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2016, 12-06 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, December 6, 2016 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL 1. Cary Driskell, Judge Walker, District Court Presentation Court Administrator John Witter 2. Cary Driskell Myrtle Point Cleanup 3. Eric Guth 4. Eric Guth 5. Eric Guth 6. Eric Guth 7. Mayor Higgins Street Maintenance Contract Renewal Street Sweeping Contract Renewal Consultant Agreement, Design Barker Road/BNSF Separation Project City Hall Update Advance Agenda Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information 8. Information Only (will not be reported or discussed): a. Sullivan Bridge Update b. Bid Information, Appleway Trail, Pines to Evergreen 9. Mayor Higgins 10. Mark Calhoun ADJOURN Council Check in City Manager Comments Discussion/Information Discussion/Information Study Session Agenda, December 6, 2016 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: District Court update. GOVERNING LEGISLATION: RCW 39.34.080 PREVIOUS COUNCIL ACTION TAKEN: Interlocal agreement executed March, 2006; amendment April, 2013. Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: The City executed an interlocal agreement with Spokane County District Court and Spokane County for provision of District Court services in March 2006, with an amendment regarding how costs are determined in 2013. Pursuant to this interlocal, Spokane County District Court provides judicial services for City gross misdemeanors, misdemeanors, and infractions. The Presiding Judge for District Court has periodically come to provide an update to the Council, although it has been several years since this has happened. The Council notified staff of an interest to have District Court come in and provide an update, and District Court expressed a similar desire to update the Council on the services it provides to our citizens. OPTIONS: NA. RECOMMENDED ACTION OR MOTION: NA. BUDGET/FINANCIAL IMPACTS: NA. STAFF CONTACT: Cary Driskell, City Attorney; Presiding Judge Patti Walker; District Court Administrator John Witter ATTACHMENTS: (1) PowerPoint presentation from Presiding Judge Walker; and (2) Letter in response to prior public comments regarding District Court. CITY OF SPOKANE VALLEY 2016 DISTRICT COURTPRESENTATION PRESIDING JUDGE PATTI CONNOLLY WALKER 1 WHO WE SERVE Spokane County City of Spokane Valley Liberty Lake Deer Park Rockford Latah Fairfield Millwood Spangle Partial Services provided to: Cheney & Medical Lake - Weekend Jail and Jail Appearances Airway Heights - Weekend Jail and Jail Appearances City of Spokane - Civil Actions, Civil Protection Orders Law Enforcement Agencies: • Washington State Patrol • Sheriff's Department • City of Spokane Valley Police Dept. • City of Spokane Police Department • Cheney Police Department • Liberty Lake Police Department • Animal Control • Fish & Wildlife • WA State Liquor & Cannabis Board • Burlington Northern Railroad • Eastern Washington University Police J DISTRICT COURT ORGANIZATION CHART Eight Elected Judges 000000000000000000r 0000000000000 uuuuu MDOrHr uu uuuuu DDDOr00 uuuuu 01-000c1000 00c100 00 00000 0000/-000 00 01-0001-0 0r000 00 0001-0 00000 00 00000rd 00000d r Office Manager /Admin Services • 1 Support Staff Computer Applications Specialist r -- Court Court Administrator John Witter Mental Health Court Manager • 3 Support Staff Probation Manager • 16 Support Staff Judicial Operations Manager • 9 Support Staff Clerk of District Court • 33 Support Staff 00 3 VISION STATEMENT Professionalism, Accountability & Service Maintaining a positive and professional work environment Ensuring accountability to the public Continually improving work processes and performance, including the implementation of new technologies and innovative practices; and, providing the highest quality of service to the public 4 CASE TYPES Criminal Misdemeanors Felony Complaints Civil Civil