAC members,
and previous work/studies will be included in kick -off meeting agenda. Assume up to three (3)
consultant staff to attend kick -off meeting.
• Consultant will be responsible for preparing the meeting agendas, meeting summaries, and
maintaining action item log.
Deliverables:
• One (1) electronic copy of meeting agendas and meeting summary /action items.
1.5 MONTHL Y PROGRESS REPORTING AND INVOICING
Consultant shall prepare and submit a monthly invoice and progress report to the CITY. The CITY
will approve the format for the invoice and progress report. Both shall be submitted to the CITY in
electronic format by the 15th of each month. The progress report will document significant activities
performed and deliverables completed during the reporting period. It will identify key
accomplishments, meetings attended, and current open issues relating to the work. It will identify
anticipated activities and deliverables for the following month and any issues that might impact scope,
schedule, or budget.
Assumptions:
• Fourteen (14) months are assumed for progress reporting and project closeout.
• The invoice and progress report will be submitted by the 15th of each month.
Deliverables:
• One (1) electronic copy of the monthly progress report and invoice.
TASK 2 METHODS & ASSUMPTIONS MEMO
The CONSULTANT will develop a traffic analysis and travel demand modeling "Methods & Assumptions
Memo" to layout the methodologies, assumptions and standards for the traffic analysis and modeling effort.
This document will communicate the analysis methodology and the underlying travel demand and operational
analysis processes for review and concurrence by the CITY and TAC representatives prior performing the
actual analysis. TAC will provide guidance on things such as study area, modeling assumptions, open and
design years, regional project assumptions, etc. These project parameters will be documented in the
"Methods and Assumptions Memo ".
Assumptions:
• PTV VISUM (02, consistent with SRTC) will be used for travel demand modeling
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• PTV VISTRO or Synchro 8 (latest build) using HCM 2010 Methodology will be used for capacity
analysis and signal timing optimization.
• Study area will be Sullivan Road between Wellesley Avenue and 1 -90 north ramp terminal.
• Open and design year will be defined by TAC.
• Subarea calibration for travel demand modeling will be required.
• CITY will provide the latest intersection traffic data and ATR data and CONSULTANT will collect
new traffic data if supplemental data is required and approved by CITY.
• CITY will provide official signal timing sheets.
• CONSULTANT will conduct field visit and geometry inventory.
• CONSULTANT will provide a draft list of regional project assumptions for TAC and the City to
make a decision on the regional project assumptions for this project.
• CONSULTANT will submit a draft "Methods and Assumptions Memo" based on decisions and
direction given at a project kickoff meeting and first TAC meeting.
• TAC member will review and provide feedback on draft "Methods and Assumptions Memo"
Deliverables:
• Draft and Final "Methods and Assumptions Memo ".
TASK 3 ADDITIONAL DATA COLLECTION - (OPTIONAL)
In addition to the traffic data provided by the CITY, a data collection program including Video Turning
Movement Counts (VTMC) and Automatic Traffic Recorder data (ATR) shall be developed intersections in the
study area.
Assumptions
• Additional turning movement counts with truck classification may be required for up to 6
intersections along the Sullivan Road Corridor.
• AM peak hours will 6:30AM- 8:30AM and PM peak hours will be 4:OOPM- 6:OOPM
• 7 -day ATR volume /classification counts will be conducted at up to 5 locations within the project
limits.
• The CITY will provide approval to CONSULTANT before this additional data collection.
Deliverables:
• Traffic data in MS Excel format and peak hour volume summary
TASK 4 TRAVEL DEMAND FORECASTING
The work is designed to provide future travel forecasts for the corridor. The travel demand forecasting will
be based on SRTC's existing 2010 model and SRTC's 2040 No -Build model that are expected to be
available for project use in at the end of May 2013. The SRTC's 2040 No -Build and build models will
require model refinement to reflect scenario testing within the project study area.
Consultant will enhance /develop VISUM models in the study area for the following scenarios:
• One Existing Condition PM Peak Hour
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Sullivan Road Corridor Study HDR Engineering, Inc.
• One 2040 PM Peak Hour No Build Base Condition assuming the NSC is completed to 1 -90, the
Bigelow Gulch improvements are built, and Bridging the Valley Improvements at Sullivan and
SR209 are completed.
