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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 v c M c 0 M E m C M X N A M +' N _ 00 C O U o r V M L M c °L u d a+ C M v E u � o d L M H t c v 3 � = v o > iv on v c c is VU U -o o L N Q- o.� V Y ro W � O w L C L 7 (O 7 Q O " O o v o 3 E 'n 7 N O O Ln ` -0 V co � o 0) c � v '3 -a V O 1= L a O _ 4O a c E ra c v� O O 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. Page 2 of 8 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 Page 3 of 8 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. Page 4 of 8 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. Page 5 of 8 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. Page 6 of 8 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. Page 7 of 8 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. Scope of Services — June 2013 Page 5 of 16 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 Scope of Services — June 2013 Page 6 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. • 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 Scope of Services — June 2013 Page 7 of 16 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 Scope of Services — June 2013 Page 8 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. 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 Scope of Services — June 2013 Page 9 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. (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. Scope of Services — June 2013 Page 11 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. 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 Scope of Services — June 2013 Page 12 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. 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 Scope of Services — June 2013 Page 13 of 16 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. Scope of Services — June 2013 Page 14 of 16 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. of Services — June 2013 Page 15 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. • 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 of Services — June 2013 Page 16 of 16 Sullivan Road Corridor Study HDR Engineering, Inc. • 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. 5/23/2013 433:18 PM • 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. 5/23/2013 4:33:18 PM 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