Actions (up to $100,000) Small Claims (up to $5,000) Protection Orders Infractions & Parking Name Changes About the Court Court Locationsd Hours Specialty Courts Traffic TckeVlnfraction Cases. Criminal/Misdemeanor Cases a Civil and Small. Claims Cases a District Court Probation Court Forms Civil Protection Orders Resources/Treatment Providers Public Records Requests ADA and Other Services [lane, Your Sown -mem. Demi-wens A - I: Dana Gown, Explarstred Welcome to Spokane County District Court Proudly serving Spokane CwtMyarrd the ems of Deer Pad,, Fairbeld, Lai* Leanly I nice, Aanannl, Rneenr ,, SAargP and :, nkane Valley The mission of Spokane County District Court is to serve our citizens through [he prompt. eudeousand fair dispensation d Italics by adjudicating cases in a timely manner using effective and efficient case management techniques. adhering to the highest standards, monitoring enforcement of udgments, and being responsible stewards of pudic fronds_ Spokane county District Goal .0±a court offaulted juisdic0on oval, 62,000 cases, an average, fdedanouoiir. A Citizen's Guide To Spokane County District Court D istrict Court C and Name Search Almrcafion Spokane County District Court processes the following case types: Traffic and Non -Traffic Infractions A violation of law not punishable by Imprsonment. Speeding, 11111 to yield, no insurance, expired vehicle license, defective equipment and parking Ina disabled parking zone are examples oiinfractiors. Criminal and Criminal -Traffic M sdemesnor aril Gross Misdemeanors Criminal misdemeanor cases carry a maximum penalty of up 1a 9C days in jail and a 51,000 fine. Criminal grossmisdemeanor cases cant' a maximum penalty of up to 364 days in jail and a 55,0110 tire. G wi05nMll ClairnalAdolt Name Changes • General civil actions with damage claims in the maximum amount of 5100,000. The court does not hear cases nholving tine to. or possession aft real property • Small claims actions with monetary claims in the maximum amount 0005 DOR. The mall claims court may ONLY grant judgment f monetary damages. The cud may not orderthe other party to return property or pertonn any action other than the payment of money. • Name Change Petitions Mental Health Therapeutic_ Court Proceedings Translate Page... District Court News NEW! Sign-up to receive TEXT MESSAGE REMINDERS of your future District Court hearings. Read on... View AL Spokane County News Spokane County receives MacArthur Foundation grant Spokane County received a 51.5 Million grant [nom the MacArthur Foundation to reduce the jail population. Read on... View AL 5 DISTRICT COURT HEARING TYPES First Appearances Arraignments Bond Hearings Pre -Trial - Civil & Criminal Trial -Jury or Bench Probation Violations Treatment Reviews Prosecutor Complaints Impounds Weekend Jail Sealed Search Warrants Name Change Small Claims Infraction Mitigation Infraction Contested Mental Health Court Veterans Court Intensive Supervision Therapeutic Court Civil Protection Orders Felony First Appearances Felony Reductions Ex Parte Relicensing Program Alive @ 25 Program Sheriff's Traffic School 6 2013 - 2015 DISTRICT COURT FILINGS 2013 2014 2015 Infractions 37,539 40,389 42,202 Criminal Traffic 4,859 4,394 4,798 DUI 1,802 2,077 1,787 Criminal Non -Traffic 2,619 2,655 2,606 Domestic Violence -Criminal 850 906 902 Civil Protection Orders 727 666 716 Civil 8,437 9,270 9,154 Small Claims 991 866 910 Search Warrants 406 519 503 Total Filings 57,380 60,836 62,676 Civil Protection Orders 716 .9% Domestic Violence 902 1.2% Criminal Non -traffic 2,606 4% DUI 1,718 2.7% 2015 District Court Filings Criminal Traffic 4,798 7.5% Civil 9,154 14.5% Small Claims 910 1.3% Search Warrants 503 .6% Infractions 42,202 67.3% 8 INTERPRETERS 2016 (as of 10/1/16) Cases with Interpreters: 493 27 Languages #1 Language: Spanish #2 Language: Marshallese 2015 Cases with Interpreters: 675 23 Languages #1 Language: Spanish #2 Language: Russian 