• Two 2040 PM Peak Hour Build Options(assumed project design year) assuming the NSC is
completed to 1 -90, the Bigelow Gulch improvements are built, and Bridging the Valley
Improvements at Sullivan and SR209 are completed.
o 5 -lane Sullivan Road
o 7 -lane Sullivan Road
For estimating purposes, Six (6) 2025 PM Peak Hour Build options (assumed project opening
year)
2025
Build
Testing
Options
Sullivan
Road
Number of
Lanes
NSC
complete
to 1 -90
Bigelow
Gulch
improvements
Bridging the
Valley
Improvements at
Sullivan and
SR209
1
5
No
No
No
2
5
No
No
Yes
3
5
No
Yes
Yes
4
7
No
Yes
Yes
5
5
Yes
Yes
Yes
6
7
Yes
Yes
Yes
The following assumptions are made for completing the task:
Assumptions
• CITY will provide the SRTC's Existing 2010 VISUM model and SRTC 2040 No -Build VISUM
model to CONSULTANT as soon as it available for project use.
• CITY will also provide the model running scripts and model documentation.
• CONSULTANT will review the travel demand modeling documents and do test run to verify the
models.
• It is assumed that additional TAZ refinement and network coding will be required within study
area. These refinements and coding will be applied to both existing and future year models.
• In 2025 year models, land use data will be either be derived by linear Interpolation of land use
data in existing 2010 model and future 2040 model or direction will be given by TAC.
• CITY will provide the latest peak hour traffic counts for roadways within the study area to the
CONSULTANT.
• A sub -area model will be developed to further refine the raw model output for operational
analysis. Sub -area models will be used for volume Post - processing, volume balancing and OD
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Trip table estimation. VISUM will be used for Volume Balancing and O -D Trip table estimation.
Intersection volumes will be post - processed following the guidelines in NCHRP 255 report.
• Two (2) meetings are assumed with CITY and /or SRTC staff to discuss current modeling
approach, network coding, and modeling results.
• CITY and TAC will provide concurrence on Traffic demand model results before they are used in
operational analysis.
Deliverables:
• A technical memo (maximum 10 pages) documenting the travel demand modeling task and
findings.
TASK 5 OPERATIONAL ANALYSIS & CHANNELIZATION
RECOMMENDATIONS
This work task involves traffic operational analysis and modeling for the Project. CONSULTANT proposes to
use latest software VISTRO developed by PTV to streamline the scenarios management and operational
analysis in this scope of work and signal timing optimization (Task 14) if approved by the City. To facilitate
and communicate the final improvement recommendations, a VISSIM microsimulation model will be
developed to evaluate one future build option in PM peak hour.
The following additional tools will be utilized to support operational analysis effort.
• VISTRO (Version 1.1 or latest)
• VISSIM (version 5.4)
• Synchro (Version 8)
CONSULTANT shall prepare a Traffic Operational Analysis of the corridor. Consultant will build VISTRO
analysis model using HCM 2010 methodology for the intersections along Sullivan Road for the following
scenarios (with the same assumptions used in travel demand modeling):
• One Existing Condition PM Peak Hour
• One 2040 PM Peak Hour No -Build Base Condition.
• Two 2040 PM Peak Hour Build Options(assumed project design year)
• Six 2025 PM Peak Hour Build options (assumed project opening year)
VISSIM microsimulation model will be developed to evaluate one preferred future build option in PM peak
hour.
• One Existing Condition PM Peak Hour for Calibration.
• One Future PM Peak Hour for One Preferred Future Build Option
The intersections along Sullivan Road are as follow:
(1) Sullivan Road and Wellesley Avenue
(2) Sullivan Road and SR 290 WB Ramp
(3) Sullivan Road and SR 290 EB Ramp
(4) Sullivan Road and Kiernan Avenue B Street
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(5) Sullivan Road and Euclid Ave
(6) Sullivan Road and Marietta Avenue
(7) Sullivan Road and Sullivan Park Access
(8) Sullivan Road and Indiana Avenue /1 -90
CONSULTANT will conduct sensitivity testing of preferred build alternative for up to 6 intersections for a AM
Peak Hour and a mid -day peak hour using HCM 2010 methodology. For estimating purposes, assume the
following:
(1) Sullivan Road and Wellesley Avenue (AM Peak)
(2) Sullivan Road and SR 290 WB Ramp (AM Peak)
(3) Sullivan Road and SR 290 EB Ramp (AM Peak)
(4) Sullivan Road and Kiernan Avenue B Street (Mid -Day Peak)
(5) Sullivan Road and Euclid Ave (Mid -Day Peak
(6) Sullivan Road and Marietta Avenue (Mid -Day Peak)
The following assumptions are made for Task 4 as follows:
Assumptions:
• The CITY and TAC will define the specific operational goal and objectives.
• The CITY will provide existing signal timing plans in Synchro for signalized intersections in the
study area.
• The scope of service will be amended if the CITY decided not to use VISTRO and change it to
Synchro modeling.
• Land development scenario changes and evaluation will not require using VISUM demand model
after the VISUM modeling task and assumptions are completed. VISTRO model will distribute
updated trips (using ITE formula or directions by CITY/TAC) along the Sullivan Road corridor.
