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2004, 11-16 Study SessionTuesday, November 16, 2004 CITY HALL AT REDWOOD PLAZA 11/07 East Sprague Avenue, First Floor (Please Turn Off All Electronic Devices During the Meeting) DISCUSSION LEADER 1.Chris Bainbridge (1 minutes) 2. Cary Driskell (10 minutes) 3. Mayor DcVlcming (10 minutes) 4. Mike Jackson (15 minutes) 5. Steve Worley (10 minutes) 6. Neil Kasten (10 minutes) 7. Neil Kasten/Steve Worley (10 minutes) 8. Nancy Hill (15 minutes) Stud~ Session kands, 11- 16-154 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION SUBJECT/ACTIVITY Council Officer Selections Regular Study Session Issues (No Public Comment): 6:00 p.m. GOAL Select Council Officers First Reuling: Proposed Ordinance 04-048 Advance to 2 Reading Motorized Scooters [public comment] Motion Consideration: Mayoral Appointments to Approve Appointments Boards and Committees [public comment) Motion Consideration: Selecting a Park Maintenance Select Service Provider Service Provider and Authorizing City Manager or Designee to Negotiate Agreement (public comment] Motion Consideration: SRTC, 2004 Call for Projects, Approve Selected Grant Applications (public comment) Projects Motion Consideration. Approving Spokane County Interlocal Agreement Authorizing Funds for Consulting Services for Wastewater Alliance Research [public comment[ Motion Consideration: Approval of Agreement with Approve Agreement C112M Hill Regarding Barker Road Project (public comment[ SCRAPS Presentation 4. Finmtce Stnff(15 minutes) Budget Calculator Demonstration 10. Ken Thompson (20 minutes) Update on Utility Tax Data 11 Mayor DcVleming (5 minutes) Advance Agenda Additions 12. Dave Mercier (5 minutes) Council Check in 13. Dave Mercier (5 minutes) City Manager Comments Approve lnterlocal Discussion/Information DiscussionfIn formation Discussion/Information Di scussionfln formation Discussionfinformation Disc ussion/Information ''our: Except as noted above, there will be no public comment. at Councll Study Sessions. However, Council miss ays reserves the right to request information from the public and stuff as appropriate. NOTICE los/outwit pimiento anent the :owing who trquut stream aslivance to icxommodatr physical. hrannp, it °that anps:numb, pleaas contact the: Csty Clot at (5Q' 921.1000 to soon as possible so atilt ananRemcrrtt mai, be made Page 1nf1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Council Officer Selections G -OVEI NTLNG LEGISLATION: City of Spokane Valley Resolution 04 -013, Governance Manual Article I, Section 1.2 — Council Meetings: Election of Officers PREVIOUS COUNCIL ACTION TAKEN: At the November 26, 2002 City Council Meeting, it was moved, seconded and approved that the terns of Mayor be for two years. It was also moved, seconded and approved that the term of Deputy Mayor be concurrent with the Mayor's position (for a two -year term). After discussion of the procedure, nominations for Mayor and Deputy Mayor, and voting, Councilmember UeVleming was declared Mayor, and Councilmember Wilhite was declared Deputy Mayor. BACKGROUND: Due to the incorporation timetable, the next chosen Mayor and Deputy Mayor will not serve a two -year term. Rather, they will serve through December 31, 2005. Other than accommodating the anomaly in the timetable, the provisions of Article 1 govern this pending process. Article I, of the Governance Manual describes the procedures for electing officers: Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030). • The election for Mayor shall be conducted by the City Clerk. • The City Clerk calls for nominations. • Each member of the City Council shall be permitted to nominate not more than one (1) person; no member of the City Council is obligated to nominate a candidate. • Nominations do not require a second. • A nominee who wishes to decline the nomination shall so state at that time. • Nominations are then closed. • Except when there is only one nominee, election is by written ballot. • Each ballot shall contain the name of the Councilmember who cast it. • Election is determined by majority vote. • The City Clerk publicly announces the results of the election. • Ties shall be resolved in a contest by chance (the City Clerk will flip a coin) • Thereafter, the City Clerk records the individual votes by councilmembers in the meeting minutes. The election for Deputy Mayor shall be conducted by the Mayor - elect, and nominations shall be made in the manner previously described for the election of the Mayor. If Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RC \V 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. OPTIONS: RECOMMENDED ACTION OR MOTION: Prior to nominations, it is recommended that a motion be made that this term of Mayor and Deputy Mayor run from 12:00 a.m. November 26, 2004 through December 31, 2005. BUD GET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business I❑ new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading: Proposed Ordinance on Motorized Foot Scooters, No. 04 -048 CITY OF SPOKANE VALLEY Request for Council Action GOVERNING LEGISLATION: Chapter 46.61 RCW. PREVIOUS COUNCIL ACTION TAKEN: August 10, 2004 — Administrative Report. September 14, 2004 — Initial discussion on policy points. September 28, 2004 — Second discussion on policy points. October 19, 2004 — Review and discuss City of Spokane draft ordinance BACKGROUND: Following numerous discussions with Council, staff has drafted a proposed ordinance that would regulate how and when motorized foot scooters, and other substantially similar vehicles, are used in the City. This proposed ordinance attempts to incorporate the numerous comments by Council relating to safety and nuisance issues. OPTIONS: (1) move to second reading; (2) instruct staff to revise and resubmit the draft ordinance for further review by the Council. RECOMMENDED ACTION OR MOTION: Motion to advance Ordinance 04 -048 to a second reading. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Joshua J. Leonard, Legal Intern, Cal Walker, Chief of Police. ATTACHMENTS: Draft ordinance. DRAFT follows: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -048 M ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON, RELATING TO THE USE OF MOTORIZED PERSONAL TRANSPORTATION DEVICES WITHIN THE CITY OF SPOKANE VALLEY BY ESTABLiSHING A MINIMUM AGE REQUIREMENT FOR OPERATORS AND LIMITING MOTORIZED PERSONAL TRANSPORTATION DEVICE USE ON SIDEWALKS, STREETS, PUBLIC TRAILS AND IN PARKS; AND ESTABLiSHING REQU[REMLNTS FOR OPERATING SUCH MOTORIZED PERSONAL TRANSPORTATION DEVICES SAFELY. WHEREAS, the City Council makes the following findings regarding the current unregulated use of Motorized Personal Transportation Devices within the city limits: WHEREAS, the Revised Code of Washington (RCW) 46.61.710 authorizes the use of Motorized Foot Scooters upon streets of the State, but grants authority to local jurisdictions to regulate or otherwise limit their use and operation; and WHEREAS, RCW 46.61.710 does not establish minimum age requirements for operation of Motorized Foot Scooters, thereby creating a great risk of injury and/or property damage caused by young, untrained, and/or inexperienced operators who lack sufficient judgment to safely operate a motorized vehicle upon public streets and ways; and RR.EAS, RCW 46.61.710 does not make use of protective helmets mandatory for operators of Motorized Foot Scooters, although the risk of serious injury to operators of motorized foot scooters who do not wear a protective helmet is clear; and WHEREAS, unregulated operation of Motorized Personal Transportation Devices upon the City's streets, sidewalks, and public trails increases the risk of accidental injury to operators of Motorized Personal Transportation Devices, other vehicular operators, and pedestrian traffic, and also increases the risk of damage to property; and WHEREAS, shared use of sidewalks and public trails by pedestrians and Motorized Personal Transportation Devices increases the risk of injury to sidewalk and trail users and reduces the desirability of foot traffic as an alternative to motor vehicle use within the City, indicating that mixed use by motorized and non - motorized traffic on sidewalks and public trails should be limited as much as is practical; and WHEREAS, providing minimum requirements as to the use of Motorized Personal Transportation Devices would increase the health, safety, and welfare of citizens of Spokane Valley. NOW TI)ERF FORT, the City Council of the City of Spokane Valley, Washington, do ordain as Section 1. Intent. The City of Spokane Valley declares that regulating the use and operation of Motorized Personal Transportation Devices is necessary to protect the health, safety, and welfare of the public. Therefore, the intent of this ordinance is to promote the safe operation and maintenance of Draft ordinance scooters 11 -16 -04 Page 1 of 6 DRAFT Motorized Personal public. Section 2. There is established Code: Transportation Devices in order to protect the health, safety, and welfare of the New code provisions regulatime Motorized Personal Transportation Devices. the following new Section under Title 7 of the City of Spokane Valley Municipal Chapter 7.35 Motorized Personal Transportation Devices. 7.35.010 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: A. "Motorized foot scooter" means a device with no more than two ten -inch or smaller diameter wheels, has handlebars, is designed to be stood upon (but may have a seat), and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. B. "Motorized Skateboard" means every device with a platform on which the rider or operator balances, the platform having two or more sets of wheels beneath it, propelled by an attached or auxiliary electric or gasoline motor. C. "Motorized Personal Transportation Device" shall be deemed to include motorized foot scooters, motorized skateboards, pocket motorcycles and all other similar devices, but shall exclude motorized wheel chairs, motor driven cycles, mopeds, electric - assisted bicycles, motorcycles, and Electronic Personal Assistive Mobility Devices. D. "Approved Motorcycle Helmet" means a protective covering for the head consisting of a hard outer shell padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations, 16 C.F.R.. § 1203. E. "Approved Bicycle Helmet" means a head covering designed for safety that meets or exceeds the required safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z -00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as may be adopted by the City of Spokane Valley. The helmet shall be equipped with a neck or chin strap that shall be securely fastened while the Motorized Personal Transportation Device is in motion. F. "Street" for the purposes of this Chapter only, means the entire width between the curb boundary lines, including the shoulder of every way publicly maintained in the City of Spokane Valley when any part thereof is open to the use of the public for purposes of vehicular travel or parking. G. "Modified or enhanced" means that any of the settings or equipment of the Motorized Personal Transportation Device, including but not limited to those settings or equipment that affects displacement, horsepower, or muffler effect have been altered to Draft ordinance scooters 11 -16 -04 Page 2 of 6 DRAFT achieve greater power, higher speed, and /or better performance than possible when the unit was delivered from the factory for sale. 7.35.020 Duty to obey rules of the road. Any person operating a Motorized Personal Transportation Device on a street shall obey all rules of the road applicable to motor vehicles, as well as the commands of official traffic control signals, signs, and other control devices applicable to motor vehicles, unless otherwise directed by a law enforcement official or their designee. Every person operating a Motorized Personal Transportation Device on a street is granted all of the rights and is subject to all of the duties and responsibilities applicable to the driver of a motor vehicle pursuant to the Washington Administrative Code (WAC) Chapters 308- 330, except Chapter 308- 330 -500 through Chapter 308- 330 -540 relating to bicycle licensing, as adopted or hereafter amended, a copy of which will be kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05 except as to those provisions thereof which by their very nature can have no application. 7.35.030 Devices. Requirements for operating Motorized Personal Transportation A. Minimum Age. No person shall operate a Motorized Personal Transportation Device on a street, alley, or other public area, unless such person is sixteen years of age or older. B. Passengers - Towing. Only one person shall occupy a Motorized Personal Transportation Device at one time. An operator of a Motorized Personal Transportation Device shall not. transport passengers or tow other devices or persons behind a Motorized Personal Transportation Device. C. Helmet Required - Any person operating a Motorized Personal Transportation Device propelled by an internal combustion engine upon any street, alley or other public place in the City, shall wear an approved motorcycle helmet designed for safety, on his or her head and shall have the neck or chin strap of the helmet fastened securely while the Motorized Personal Transportation Device is in motion or operation. D. Lighting Required. 1. All Motorized Personal Transportation Devices, when in use on any street, alley, or other public area shall be equipped with a functioning lamp on the front that shall emit a white light visible from a distance of at ]cast five hundred (500) feet to the front. 2. All Motorized Personal Transportation Devices, when in use on any street, alley or other public area shall be equipped with a functioning red reflector on the rear of the Motorized Personal Transportation Device, of a . type approved by the Washington state patrol, that is visible from all distances up to six hundred (600) feet to the rear when directly in front of lawful lower beams of the head lamps on a motor vehicle. A Tamp that emits a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. A light- emitting diode (LED) flashing tail light that is visible from a distance of five hundred (500) feet to the rear may likewise be used in addition to the red reflector. Draft ordinance scooters 11 -16 -04 Page 3 of 6 3. All Motorized Personal Transportation Devices in operation on a street shall be equipped with a stop lamp or lamps on the rear of the Motorized Personal Transportation Device which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than three (300) hundred feet to the rear in normal sunlight, and which shall he actuated upon application of a service brake. B. Muffler Required. Motorized Personal Transportation Devices powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the Motorized Personal Transportation Device to prevent a Noise Nuisance as prohibited by Spokane Valley Municipal Code 7.05.040(0). The use of a cutout, bypass, or similar muffler elimination device is prohibited on all Motorized Personal Transportation Devices that are powered by an internal combustion engine. F. Brake Required. Motorized Personal Transportation Devices shall be equipped with a rear brake which, when applied, enables the operator to make the braked wheel(s) skid on dry, level, clean pavement. G. Modifications Prohibited. Motorized Personal Transportation Devices operated within the City of Spokane Valley shall not be modified or enhanced in design or construction from the specifications as provided by the manufacturer or as otherwise required by Spokane Valley Code provisions or the Revised Code of Washington. 7.35.040 Prohibited areas. A. Parks. Motorized Personal Transportation Devices are prohibited from all city parks pursuant to Spokane Valley Municipal Code 6.05.070(G). Violations of this restriction are subject to the specific penalties set forth in Spokane Valley Municipal Code 6.05.090 — 6.05.100. B. Sidewalks. It is unlawful for any person to operate or ride a Motorized Personal Transportation Device on any sidewalk within the City of Spokane Valley city limits C. Public Trails. It is unlawful for any person to operate or ride a Motorized Personal Transportation Device on any public trails, including the Centennial Trail, within the City of Spokane Valley city limits. D. Certain Streets. It is unlawful for any person to operate or ride a Motorized Personal Transportation Device on any street with a speed limit greater than 25 miles per hour. 7.35.050 Applicability of other traffic laws. The following criminal traffic laws shall apply to the operation of Motorized Personal Transportation Devices within the City of Spokane Valley: A. Negligent Driving — First Degree — RCW 46.61.5249, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. Draft ordinance scooters 11 -16 -04 Page 4 of 6 DRAFT B. Negligent Driving – Second Degree – RCW 46.61.525, as adopted by reference WAC 308- 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. C. Reckless Driving – RCW 46.61.500, as adopted by reference in WAC 308 -330- 425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. D. Driving Under the Influence – RCW 46.61.502, as adopted by reference in WAC 308- 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. E. Driver Under 21 Consuming Alcohol – RCW 46.61.503, as adopted by reference in WAC 308- 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. 