2015 Languages Amharic Arabic American Sign Language Bosnian Bulgarian Burmese Chinese - Cantonese Chinese - Mandarin Chuukese Croatian Czech Dinka Etrea (Ethiopian) Farsi French Hindu Hmong Icelandic Japanese Italian Korean Total 7 60 30 1 1 8 6 2 21 0 0 0 1 0 0 0 1 0 0 0 1 2015 Languages Total 0 0 Laotian Listening Equipment Marshallese Punjabi Romanian Rundi Russian Somali Serbian Spanish Swahili Tagalog Tigrigna Thai Turkish Ukranian Vietnamese Yoruba 97 9 0 3 134 3 0 213 39 1 2 0 0 0 6 0 TOTALS 675 9 REVENUE REVENUE Criminal Charge Civil Actions Small Claims Infraction & Parking Tickets Probation Assessments Costs Assessed State Assessment Miscl. Revenue TOTAL REVENUE 2014 $1,094,200 2015 $1,187,673 2014 $780,061 2015 $757,917 2014 $18,168 2015 $12,978 2014 $4,650,297 2015 $4,921,970 2014 $1,312,681 2015 $1,320,543 2014 $46,504 2015 $42,830 2014 $813,133 2015 $860,285 2014 $8,502 2015 $7.143 201 723,546 2015 $9,111,339 10 PAYMENT OPTIONS Payments to the Court Monthly Time Payments Through PAR Pay Tickets in Collections District Court Fee Schedule Find Court Cates & Case Info Homes Your Government r Departments A-1, Disuitl Coturt, Mahea Payment Make a Payment Staff Name Title Phone Email Jean Maffia Cashiering Supervisor 509-477-2934 JMaffia@spoksnecounty_org Spokane County District Court will accept payment on traffic infractions in full within 30 days of receiving the citation {Ticket) or within 3D days of your conviction following a court hearing. Criminal citations {tickets) require a court appearance. Monthly time payments are managed for the Court by PAR Acceptance_ Our 1100 West Ration location now accepts debit and credit card payments. 0 Ticket Options Public Records Requests Judges & Administration Wedding Information 11 Credit Card Online Payments SPOKANE COUNTY WASHINGTON DISTRICT COURT Coat Hours- Mon- Fri 930401 - 4-00PM COMA Phone Hours: kion - Fri 030201-10:30AM, - 3:00001 1100 W Mellon Ave, Spokane, Washington 99260 Caul Site Your lrtorinaho^ Terms Agreement Payment Receipt Important Information There is a service tee for processing payment(s) online or over the phone. The total charge amount will be displayed prior to submitting the payment_ To make a payment by phone, please call (305) 532-0417 Mon - Fri 4am - 9pm and Sat - Sun 6am - 3pm PST. Once you have submitted your payment, you will receive an email letting you know if your payment has been accepted or rejected. To verify your amount, please contact the court a1 (509) 477-4770 ex. 5 Citation Payment Where can I find my citation number? Where can Ifind myhne amount? Citation Nutter Enter the citation number Co.d rye Amouit Save and add another Citation Holder's Information Please enter the following infomnakon about the person you are making a payment for. First Name Enter First Name Last/Lame Enter Last Name Address 1 Enter Address Line 1 Addr.s 2 Enter Address Line 2 City _ Enter City Slate 0 , Select One... Tip Code Enter Zip MINK Elirwmle Enter birth .. Save and Continue 12 SPECIALTY COURTS Specialty Courts allow us to: • better serve persons with complex challenges • provide individualized supervision and support • tailor programming to meet specific needs • Include community providers and family in decision making Have well trained teams of judges, lawyers, staff and partners • increase likelihood of positive outcomes 13 VETERAN'S COURT Created in 201 1 Mentoring through Spokane Veteran's Forum Reduce recidivism and increase public safety Incentives and sanctions Treatment, community resources and supervision Collaborates with Veteran's Affairs, Goodwill Industries and the Veteran's Task Force Complete phases and graduate Initially funded by 2012 federal grant 15 lio 1 , DUI INTENSIVE SUPERVISION COURT Created in 2009 Reduce DUI fatalities and injuries "ff Address drug and alcohol dependent offenders Comprehensive supervision and treatment Graduated incentives and sanctions Initially funded