• All scenarios and capacity analysis will be managed in VISTRO.
• HCM 2010 methodology will be used for both signalized and unsignalized intersections.
CONSULTANT and CITY will determine alternate methodology (such as HCM2000) for locations
that HCM 2010 methodology has limitations.
• Bike, Pedestrian and Transit Level of Service (LOS) will not be part of the traffic operational
analysis. CONSULTANT, CITY and TAC will estimate the existing and future bike volumes,
pedestrian at crosswalks, and transit service frequency that impacts typical intersection capacity
analysis.
• An animation clip (2 minutes) with high - resolution of simulation along the corridor for a preferred
future build option will be provided for public and stakeholders meeting use.
• Microsimulation modeling process will follow FHWA's Guidelines for Applying Traffic
Microsimulation Modeling Software. Any additional modeling calibration parameters that are not
called out in the FHWA guidance will be discussed and agreed to during the preparation of the
"Methods and Assumptions Memo ".
• Final analysis results (Delay, LOS and Queue Length Estimation) will use HCM results provided
in VISTRO.
• The recommendation of channelization will consider both VISTRO and VISSIM queuing results.
Scope of Services — June 2013 Page 10 of 16
IC.
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TASK 6 SAFETY /COLLISION ANALYSIS & RECOMMENDATIONS
CONSULTANT shall evaluate the collision history on this corridor and make site specific recommendations to
address documented or anticipated deficiencies. The consultant will analyze the traffic safety impacts in the
study area for each improvement options to the degree feasible, including examining the impacts on motor
vehicular, transit, bicycle, and pedestrian movements in the study area.
Assumptions:
• CITY will provide graphic /map data containing 5 year accident history of the corridor for the
CONSULTANT'S use
• CONSULTANT will develop meaningful cost - effective mitigation measures for identified locations
using industry standard crash reduction technologies and methodologies.
• Highway Safety Manual and National Crash Modification Factor Clearing House website
(http:/ /www.cmfclearinghouse.org /) will be used for safety analysis.
Deliverables:
• A Safety /Collision Analysis Tech Memo summarizing results, findings, and recommendations.
TASK 7 ACCESS MANAGEMENT PLAN
Consultant will review existing access along corridor and identify any non - standard existing access points.
Consult will make any recommendations required to bring existing access points to current industry
standards. Through coordination meetings with City and Stakeholders along corridor, any potential future
access points will be conceptually identified for corridor planning purposes and an access management plan
for this corridor will be developed.
Objective:
• Prepare an Access Management Plan for this corridor.
Assumptions:
• Information gathered via targeted business /stakeholder 1:1 meetings will be utilized to identify
any potential future access points.
• Access Plan will document any non - standard access points — either existing or proposed and
make recommendations for any proposed mitigation.
Deliverables:
• Access Management Plan Memo
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TASK 8 TRANSIT ANALYSIS & RECOMMENDATIONS
Consultant will evaluate existing and proposed transit patterns and service along this corridor and make
recommendations to address existing and /or future deficiencies and needs. Consult will coordinate closely
with City and Spokane Transit Authority to identify corridor transit goals.
Objective:
• Prepare a final Transit Improvement Recommendations Report for the Sullivan Corridor.
Assumptions:
• City and /or Spokane Transit Authority will provide existing and future service plans and goals for
this corridor.
• Consultant will ride the route and interview transit operators and transit users.
Deliverables:
• Transit Analysis and Recommendations Memo
TASK 9 NON - MOTORIZED ANALYSIS & RECOMMENDATIONS
REPORT
Consultant will evaluate all existing and proposed non - motorized infrastructure along this corridor and make
recommendations to address existing and /or future deficiencies related to both mobility and safety.
Consultant will coordinate closely with TAC to identify a non - motorized vision proposal for this corridor.
Objective:
• Prepare a Non - motorized Analysis and Recommendations Report for the Sullivan Corridor.
Assumptions:
• City and /or Spokane Transit Authority will provide existing and future service plans and goals for
this corridor.
• Consultant will coordinate with City staff and businesses through one -on -one meetings to identify
existing and future pedestrian generators
Deliverables:
• Non - motorized Analysis & Recommendations Tech Memo
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Sullivan Road Corridor Study HDR Engineering. Inc.
TASK 10 OUTREACH
CONSULTANT will provide outreach for corridor study through the following methods:
10.1 TECHNICAL ADISORY COMMITTEE (TAC) MEETINGS
It is anticipated that a Technical Advisor Committee (TAC) will be formed to provide guidance and
support for this study. The TAC may include representatives from the CITY, WSDOT, the County,
and Transit Agency.
Assumptions:
• It is envisioned that TAC meetings will occur approximately every other month through the
duration of this study. TAC meetings will be held at CITY or HDR Spokane office.