7.35.060 Dealer notice required. All persons and/or establishments in the City of Spokane Valley involved in the retail sale or lease of Motorized Personal Transportation Devices shall provide to each purchaser of said Motorized Personal Transportation Device, written notice of the regulations, restrictions, and requirements of the City of Spokane Valley Municipal Code Section 7.35 prior to completing the sale or lease of said Motorized Personal Transportation Device. 7.35.070 Violation—Penalty. Any person violating any provision of this chapter, except for Spokane Valley Municipal Code 7.35.040(13), shall be deemed to have committed a [Class 2 or Class 3, plus court costs and fees] traffic infraction. However, conduct that constitutes a violation of a rule of the road, or constitutes a criminal traffic offense, may also be charged as such and is subject to the maximum penalties allowed for such an offense or offenses. A violation of this chapter for a minor under the age of 16 shall result in a referral to the Spokane County juvenile justice system for resolution. Section 3. Severabilitv. If any section, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, phrase, or word of this ordinance. Draft ordinance scooters 11 -16 -04 Page 5 of 6 DRAFT Section 4. Effective date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall be in full force and effect five (5) days after passage and publication as provided by law. ATTEST: PASSED by the City Council this day of , 2004. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming Draft ordinance scooters 11 -16 -04 Page 6 of 6 Meeting Date: 11 -16 -04 City Manager Sign -off: Item: Check all that apply:❑ consent ❑ old business ❑ new business ❑ public hearing El information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Mayoral Appointments to Boards and Committees GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMV MENDED ACTION OR MOTION: Mayor DeVleming may propose making committee appointments. A list of current committee appointments showing expiration dates is attached. BUDGET /F1NANCI_AL IMPACTS: STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action APPOINTED BOARD /COMMITTEE REPRESENTATIVE INITIAL APPOINTMENT TERM EXPIRES AWC Resolutions Commission Rich Munson April 2003 [elected] AWC Legislative Committee Steve Taylor November 2003 Bridging the Valley Cable Advisory Board staff Central Valley School District (CVSD) Rich Munson, liaison October 2003 ad hoc Chamber of Commerce Board Steve Taylor, ex- officio 7 -22-03 8 -31 -05 1 12- 31 -04; 1 12 - 31 -04 Community Development Block Grant 011/25/03 Convention Center & Visitors Bureau Dick DenennY Diana Wilhite, alt i1-14. 1-14-03 11/25/03 Economic Development Council Diana Wilhite Steve.Taylor, alt 11 -14=03 11 -14 -03 12 -31 -04 12 -31 -04 Emerged Communications Bd 911 Finance Committee vacant Diana Wilhite Rich Munson Steve Taylor 12 -10 -02 12 -10 -02 12 -10 -02 1-05 1 -05 1 -05 11/25/03 Friends of Centennial Trail Board Mike DeVleming Dick Denenn 4 -22 -03 10 -07 -03 4 -22 -06 Governance Cmte Re• ional Wastewater Treatment [12 -16 -03 Growth Mgmt Steering Committee Steve Taylor, Rich Munson remainder_Council,alts 1 -14 -03 h -14 -03 f1- .14 -03, 8 -12 -03 (effective 9 -1 -03) 8 -12 -03 12 -31 -04 12- 31 -04' 112- 31 -04: 12 -31 -05 12 -31 -05 Health District Board Dick Denenny (chair for 2004 — elected 12 -03) Mike Flanigan Housing & Comm Develop. Advisory Committee (HCDAC) Rich Munson 1 -28 -03 7 -29 -2006 02 -10 -04 International Trade Alliance Rich Munson 2 -10 -05 Light Rail Citizen Advisory Board Dick Denenny Gary Schimmels, alt [11125103 Lodging Tax Advisory Committee (Hotel /Motel), Spokane Valley Ordinance 27 Mike Flanigan Diana Wilhite, alt 'Jeff Fiman i 2 -25 -03 2 -25 -03 9 -28 -04 2 -25=0 2 -25 -0 2- 25 -03 1 2 -31 -04 12 -31 -04 12 -05 -05 1 2 -31 -04 12 -31 -04 I12 -31 -04 Appointed by Mayor, confirmed by Council 2 mbrs required to collect tax 2 mbrs involved in funded activities Liz Beck, Super 8 Peggy Doering, Valleyfest Jayne Singleton, Legacf 11 councilmembe i Review membership annual! y Terms are one and two -year terms Planning Commission Mike DeVleming, council liaison Bill Gothmann (3 -year term) Ian Robertson (3 -yr term) John Carroll (3 -yr term) Fred Beaulac (2 -yr term) Gail Kogle (2 -yr term) David Crosby (3 -yr term) Bob Blum (3 -yr term) 7 -22 -03 12 -31 -03 12 -31 -03 12 -31 -03 12 -31 -03 12 -31-03 10 -12 -04 (12- 31 -03) 10 -12 -04 (12- 31 -03) '0_2-_31 -04 12 -31 -06 12 -31 -06 12 -31 -06 12 -31 -05 12 -31 -05 12 -31 -07 12 -31 -07 Senior Center Ad Hoc Committee (establish working Gary Schimmels 2 -24 -04 relationship between Sr Ctr Assoc & City in preparation for move to CenterPlace) Mike Flanigan 2 -24 -04 Solid Waste System Liaison Board Gary Schimmels 9 -3 -03 Mike DeVleming, alt Spokane Homeownership Resource Center (SHORC) Diana Wilhite 5 -25 -05 Spokane Housing Authority (SHA) Citizen: Janet Bastine 3 -13 -2003 3 -15 -2008 Spokane Regional Transportation Council Board (SRTC) Gary Schimmels 1 -14 -03 12 -31 -05 Mike DeVleming, alt 1 -14 -03 12 -31 -05 02 -10 -04 SCRAPS (Animal Control Task Force) Gary Schimmels Mike DeVleming, alt 111(25103 Spokane Transit Authority Board of Directors pick Denennyi `i. -14.03 , i12- 31-04 appointments) p Wilhite (withdrew 12-16 _4 --24-03 0-14-03 4-2 -34 -04 02,3t -p4 0 Schimmels, alt Rich Munson appointed 12 -23:' 03 Tourism Promotion Area (TPA) Hotel Advisory Commission Liz Beck 7 -13 -04 3 -31 -07 SV Council appoints 2 members and one ex- officio Harry Sladich 2 -24-04 3 -31-07 All nominees must be operators or employees of lodging business within Spokane County Steve Taylor, ex- officio 2 -24 -04 3 -31 -07 After initial term, three -year terms (Terms start first of April) CITY OF SPOKANE VALLEY 0 Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ['information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Staff Recommendation on Park Maintenance Service Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: On May 25, 2004, Council selected park maintenance services as one of two areas for the City's managed competition pilot project. BACKGROUND: Per Council direction, the Parks and Recreation Department advertised for contracted year -round maintenance of City parks, open space, playing fields and other facilities. A mandatory pre - submittal meeting and facility inspection was held September 9, 2004 with nine firms attending. The written Proposals were due October 1, 2004. Four proposals were received. Two proposals were determined to be non - responsive leaving two proposals- Senske Lawn and Tree Care and Skils'Kin for consideration. A selection team comprised of Mike Jackson, Parks and Recreation Director; Nina Regor, Deputy City Manager; Neil Kersten, Public Works Director; and Morgan Koudelka, Administrative Analyst has been reviewing the proposals. On November 9, 2004, staff presented an update to City Council on the Park Maintenance Managed Competition Process. RECOMMENDED ACTION OR MOTION: Approval for City Manager to negotiate a contract with the service provider selected. BUDGET /FINANCIAL IMPACTS: None for 2004. The proposals are for 2005 and beyond. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business © new business ❑ public hearing 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: SRTC, 2004 CALL FOR PROJECTS, GRANT APPLICATIONS GOVERNING LEGISLATION: CITY OF SPOKANE VALLEY Request for Council Action ❑ information PREVIOUS COUNCIL ACTION TAKEN: Resolution #04 -019 dated 6/22/04 adopting the 2005 -2010 Six Year Transportation Improvement Program (TIP). BACKGROUND: The SRTC Spokane Regional Transportation Council) issued its 2004 Call for Projects on September 30', 2004. This call was issued to all Spokane Area jurisdictions wishing to obtain federal funds for transportation related improvement projects. Project applications were due November 1, 2004. In accordance with the adopted Six Year TIP applications were submitted under the following funding programs for the projects listed below, requested federal funds are shown in parentheses: Congestion Management/Air Quality (CMAQ) Program • Pines /Mansfield Congestion Relief Project ($1,160,000) STP(U) Capital Construction Program • 8 Avenue Reconstruction — Havana Street to Park Road ($4,777,585) • Appleway Boulevard Reconstruction — Tschirley to Hodges Road ($3,196,449) STP(U) Roadway Preservation Program • Argonne Road — Indiana Avenue to Montgomery Avenue ($316,600) • Dishman -Mica Road — 1 Avenue to Sprague Avenue ($57,100) • Broadway Avenue — Bates Road to Sullivan Road ($812,700) • Park Road — Sprague Avenue to Broadway Avenue ($164,400) • Wellesley Avenue — Sunnyvale Road to Flora Road ($342,900) Advanced PE and Design Program • Valley Corridor — Project 2, Appleway Extension — University Rd. to Evergreen Rd. ($455,300) All listed projects are included in the 2005 -2010 Six Year TIP with the exception of the Argonne Road Preservation Project. The Argonne Road project was anticipated to be completed this year. Because the Call for Projects occurred late this year, this project is being rescheduled for 2005. Each project application is required to include a Project Certification Statement signed by the Mayor. The Project Certification Statements are attached for review. Due to time constraints, application deadline, and on advice of SRTC staff, project applications were submitted on November 1 with the Project Certification Statements signed by the Deputy City Manager. Glenn Miles, SRTC Transportation Manager, advised City staff that the Mayor's signature is required on each Project Certification Statement before the applications go to the SRTC Board for approval in December. Staff requests that the Council authorize the Mayor to sign the Project Certification Statements for each of the above listed projects. OPTIONS: 1) Authorize the Mayor to sign Project Certification Statements for the projects listed above, or 2) Withdraw applications from federal funding consideration. RECOMMENDED ACTION OR MOTION: Authorize the Mayor to sign the Project Certification Statements for each application for federal funds on the projects listed above. BUDGET /FINANCIAL IMPACTS: The applications total $11,283,034 in federal funds request with $1,359,895 in local matching funds. The local matching funds for 2005 are currently included in the 2005 budget. STAFF CONTACT: Steve Worley, Senior Engineer; Neil Kersten, Public Works Director ATTACHMENTS 1) Project Certification Statements Project Certification Statement Broadway Avenue Overlay 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [ X ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (TTB,CRAB, FMSIB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (TZB,CRAB, FMSIB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. 1 By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: 212005 Preliminary Engineering: Date: Signed this Attest: day of , 2004 Signed: Mayor /Commissioner 2 Month/Year 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. 1 further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [ [ [ Project Certification Statement 1 Argonne Road Overlay ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (11B,CRAB, FMSfB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (TIB,CRAB, FMSIB). [ X ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: Preliminary Engineering: Date: 1/2005 Month/Year Signed this Attest: day of , 2004 Signed: Mayor /Commissioner 2 Project Certification Statement Dishman -Mica Road Rehabilitation 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [ X ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. [ ] Contained on a funded allocation list by a State Agency (TIB,CRAI3, FMSIB) and funds have specifically been approved by that agency. [ ] Contained on an unfunded allocation list by a State Agency (TIB,CRAB, FMSIB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. 1 certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. 1 acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. 1 By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding,1 request the project be included in the Transportation Improvement Program during the following time frame: Date: 1/2005 Preliminary Engineering: Signed this Attest: day of , 2004 Month/Year Signed: Mayor /Commissioner Project Certification Statement Wellesley Avenue Rehabilitation 1. 1 certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [� ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSIB) and funds have specifically been approved by that agency. [ O [ ] Contained on an unfunded allocation list by a State Agency (TIB,CRAB, FMSIB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation PIan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. 1 acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. 1 By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: 312005 Preliminary Engineering: Date: Signed this Attest: day of , 2004 Month/Year Signed: Mayor /Commissioner 2 [ Protect Certification Statement 1 Park Road Overlay 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [ X ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. [ ] Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSIB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (T1B,CRAB, FMSIB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: Date: 2/2005 Preliminary Engineering: Signed this Attest: day of , 2004 Month/Year Signed: Mayor /Commissioner 1. 1 certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [)(] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSIB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (TIB,CRAB, FMSIB). ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. [ C Project Certification Statement 1 8th Avenue - Havana to Park By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 1.8 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: 1 !2005 Preliminary Engineering: Date: Signed this day of , 2004 Attest: Month/Year Signed: Mayor /Commissioner 2 [ [ Project Certification Statement Pines / Mansfield 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the Following conditions: [ X ] Already allocated to the specific project by official action of the sponsoring agency. [ ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. 3 Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSIB) and funds have specifically been approved by that agency. 3 Contained on an unfunded allocation list by a State Agency ( TIB,CRAB, FMSTB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. T acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: 1/2005 Preliminary Engineering: Date: Signed this Attest: day of , 2004 Signed: Mayor /Commissioner 2 Month/Year Project Certification Statement Appleway - Tschirley to Hodges 1. I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] .A.lready allocated to the specific project by official action of the sponsoring agency. [ ) ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSJB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (T1B,CRAB, FMSIB). [ ] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. 3. I certify the project represented in this application is contained in the Metropolitan Transportation Plan as approved by the SRTC Board in November, 1999. (Metropolitan Area Only) 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. [ [ 1 By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of work or funding sources. Because of the 18-month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: Date: 1/2005 Preliminary Engineering: Signed this day of , 2004 Attest: Signed: Mayor /Commissioner Month/Year Project Certification Statement Valley Corridor - PE Only I certify this project application is a true and complete representation of the scope of work necessary to bring the project, as defined by the project termini, into compliance with local, State, and Federal regulations and standards in effect at the time of application. 2. I further certify the funding sources listed in the application meet the following conditions: [ ] Already allocated to the specific project by official action of the sponsoring agency. [ [ ] Contained in the budget of the sponsoring agency, but still requires official action by elected officials to commit funding. ] Contained on a funded allocation list by a State Agency (TIB,CRAB, FMSIB) and funds have specifically been approved by that agency. ] Contained on an unfunded allocation list by a State Agency (TIB,CRA.B, FMSIB). [X] Is not currently approved for funding; however, applications and approvals will be sought if selected by the SRTC for funding. Oelet-Fef - Area -Qfi4 - 4. I acknowledge and understand the SRTC Board has an adopted policy requiring projects to be ready for construction obligation within 18 months after the year it first appears in the Transportation Improvement Program Year for obligation. 5. I acknowledge and understand all or a portion of the funding for this project may be withdrawn by SRTC if circumstances related to the project change, significantly delaying the project or the project is found to have an adverse air quality conformity determination. 