by the Washington Traffic Safety Commission Mandatory for repeat offenders with three or more DUI offenses within 10 years 16 DOMESTIC VIOLENCE COURT Created in 1996 Team approach to addressing domestic violence Victim advocacy support and services Evidence based practices Compliance with legal requirements Adherence to Procedural Fairness principles 17 RELICENSING PARTICIPANTS & REVENUE 8 NUMBER OF PARTICIPANTS IN DISTRICT & MUNICIPAL COURTS $ REMITTED TO DISTRICT COURT 2010 2011 2012 2013 2014 2015 18,328 21,269 19,455 18,783 17,662 16,666 $395,891 $432,269 $419,693 $412,261 $377,625 $355,420 As of 10/1/16 11,959 $253,853 DISTRICT COURT PROBATION Probation Cases Opened: 2014: 2,340 2015: 2,127 Detailed Status Reports informs court and partners Great programming - Alive @ 25 Name Employe Trout Mk 0 Current Fele Panel Completed Domestic Violence Status Report DOB 03/2411925 rlydeFa pee 06/17201e Drn84 BAC Seward Ckaom Data [5232018 Start Dela J+1292014 coap(Crime Dee 042912/14 CPC 124507 I THEFT Ov 1 Probate Darden 25 Modes bayr Imp 9uep Grath 304 302 2 Re -imposed 30 days /Won 04/072010. CFTS 9113 dets, Weide Prob. TO Rev l leoringa every 2wm 40 far now brim law 0/00, heroin use CR6124508 FAILS STATEMENT 332 days refrain, 3841 302 Rtrabpoaed 30 eye Jell on 0410712018 CFTS of 13 days. reinelate Prat, To Rev Heeri 2s, every 2 we4E4. for new vim law vlps. IraMn use 332 days remain (purr: t TreebneHrt Programa Relent Dee - Dagen On Stabs End Dale P.m Vinyard ecnpy ohne mammon a1Gebw4y 05/01201/ 0123/2014 Completed 0423/2014 'Subden0e Oependeno Placemerl al New Hormone Volley 05/012014 05708/2014 Failed to Complete Substance D4perdmlcy Raceme -tar New Ht9Tena Vary 05101/2014 09/20/2014 Failed 1039mple1e .s.., essence Deperdeue Pbcemel ellsebelb Herne 05/112014 Tenser to ode Agee" 11pel car Prgrama1 ASH, (VALLEY) 09/20/2714 0800/2014 Failed to Com bee 08/17/2019 Inpatient Prnerarn al NEW 510101,1 DETOX 0 513 0101 4 Failed to Complete /TO ltday by Spm at Abele Dug Teaing Salley 09111/2014 Failed 10 Complete LA Toddy by 5'00 at elebre Drug Tesling Vale, 08/112014 Failed to Complete 6abatance Mane Ewlu/N4n at New Horeors Valley 01/1/2010 Completed 031171201E Moms! Neale EvaWmon at frontier Behaub4 Hearn 047192010 Completed !05/0512615 Alcohol and Aug Svalaaaorse 08041804 05102,20141rn0M CATEV.AY COM9.LETED 1103114-161PAT RE COM No les rasrell58i15i n the 12131 30 08/5 tare Began C0/0472014 00 ended 03257010 Dep 508 Result/Bohm FTA'd 10 SIC -125/91 ace nvurexl nn bol 08550 (5e eedl 07/0112014 072512014 24 /TA/ to S/C (Benet Total day. en 84.111 w1Ir0MaI 592 anon lees `Sornnlery I Sleeked Fewer& 1 0410/2016 .how Cause Hammg 1Prom0on Odeon Found)- PV. 30 day9Jail, CFT.S 1/050[ Else, Jail. O:her d13 days 180/elayK 19 ALTERNATIVES TO INCARCERATION -PRETRIAL /71/R14 Pre-trial Risk/Needs Assessments Alcohol & Drug Monitoring Alcohol Monitoring Bracelets Urinalysis Testing Ignition Interlock Devices Portable In -Home Breath Testing Electronic Home Monitoring/House Arrest Global Positioning System (GPS) Monitoring 20 ALTERNATIVES TO INCARCERATION - POST -CONVICTION Drug & Alcohol Treatment (Inpatient/Outpatient) Mental Health Treatment Domestic Violence Perpetrator Treatment Moral Reconation Therapy Theft Awareness Classes Anger Management Classes Relicensing Program Diversion & Community Service Programs Alive @ 25 Driving Course (for 15 to 25 year olds) Probation Supervision Geiger Programs: • Work Crew • Work Release • Partial Confinement • Community Service • In-CustodyDrug/Alcohol Treatment • AA Classes • Alcohol/Drug Evaluations • Treatment Placement • Screening for Benefits (DSHS) • 24 -Hour Jail Alternative for DUI • Breaking Barriers • Thinking for a Change 21 DISTRICT COURT WEBSITE Spokane County District Court Fspkir fFmd Smirch Rrifar Search.... Make aPaymmt Cnntaetths Haw Do Spokane County District Court Search.... 