• Up to three (3) CONSULTANTS will attend meetings. Meeting duration will typically be two (2)
hours.
• The Consultant will prepare a draft meeting agenda and collaborate with the CITY on the final
agenda. CONSULTANT will provide facilitator (Project PM) and recorder for all meetings.
• CONSULTANT will provide copies of all meeting material to all meeting participants.
• CITY will organize meetings times and locations and invite TAC members.
• A total of four (4) TAC meetings are assumed for budgeting purposes. Up to three (3) consultant
staff will attend each TAC meeting.
Deliverables:
• Agendas and Meeting minutes for all TAC meetings.
10.2 TARGETED BUSINESS /STAKEHOLDER 1 :1 MEETINGS
Consultant and City will conduct up to ten (10) one on one with selected stakeholders and businesses
along the corridor in an effort to better understand transportation issues, safety concerns, and future
development plans.
Assumptions:
• It is envisioned that separate meetings with up to ten (10) businesses and agencies along the
corridor will be scheduled. These businesses may include Kaiser, Honeywell, East Valley
School District, Inland Empire Distribution Systems, CXT (Central Premix Concrete), and /or
the Spokane Business and Industrial Park.
• Meeting locations have not been determined. They may occur at businesses, at the CITY, or
at the CONSULTANT office in Spokane. Meetings will generally occur during first half of
study.
• Up to two (2) CONSULTANTS will attend meetings. Meeting duration will typically be one (1)
hour.
• The Consultant will prepare a draft meeting agenda and collaborate with the CITY on the final
agenda.
• Up to ten (10) meetings are assumed for budgeting purposes.
Deliverables:
• Meeting minutes for all TAC meetings.
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Sullivan Road Corridor Study HDR Engineering, Inc.
10.3 PUBLIC OPEN HOUSES & PROJECT WEBSITE
It is anticipated that this study will include two (2) public meetings.
Assumptions:
• First open house will occur approximately 1/3 of way into study. Primary topics of 1" open
house will include summary of existing conditions and preliminary modeling results and
findings.
• Second open house is anticipated around 80% of way through study. Primary topic for 2nd
open house will be presentation of draft recommendations for purpose of obtaining
stakeholder input and concurrence.
• Up to three (3) CONSULTANTS will attend meetings. Meeting duration will typically be two
(2) hours.
• The Consultant will prepare all graphics, displays, and materials, and comment cards for
public meeting.
• CITY will send out meeting notifications and mailers.
• CONSULTANT will set up and update a project website from the 1 s` open house through the
duration of the study. Links to this website will be provided by CITY from city portal.
Deliverables:
• Summary of public meeting including agenda, minutes, and comments received.
10.4 PLANNING COMMISION AND /OR CITY COUNCIL PRESENTATION
SUPPORT
CONSULANT will prepare a PowerPoint presentation for CITY staff use at Planning Commission
and /or City Council Meetings.
Assumptions:
• PowerPoint Presentation will consist of approximately 15 slides summarizing corridor study's
findings and recommendations.
Deliverables:
• Electronic Copy of PowerPoint Presentation
TASK 11 COST ESTIMATING
Consultant will develop planning level cost estimates for all future planned study recommendations.
Objective:
• Prepare planning level cost estimates to be included in the final corridor study report.
Assumptions:
• City will provide all pertinent previous studies and engineering documents for prior identified and
programmed projects along this corridor.
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• CONSULTANT will develop planning level estimates for any newly identified projects. "Planning
Level" infers estimating based on conceptual plans that are typically less than a 5% level of
completion.
• In providing opinions of cost for the PROJECT, CONSULTANT has no control over cost or price
of labor and materials, unknown or latent conditions of existing equipment or structures that might
affect operation or maintenance costs, competitive bidding procedures and market conditions,
time or quality of performance by operating personnel or third parties, and other economic and
operational factors that might materially affect the ultimate PROJECT cost or schedule. The
CONSULTANT, therefore, will not warranty that the actual PROJECT costs will not vary from
CONSULTANT'S opinions, analyses, projections, or estimates.
Deliverables:
• Cost Estimating Tech memo
TASK 12 RIGHT OF WAY MAPS
Consultant will prepare right of way maps depicting any identified parcel takes required to construct a final full
corridor build out. Right of Way maps will include limits and calculated sizes of any required ROW needs for
the corridor.
Objective:
• Prepare Planning Level Right of Way Maps to a level of detail needed to reasonably estimate
future ROW costs needed for identified improvements.
Assumptions:
• Base ROW maps in CAD or GIS format will be provided by the CITY.
Deliverables:
• Final ROW Maps and Estimate
TASK 13 CORRIDOR REPORT /RECOMMENDATIONS
Consultant will prepare a final corridor report document which summarizes the findings and recommendations
of the corridor study. Technical memos delivered under previous tasks will serve that the basis for the
majority of this final report.