1 By the signature below, I certify the project representations listed above and contained in the project application are a true and correct as of the time of the application submission. I agree that SRTC will be notified of any proposed changes to the projects scope of wort: or funding sources. Because of the 18 -month policy in effect for project construction obligation, should the SRTC Board select the project for funding, I request the project be included in the Transportation Improvement Program during the following time frame: Preliminary Engineering: • Date: Signed this Attest: day of , 2004 1/2005 Month/Year Signed: Mayor /Commissioner 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approving Spokane County Interlocal Agreement Authorizing $14,500 for Consulting Services for Regional Waste Water Alliance GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approval of the Wastewater Alliance Declaration of Purpose on July 13, 2004. BACKGROUND: The Spokane Regional Wastewater Alliance Declaration of Purpose was approved by the Council on July 13, 2004. John Maxwell will be hired by the County to assist in discovering the common interests and concems of each jurisdiction in further pursuit of a regional approach. Attached is a copy of the interlocal agreement and scope of work. The City's share of the cost is $14,500. OPTIONS: Approve or disapprove the interiocal. RECOMMENDED ACTION OR MOTION: Motion to approve the Regional Wastewater Allianance Interlocal in the amount of $14,500. BUDGET /FINANCIAL IMPACTS: There are sufficient funds to cover the contract within the existing Public Works budget. STAFF CONTACT: Neil Kersten ATTACHMENT: Interlocal Retum to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, WA 99260 AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE THIS AGREEMENT, made and entered this day of , 2004, by and between City of Spokane Valley, a Washington State municipal corporation, having offices for the transaction of business at 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA 99206, hereinafter referred to as the 'MUNICIPAL AGENCY," and SPOKANE COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as the 'COUNTY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of COUNTY property and management of COUNTY funds and business; and WHEREAS, pursuant to the provisions of chapter 36.94 RCW, the COUNTY may construct, operate, and maintain a sewerage system as that term is defined in RCW 36.94.010(1); and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, Spokane County, the City of Liberty Lake, the City of Spokane Valley, the City of Spokane, and Liberty Lake Water and Sewer District ("MUNICIPAL AGENCIES ") have a common interest in planning, constructing, permitting, and operating regional wastewater facilities related to protection of our environment; and WHEREAS, the MUNICIPAL AGENCIES have each nominated an elected official to represent them in discussions with the other municipal agencies; and Regional Wastewater Alliance Agreement Page 1 of 9 WHEREAS, the representatives of the MUNICIPAL AGENCIES listed above have had extensive discussions related to regional wastewater governance since July 1993; and WHEREAS; the discussions between the MUNICIPAL AGENCIES has resulted in a draft document entitled "Spokane Regional Wastewater Alliance Declaration of Common Interests and Purpose, July 2004 ", which has been presented to each municipal agency for approval and signature; and WHEREAS, the MUNICIPAL AGENCIES listed above have also suggested that future discussions should be facilitated by an independent consultant, with the initial purpose of establishing common interests and governance alternatives; and WHEREAS the MUNICIPAL AGENCIES have tacitly agreed that the firm of Economic and Engineering Services Inc (EES) would be our joint independent consultant; and WHEREAS EES has prepared a Scope of Work and Budget Proposal for an initial phase of work as defined in Attachment 1 hereto, which has been reviewed and verbally agreed to by the representatives of all of the MUNICIPAL AGENCIES; and WHEREAS the representatives of the MUNICIPAL AGENCIES have verbally agreed that the cost of this initial phase of work would be split in accordance with the table presented on Attachment 2 hereto; and WHEREAS the COUNTY has tentatively agreed to be the lead agency with the sole purpose to execute a contract with EES to perform the initial phase of work. NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the MUNICIPAL AGENCY and COUNTY do hereby agree as follows: 1. Purpose. The purpose of this Agreement is for the PARTIES to: (1) set forth terms and conditions under which the COUNTY will act as the lead agency for this initial phase of work related to evaluating common interests and governance alternatives; (2) hire a joint independent consultant to facilitate the initial phase as defined in Attachment 1 hereto; and (3) share the costs of the services provided by the joint independent consultant. 2. Hiring of Joint Independent Consultant. The COUNTY will execute an Agreement with EES for the Scope of Work and Budget defined in Attachment 1 hereto. 3. Lead Agency. The COUNTY will be the lead agency for conducting the facilitation work. The COUNTY will coordinate the facilitation work closely with all of the MUNICIPAL AGENCIES. For the purposes of this paragraph, the terminology "coordinate" shall mean continuing to meet on a regular basis to review the progress of the work and to discuss issues related to evaluating common interests and wastewater governance alternatives. 4. Financing. The MUNICIPAL AGENCY agrees to reimburse the COUNTY for its proportional share of the actual costs incurred for the Scope and Budget as set forth in the Approved Scope of Work and Budget Allocation section of Attachment 2, not to exceed the Budget Allocation amount for the MUNICIPAL AGENCY set forth in the Approved Scope of Work and Budget Allocation Section of Attachment 2. Regional Wastewater Alliance Agreement Page 2 of 9 5. Every two months, the COUNTY will send an invoice to the MUNICIPAL AGENCY, at the address set forth hereinabove, directed to the attention of Public Works Director, to cover the proportionate share of costs. The MUNICIPAL AGENCY will make payments to the COUNTY, directed to the attention of Bruce Rawls, Utilities Director, at 1026 West Broadway Avenue, Public Works Building, Spokane, Washington 99260 -0430, within thirty (30) calendar days of the date of the invoice. Any delinquent payment shall bear interest at the rate of one percent (1 %) per month, but at least one dollar ($1.00) per month, or as otherwise provided by statute. 6. Additional Expenses. This Agreement does not obligate either the MUNICIPAL AGENCY or the COUNTY to participate in any additional activities or costs after completion of the initial phase of work defined in Attachment 1 hereto. Any additional activities or costs will require the execution of a subsequent Amendment to this Agreement, or a new Interlocal Agreement between the PARTIES. 7. Termination /Disposal of Property. Neither PARTY may terminate this Agreement without the expressed written consent of the other PARTY. Any personal or real property acquired or used by either PARTY in meeting its responsibilities under the terms of this Agreement shall remain under the ownership of the acquiring PARTY upon termination of this Agreement. 8. Representatives. The COUNTY hereby designates Bruce Rawls, Utilities Director, as its representative for the purpose of administering the provisions of this Agreement. The MUNICIPAL AGENCY hereby designates Neil Kersten, Public Works Director, as its representative for the purpose of administering the provisions of this Agreement. 9. Duration: This Agreement shall commence when similar Agreements have been executed with all the MUNICIPAL AGENCIES, and shall terminate after completion of the Scope and Budget of the work defined in Attachment 1 hereto, but not later than June 30, 2005. 10. Precise Organization Of Any Separate Entity Created. No separate entity is created. Each PARTY shall continue to administer its own affairs subject to this Agreement as to any specific arrangements. 11. Recording. This Agreement shall be filed with the COUNTY Auditor per RCW 39.34.040. 12. Miscellaneous. A. Non - Waiver. No waiver by either party of any of the terms of this agreement shall be construed as a waiver of the same or other rights of that party in the future. B. Headings. Headings are inserted for convenience of reference only and are not to be deemed part of or to be used in construing this agreement. C. Entire Agreement. This agreement contains the entire understanding of the parties. No representations, promises, or agreements not expressed herein have been made to induce either party to sign this agreement. D. Modification. No modification or amendment to this agreement shall be valid until put in writing and signed with the same formalities as this agreement. Regional Wastewater Alliance Agreement Page 3 of 9 Attest: E. Assignment. Neither party may assign its interest in this agreement without the express written consent of the other party. F. Severability. In the event any portion of this agreement should become invalid or unenforceable, the rest of the agreement shall remain in full force and effect. G. Compliance With Laws. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this agreement. H. Nondiscrimination. In the performance of this agreement, the Parties shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental status or physical handicap in employment or application for employment or in the administration or delivery of services or any other benefits under the agreement. I. Venue Stipulation. This agreement shall be construed under the laws of Washington State. Any action at law, suit in equity or judicial proceeding regarding this agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Dated: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD Daniela Erickson, Deputy John Roskelley, Commissioner Dated: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Phillip D. Harris, Chair M. Kate McCaslin, Vice -Chair By: David Mercier, City Manager Regional Wastewater Alliance Agreement Page 4 of 9 ATTACHMENT 1 TO THE AGREEMENT REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE ThirdDraft`� F '' r Scop ork and Budget' Proposal Spokane Regional Wastewater. Alliance Background • In a recent meeting of the Spokane Regional Wastewater Governance Committee (Committee), various alternative governance structures were examined for the provision of wastewater treatment and disposal throughout the Spokane regional area. The Committee expressed interest in examining these alternatives in greater detail, and more specifically, determining the interest or concerns of each jurisdiction in further pursuit of a regional approach. This scope of work and budget is presented to examine the key items cited above. Task 1 — Define Project Objectives and Desired Outcomes Task Goal: Define the following critical items: • Definition of regional alliance; • Anticipated achievements of an alliance; • Level of interest in pursuit of a regional alliance; ■ Key objectives and outcomes desired by each jurisdiction; • Any deal breaker" elements; ■ Common and conflicting parameters; • Schedule sensitivities for regional activities; and, • Threshold decision to proceed or not. Approach: This effort will be accomplished by meeting with public works, management, and elected officials from each of the five jurisdictions, i.e., City of Spokane, City of Spokane Valley, City of Liberty Lake, Liberty Lake Sewer and Water District, and Spokane County. However, for the purposes of drafting a range of budget expectations, it has been assumed that there will be a total of 40 meetings with all entities. This includes initial discussions and subsequent follow - up meetings for clarification. Forty meeting events, including time for preparation, meeting, and follow -up, have been used for budgeting purposes. The logistics of these meetings will be coordinated to avoid separate trips or days for each meeting. A summary memo and meeting with the Committee will present the findings of Task 1. If it is determined that the process should proceed to Task 2, a Letter of Intent will be prepared for endorsement by the five jurisdictions that captures the regional definition, anticipated benefits, and commitment of each jurisdiction to earnestly pursue a regional wastewater alliance alternative. Client Role: Accessible and active participation in meetings along with frank dialogue reflecting the position of the jurisdiction as well as individual opinions. Regional Wastewater Alliance Agreement Page 5 of 9 Deliverables: • Forty meetings with representatives of all entities. • Summary memorandum outlining the findings. • Committee meeting to discuss findings. • Threshold determination to proceed to Task 2, or stop. Assumptions: Interviews and meetings will occur with the following representatives from each jurisdiction: • City of Spokane (8) — Mayor, Committee Council Members (3), City Administrator, Public Works Director, Director of Wastewater Management, City Attorney. • City of Spokane Valley (10) — Mayor, Council Members (6), City Manager, Public Works Director, City Attorney. • City of Liberty Lake (3) — Mayor, City Administrator, Director of Planning and Community Development. • Liberty Lake Sewer and Water District (4) — Board of Commissioners (3), General Manager. • Spokane County (5) — Board of Commissioners (3), Utilities Director, Attorney. A total of 40 meetings will be conducted throughout all jurisdictions allowing for one initial meeting with each of the representatives shown above (30), and two follow -up meetings with representatives from each of the five jurisdictions (10). Approximately three interviews per day will occur and these will occur in blocks of no more than three consecutive days per week to allow for scheduling conflicts and minimize travel and direct costs. These meetings will be accomplished over a two to three month period. A summary memorandum will be prepared and distributed to Committee members prior to meeting for discussion. Budget: Labor $34,200 Travel $3,200 Direct $250 Total $37,650 Task 2 — Evaluate Alternatives (future task, not included in this Agreement) Task Goal: The purposes of this task are: • Expand input to include key interest groups; • Evaluate governance alternatives; and, • Evaluate solutions to conflicted parameters defined in Task 1. Approach: Meetings will be held with key regional groups to solicit their input on the goals, objectives, and regional activities authorized for pursuit by the five jurisdictions in Task 1. Examples of the key groups may include the Spokane Regional Chamber of Commerce, Spokane Valley Chamber of Commerce, Economic Development Council, Homebuilders Association, and environmental and tribal representatives. In addition, meetings and discussions with the Washington State Department of Ecology and U.S. Environmental Protection Agency will also occur to determine the regulatory perspective on regionalization. It Regional Wastewater Alliance Agreement Page 6 of 9 is unclear precisely how many meetings will be required to accomplish this task until a more exact number of entities and representatives are established. In addition, Economic and Engineering Services, Inc. (EES) will meet with the Committee to concur, add, delete, or modify the governance alternatives already presented for consideration. Using this list, EES will contact outside jurisdictions having implemented each of the governance alternatives. These discussions will target information regarding their satisfaction with its structure, effectiveness, representation, sustainability, management, financial vitality, and other key items of interest. Of particular note will be features of the alternatives that have been modified, and information on why they were modified to get to the current governance system. In addition, these jurisdictions will be questioned to determine if they experienced the same or similar "deal breaker" issues and, if so, how those were dealt with effectively. Client's Role: Active participation in meetings and effort to resolve or compromise on "deal breaker' issues. Deliverables: • List of governance alternatives used for contact. • Summary of key elements of governance programs. • Potential solutions for "deal breakers." Assumptions: To Be Determined Budget: To Be Determined Task 3 — Select Preferred Alternative (future task, not included in this Agreement) Task Goal: The primary goals of this task are: • Conduct thorough review of governance alternatives; • Compare alternatives; and, • Select preferred alternatives. Approach: Use the Committee forum to examine all viable alternatives and select preferred governance structure. Client's Role: Active participation in all meetings and decision process. The best opportunity for a successful project hinges on a serious effort by each entity to cooperate in the spirit of due diligence, perseverance, compromise, and regional benefit. Deliverables: Preferred alternative Assumptions: To Be Determined Budget: To Be Determined Regional Wastewater Alliance Agreement Page 7 of 9 Task 4 — Develop Implementation Strategy (future task, not included in this Agreement) Task Goal: This task will: • Identify the governance, personnel, technical, financial, and managerial aspects of implementation; ■ Establish a sequence of activities leading to implementation; and, • Examine a pragmatic schedule of these activities. Approach: Evaluate these items in the Committee forum. Client's Role: Active participation in all meetings and decision process. The best opportunity for a successful project hinges on a serious effort by each entity to cooperate in the spirit of due diligence, perseverance, compromise, and regional