0. Find Court Dates & Case info News & Alerts Ticket Options Public Records Requests Judges S. Administration NEW! Sign-up to receive TEXT MESSAGE REMINDERS of your future District Court hearings Read on_. Wedding Inform ate About the Court Court Locations & Flours County campus aerial map of buildings Find Your Court Date Courtroom Information Court Date Text Message Reminder Opt -in Specialty Courts Mental Health Therapeutic Court Veterans Enhanced Treatment Court DUI Intensive Supervision Therapeutic Court Domestic Violence Court Traffic Ticket/Infraction Cases Court Date Text Message Reminder Opt -in Traffic Infraction Deferral Program Traffic Infraction Mitigation Program Infraction Good Cause Request Foam Traffic Infraction Ticket Fors Alin 025 Program Sheriff Traffic Scholl Program Relicensing Program Explore/Find Se Fortal C ri minal/Misdemeanor Cases Court Dale Text Message Reminder Opt -in G rmninal! Misdemeanor forms Civil and Small Claims Cases Civil and Snell Claims Forams District Court Probation Court Forms MakeaPaymrart ContactUs How. Do L_ Court date TEXT MESSAGE REMINDER Opt-ir Infraction Ticker lours C riminalfMisdemeanorforms Civil Protection Order Fomes Civil & Small Claims forms Mental Health Court forms Veterans Court fors DUI Intensive Supervision Therapeutic Court forms Name Change forms Public Records Requests Civil Protection Coders Information, options, where to go and what to do CMI Protection Order Fors Resources/Treatment Providers YWCA Domestic Violence Counseling Friendship Diversion Absolute Drug Testing Smart Start Moon Security Lutheran Community Services Public Records Requests ADA and Other Services ADA .Ac comodations and Resources Interpreter Services Jury DutyIServic Marriage Ceremonies Chickens waiting room 22 INNOVATIVE PROJECTS: ROSO-TEXTING Text Message Reminders Decreases failures to appear & warrants Opt In Includes link to Online Case Lookup Available to victims, lawyers Includes case number(s) No cost to District Court (or recipient) Fwd: WALKER, PATTI , you have a court appearance for case number(s) 6Z0487781 9:00 AM , 6Z0487782 9:00 AM on Thursday, October 6 . For further information go to the Court Date and Case Information Search application at http:// cp. spokanecounty.org/ courtdocumentviewer or call your lawyer. To unsubscribe from all District Court text reminders contact the court at dccasemgmt@spokanecount y gr Spokane County Court Viewer Delivered 23 INNOVATIVE PROJECTS: SMART COURT FORMS Accuracy Increased #'s not transposed Conditions understandable/legible Prompts for complex legal issues Immediate electronic routing to partners (i.e. jail, counsel, advocates, victims) Saves time on dockets allows judge more time to analyze issues/hear from litigants SPOKANE CCUNTY DISTRICT COURT STATE OF WASHINGTON State of Washington vs DEFENDANT NAME HERE Defendant 19122cel OE, poej FILED ocrommfl SPC•I1AEe COUNTY DIS7RSt COLRT M1TI�TrId isa1031 ASSAULT 4TH DEGREE I7 ORDER: ON PROBAGLE CAUSE, SETTING RELEASE CONDITIONS, COURT DATE 81OR COMMITMENT DEFENDANT MUST APPEAR for COURT DATE: Hearing Type on Date at 9:00 am Before JUDGE Patti Connolly Walker in Coudmom 7. [Public Safety Bldg. Floor 2] PROBABLE CAUSE: The Court finds: PROBABLE CAUSE exists Lc oelieve the aucu=_=_c cc min bed the offense(s) charged Cr RLI 3 2. l•e;g.2 Not Gui Plea erater ed: 1-0rt1i1r3 DEFENDANT RELEASED without release conditions because. Reasp re ease. Case is DISMISSED for the reason indicated above and Defendentm al in custod All prior conditions imposed by the court on this matter are removed and there ere no future wort dates at this lime. It should he noted !het the State may retie these charges in the future. DEFENDANT HELD on 72 hours hold Prosecutor given additional time to establish Probable Cause. FAILURE TO APPEAR: Defendant failec to for the hearing in this matter. Probable cause exists to believe; tha accused committed the offense(s) eharad. Tha court orders an ARREST WARRANT for Defendant rehh a cash or surety 8252 re Ru red to be pcstec in the amount of %BOAd Amount No Rook & Releaee, j. CDMMFTME NT ORDER: ❑ Jail is hereby ordered to receive the Defendant into custody to serve thefellowing Sentence es Priglrwlly ordered: DAYS Cnaears Frei vert.. ireiaar Rs_A..i ttH L.P. IP, DAYS eS�� m�e rsIP.