Objective:
• Prepare a final report documenting the findings and recommendations of the corridor study.
Assumptions:
• Corridor Report will include a proposed phasing and implementation plan for all identified
recommendations that are developed as part of this study
• TAC members will have 15 working days to review draft report and provide comments for final
version.
• Technical memos will have been previously reviewed by TAC members under prior tasks and
therefore it is assumed that comments on final report will be minor in nature and primarily consist
of formatting and editing.
Deliverables:
• Draft Corridor Report
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• Final Corridor Report
TASK 14 DEVELOP SIGNAL TIMING PLANS (OPTIONAL)
Consultant will prepare detailed signal timing plans for all signalized intersections on the Sullivan Corridor.
CONSULTANT will work with CITY to define operational parameters to be utilized.
Objective:
• Prepare detailed timing and phasing plans for corridor.
Assumptions:
• The CITY and TAC will define the specific operational goal and objectives.
• The CITY will provide existing signal timing plans in Synchro for signalized intersections in the
study area.
Deliverables:
• Timing Patterns and Plans requested by City
TASK 15 AIRSAGE ORGIN /DESTINATION (O /D) DATA PURCHASE -
(OPTIONAL)
At the request of the CITY, Consultant will contract with AirSage Inc. to purchase data and travel patterns
collected from cell phone data within the study area.
Objective:
• Obtain enhanced data and information regarding travel patters within study area.
Assumptions:
• The CITY and CONSULANT will evaluate information from University Bridge Study to determine
applicability and usefulness of this data.
• For budgeting purposes, this data set is estimated to cost $12,000.
Deliverables:
• Tech memo summarizing detailed travel patterns along the Sullivan Corridor and within the
project study limits.
Scope of Services — June 2013 Page 17 of 16
Exhibit C
Electronic Exchange of Engineering and Other Data
The Consultant shall use the following format and standards in preparing electronic files for transmission to
the agency. The format and standards to be provided may include, but not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
a. Survey Data shall be entered into an AutoCad version 2012 compatible drawing file.
The drawing layers, survey codes and format shall conform to the Prototype Drawing
furnished by the City of Spokane Valley. The City reserves the right to reject an
AutoCAD submittal drawing if the drawing does not conform to the prototype. The
drawing shall include:
• All data points in State Plane Coordinates, Washington North, North
American Datum of 1983 (1991). Distances shall be in ground based US
Survey feet. Elevations based on North American Vertical Datum of 1988
(NAVD88).
• Each data point shall be labeled with an appropriate survey code describing
it.
• Breaklines TINS, DTM's, alignments, and any other information used in the
creation of the contour mapping.
• Location and description of monuments used to establish the Basis of
Bearing, and one monument used to establish the vertical datum.
• Location and description of two monuments set within the project to
provide horizontal control and a monument to be used as a project
benchmark.
• Contour lines at 1 foot intervals. Every tenth contour shall have a darker
line weight. Labels with contour elevations shall be on a different layer.
• Drawing Scale shall be coordinated with the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic or pdf copy of all plat information, titles, and surveys used to research control
and property ownership; field notes, data collector files, ASCII point files, and project
correspondence.
Also prior to final payment the Consultant shall'provide and archive AutoCad version 2012
drawing file with all data points in State Plane Coordinates, Washington North, North
American Datum of 1983 (1991). Distances shall be in grid based US Survey feet.
Elevations based on North American Vertical Datum of 1988 (NAVD88).
b. GIS files shall be ArcGIS version 10.
c. Roadway Design shall be created using AutoCAD Civil 3D compatible drawings and
shall be in AutoCAD version 2012 compatible drawing file. The drawing layers,
survey codes and format shall conform to the Prototype Drawing furnished by the City
of Spokane Valley. The City reserves the right to reject an AutoCAD submittal
drawing if the drawing does not conform to the prototype. The drawing shall include:
• All data points in State Plane Coordinates, Washington North, North
American Datum of 1983 (1991). Distances shall be in ground based US
Survey feet. Elevations based on North American Vertical Datum of 1988
(NAVD88).
• Each data point shall be labeled with an appropriate survey code describing
it.
• Breaklines TINS, DTM's, alignments, and any other information used in the
creation of the contour mapping.
• Location and description of monuments used to establish the Basis of
Bearing, and one monument used to establish the vertical datum.
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• Location and description of two monuments set within the project to
provide horizontal control and a monument to be used as a project
benchmark.
• Contour lines at 1 foot intervals. Every tenth contour shall have a darker
line weight. Labels with contour elevations shall be on a different layer.