benefit. Deliverables: Written description of implementation strategy events and schedule milestones. Assumptions: To Be Determined Budget: To Be Determined Task 5 — Implementation (future task, not included in this Agreement) Scope activities will be defined during Task 4. Task 6 — Facilitation Services John Maxwell will provide facilitation services at monthly meetings of the Regional Governance Committee. It is assumed that this level of effort at each meeting will involve: providing notices of meetings, developing meeting agenda, presiding over discussions at each meeting, preparing meeting minutes, distributing minutes for Committee review prior to the next meeting, and consolidating comments into final minutes. Outside the monthly meetings, the level of effort is assumed to potentially include: research on topics of discussion at meetings, discussion with Committee members to coordinate policy issues, and interaction with media or key interest groups. For budgeting purposes, it is anticipated that this service will continue for six months as Task 1 evolves. This role and schedule will be subject to revision with commensurate adjustments in scope and budget if the Committee decides to move ahead with additional tasks. Budget: Monthly meetings - (1 per month for 6 months) Labor $18,240 Travel $2,010 Direct $100 Total $20,350 Outside meeting efforts — time and material (as authorized by the Committee). Regional Wastewater Alliance Agreement Page 8 of 9 �J ATTACHMENT 2 TO THE AGREEMENT REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE Approved Scope of Work and Budget Allocation At the July 8, 2004 Governance Committee /Meeting it was agreed that the initial work effort for Tasks 1 and 6 would be contracted through Spokane County via an Interlocal Agreement between participating jurisdictions. It was further agreed that costs for this initial work would be allocated in the manner shown below. The method of allocating expenses associated with additional task work authorized by the Committee at a later date will be reviewed at that time. J_u�s idid cton��;k�' x,��:t: City of Spokane City of Spokane Valley Spokane County Liberty Lake S &W District City of Liberty Lake Total .Percent 5- Task 1 25.0 25.0 25.0 12.5 12.5 100.0 $9,412.50 9,412.50 9,412.50 4,706.25 4.706.25 $37,650.00 $5,087.50 5,087.50 5,087.50 2,543.75 2.543.75 $20,350.00 :;Budget All co ationi, $14,500.00 14, 500.00 14,500.00 7,250.00 7.250.00 $58,000.00 Regional Wastewater Alliance Agreement Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Consultant Services Agreement with CH2M HILL for Barker Road Project GOVERNING LEGISLATION: Ordinance No. 22 — Establishing the Procurement Procedure for Architectural and Engineering Services. PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of Six Year Transportation Improvement Plan, which includes the Barker Road project, 2) Authorized City Manager to execute a Fuel Tax Grant Distribution Agreement with TIB for the Barker Road Project. BACKGROUND: The City of Spokane Valley received a TIB grant in the amount of $2,398,560 for the reconstruction and widening of Barker Road from Boone Avenue to the Spokane River. The project is to replace the existing two -lane rural road with a three -lane urban street with a center left -turn lane, sidewalks, curbs, and bike lanes. In accordance with Ordinance No. 22 staff issued a public Request for Qualifications (RFQ 04- 003) to select the most highly qualified engineering firm to provide engineering services for the design and development of construction contract documents for this project. Seven local engineering firms submitted RFQs. A selection committee reviewed the RFQs and ranked each consultant based on qualifications, experience and understanding of the Barker Road project. CH2M HILL was selected as the most highly qualified consultant for this project. Staff negotiated with CH2M HILL on the development of a Scope of Work and contract Fee to complete the design and preparation of construction contract documents. The proposed Fee of $289,511.88 fits within the project budget. It is recommended that the standardized TIB Consultant Agreement be used for this project. Cary Driskell, Deputy City Attorney, has reviewed this standardized agreement and has no objections to its use in lieu of Spokane Valley's standard Consultant Agreement. OPTIONS: 1) approve the recommended action, or 2) provide additional direction. RECOMMENDED ACTION OR MOTION: Authorize the City Manager to execute the Consultant Agreement, Scope of Work and Fee for CH2M HILL for the Barker Road Project BUDGET /FINANCIAL IMPACTS: The 2004 budget includes $238,000 of local matching funds for this project. The 2005 budget currently includes $215,000 of local match funds which will be used for the construction phase of this project. STAFF CONTACT: Steve Worley, Senior Engineer (CIP); Neil Kersten, Public Works Director ATTACHMENTS TIB Consultant Agreement, Scope of Work, Fee Schedule TIB PROJECT NUMBER 13-3-2084001) -1 PROJECT PHASE lobar one) E1 Design • Construction PROJECT TITLE 8 WORK DESCRIPTION Barker Road - Boone Avenue to Spokane Rarer CONSULTANT NAME & ADDRESS CH2M HILL, 9 South Washington, Suite 400, Spokane, WA 09201 AGREEMENT TYPE (chec*one) PROGRESS PAYMENT RATE % • LUMP SUM $ X COST PLUS FIXED FEE OVERHEAD OVERHEAD COST METHOD FIXED FE S • Actual Cost ❑ Actual Cost Not To Exceed % ID Fixed Rate Jalg % • SPECIFtC RATES OF PAY • Negc6ated Misty Rate • Pro 4 ionml Hourly Rage • COST PER UNIT WORK DBE PARTICIPATION WBE PARTICIPATION % • Yes Fii ND % ❑ Yes © No COMPLETION DATE May 1, 2005 MAXIMUM AMOUNT PAYABLE $321,894.55 ,� Transportation Improvement Board (TIB) VI Consultant Agreement THIS AGREEMENT, made and entered into this day of November, 2004, between the CITY OF SPOKANE VALLEY, WASHINGTON, hereinafter called the AGENCY, and the above organization hereinafter called the CONSULTANT. The Transports on Improvement Board hereinafter called the TIB, administers the following account: Urban Arterial Trust Account funds, Transporta5on Improvement Account hands, Small City Acaourd funds, and City Hardship Assistance Aceotmt funds. WITNESSETH THAT: WHEREAS, the AGENCY dmires to accomplish the above referenced project with the aid of TIB funds in conformance with the rules and reguFations promulgated by the TIB; and WHEREAS, the AGENCY does not has sufficient staff to meet the required commitment and therefore deems A advsabte and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT repents that heJshe is in compliance with the Washington State State` relating to professional reg'stration, 'd appticatde, and has signified a willingness to furnish Considine services to the AGENCY, NOW THEREFORE, in consideration od the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: GENERAL DESCRIPTION OF WORK SCOPE OF WORK The work under this AGREEMENT shall core st of the above described work and servioas as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shell furnish al services, labor and related equipment necessary b conduct and complete the work as designated esewirfe in this AGREEMENT. II The Scope of Work and project level of effort for this project is detailed in Exhibd B attached hereto, and by this reference made a part of Ors AGREEMENT. TIB Form 194-016 Revised Oct 2001 Page 1 0122 111 GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agendas, groups or individuals Shall receive advance approval by the AGENCY. Necessary contacts and meetings with agendas, groups or iodividuafs shall be coordinated through the AGENCY. The CONSULTANT shall attend ooardina€ion, progress and presentation meetings with the AGENCY or such Federal, Community, Slat, Cly or County atheists, groups or individuals as may be requested by the AGENCY. The AGENCY oil provide the CONSULTANT sufuaent notice prior to meefnngs requiring CONSULTANT parfirapafrar► The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit 8 attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient delay so that the progress of the work can easily be evaluated. Goals tor Disadvantaged Business Enterprises (cep, Minority Business Enterprises (MBE), and Women -owned Business Enterprises (WBE) if required shall be shown in the heading of this Agreement. The original cops of all sports, PSBE, and other data fumshed to the CONSULTANT by the AGENCY shall be retumed, NI designs, dravrings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service fa the PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others acing through or on behalf of the AGENCY of any such instruments of service, not occurring as a pad of this PROJECT, shall be without frabitity of legal exposure to the CONSULTANT. N TIME FOR BEGINNING AND COMPLETION The CONSULTANT shal not begin any work under the tears of this AGREEMENT untl authorized in vrtieng by the AGENCY. AI work under this AGREEMENT shall be completed by the dale shown in the heading of this AGREEMENT under completion date. The estabished completion tine shall not be extended because of any delays attributabte to the CONSULTANT, bre may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or became of unavoidable delays caused by an act of GOD or governmental actions or otter 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 The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT es proeraled m Exhlbd C attached hereto, and by this reference made pad of this AGREEMENT. Such payment shall be hull compensation for volt 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. VI SUBCONTRACTING The AGENCY permits subcan`rars for those items of work as shown in Exiled G to this Agreement. Compensation for this subcasultant work shall be based on the cost factors shown on Exhibit G, attached hereto and by iht reference made a part of this AGREEMENT. The work of the s0thconsuBard shal not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. Transportation Improvement Board (116) Consultant Agreement AB renmbursabte direct tabor, overhead, direct non -salary costs and had fee costs tor the subconsuttant shall be substantiated in the same manner as outlined hn Section V. Al subcontracts exceeding $10,000 in cost shall contain all app6cs11e provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the pert manic of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting strati create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that heishe has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or seare ttrs contract, and that d has not paid or agreed to pay any oourmany or person, other than a bona fide employee working solely for the CONSULTANT, any tee, commission, percentage, brokerage fee, gilt or any other consideration, co ntingent upon or resulting from the award or making of tit's contract. For breach or violation of this warrant the AGENCY smell have the right to annul this AGREEMENT without liabirty, or in its discretion, to deduct from the AGREEMENT price or consideration or otherwise mover the hi amount of such tee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons vitite 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 or might arise under any Worker's Compensation Act an behalf of said employees orr persons %dee so engaged, and any and all dal= made by a third party as a consequence of any act or omission on the part al the CONSULTANTs employees or other persons while so engaged on any of the wort err services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, an a hi or part time basis, or other basis, during the period of to contract, any prnfessiional ar technical personnel who are, or have been, at any time during the period of the conirect, in the empty of the STATE, or the AGENCY, except regularly retired employ, witout mbar consent of the pubic employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate aganst any cent, employee or applicant for employment a far services because of race, creed, color, national origin, marital status, sax, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the foaming: employment upgrading, demotion or transfer, reamirment or any recrurteent advertising, layoffs or terminations, rates of pay or other forms al compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that d it violates this provision, this AGREEMENT may be terrrinatcl by the AGENCY and further that the CONSULTANT shal be barred from pertaining any services for the AGENCY now or in the future unless a showing is made set fairy to the AGENCY that disainninatory prat es have terminated and that rearrenee d smack action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in itterrt agrees as follows A COMPLIANCE WITH REGULATIONS: The CONSULTANT shal comply with the Regulations relative to nondiscrimination tion in the same manner as in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time TIB Form 190016 Revised Oct 2001 Page 2 of 22 ID time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. 8. NONDISCRIMINATION: The CONSULTANT, with regard to fire wort performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection aid retention of subconsuttanta, ircludng 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 contract avers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations eith& by competitive bidding or negotiation made by the CONSULTANT for work b be performed under a subcoubecf, including procurements of materials or leases of equipment, each poteniiat subocrrsuttant or supplier shad be notified by the CONSULTANT of the CONSULTANTs obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMAT1CN AND REPORTS: The CONSULTANT shall provide al iniorma6on and reports required by the Regutations, or directives issued pursuant then o, and shaft permit access to it books, records, accounts, other sources of information, and its faces as may be determined by the AGENCY or TIB to be pertinent to ascertain comppanoe with such Regulations or direcMs. Where any information required of the CONSULTANT is in the exclusive possession of another who tabs or refuses to furnish this information tie CONSULTANT shall so certify to the AGENCY, or the 118 as appropriate, and shall set forth w'h0 efforts ti has made to obtain the iu'onnafiirn. E. SANCTIONS FOR NONCOMPUANCE: In the went of the CONSULTANTs noncompliance with the nondscrinithafion provisions al this AGREEMENT, the AG NCY shall impose sixth sanctions a it or the Transportation Improvement Board may determine to be appropriate, indudmg, but not limited tot 1. Withholding of paymerds to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, smiler 2. Cancellat n, termination re suspension of the AGREEMENT, m whote or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, inducting procurements of materials and leases of equipment, unless exempt by the Regutations or directives issued pursuant fiereth_ The CONSULTANT shall take such action with respect to any svbconsuttant or procurement as the AGENCY or the Troy portation Improvement Board may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub onsultant or supplier as a rmdt of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the 118 to eater into suds litigation to protect the interests of the 118. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shal comply with RCW 49.60.180 protulffi g unfair employment practices and the Executive Orders numbered E0.70-01 and E.0.66-03 of the Governor of the Stale of Washington. IX Transportation Improvement Board (TIB) Consultant Agreement TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for fault on the pad of the CONSULTANT, a final paymerd shall be made to the CONSULTANT as shoran in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following r=eipt by the CONSULTANT of the Notice of Termination. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shag be due and the CONSULTANT small immediately reimburse the AGENCY for any excess paid. In the event the services of the CONSULTANT are terminated by the AGENCY for fault on the part of the CONSULTANT, the above formula for payment shal not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual oast incurred by the CONSULTANT in performing the wade to the dale of lamination, the amount of work originally required which was sa1Lsfactoriy completed to date of termination, whether that work is in a form or a type which is usable b the AGENCY at the time of termination; the cost to the AGENCY of emptoying another firm to complete the work required and the time which maybe required to do so, and other factors which affect the %slue to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under the subse. ton exceed the mould which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANTs failure to perform is without it or its employees fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. 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 the AGREEMENT, ti requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, ti to AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the sunmia1g members of the CONSULTANT, with the AGENCYs concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. In fare event this AGREEMENT is terminated prior b completion, the original copies of all reports and other data, PS&E materials famished to the CONSULTANT by the AGENCY and documents prepared by the CONSULTANT prior to said termination. shall become and remain the property of the AGENCY and may be used by it wit out restriction. Such unrestricted use, not occurring as a part of this PROJECT. shall be without lability or legal exposure to the CONSULTANT. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any renmedies c( any type it may have against the CONSULTANT for any breads of this AGREEMENT by the CONSULTANT, or for taiure of the CONSULTANT to perform work required of by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entifiemeaf to exercise those rights with respect b any future act or omission by the CONSULTANT. X TIB Form 190.016 Revised Oct 2001 Page 3 0122 CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of the AGREEMENT as necessary to cared errors appearing them, when required to do so by the AGENCY, without additional compensation thereof. Should The AGENCY find it desirable for its can 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 wiU be paid for as herein provided under Section XN. XI DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shal be referred for determination to the Director of Public World or AGENCY Engineer, whose decision in the mater shall be final and bimcing on the parties of this AGREEMENT, provided however, th at if an action is brought duaTenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to the scope of judicial review provided under Washington Case Lax. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems if necessary to institute legal action or proceedings to enforce any light 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, stuated in the county the AGENCY is located in. The parties hereto agree that all questcns shal be resorted by application of Washington law and that the parties to such action shall have the right of appeal from such decialo s of the Superior court in accordance wrath 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 the AGENCY is boated in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with at Federal, State, and bcal Ws and ordinances applicable to the work to be done under this AGREE Walt This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shal inderrahrsy and hold the AGENCY and the STATE of Washington, and their officers and empbyees harmless from and shall process and defend at is own expense all claims, demands, or suits at lax or equdy arising in whole or in part horn the CONSULTANTs negligence ar breach of any of its obligations under this AGREEMENT; pmb:led that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE aganst and hold harmless the AGENCY and the STATE from claims, demands ar suits based solely upon the conduct of the AGENCY and 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 CONSULTANTS agents or employes and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision wih respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANTs negligence or the neggen a of the CONSULTANTs agents Or employees. The CONSULTANTs relation to the AGENCY shall be at al times as an independent contactor. The CONSULTANT specifically assurers potential liability for actions brought by the CONSULTANTs c rn employees against the AGENCY and, solely for the purpose of this tndemnific aion and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance taw, Idle 51 RCW. The CONSULTANT recognizes that this waiver was specific y entered into pursuant to the provisions of RCW 424.115 and was the subject of mutual negotaf n. G •, Transportation Improvement Board (TIB) 3 Consultant Agreement Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction cones, if any, on the project Subject to the processing of an acepoble, supplemental agreement, the CONSULTANT shall provide on -call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibaty for proper construction techniques, job site safely, or any construction contractor's fature to perform Its work in accordance with the contract documents. The CONSULTANT shal obtain and keep in force during the temss of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. General commercial liability insurance in an amorant net less than a single limit of one million and 00V100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional Iiaboity insurance secured by the CONSULTANT, the AGENCY will be named on all cerf iicates of insurance as an additional insured. The CONSULTANT AA furnish the AGENCY with verification of insurance and endorsement required by this AGREEMENT. The AGENCY reserves the right to require complete, certified wpfes of al required insurance polcim at any time. All insurance shat be obtained from an insurance company authorfzod to do busyness in the State of Washington. The CONSULTANT shal submit a verfhs,ation of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing polices shall be efechve without thirty (30) days prior notice to the AGENCY. The CONSULTANTs professional liability to the AGENCY shall be Grilled to the around payable under this AGREEMENT or one million dollars, whichever is ehe greater unless modified by Exhibit R. In no case shal the CONSULTANTs professional liability to third parties be limited in any way. The AGENCY wD pay no progress payments under Section V until the CONSULTANT has fully compied wt h this section. This remedy Is not exclusive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or othawise 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 decease in the esthmated 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 tams and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) rrsndmum amount payable; (2) delivery or oompleion schedule, or both; and (3) other affected terms and shalt modify the AGREEMENT acaord'ngty. C. The CONSULTANT must submit any proposal for adjustment (hereafter referred to as proposal) under this clause within 30 days from the date of react of the written order. However, if the AGENCY decides that the fads justify it, the AGENCY may receive and act upon a proposal submitted before final payment of the AGREEMENT. Ti B form 190.016 Revised Oct 2001 Page 4 of 22 D. Failure to agree to any adjusbnent shall be a dispute under the dsputes dame. However nothing in this clause shall excuse the CONSULTANT from proceedng with the AGREEMENT as changed_ E Notwithstanding the teens and concritri of paragraphs (a) and (b) above, the maximum amount payable for fhb AGREEMENT, shall not be increased or considered to be increased except by speak written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement an all plans, estimates or any other engineering data furnished by him. XVI TI8 AND AGENCY REVIEW The AGENCY and TI8 shall have the right to participate in the review or examination of the work in progress. In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written. By By Consultant City/County of EXHIBIT A -1 Certification of Consultant _ •. Transportation Improvement Board (TIB) ` ! Consultant Agreement XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit A -1, are the Certificatiors of the Consultant and the Agency. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all ca+enants, stipulations and provision, agreed upon by the parties. No agent, or rearesentative of either party has authority to male and the parties shat not be bound by or be liable far, any staternent, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be gelid 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 witch shall be deemed to be an original having identical legal effect. The CONSULTANT doh hereby rattly and adopt all statements, representations, warranties, covenants, and agreement contained in the proposl, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. T1B Form 190.016 Revised Oct 2A01 Page 5 of 22 Project No. 83208(001 )-1 City:- County Spokane Valley I hereby certify that I am JAMES S, CORRELL a duly authorized representative of the firm of CH2M HILL, INC whose address is 9 South Washington. Suite 400, Spokane, Washington, 99201 -3709 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 atxrre CONSULTANT) to solicit or secure this contract (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection with carrying out the contract. (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, eonbibution, donation or consideration of any kind far, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with requirements of the Board of Professional Registration. I acknowledge that this eertjfirite is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and cavil. TIB Form 190 4)16 Revised Oct 2001 Data Transportation Improvement Board (TIB) Consultant Agreement signaturn Certification of Agency Official I hereby certify that I am the AGENCY Official of the City/County of Washington and that the above oonsutting firm or hislher representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contact to: (a) Employ or retain, or agree to employ or 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 here expressly stated (f any). I acknowledge that this certificate is to be available to the 11B, in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both ariminal and civil. D&e Signi ure Page 6 of 22 T1B Farm 190-016 Revised Oct 2001 EXHIBIT B -1 Scope of Work , Transportation Improvement Board (TIB) '41 Consultant Agreement Project 'Oa 11-3- 202(001 )-1 Descnbe the Scope of Work Documents to be Furnished by the Consufiant Page7of22 Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONSULTANT. The amount established for each assignment vn71 be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and CONSULTANTS obligations hereunder are limited to tasks assigned in writing. Task assignments may include, but are not Embed to, the following types of work: A B. C. D. E F. G. H. I. EXHIBIT B -2 Scope of Work (Task Order Agreement) ` Transportation Improvement Board (118) "/) Consultant Agreement Task assignments made by the AGENCY shall be issued in writing using a Formal Task Assignment Document. The following page, shoving a Formal Task Assignment Document, may be copied and completed for each Task Assignment An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY, except that emergency actions requiring a 24 -hour or Less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four waiting days, and any billing rates agreed to orally (for individuals, subconsultanls, or organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the AGENCY. T1B Form 196016 Revised Oct 2001 Page 8 of 22 Project The Location of Project Maximum Amount Payable Per Task Annie t Completion Date DesaipSon of Work (Note afrachmnis and give Wet desatp6on) Agency Ptojwt Manager Signature Date Oral Auttwruz5on Date See Letter Dalai Consultant Slgnahae Date Agency APprming Authority Date The general provisions and clauses of Agreement TIB Farm 190-016 Re+ised Oct 2001 FORMAL TASK ASSIGNMENT DOCUMENT Task Number Transportation Improvement Board (TIB) Consultant Agreement shall be in full force and effect for the Task Assignment. Page 9 of 22 EXHIBIT C -1 Payment (Lump Sum) Transportation Improvement Board (TIB) Consultant Agreement A. Lump Sum Agreement Payment for all consulting services for this project shall be on the basis of a lump sum amount as shown in the heading of this AGREEMENT. The maximum amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT as maximum amount payable unless a supplemental agreement has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. B. Monthly Progress Payments Partial payments may be made upon request of the CONSULTANT to cover the percentage of work completed and are not to be more frequent that one (1) per month. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned wil 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, and other related documents which are required to be furnished under the 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 shad not, however, be a bar to any claims the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. D. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep evadable for inspection by representatives of the AGENCY and/or the TIB for a period of three years after 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 connedion with, or related to this contract is initiated before the expiration of the three -year period, the cost records and accounts shad be retained until such litigation, claim or audit involving the records is completed. TIB Form 190-016 Revised Oct 2001 Page 10 of 22 EXHIBIT C -2 Payment (Cost Plus Fixed Fee) Transportation Improvement Board MB) Consultant Agreement • 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 aft work performed or services rendered and for al labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, 'Scope of Work." A. Actual Costs Payment for all consulting services for this proved shall be on the basis of the CONSULTANTs actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost 1. 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. 2. Overhead Costs Overhead costs are those hosts other than direct costs which are included as such on the books au the CONSULTANT in the normal everyday keeping of its bootee. Progress payments shal 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 three options are explained as follows: a Actual Cost If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs venal by audA, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual costs. b. Actual Cost Not To Exceed Maximum Pereent 11 this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Fatal overhead payment when accumulated wet all other actual costs shaft not exceed the total maximum amount payable sham in the heading of this AGREEMENT. c. Foced Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reinburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A simenary of the CONSULTANTs cost estimath and the overhead computation are attached hereto as Exhrbtls D and E and by this reference made part of this AGREEMENT. When an actual cost overhead rale or actual ccet not to exceed overhead rate is used, the actual overhead rate determined al the end of each fecal year shaft be used for the computation a; progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rale. The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate tor each fiscal year and of the actual rate incurred to the dale of completion of the work. The AGENCY andlor PH may perform an audit of the CONSULTANTS books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Cost Direct nonsalary costs will be reimbursed al the actual cost to the CONSULTANT applicable to this contract These charges may include, but are no! limited to the following items: travel, printing, tong distance telephone, stipples, computer charges, and fees of suboonsultants. Air or train travel will only be reimbursed to economy lass tevets unless otherwise approved by the AGENCY. The billing for nonsatary cost, directly identifiable with the Projec shal be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts. and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shal be provided to the AGENCY upon request Al of the above charges must be necessary for services to be provided under this AGREEMENT. 4. Fixed Fee The tied fee, which represents the CONSULTANTS profit, is shown in the heading of this AGREEMENT under Fixed Fee. This foe is based on the scope d work defined in this AGREEMENT and the estimated man. months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may Include provision for the added casts and appropriate addrbanal fee. The fixed fee wilt 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 invoices. TIB Farm 190.016 Rr l scd Oct 2001 Page 11 0122 TIB Form 180-016 Re 5sed Oct 20D1 Transportation Improvement Board (TIB) Aa. Consultant Agreement Any portion of the fused tee eamed by not previously paid in the progress payments will be cover in the final payment, subject it) the provisions of Section IX, Termination of Agreement 5. 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 as maximum amount payable, Midi includes the Fixed Fee, unless a supplemental agreement has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. B. Monthly Progress Payments The CONSULTANT may submit 'invoices to the AGENCY for reimbursement of adual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved try the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of the AGREEMENT. The invoices wti1 be supported by itemized listing and support document for each gem including direct salary, direct nonsalary, and allowable overhead costs to which w21 be added the prorated Foxed Fee. C. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount eamed will be made promptly upon its verification by the AGENCY after the completion of the work under (his AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be fumished under this AGREEMENT. Acceptance od such final payment by the CONSULTANT shall consfltute a release of all claims of any nature which the CONSULTANT may have against the AGENCY unless such claims are specific* reserved in writing and transm;ted 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 A may pursue with respect to such claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue Kith respect to such claims. D. Inspection of Cost Records The CONSULTANT and his subccnsuttants shall keep available for inspection by representatives of the AGENCY andl'or TIB, for a period of three years after final payment, the cosf re ords and accounts pertaining to this AGREEMENT. If any litigation, dai n, or audit arising out of in connection with, or related to this contract is initiated before the expiration of the three -year period, the cost records and accounts shal be retained until such litigation, claim, or audit involving the records is completed. Page 12 of 22 EXHIBIT C -3 Payment (Negotiated Hourly Rate) Transportation Improvement Board (TIB) J Consultant Agreement The CONSULTANT shall be paid by the AGENCY for completed work and services under this AGREEMENT as provided hereinafter. Such payment shall be ful compensation for work performed or services rendered and for all tabor, materials, supplies, equipment, and incidentals necessary to complete the work. 1. Hourly Rates The CONSULTANT shal be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhitxls 0 and E attached hereto and by this reference made part of this AGREEMENT. The rates Isted shal be applicable for the first 12 -month period and shall be subject to negotiation for the flowing 12 -month period upon request of the CONSULTANT or the AGENCY. The rates are inclusive of direct salarie payroll additives, overhead, and fee. In the event renegohation of the hourly rates is conducted, the AGENCY reserves the right to audh for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rats to be paid b the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANTs fixed hourly rates may include salary or overhead adjustments_ 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subeonsultants. Air or train travel whl only be reimbursed to economy class levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an ftemized 'sling of the charges supported by the original tills, invoices, expense accounts, and nv3ce }aneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT. 3. Maximum Amount The maximum amount payable for completon al work under this AGREEMENT shal not emceed the amount shown in the healing of this AGREEMENT. No minimum amount payable is guaranteed under this AGREEMENT. This does not include payment for extra work as stipulated in Section XIV, Extra Work. 4. Monthly Progress Payments Progress payments may be da'vned on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended al the rates established in Exhibits D and E, including names and dassifications of all employees, and invoices for all direct expenses. 5. Inspection of Cost Records The CONSULTANT and his/her subccnsuttants shall keep available for inspection by representatives of the AGENCY, andlor T1B, for a period of fnree years after find paymen the cost records and accounts pertaining to this AGREEMENT, and all items instated to bearing upon these records with the following exception: if any Lfigation, claim, OP audit is started before the three -year period, the records shall be retained unth all lifigation, claims, or audit findings involving the records have been resolved. The three -year period begins when the CONSULTANT receives final payment 6. Final Payment Final payment of any balance due the CONSULTANT of the gross earned will be made promptly upon its verffication by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall caurstihrte a release of claims of any nature 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 daims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The rates and total price of the original contract and any additions or changes thereto shall be adjusted to exclude any significant sures by which the AGENCY determines the contrail price was increased due to inaccurate, incomplete, or noncurrent wage rates or overhead roles, supplied to the AGENCY by the CONSULTANT. TIB Farm 196-016 Revised Oct 20D1 Page 13 of 22 EXHIBIT C-4 Payment (Provisional Hourly Rate) Transportation Improvement Board (TIB) Consultant Agreement The CONSULTANT shall be paid by the AGENCY for completed work and services 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. 1. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the provisional hourly rates shown in Exhs D and E attached hereto and by this re:arence made part of the AGREE ,(ENT. The actual hourly rates will be determined by an au of 19 _ and/or 19 _ art data Tres provisional rates fisted shall be utiC¢ed until the resets of the audit are known and ws be retroadivety Austad to reflect actual owts. The provisional and/or audited rates fisted shag be applicable tor the first 12 -month period and shag be subject to negotiation for the following 12 -month period upon request of the CONSULTANT cr the AGENCY. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rats is conducted, the AGENCY reserves tike sight to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accord ty. Any changes in the CONSULTANTs foxed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual oust to the CONSULTANT. The charges may include, but are nol limited to the following items: to el, printing, long &stance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy dass levels unless otherwise approved by the AGENCY. The billing tor =eatery cost, directly idenEfiable with the PROJECT, shall be an lames listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of file original suppartig documents shal be suppled to the AGENCY upon request All above charges nest be necessary for the services provided under this AGREEMENT. 3. Maximum Amount The maximum amount pafebt for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. No minimum amount payable is guaranteed under this AGREEMENT. This does not include payment for extra work as stipulated in Section XN, Extra Wort 4. Monthly Progress Payments Progress payments may be claimed on a monthly bass for all costs authorized in 1 and 2 above. The monthly invoices shal be supported by detailed st ements for hours expended al the rates established in Extu'bits 0 and E, including names and classilicaioms of all employees, and invoices for al direct evens es. 5. Inspection of Cost Records The CONSULTANT and hlsAher subcensuftants shall keep available for inspection by representatives of the AGENCY, and/or TIB, for a period of three years ear final payment, the cast molds and accounts pertaining to this AGREEMENT and all items refer to or bearing upon these records with the following exception: If any aigation, daim, or audit is started before the three -year period, the records shall be retained uni all litigation, claims, or audit findings involving the records have been resotved. The three-year period begins when the CONSULTANT receives final payment 6. Final Payment Final payment of any balance due the CONSULTANT of the gross earned will be made prompty 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, and other related documents which are required to be furnished under this AGREBAENT. Acceptance of such final payment by the CONSULTANT shall constitute a ralease of claims of any nature which the CONSULTANT may have against the AGENCY, unless such rains are speolcelly reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to it acceptance. Said final payment shall not, however, be a bar to any daims that the AGENCY may have against the CONSULTANT or to any remedies be AGENCY may pursue with respect to such daims. The rates and total price of the original contract and any additions or changes thereto shall be adjusted to exclude any s?9nificant sums by which the AGENCY determines the contact price was increased due to i naccrnate, incomplete, or noncurrent wage rates or overhead rates, supplied to the AGENCY by the CONSULTANT. TIB Fore 1911.016 Revised Oct 2001 Page 14 o122 C� F 1 TIB Form 190 -0116 Revised U12001 EXHIBIT C -5 Payment (Cost per Unit of Work) �. Transportation Improvement Board (TIB) J ' Consultant Agreement 1. When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal based upon a typical scope of work. Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve as a ma dmum amount payable for the project For accounting purposes, the CONSULTANT will be paid by the AGENCY far work done, based upon mutually agreed unit rates for work defined in Exhibits D and E. The listed rates shall be applicable throughout the life of this AGREEMENT. The rates are inclusive of actual salaries, overhead, profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work. Compensation for the following expenditures will be allowed when these costs are incurred directly in fulfilling the terns of this AGREEMENT: 2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown an page 1 of this AGREEMENT, unless a supplemental AGREEMENT has been negotiated and exearted by the AGENCY prior to incurring any costs in excess of the maximum amount payable. 3. The CONSULTANT may subma invoices to the AGENCY riot more often than once per month during the progress of the work for partial payment of completed to date. The invoices will indicate the units of work completed each day during the invoice period in addition to the previous total. Direct nonsalary costs, such as travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment For example, a copy of the telephone company's itemized listing showing each call is necessary to verify the bifiing for long distance telephone cans. Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent the value of the completed work, less the amounts previously paid. Page 15 o122 TIB Form 190.016 Revised Oct 2001 EXHIBIT D -1 Consultant Fee Determination Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost per Unit of Work) Transportation Improvement Board (TIB) Consultant Agreement Prepared by Project Direct Salary Cost (DSC) Classification OVERHEAD (OH Cost including Salary Additives) FIXED FEE (FF) REIMBURSABLES SUBCONSULTANT COST (See Exhibit G) GRAND TOTAL Man Hours Rate x x x x x x x OH Rate x DSC or % x $ FF Rate x DSC or % x $ D a G TOTAL DSC $ Itemized Cost $ Page 15 o122 rTh EXHIBIT D -2 Consultant Fee Determination Summary Sheet (Specific Rates of Pay) FEE SCHEDULE fl Discipline or Job Tide Hourly Rate 1 Overhead @ Profit @ Rate Per Hour TIB Farts 184416 Revised Oct 2001 ;: Transportation Improvement Board (TIB) ) Consultant Agreement Page 17 01 22 T1B Form 190.016 Revised Oct 2001 } Transportation Improvement Board (TIB) V I Consultant Agreement EXHIBIT E-1 Breakdown of Overhead Cost (Sample Only - Actual fine item and cost categories and percentage for fan should be submitted.) Page 18 or 22 FRINGE BENEFITS: FICA Unemployment Medical Aid and Industrial Insurance Company Insurance and Medical Vacation, Holiday, and Sid( Leave Commission, Bonuses/Pension Plan TOTAL FRINGE BENEFITS _: GENERAL OVE , State BELO Taxes Insurance Administration and Time Not Assignable Printing, Stationery, and Supplies Professional Services Travel Not Assignable Telephone and Telegraph Not Assignable Fees, Dues, Professional Meetings Utifiities and Maintenance Professional Development Rent Equipment Support Office Miscellaneous, Postage TOTAL GENERATED OVERHEAD GRAND TOTAL T1B Form 190.016 Revised Oct 2001 } Transportation Improvement Board (TIB) V I Consultant Agreement EXHIBIT E-1 Breakdown of Overhead Cost (Sample Only - Actual fine item and cost categories and percentage for fan should be submitted.) Page 18 or 22 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 EXHIBIT F -1 Payment Upon Termination of Agreement by the Agency Other than for Fault of the Consultant (Refer to Agreement, Section IX) Transportation Improvement Board (TIB) 1 Consultant Agreement 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 and 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. TIB Forrn 190 Revved Oct 2001 Page 19 of 22 EXHIBIT G -1 Subcontracted Work Transportation Improvement Beard (TIB) Consultant Agreement The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Surveying services — Benthin and Associates Right -of -Way Acquisition Services — ProLand, LLC Geotechnical Servioes - Budinger TB Fonn 190-016 Reseed Od 2001 Page 20 of 22 Prepared by Data Project Direct Salary Cost (DSC) Classification Man Hours Rate Cost x = x ■ x = x = x = x = x = x = x a TOTAL DSC $ OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or % x $ $ FIXED FEE (FF) FF Rate x DSC or fix$ $ REIMBURSABLES : Itemized $ GRAND TOTAL $ TIB Form 190-016 Revised Oct 2001 EXHIBIT G -2 Subconsultant Fee Determination Summary Sheet ^. t Transportation Improvement Board (TIB) V ' Consultant Agreement Page 21 of 22 A N Transportation Improvement Board (TIB) Vi . Consultant Agreement EXHIBIT G -3 Breakdown of Subconsultant's Overhead Cost (Sample Only - Actual line item and cost categories and percentage for firm should be submitted.) TIB Form 190-015 Revised Oct 2001 Page 22 of 22 FRINGE BENEFITS : ... Fl GA Unemployment Medical Aid and Industrial Insurance Company Insurance and Medical Vacation, Holiday, and Sick Leave Commission, Bonuses/Pension Plan TOTAL FRINGE BENEFITS GENERAL OVERHEAD" State B &O Taxes Insurance Administration and Time Not Assignable Printing, Stationery, and Supplies Professional Services Travel Not Assignable Telephone and Telegraph Not Assignable Fees, Dues, Professional Meetings Utilities and Maintenance Professional Development Rent Equipment Support Office Miscellaneous, Postage TOTAL GENERATED OVERHEAD GRAND TOTAL A N Transportation Improvement Board (TIB) Vi . Consultant Agreement EXHIBIT G -3 Breakdown of Subconsultant's Overhead Cost (Sample Only - Actual line item and cost categories and percentage for firm should be submitted.) TIB Form 190-015 Revised Oct 2001 Page 22 of 22 L\ J EXHIBIT 131 Scope of Work for Barker Road, City of Spokane Valley, Washington TIB Project No. 8- 3- 208(001) -1 November 2004 1.0 Introduction The purpose of this scope of work is to establish the specific scope of CH2M HtLL's professional engineering services and compensation for the final design of the widening of Barker Road from Boone Avenue to the Barker Road Bridge, across the Spokane River. The City of Spokane Valley (Spokane Valley) may make or approve changes within the general scope of this agreement. If such changes affect CH2M J -DLL's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this agreement. CH2M HILL will notify Spokane Valley in writing of the occurrence of a change and an estimate of the cost impact. Spokane Valley will provide written approval of change. A 10 percent contingency fund has been established for minor changes to the Scope of Work. Use of the contingency fund requires written authorization from Spokane Valley. Spokane Valley reserves the right to expand the Scope of Work for this project to include engineering services for construction inspection and /or construction management. These additional services during construction are not included in this Scope of Work. 2.0 Purpose The purpose of this project is to widen Barker Road from Boone Avenue to the Spokane River within the city limits of Spokane Valley, Washington. The proposed i.tnprovements are to widen the existing two -lane road to a three -lane section with two travel lanes and a continuous left turn lane. A sidewalk with curb, gutter, and dedicated bicycle lanes are planned for both sides of the road. Between Mission and Indiana, a right turn lane will be constructed to address future development in the area. The intersection of Mission and Barker is to be signalized and illuminated with a right turn lane south of Mission. 