�rno�rrrr ratan ELEA SE: p JaibGeiger to RELEASE Defendant on OWN RECOGNIZANCE. Jail:Geiger to release Defend an W e cosh or surety BOND is posted in the moo rd of lee Book & Releaue. Defendant has posted bond in the amount offload_ Amonat. is out of custody and subject to the conditions of release- Bond will be maintained. Drier on Probable Cause -Release CernditionoCouot Date'Commitment (or ertELDEFEND_tNT hAUtE EERIE PE. I'3 24 INNOVATIVE PROJECTS: E -WEEKEND JAIL APPLICATION Judge reviews arrests Saturday and Sunday Decreases overcrowding - enhances jail safety Immediate jail cost savings out of jail 2 days sooner $130/day = $260 Defendant/family stabilization Defendant does not lose job Saves Staff Time Documents available for processing immediately on Monday edge Portal Viewer- Viewing district Court Cases File Help 2t`•:1:• EU •, DC Refresh Content Nati, Announcements Split Windows Tab Windows Close AlMWindows District Court • 2016 -1E -DB iSeturday] 5 55aa 0 7114.pdf 1 ara1E.,EktfF WASMIIJOTCN CANNTY d: SPC.ANG w X STATEMENT OF INVESTGAflNG OFFICER AFFIDAVIT OF FACTS DeFetewillI L GPM Prfady141e 2016-10091885 INaioar"' The underN`eed. a law Infereernent officer, competent to testify, states as (dhows: Thet helshe be levee a crime wrs committed by the abate named defendant In the City and/or County of Spokane Stan of Washington, Gera use: Ponce Officer Jeff Jones will testify to the followWg; Thad on 1e -O7-2016 at 222711rs he responded to eta 8. Liberty dr for an Assault call. That he was werkIng tor the Liberty Lake pollee department at the tams_ Than he noted blood on the floor of tho residence. That he could not mitt a response at the door. That he entered the Ma'kdenee That he ha contacted oming down the stalte, Deputy Pfeifer will testify to the following: That on 18,07-2918 at 2248hre he responded to 818 S. Liberty dr. Spokane county fora reported assaulted That took place than, That h- rfrpylrinoms_uCr1•p __Alae day and driving a marked patrol SUV. That _^�(vlcli,n In the back of an ambulanu- Thsl - - .�. ��..�_ n0. That he Wok her statement That teff (suepeetk- That N .nt Thai .,,� + ho dict not assault Taylor and doesnl know how she beCama Inlurlatl. I merry under Ike penalty of perJury under the laws or the Stets of Washrooms that all stataneme made herein are hue and accurate and that! have ontorec my authohzsd user 1p and passw0ra In a JOtonccese It. 0, unman papa_ Spsk.n.County wuSHINurou SIGNAT tr, Sa1211JPf0aer, PNllp Jr3 25 INNOVATNE PROJECTS: E -SEARCH WARRANT APPLICATION • Benefits Law Enforcement, Defendant and Judges • Judges on call 24/7 • Warrant Processing Time Decreased • small window to gather evidence • Decreases Processing time from hours to minutes • safety and resource/cost savings SPOKANE COUNTY WARRANT DOCUMENTS Questions or Problems? Home Create Warrants On Call List My Officer Info HOME This website is for use by Spokane area law enforcement officers to create search warrants. You must be signed on to your computer at work or the go book in your vehicle with your work USERID and PASSWORDto use this website. The website has the following features: Maintain Officer Info The website has a tab at the top titled MY OFFICER INFO. If you click on this tab you will see that you can enter/update information about yourself. This information will be automatically entered into your search warrants. Enter Officer Info: When you click the Officer Info tab you will be taken to a screen where you can enter your Badge ID. Title, and Declarant Background Information. The information you enter here will be put in a database and will be available for you to use when