• Drawing Scale shall be coordinated with the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic copy of all cross sections, templates, quantity calculations, design notes, memos
and reports; and all project correspondence.
II. Traffic Analysis Files
a. Synchro / SimTraffic shall be Synchro 7.
b. VISSIM shall be Version 5.4 and compatible with Spokane Valley's V2 license (no
transit).
c. VISUM files shall be compatible with Version 12.1 -16 (or current version used by
SRTC).
III. Contract Documents and Reports
a. Documents shall be created using Microsoft Office 2003. Reports and specifications
shall be submitted as Word 2003 documents.
b. The City may provide a prototype document with font, text size and header and footer
formats in Word. The Consultant shall match format requested by the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic copy of all studies and calculations made during the course of report
development; specifications with addenda incorporated, phone conversations, memos, and
reports; and all project correspondence.
IV. The Consultant shall be able to correspond via email and communicate with Microsoft
Outlook.
V. Electronic Information Exchange.
a. The City shall exchange electronic information with the consultant via email for file
sizes less than 9 Megabytes. (Note: ZIP files or .RAR file formats are filtered out and
cannot be delivered via email.)
b. For larger file sizes the consultant shall exchange files using the City of Spokane
Valley File Transfer Protocol (FTP) site at ftp://ftp.spokanevalley.org To use this
method of file exchange Consultant will have to contact the project manager for a
temporary thirty (30) day username and password.
c. The final archive file shall be submitted to the City on a CD or DVD and had delivered
to City Public Works Offices with paper files. The CD shall be labeled with the
Spokane Valley Project Contract Number, Project Name and be provided with a Table
of Contents.
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Exhibit D -2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of
48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non -salary costs, and fixed fee.
Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub - consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/08
Failure to supply this information by either the prime CONSULTANT or any of their sub -
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and /or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT. These charges may include, but are not limited to, the following
items: travel, printing, long distance telephone, supplies, computer charges and sub -
consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Cost
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable wh the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such authorization(s) shall be in writing and shall not exceed
the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading
of this AGREEMENT. The amount included for the Management Reserve Fund is
shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the Management Reserve Fund shall be
made in accordance with Section XIV, "Extra Work. "6. Maximum Total Amount
Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of
the Total Amount Authorized, and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV, "Extra Work." No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, salary rates, and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final payment.
In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of
the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Exhibit E -1 / Staff Hour Estimate — Summary Sheet" contains confidential
cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Direct Expenses" contains confidential cost and rate data and is withheld
from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The two (2) pages entitled "Overhead Schedule / Fiscal Year End December 31, 2011" contain
confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC
112(2)(F).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The two (2) pages entitled "Review of FYE December 31,2011 Indirect Cost Rate Audit... ""
contain confidential cost and rate data and are withheld from public disclosure pursuant to 23
USC 112(2)(F).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or 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 AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non- compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects, the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will
request assistance from the Attorney General's Office for legal interpretation. H &LP will also
identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6105
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 - Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
I hereby certify that I am
representative of the firm of
Exhibit M -1(a)
Certification Of Consultant
Ronald G. Ohlsen
Project No. STPUL- 9932(45)
Local Agency Spokane Valley
and duly authorized
HDR Engineering, Inc. whose address is
500 -108th Avenue NE, Suite 1200, Bellevue, WA 98004 -5549 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
S- 13o%a °13
manta Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley ,
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
6
Z�3
1 "L-1 � Date
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Signature
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): HDR Engineering, Inc.
v/2o13
(Date)
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
(Signature) President or Authorized Official of Consultant
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): HDR Engineering, Inc.
-5-,11-3o /ao /3
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
1— '70
ACORO CERTIFICATE OF LIABILITY INSURANCE
16.� 6/1/2014
DATE (MM /DD/Y"
5/24/2013
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies, LLC -1 Kansas City
444 W. 47th Street, Suite 900
Kansas City MO 64112 -1906
(816) 960 -9000
CONTACT
PHONE (Ax
C. N E AIC No
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Hartford Fire Insurance Company
19682
6/1/2013
INSURED HDR ENGINEERING, INC.
1013472 8404 INDIAN HILLS DRIVE
INSURER 8: St. Paul Fire and Marine Insurance Company
24 6
INSURER C: Sentinel Insurance Company, Ltd.
11000
INSURER D: Zurich American Insurance Company
16535
OMAHA, NE 68114 -4049
INSURER E:
INSURER F:
MED EXP (Any one person)
$ 10,000
COVERAGES HDRTNOI CERTIFICATE NUMBER: 12358098 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MMIDD
POLICY EXP
MM /DD/YYYY
LIMITS
A
GENERAL LIABILITY
Y
Y
37CSEQUO950
6/1/2013
6/1/2014
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
X MMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
X Contractual Liab.