3.0 Scope of Work CH2M HILL will design the project and supply documentation for the design in accordance with: • Spokane County Standards for Road and Sewer Construction • Washington Department of Transportation local agency guidelines • Washington Department of Transportation Design Manual SPK/SCYN VERSION AS OF 11.10,04 JAD2O0C.442930O1 1 321 E81.00M This scope of work includes the following main tasks: Task 1: Task 2: Task 3: Task 4: Task 5: Task 6: Task 7: Task 8: Task 9: Surveying and Mapping Environmental Documentation and Permits Geotechnical Services Plans, Specifications, and Estimates Utility Services Right -of -Way Coordination and Plan Public Involvement Coordination Bidding Assistance Project Management and Agency Coordination 0-I2M HILL will provide the following specific services: SCOPE OF WORK FOR BARKER ROAD, cur Of SPOKANE VALLEY. NOVEMBER 2D04 Task 1: Surveying and Mapping 1.1 Surveying This task involves establishing existing survey control and field surveying in support of the base mapping for Design and PS &E, as well as in support of right -of -way acquisition. • Establish control monuments for project along route at approximately 600 foot intervals. • Send out request letter for monument information to all other surveying /engineering firms in Spokane and Post Falls area. • Research and compile surveying records. • Identify and locate any plat, centerline, or section corner monuments to be potentially destroyed. • Identify and locate any property corners along right of ways of construction area. Verification of every monument will not be performed unless required by this project for determination of right -of -way or drainage parcel acquisition. • Prepare and provide monument reference drawings at an appropriate scale. • Project horizontal datum will be surface coordinates on assumed datum. The assumed horizontal datum will be referenced to the Washington State Plane Coordinate System. Vertical datum will be NAVD88. • Preparation of monument removal permit forms is not included in this scope of work. 1.2 Mapping • Topographic Mapping Data to obtain 1 -foot contour intervals 1. Provide topographic information up to 60 feet on each side of roadway centerline, including: a) Utilities from above - ground evidence b) Utilities from paint lines established by the One Call service c) Improvements d) Drainage features SPKISOW VERSION AS OF 11.1004 JAD2.00C 12930014 2 SCOPE OF WORK FOR BARKER ROAD, CRY OF SPOWE VALLEY. NOVEMEER 2304 2. Provide topographic information 100 feet from centerline laterally up intersecting side streets, including: a) Asphalt location b) Drainage features (that is, curbs, ditches) c) Drainage structures d) Utilities from above - ground evidence e) Utilities from paint lines established by the One Call service 3. Provide mapping in AutoCad L.DD2i (or later version) format a) Reduce and draft right -of -way and contour topographic maps b) Rreproducible copies will be the final product c) Digital AutoCad files will be provided to Spokane Valley Deliverables: Base_mapping, including all point and TIN files, in AutoCad format Task 2: Environmental Documentation and Permits 2.1 SEPA Checklist CH2M HILL will prepare a State Environmental Policy Act (SEPA) Checklist for the Barker Road project. Assumptions: There will not be any SEPA related surveys conducted or additional reports prepared for environmental resources other than what is described below. Cultural and Historical Resources: It is assumed that a cultural resources survey will not be needed because all work will be within the existing right -of -way. It is unlikely that cultural or historical artifacts would be found within this project corridor. However, the checklist will explain that a management /policy plan would be followed should any discoveries be made during construction. Also, because this project is not receiving federal funds, there will be no need to coordinate between the Washington State Department of Transportation (WSDOT), the tribes and the Federal Highway Administration (FHA). Biological Resources: It is assumed that the only biological concern might be the presence of eagle or osprey nests near the river corridor. A search for nests and preliminary discussions with the Washington State Fish & Wildlife Department (WSF &W) will be done to determine whether or not there are any nests within a quarter -mile of the project site. If there are nests, a plan for species protection during the nesting season would be made with WSF &W and preparation of that plan would be outside of this scope of work. Wetland Resources: It is assumed that there is no need to conduct delineation of wetlands or to prepare a wetlands mitigation plan. This will be verified by searching for potential wetlands on or near the project site when the search for eagle and osprey nests is conducted. Therefore, there will be no need for a Section 404 permit and a Section 401 certification because no work will occur within wetlands or within the ordinary high water mark of the Spokane River. Parklands - Section 4(0: Near the Barker Road Bridge, there is a trailhead and a section of trail that might be considered parklands. It is assumed that there will be no need for a Section 4(f) evaluation of this parkland because there are no federal dollars associated with SPKISOW VERSION AS OF 11.1004 JAD2.DOCV42930014 3 SCOPE OF WORK FOR BARKER ROAD, CITY OF SPOKANE VALLEY, NOVEMBER ZX this project and because the project will be within the existing road right -of -way and will not adversely impact the trail head property. Water Resources: It is assumed that although a portion of the project might be within the 200 -foot buffer area for shorelines, the project would not need a shorelines permit. In addition, there will be no need for a hydraulic project approval. Transportation: It is assumed that there is no need for a traffic study. Noise: It is assumed that there is no need for a noise study. 2.2 Joint Aquatic Resource Permits Application (JARPA) CH2M HILL will complete documentation, which may include a JARPA document and a letter to Spokane County and Washington State Department of Ecology, with project description, site plan, and other appropriate documentation, to request an exemption from the Shoreline Permit. Preliminary documents would be submitted to the City of Spokane Valley for review, application /SEPA documents would be revised, and final documents submitted to Spokane County, Washington State Department of Ecology and other appropriate agencies. Deliverables: SEPA Checklist, JARPA documents, and letter Task 3: Geotechnical Services 3.1 Field Explorations and Laboratory Testing The work will include drilling and inspection of test pits and borings, and laboratory testing to produce information for final geotechnical design of signal pole and luminaire foundations, stormwater infiltration ponds, and pavement section design. Assumptions CI-I2M HELL, or its authorized subconsultants, will obtain right of entry agreements prior to performing any work outside of the street right -of -way and a right -of -way permit from Spokane Valley prior to performing work within the street right -of -way. Borings and test pits will be staked and calls to One -Call for utilities will be made. It is assumed that for pavement foundation design, boring and test pit locations will be located adjacent to existing pavement sections of Barker Road and that testing directly beneath the paved sections will not be required to obtain a representative subgrade sample. • It is assumed that CH2M HILL will drill and sample four test boring locations with drilling footage totaling 60 lineal feet (11) during the geotechnical work. The purpose of these test borings will be to establish the engineering properties of the soil at the test boring locations for the signal pole foundation. Equipment and Iabor to locate the test borings, drill the borings, and restore the site upon completion will be provided. CI-12M HILL will be responsible for utility checks and vehicular traffic control as needed during drilling operations. A traffic plan and flaggers are not considered necessary with work being conducted off the existing roadway. During the drilling program, Standard Penetration Tests (51'1 s) will be conducted at intervals of 5 feet or at stratigraphic changes in soil. An automatic hammer may be used to conduct SPTs. SPIQSOW VERSION AS OF 11.1 0.04 JADZDOCAM2930411 4 4 SPKISOW VEI.ION AS OF 11.10.04 JAD2D0Cd042933014 5 SCOPE OF WORK FOR BARKER ROAD, CRY OF SPOKANE VALLEY, NOVEMBER 2004 • A backhoe and operator will be contracted to excavate and backfi.l.l test pits for a total of 4 days at selected locations, to determine soil types and to perform percolation tests at the locations of the proposed stormwater infiltration ponds. Test pits will be excavated, percolation measurements collected, and pit backfilled prior to leaving each day. For planning purposes, it is assumed that CH2M HILL will perform percolation tests at nine of thirteen locations. CH2M HILL will make arrangements and pay all costs for obtaining water for the percolation testing. • A backhoe and operator will be contracted to excavate and backfil.l test pits for a total of two days at selected locations outside of the existing paved section along Barker Road, to determine soil types and to obtain samples for determining the subgrade properties of the native soils for the purpose of pavement design. A geotechnical engineer or engineering geologist will be provided during test borings and pit excavations to: • Visually classify soils and rock according to ASTM methods • Record drilling and pit observations, including blow counts during SPTs on logs • Collect soil and rock samples for laboratory analysis and classification The boring and test pit logs will include relevant observations made by drilling crews during drilling. Depths at which groundwater is encountered also will be recorded. Test borings will be restored to grade to match the existing conditions. Laboratory tests will be conducted on selected soil samples to determine gradation and moisture content of site soils. For this scope of work, it is assumed that the laboratory testing program will consist of up to eight moisture contents, eight sieves, and four AASHTO T 307 (Resilient modulus) tests. 3.2 Geotechnical Report CH2M HILL will prepare a geotechnical report, summarizing the field investigation, laboratory testing, and geotechnical recommendations for the project. The report will present • A summary of field exploration methods, results, and interpretations, including test boring and pit Togs, descriptions of soil conditions, and water levels encountered during drilling • A summary of laboratory testing methods, data, and tabulated results\ • Recommendations 3.3 Geotechnical QA/QC Review Quality Assurance /Quality Control (QA /QC) reviews for the geotechnical engineering aspects of the project will be performed. Deliverables: Geotechnical report SCOPE OF WOFIK FOR BARKER R ROAD, CITY OF SPOKANE VALLEY, NOVEMBER 2034 Task 4: Plans, Specifications, and Estimate 4.1 Preliminary Design Report A preliminary design report will be prepared to show preliminary layout of the roadway geometry and drainage facilities. The preliminary design report will also address street and drainage design standards and other related data. 4.2 Roadway Plans and Profiles Plan and profile sheets will be prepared. These plans will include horizontal and vertical alignment information and plan views of paving limits, limits of curb gutter and sidewalk, locations of driveways, cut /fill limits, stormwater infiltration ponds, and other elements of roadway construction. Edge -of- pavement elevations will be established by curb profiles and will be based on the roadway centerline profile. Plan sheets will show structure notes. 4.3 Typical Sections Development Roadway sections will be developed for Barker Road. The geotechnical findings for the subgrade soils will be used, along with traffic volume information provided by Spokane Valley, to design pavement section thicknesses based upon AASHTO Guide for Design of Pavement Structures, 1993. 4.4 Drainage Design Plans Drainage plan sheets depicting proposed storm drain system components including pipes, manholes, and catch basins and inlets will be prepared. Separate detail sheets will show non-standard drainage construction details as well as drainage profiles. Drainage design will be performed in accordance with the pending City of Spokane Valley stormwater ordinance. 4.5 Roadway Details Prepare detail sheets identifying miscellaneous details not covered by standard plans. 4.6 Signing and Striping Plans Signing and striping plans will be prepared. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, and stop bars. These plans also will show the locations and sizes of required signing indicating the type and location of individual signs. Signing and striping will be designed in accordance with the Manual of Uniform Traffic Control Device (MUTCD) and standards adopted by Spokane Valley. 4.7 Traffic, Illumination, and Signals CI-12M HILL will review the available traffic count data and document the capacity and operational requirements of the intersection of Barker Road and Mission Avenue, to identify intersection control needed.. It is assumed that recent (within the last 12 months) peak hour turning movement traffic count data is available from Spokane Valley and can be readily obtained to perform the review and traffic signal warrants. Traffic Signal warrants will be prepared for the intersection. The traffic signal warrants will be based on the MUTCD. SPKGOW VERSION AS OF 11,10.04 JA02OOC,04430014 6 SCOPE OF WORK FOR BARKER ROAD, CITY OF SPOKANE VALLEY. NOVEMBER 2004 CH2M HILL will prepare the signal and ill umination plans and details in accordance with Spokane Valley guidelines, showing proposed locations for the new signals, luminaires, electrical hardware, and wiring diagrams. Geotechnical investigations and signal pole foundation designs will be conducted as described in Task 3. It is assumed that signal interconnection with other intersections will not be required. It is assumed that illumination only will occur at the signalized intersection and that an illumination study will not be required. 4.8 Specifications CH2M HILL will prepare specifications using the current WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and WSDOT Special Provisions. Standard plans will be identified and assembled for inclusion in the contract documents. Modifications to the standards will be made with amendments and special provisions. It is assumed that construction surveying will be included in the contractor's contracted responsibilities. 4.9 Summary of Quantities and Opinion of Cost CH2M HILL will perform quantity takeoffs for all project elements. CH2M HILL will prepare a summary of quantities plan. CH2M HILL will compile unit prices based upon WSDOT and Spokane County unit bid analysis and will prepare an opinion of cost. 4.10 QA/QC Review and Value Engineering Coordination Quality Assurance /Quality Control (QA /QC) reviews will be performed for the roadway work. Project design criteria, geotechnical recommendations, and roadway geometrics will be reviewed to assure conformity with project requirements. A plans check, constructibility check, and quantities check will be completed on the 90 percent roadway design work. CH2M HILL will coordinate with Spokane Valley for a value engineering (VE) study, to be performed by others, at the 30% level of completion. CH2M HILL will respond to comments from the VE study in writing and incorporate revisions resulting from the VE study and internal reviews into the final design documents. Deliverables: Preliminary design report at the 30% level of completion and plans, specifications and estimates will be submitted at the 90% and Final levels of completion. Tentative Sheet List - The sheet list shown and CONrSULTANTs fee estimate assumes that several of the plan sheets normally required by the WSDOT Plans Preparation Manual will not be required for this project. Half -sized plans (11 "x17 will be bound with the contract documents for bidding and review. Full-size plans will be prepared at 1 " =20' scale. AutoCAD drawings will be prepared using American Public Works Association (APWA) CAD standards. SPKISOW V tSI0h AS OF 11.10.04 JAO2.IX)G042930014 7 TABLE 1 Tentative Sheet List Title Sheet, General Notes and Abbreviations Sheet 2 Summary of Quantities 1 Roadway Typical Sections 1 Roadway Plan and Profiles 5 Drainage Plans 3 Drainage Detail Sheets 1 Drainage Profile Sheets 1 Traffic Signal Plans 2 Roadway Detail Sheets 5 Signing and Striping Plans 2 Task 5: Utilities Services 5.1 Utility Coordination CH2M HILL, or its authorized subconsultant, will contact the utility companies via letter and request field locations for underground utilities so that the field surveys can accurately locate the utilities. Above - ground utility information also will be collected by field surveys. All available utility information will be compiled on preliminary roadway plans. CH2M HILL will circulate preliminary plans to affected utilities and request their relocation plans. CH2M HILL will coordinate the design of Barker Road with the proposed Spokane County sewer project to ensure compatibility of the two design projects. CH2M HILL will coordinate with Consolidated Irrigation District to ensure that any improvements to its system is coordinated with the Barker Road improvements. Deliverable: Preliminary roadway plans circulated to affected utility companies Task 6: Right -of -Way Coordination and Plan 6.1 Right -of -Way Plans and Costs Preliminary design will determine the extent of right -of -way required. It is anticipated that four parcels will be affected at the intersection of Barker Road and Mission Avenue, and nine parcels will be required for drainage purposes. CH2M HIT T's subconsultant will request title reports for the identified parcels. Preliminary right -of -way plans will be prepared, identifying the extent of required takes. These plans will identify the location of SF%F5OW VERSION AS OF 11.10114 JAQ2.DOC(0429 3 81 i 8 SCOPE OF WORK FOR SA.RKER ROAD, CITY OF SPOKANE VALLEY, NOVEMBER 2004 Deliverable Number of Sheets SPIVSOW VERSION AS OF 11.10.CA JAD2.DOCICA29380i4 9 SCOPE OF WORK FOR BARKER ROAD. CITY OF SPOKANE VALLEY, NOVEMBER 2004 the proposed improvements and how the parcels will be affected by the improvements. The following services will be provided: • Title reports will be obtained for affected properties. • introduction letters will be sent to owners affected by the project. • Right of entry agreements. • Appraisals will be coordinated with Appraisal Group Northwest • Review appraisals will be coordinated with Barrett and Associates. • Offer letters will be sent. • Negotiations with property owners. • Documents will be prepared and provided to Spokane Valley for necessary acquisitions. • Follow through will be made on tra.nsfer of property to Spokane Valley, including closings and /or payments, title clearing, and recording. • Close -out files meeting WSDOT standards of certification will be provided. • Right -of -way and drainage site acquisition surveys 1. Establish boundaries for Mission Street intersection a) Prepare legal descriptions of each b) Monument new right -of -way 2. Establish boundaries for nine drainage retention areas a) Provide preliminary boundary staking of each b) Prepare legal descriptions of each c) Monument boundaries of each d) Topographic mapping of each 3. Prepare and file a record of survey for all new boundaries It is assumed that the four corners of Mission and Barker Road, as well as nine appraisals for drainage will be included. This also assumes that the right -of -way acquisitions will be partial takes, with no structures to be impacted. Property and right -of -way monuments will be reasonably searched for and field located in the survey tasks. The existing right -of -way and subdivision property lines will be shown on the plans, based on available monuments, plais, and record of surveys. CII2M HILL will request from the County Assessor's office the ownership of the parcels surrounding the project limits. Horizontal control and right -of -way plans will be developed, showing the roadway centerline, survey control points, curve data, tangent bearings and distances, proposed right -of -way and existing right -of -way. Deliverables: Right -of -way plan, parcel table, title reports, project funding estimate for right -of -way costs, close -out files, and documents for acquisitions. Task 7: Public Involvement Coordination 7.1 Public Information Meeting All public involvement and community outreach activities will be coordinated with Spokane Valley. SCOPE OF WORK FOR BARKER ROAD, CITY OF SPOKANE VALLEY, NOVEMBER 2904 CH2M HILL will prepare for and coordinate two public information meetings. The public meetings will be "Open House" style meeting to answer questions. Two representatives from CH2M HILL will attend the meetings and be available to answer questions from the public. CH2M HILL will be responsible for preparing the project fact sheet and displays. It is anticipated that a colored version of the design line work, overlaying a colored aerial photograph will be used at the public meeting. CH2M HILL will prepare a Public Notice and will coordinate with a mailing service company to distribute the notification. Spokane Valley will pay for the mailing. This task does not include preparing project newsletters or making presentations to public officials, property owners, and businesses. Deliverables: Prepare meeting displays and handouts, prepare public notice, attend public meeting Task 8: Bidding Assistance 8.1 Contract Documents Preparation CI-12M HILL will print and distribute up to 50 sets of contract documents after Spokane Valley and TIB approval. Contract documents will be sent to approximately seven local plan centers. 