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2,000,000
$
POLICY X PRO- X LOC
JECT
A
A
A
AUTOMOBILE
LIABILITY
ANY AUTO
N
N
37CSEQUO951 (AOS)
37CSE U0952 (HI
37MCPQUI160 (MA)
6/1/2013
6/1/2013
6/1/2013
6/1/2014
6/1/2014
6/1/2014
(Ea accident)
$ 2,000,000
X
BODILY INJURY Per person)
( p )
$ XXXXXXX
BODILY INJURY Per accident
$ XXXXXXX
ALL OWNED SCHEDULED
AUTOS
X
PROPERTY DAMAGE
$ XXXXXXX
HIRED AUTOS MX NON -OWNED
AUTOS
$ XXXxxXX
B
X
UMBRELLA LIAB
x
OCCUR
N
N
ZUP- 10R64084 -13 -NF
6/1/2013
6/1/2014
EACH OCCURRENCE
$ 11000,000
EXCESS LIAB
CLAIMS -MADE
(EXCLUDES PROF. LIAB)
AGGREGATE
$ 1,000,000
DED I X I RETENTION $ $0
$ xxxxxxx
C
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE ER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑N
(Mandatory in NH)
N/A
Y
91WEOH1000 AOS)
91WBOH1760 HI )
7/1/2013
7/1/2013
7/1/2014
7/1/2014
X
-
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1 000 000
E.L. DISEASE - EA EMPLOYEE
$ 1 000 000
If yes, describe under
DESCRIPTION OF OPERATIONS below
I
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
D
ARCHS & ENGS
N
N
EOC9260026 -06
6/1/2013
6/1/2014
PER CLAIM: $1,000,000. AGG:
PROFESSIONAL
$1,000,000.
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
RE: CITY OF SPOKANE VALLEY SULLIVAN ROAD CORRIDOR STUDY, HDR CONTRACT NO. CON0081060. CITY OF SPOKANE VALLEY IS NAMED
AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON - CONTRIBUTORY BASIS. WAIVER OF
SUBROGATION APPLIES WHERE ALLOWABLE BY LAW.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
12358098
CITY OF SPOKANE VALLEY
ATTENTION: INGA NOTE, PE, PTOE
11707 E. SPRAGUE AVE., SUITE 106
SPOKANE VALLEY WA 99206
The ACORD name and logo are registered marks of ACORD
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of:
REQUEST FOR QUALIFICATIONS No.
(RFQ) #13 -007 / Public Works Dept.
City of Spokane Valley
Planning & Engineering Services for the AFFIDAVIT OF PUBLISHING
Sullivan Road Corridor Study NOTICE
STATE OF WASHINGTON )
)SS.
County of Spokane )
MICHAEL HUFFMAN . being first duly sworn on oath deposes and says that he is the EDITOR , of The Spokane
Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in
Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the
State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular
issues commencing on the 18th day of ianuarv. 2013 and ending the 25th ,����� elusive, and that such
newspaper was regularly distributed to its subscribers during all of said perio
CITY OF SPOKANE VALLEY
Public Works Department
SU SC BED a SWORN to before me
REQUEST FOR QUALIFICATIONS
(RFO)#13 -007 this 25th day of Tanuary. 2013.
Planning and Engineering Services for
the Sullivan Road Corridor Study
The City of Spokane Valley seeks a quali-
fied consultantteam to provide planning and \. C /1
engineering services for the Sullivan Road \` AG W/� �j County Of Spokane
Corridor Study. The study will analyze the \\
future traffic growth of the Sullivan Road •; • �pN E'kp %`
corridor from Wellesley Avenue to 1-90 in c�5 iy•, �� I certify that Iknow or have satisfactory evidence that
conjunction with other regional projects • 4, Frr ; - Michael Huffman is the erson who appeared before
such as the North Spokane Corridor and , � s p p
the Bigelow Gulch improvements. The ? • O ,AR� ..life, and said person acknowledged that he signed
study will help Spokane Valley determine if �U w10 P Z Zhis instrument and acknowledged it to be his free
the corridor should be widened and whether 1V
other intersection capacity improvements pUIOLNO .0 : nd voluntary act for the uses and purposes men -
are needed. The study scope will likely • : �tlOrie n"j instrument.
include travel demand modeling, nd public �� �• 1�•
lion analysis, scenario planning, and public
outreach with the business community. ° g_tg�•, 0
The City of Spokane Valley, in accordance F 9
with Title Vi of the Civil Rights Act of 1964, �` ••����•• S� \\
end TRl 252, , Code S.C.
f Federal Regulations, o / O F v1] P\ \\ Jolene entz
Department of Transportation, Subtitle A, I L I I 0 Title: Notary Public
Office of the Secretary, Part 21, Nondis-
crimination in Federally - assisted programs My appointment expires: 5-16 -15
blithe Department of Transportation issued
pursuant to such Act, hereby ens all w'
submitters that it will affirmatively ely ensure
thatin any contract entered into pursuamto �- ��
this advertisement, disadvantaged business
enterprises as defined at 49 CFR Part 23
will be afforded full opportunity to submit
qualifications in response to this invitation
and will not be discriminated against on the
grounds of race, color, national origin, or sex
in consideration for an award.