8.2 Advertisement for Bids C1 HILL will assist Spokane Valley with advertisement for bids (Spokane Valley will place the advertisement). 8.3 Response to Bidder Questions and Issue Addenda CI-I2M HILL will answer bidder's questions and issue addenda (up to two). C1-12iM HILL will not be required to attend the bid opening (Spokane Valley will conduct bid opening). 8.4 Bid Tabulation, Evaluation, and Contract Award Recommendation CH2M HILL will prepare bid tabulation, evaluate low bidder's qualifications, and make a recommendation for contract award to Spokane Valley staff and the City Council. Deliverables: 50 sets of contract documents, addenda, and bid tabulation Task 9: Project Management and Agency Coordination Provide overall project management and coordination with Spokane Valley. A total time of six months is assumed to be the duration for this work. 9.1 Overall Project Management Services Provide overall project management services including: • Project instructions and work plan • Staff and subconsultant management • Quality management plan • Control budget and schedule SPKI5.OW VERS1ON AS OF 11.10.04 JADZDOCJ1 12930014 10 • Bi- weekly progress reports via email. • Monthly progress reports and invoices (The progress report /invoice will identify the work performed for that period, major decisions, schedule, and budget status. Deliverables: Project instructions and work plan, quality management plan, progress reports and invoices 9.2 Agency Coordination Provide overall agency coordination including: • One coordination meeting per month (two CH2M HILL staff present) Deliverables: Coordination meeting minutes 4.0 ProjectDelivery Schedule CI-12M IILL will complete the design milestones in accordance with the predetermined schedule as follows: TABLE 2 Project Delivery Schedule Deliverable Delivery Date SCOPE OF WORK FOR BARKER FtOAD, CITY OF SPOKANE VALLEY, NOVEWEER 2004 Draft PS&E March 25, 2005 Open House Meeting April S, 2005 Issue Final Bid Package April 22, 2005 SPKSOW VERSION AS OF 11.10.04 J.4D2.DOG442500014 11 City of Spokane Valley Project Number 11/12/2004 Budget Estimate CH2M 'HILL CH2M Labor : Subcontracts ExPense Total Overall Total Hours Task 1 Surveying and Mapping Task 2 Environmental Documentation and Permits Task 3 Geotechnlcal Program Task 4 Plans Specifications and Estimate Task 5 Utilities Task 6 Right of Way Task 7 Public Involvement Task 8 Bidding Assistance Task 9 Protect Management and Coordination Subtotal Contingency 17 $ 1,848.75 $ 16,240.00 $ 92.65 $ 18,181.40 78 $ 8,594.58 $ $ 425.10 $ 9,019.68 152 $ 15,968.56 $ 13,050.00 $ 828.40 $ 29,846.96 1100 $ 106,272.26 $ - $ 5,995.00 $ 112,267.26 40 $ 4,349.71 $ - $ 218.00 $ 4,567.71 32 $ 3,112.88 $ 78,700.00 $ 174.40 $ 81,987.28 76 $ 6,813.37 $ - $ 414.20 $ 7,227.57 100 $ 10,353.83 $ - $ 1,560.00 $ 11,913.83 128 $ 16,922.11 $ $ 697.60 $ 17,619.71 1723 $ 174,236.06 $ 107,990.00 $ 10,405.35 $ 292,631.41 $ 29,263.14 Total $ 321,894.55 Expense Breakdown Benthin and Associates $ ProLand $ Budinger $ Health & Safety $ Traffic Control $ Drilling $ Lab Testing $ CH2M expenses $ Total $ 35,140.00 59,800.00 13,050.00 10,405.35 118,395.35 Percentage 10.9% 18.6% 4.1% 0.0% 0.0% 0.0% 0.0% 3.2% CH2MHiII City of Spokane Valley Exhibit D -1 Barker Road Improvements Employee or Category Hrs. x Rate = Cost 1 Project Manager 313 $ 41.80 $ 13,083.40 2 Senior Consultant 74 $ 45.49 $ 3,366.26 3 Environmental PM 42 $ 49.14 $ 2,063.88 4 Project Engineer 292 $ 33.97 $ 9,919.24 5 Lead Engineer 80 $ 33.41 $ 2,672.80 6 Design Engineer 40 $ 25.89 $ 1,035.60 7 Designer 0 $ 22.99 $ - 8 Geotech 108 $ 33.79 $ 3,649.32 9 Design/CAD Technician 484 $ 26.99 $ 13,063.16 10 CAD Technician 118 $ 22.22 $ 2,621.96 11 Drafting Technician 0 $ 21.34 $ 12 Publications /Specifications 124 $ 20.34 $ 2,522.16 13 Office/ Administration 48 $ 20.34 $ 976.32 Total Hrs. 1723 $ 54,974.10 Direct Salary Cost S. 54,974.10 Direct Salary Escalation Cost (estimated) 2004 to 2005 4% $ 2,198.96 Total Direct Salary Cost $ 57,173.06 Overhead Cost @ 172.10% of Direct Labor S 98,394.84 Net Fee @ 12.0% of DSC + O/H $ 18,668.15 Total Overhead & Net Fee Cost S 117,062.99 Total Direct Salary Cost S 174,236.06 Direct Expenses Reproduction Cost No. Each Cost Reports 0 $0.05 0 Misc. copies 0 $0.05 0 Design Sheets LS 1 1,000 Mail /Deliveries /etc. LS 1 15 Mileage Mi. @ $0.375 /Mile 0 Auto RentallGasoline days @ $85 /day 0 Lodging days @ /day 0 Aerial Photographs 0 $20 0 Travel Total (airfare, train, etc) 0 $50 0 Equipment Rentals, EDM, GPS 0 Parking 0 PerDiem days @ $150 /day 0 Communication 1,723 $1.10 1,895.30 Computers 1,723 $4.35 7,495.05 Health 8 Safety 0 $1.55 0 Traffic Control 0 Drilling 0 Lab Testing 0 Subcontracts Benthin and Associates 35,140 ProLand 59,800 Budinger 13,050 Subtotal $ 118,395.35 Contingency Fund (10%) $ 29,263.14 Total $ 321,894.55 Pet License Campaign Director Presented by Nancy Hill Spokane County Regional Animal Care & Protection Services SCRAPS Multi - Media: Our Approach • License Amnesty • Grocery Store Outlets • Application Destinations: Jiffy Lubc, A&W, Papa John's • Target Pet Owners • Network Television to Reach Masses • Cable TV to Build Frequency Radio to Support Promotions • Web Site to Support & Communicate Message i Spokane County Regional Animal Care & Protection Services Pet License Campaign New Pet License 'c Issued 1,600 1.400 1.200 1,000 - 800 600 400 200 11/5/2004 1 I I • I I I I I ir 11 11 miss NI Oct. Nov. Dec. Jan. Feb. Mir. Apr. May .luxe July Aug. Sept. Oct. +28% +2% +6% +28% +3"/% +33% +33% +32% +38% (15%) +25% +8% (29 %) ■ 2002 ■ 2003 M2004 Spokane County Regional Animal Care & Protection Services Pet License Campaign Pe! License Renewals Issued 3,000 — 2,500 2,000 - 1,500 - 1,000 0 11/8/2004 11' I I 1 r 1 Oct. Dec. Feb. Apr. June August Oct. +24% (28 %) (15 %) +18% (1 %) +56% (pr • 2002 ■ 2003 S 2004 Year 2002 2003 2004 New Pet Licenses $1'11,918 $105,003 8121,586 Renewals $195,735 $211,893 $217,658 Totais $307,653 $316,896 $339,244 Pet License Revenue Plans for 2005! • Flyers • Inserts • Multi Media Campaign CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off Item: Check all that apply ❑ consent ❑ old business new business public hearing x information ❑ admin report ❑ pending tegislatlon AGENDA ITEM TITLE : Budget Calculator Demonstration GOVERNING LEGISLATION: None Provides information for public review PREVIOUS COUNCIL ACTION TAKEN: The council has discussed placing a budget balancing exercise on the city website so citizens can use it to team about budget issues. Citizens can also provide input to the council regarding city program expenditures and revenues BACKGROUND: A budget balancing exercise has been developed for council review prior to placing it on the city website. The following introductory information will appear with this exercise on the website HOW WOULD YOU BALANCE THE CITY OF SPOKANE VALLEY BUDGET? Although the city budget is balanced for 2005, the six year forecast shows a dramatic and widening gap between revenues and expenditures. That gap threatens our ability to keep services at the level enjoyed today. City revenues are not meeting pre - incorporation estimates and therefore are not growing as quickly as needed expenditures. As a result, difficult choices must be made. Essentially, there are only three ways to close the gap. cut expenditures by eliminating services or programs; increase revenues, or a combination of both. Your opinion matters. The budget calculator below identifies some service areas and some new revenue sources Please tell us how you want the City's budget gap closed OPTIONS: One option is to place the budget calculator on the website to gather input from the public and inform citizens of the budget status. A second option would be to modify the proposed budget calculator to reflect different choices and place it on the website. Not placing this information on the website would be a third option RECOMMENDED ACTION OR MOTION: Staff recommends council review, modify as needed and approve the placement of the budget calculator on the website. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT Ken Thompson, Finance Director and Courtney Moore Accountant/Budget Analyst CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 16, 2004 City Manager Sign -off Item: Check all that apply: ❑ consent ❑ old business new business public hearing X information ❑ admin report ❑ pending legislation AGENDA ITEM TITLE : Utility Tax Data — Munson Plan GOVERNING LEGISLATION: None Provides another option for a utility tax PREVIOUS COUNCIL ACTION TAKEN: Staff and the council have discussed several utility tax options in recent months to address projected budget deficits beginning in 2006 The council has asked for additional information. 1 BACKGROUND: Modifications to the projections in the multiyear financial plan were suggested at the November 9 Council meeting. Staff is analyzing the new scenarios and will present an update at the November 16 Council meeting. OPTIONS: Council can review and decide which of these options should be incorporated into the city's plan to reduce anticipated deficits beginning in 2006. BUDGET /FINANCIAL IMPACTS A reduction in projected deficits beginning in 2006 is expected STAFF CONTACT Ken Thompson, Finance Director and Courtney Moore Accountant/Budget Analyst To: From: Rc: November 23, 2004 NO MEET[NC DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of November 12, 2004 8:30 a.m. Please note this is a work in progress: items are tentative Council & Staff City Manager Draft Schedule for Upcoming Council Meetings November 30, 2004 Regular 13feclin2 6:00 n.m. [due date Thursday, November 18] 1. Second Reading: Proposed Ordinance Regarding Scooters - Cary Driskcll 2. Spokane Valley Arts Council - Norma Ventris (confirmed) 3. Administrative Reports: a. Court Related 2005 Contract Discussion - Cary Driskell b. Proposed 2004 Comprehensive Plan Amendments - Marina Sukup/Scott Kuhta c. Proposed Area -wide Rezone Request N. Grecnacres area (REZ 17 -04) - Scott Kulna d. New Employee Position Descriptions - Nina Regor e. Winter Snow Handling Report - John Hohman'Neil Kersten 4. Information Only: a. Departmental Monthly Reports h. Planning Commission Minutes [estimated meeting: 115 minutes'] December 7.2004 Studv Session 6:00 p.m. Iduc (late MONDO November 29) 1. Student Advisory Council By-laws - Mayor DeVleming 2. First Reading Proposed Utility Tax Ordinance- Ken Thompson 3. Motion Consideration: New Employee Position Descriptions - Nina Regor 4. Spokane Conservation District Presentation - Rich !laden (tentative) 5 Audit Report - Ken Thompson 6. Discussion, Ordinance Adopting Framework for Development Code - Marina Sukup 7. Lodging Tax Advisory Committee Grant Recommendations Report - Councilmember Flanigan (25 minutes) TOTAL MINUTES: 120 Mae, mtg. time: 150 minutes December 14, 2004 Regular Meeting 6:00 p.m. [due date Thursday, December 2) 1. Second Reading Proposed Utility Tax Ordinance - Ken Thompson [ 10 minutes] 2. First Readings: Proposed 2004 Comp Plan Amendments - Marina Sukup 100 minutes total] 3. First Reading:Proposed Area -wide Rezone Request N Cireenacres area (REZ 17 -04)- Marina Sukup[ 15 mins] 4. Council Approval, Lodging Tax Advisory Grant Recommendations - Councilmember Flanigan [ 10 minutes] 5. Motion Consideration: Approval of Student Council By -laws - Mayor DeVleming [ 10 minutes] 6. Court Related Contract Agreements for 2005 - Cary Driskcll [ 10 minutes] [estimated meeting: 145 minutes') Draft Advance Agenda 11/12/2004 8:28 AM Paste 1 of 3 [5 minutes] [ 15 minutes] [20 minutes] [30 minutes] [ 15 minutes] [ 15 minutes] [ 15 minutes] (30 minutes) (15 minutes) (10 minutes) (15 minutes) (10 minutes) (15 minutes) December 21, 2004. Study Session 6:00 p.m. 'due date Thursday, December 9] 1. Second Readings: Proposed 2004 Comp Plan Amendments - Marina Sukup (45 minutes total) 2.Second Reading:Proposed Area -wide Rezone N Greenacres area (REZ 17 -04)- Marina Sukup (15 minutes) 3. Law Enforcement Report - Cal Walker (30 minutes) 4. Accomplishments Report - Department Directors (30 minutes) 5. Update on 2005 Contracts with Spokane County - Morgan Koudelka (15 minutes) 6. Information Only: a. Departmental Monthly Reports b. Planning Commission Minutes TOTAL MINUTES:135 Max. mtg. time: 150 minutes December 28, 2004, NO MEETING January 4.2005. Study Session 6:00 p.m. 'due date Thursday, December 23J 1. Centennial Trial Update- Mike Jackson (15 minutes) 2. Review of Washington Statutes on Disincorporation - Cary Driskell (20 minutes) 3. Parks Usage & Maintenance Standards Update - Mike Jackson (15 minutes) 4. Infractions for Violation of Park Rules Discussion - Cary Driskell (5 minutes) 5. Water Safety Regulations Discussion - Cary Driskell (5 minutes) 6. Helmet Safety Issue Research Update - Cary Driskell (10 minutes) 7. CAFR (Comprehensive Annual Financial Report) - Ken Thompson (15 minutes) TOTAL M NUTES:85 Max. mtg. time: 150 minutes January 11, 2005, Regular Meetine 6:00 p.m. [due date Thursday, December 30] 1. First Reading Proposed Ordinance Adopting Framework for Development Code - Marina Sukup [ 10 minutes] 2. Administrative Report: a. Sign Regulations Report - Marina Sukup [20 minutes) [estimated meeting: minutes') January 18,2005, Study Session 6:00 p.m. (due date Thursday, January 6J I. Street Vacation Ordinance Amendment Discussion -Cary Driskell (5 minutes) 2. Proposed Amendment to Criminal Code -Noise (Blasting & boombox vehicles)- Cary Driskill (10 minutes) 3_ Report on Alternatives to Incarceration - Cary Driskell (I5 minutes) 4. Padal (Parcel Data Locator) System - Marina Sukup (15 minutes) 5. Cable Franchise Update - Nina Regor /Morgan Koudelka (I5 minutes) 6. Hazard Mitigation Plan Briefing - Marina Sukup (20 minutes) TOTAL MINUTES:SO Max. mtg. time: 150 minutes .lanuar,. l 2005 - Conversation with the ('on 6 p.m.. Sports USA Draft Advance Agenda 11/12/2004 8:2R AM Page 2 of 3 January 25, 2005, Regular Meeting 6:00 p.m. 'due date Thursday, January 131 I .Second Rending Proposed Ordinance Adopting Framework for Development Cede - Marina Sukup 110 minsl 2. First Reading Proposed Sign Ordinance - Marina Sukup [20 minutes] 3. Information Only: a. Dcpart.mental Monthly Reports b. Planning Commission Minutes [estimated meeting: minutes) February 1. 2005. Study Session 6:00 p.rn. [due date Thursday, January 20 1 February 8. 2005, Regular Meeting 6:00 p.m. [due date Thursday, January 271 1. Second Reading Proposed Sign Ordinance - Marina Sukup 110 minutes] Februan 12. 2005 - half -nay Council/Staff Retreat. 9 a.m. - noon February 15. 2005, Study Session 6:00 p.m. [due date Thursday, February 31 Februan• 22. 2005, Regular Meeting 6:0(1 p.m. 1. Information Only: a. Departmental Monthly Reports b. Planning Commission Minutes 'due date Thursday, February 101 OTHER PENDING AND /OR UPCOMING ISSUES: Second Reading Proposed Ordinance 04 -007 Stortnwatcr - Stanley. Schwartz (first reading 02-24-04) Second Reading Proposed Sidewalk Ordinance 04 -012 - Stanley Schwartz (first reading 02 -24 -04) First Reading Proposed Sewer Ordinance - Neil Kcrsten Pines/Mansfield Update - Stanley Schwartz Panhandling - Cal Walker Massage Parlors/Bath Houses - Cal Walker June 11, 2005 - Mid -Year Council /Staff Retreat, 9 a.m. - noon MEETINGS TO I3E SCHEDULED 1 open house - wastewater issues (To Be Announced) [• estimated meeting time does not include time for public comments] Draft Ads once Agenda 11/12/2004 8:28 AM Page 3 of 3