Submit an original plus five (5) duplicate
copies of qualifications by 4:00 PM (local
time), Friday, Feb 15th, 2013. Proposals
should be delivered to City of Spokane
Valley Public Works Department, 11707
E. Sprague Avenue, Suite 106, Spokane
Valley, Washington 99206. For more infor-
malion, please visit www.spokanevalley.org
and click on the "Public Notices Bids I Rl
/ RFOl tab in the lower right hand comer or
call Inge Note, P.E. at (509) 720 -5011.
PUBLISH: Spokane, Jan 18th and Jan
25th
Christine Bainbridge, MMC
Spokane Valley City Clerk
1 /16 & 1125
CITY OF SPOKANE VALLEY
Public Works Department
REQUEST FOR QUALIFICATIONS
(RFQ) #13 -007
Planning and
Engineering Services forthe
Sullivan Road Corridor Study
The City of Spokane Valley seeks a
qualified consultant team to
provide, planning and engineering
services for the Sullivan Road
Corridor Study. The study will
analyze the future traffic growth
of the Sullivan Road corridor from
Wellesley Avenue to 1 -90 in
conjunction with other regional
projects such as the North
Spokane Corridor and the Bigelow
Gulch improvements. The study
will help Spokane Valley
determine if the corridor should be
widened and whether other
intersection capacity improve-
ments are needed. The study
scope will likely include travel
demand modeling, intersection
analysis; scenario planning, and
Public outreach with the business
community.
I The City of Spokane Valley, in
accordance with Title VI of the
Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 20004 to 2000d -4
and Title 49, Code of Federal
Regulations, Department. of
Transportation, Subtitle A, Office
of the Secretary, Part 21,
Nondiscrimination in Federally -
assisted programs of the
Department of Transportation
issued pursuant to such Act,
hereby notifies all submitters that
it will affirmatively ensure that in
any contract entered into
pursuant to this advertisement,
disadvantaged business enter-
prises as defined at 49 CFR Part
23 will be afforded full
opportunity. to submit
qualifications in response to this
invitation and will not be
discriminated against on the
grounds of race, color, national
origin, or sex in consideration for
an award.
Submit an original plus five (5)
duplicate copies of qualifications
by 4:00 PM (local time), Friday,
Feb 15th, 2013. Proposals should
be delivered to City of Spokane
Valley Public Works Department,
11707 E. Sprague Avenue, Suite
106, Spokane Valley, Washington
99206. For more information,
please visit
www.sPokanevalley.org
and click on the "Public Notices
Bids / RFPs / RFQs" tab in the
lower right hand corner or call
Inga Note, P.E. at (509) 720 -5011.
PUBLISH:
Spokane, Jan :18th and Jan 25th
Christine Bainbridge, mMC
Spokane Valley City Clerk
SR25534
"Federal Tax ID No. 68- 0617327
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
County of Spokane} ss
Name: City of Spokane Valley Client ID:
PO No. SR25534 No. Lines:
Total Cost: $674.18
42365
79
Order No. 112142
I, Ruth Sullivan
do solemnly swear that I am the Principal Clerk of The Spokesman- Review,
a newspaper established and regularly published, once each day in the English
language, in and of general circulation in the City of Spokane County, Washington;
and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper
has been so established and regularly published and has had said general
circulation continuously for more than six (6) months prior to the 23rd day of
July, 1941; that said newspaper is printed in an office maintained at its
place of publication in the City of Spokane, Washington; that said newspaper
was approved and designated as a legal newspaper by order of the Superior
Court of the State of Washington for Spokane County on the 23rd day of July,
1941, and that said order has not been revoked and is in full force and effect;
that the notice attached hereto and which is a part of the proof of publication,
was published in said newspaper two time(s), the publication having
been made once each time on the following dates:
January 18 & 25, 2013
That said notice was published in the regular and entire issue of every number
of the paper during the period of time of publication, and that the notice was
published in the newspaper proper and not in a supplement.
Subscribed and sworn to before me at the City of Spokane, this
25th day of January 2013. �� L VINCF
SION FAA/
NOTARY
N PUBLIC �v
ry Public in and for the State of Washington, BER ,I, A
residing at Spokane County, Washington O�WASN\c�
60 Vt e> Notary Stamp
Paper Affidavits