you create search warrants. Update Officer Info: This same screen allows you to make updates to your officer information. Create Search Warrants The website has a tab at the top titled CREATE WARRANTS. If you click on this tab you will see that you see a list of automated word search warrant template(s) that are currently available. Instructions for using these templates are also on the screen. To use a template simply click on the template - Word will open automatically. View the Judge On Call List The website has a tab at the top titled ON CALL LIST. If you click on this tab you will see documentis) that provide information about what judges are on call. This list is updated by court staff so it is the most current list available. Instruction Documents Instructions - Spokane County Sheriff and Spokane Police Department Instructions - Airway Heights Police Dept and Liberty Lake Police Dept 26 INNOVATIVE PROJECTS: FINGERPRINT PROGRAM Grant Funded Pilot Project Only Court in Washington Collaborative effort Accurate and complete criminal history Transmit to WSP CRIMINAL CONVICTION RECORD KEEPER 27 INNOVATIVE PROJECTS: DISTRICT COURT INFORMATION KIOSKS OleIV P441 aunenis UNTv DISTRICT COURT DIRE rim 'at4;'.Y`6a iEr'ii'LJ.I'7rb- 5+�'-Fx _ yr. F?# &'may N{a. JAIME Jahmak .. 11 l.4 - - *A...0 Pry PAN "Ai A$'_ re s .A rl.-.-._ � al €•af r r,a i,4 cua a. .. - 1 Y i4 deal- Ara SAa 141.4 l.!! • Ad SY,.e ClAi 11410.11 illl.taFl1 E ofn ri4aiar.z -a F1 S.!Raba • y t�•.F •-i-..- wsie14. .yFli�aa ee9 Via'!MA. #. r.ra• r .R1 T 8 A4.41 dt ri ri Map 28 sP.amOman INNOVATIVE PROJECTS: NAME & CASE SEARCH APPLICATION Spokane County Court Viewer Court Date & Case lnbrnsaem Search Prmtns or Suggetianf Hume District Coil 1OC(- Sulerke Court (5O - DC/SC Daily Hearings Combined District Court - Court Hearings By Date Ria Dishict Court Heai.g fa L0/10/2016 205 Apoo50 Fes Heonn1s rn Spokone C N ce ir 5ourt/rsipaciz res Penns sduduld on the Mentor Hearth Theropeu0L Cant docket may not slow on this List even though they may have a heanng. Please contact the District Coot CbKs office at (509(43/-4110. Rewe note: This Int may not be complete tor the hearings set for today. Please contact the Disbar) Court Clerk's atfiee at 1509(477-4T TO if you cannot find the name you are looking for. Enter Court Fleari,9 Da1G Search 10/102016 ABCCIEF GI -LI 1 KL 10 11 0 1 Q 19 5 TUVWX Y Z MI Filter by last name beginning with: Showing 286 Reulw Show ® entries 11- t Previous 1 4 5 12 Nei last Search (An columns are searched for letters/numbe's enterer(: 10/1020151:30 PM Case Na 1657031 !notion Oroadway Center 81dg - Floor 2 -Room 203 Heng Type Nan Jury Thal Small °aim Case Type Small Claims -5C 0010®1 Name LEIAND, RICHARD M Scheduled +`- Names ALMUIPIwMOLL LAI -1 Slucry G 10/10/20191:30 Phi 1657031 troa0way Center OId9 - floor -Room 203 Non Jury Era! Snell Clain Small Claims -5C LELAND, RICHARD M Scheduled 11/10/7015 9:00 AFI 521074991 Public Safety Bldg - Floor 2 - Room 5 1oy Trial liminal Traffic -CD WYE DEBRA R Not Held -Canceled 14/10/2015 300114 621004097 Public Said, Bldg - FIcce2 Askeptionist for RocmW[503-077-2901) Prelimirnry appearance DUI Ise ST APPEARANCE Litigant Case # Hearing Type of Case Assigned Status of Name Link Location Hearing Type Judge Hearing Print A ALL HEARINGS FOR CASE: 4Z0571103 4 }H Case: 4Z0571103 Charges: 46.61.502 -DU[; 46.20.3342.1A-DWLS 1ST DEGREE Case Type: Criminal Traffic -CD File Date: 07/07/2014 Incident Number: 14-950572 Court: District Court Case Status: Open H EARINGS Hearing Type Date/Time Location Official Name Status Public Safety Bldg - 2/1312015 Floor 2 - Room 4 Show Cause Hearing 1100 W Mallon 9:40 am Spokane, WA 99260 Pre Trial Hearing - 11/21/2014 Driving Under the Influence '3 00 am Pre Trial Hearing - 11/14/2014 Driving Under the Influence 9:04 am Arraignment - First 11/12/2014 Appearance 1:30 pm Arraignment - Driving 7/7/2014 3:00 Under the Influence pm TRIPP, GREGORY Held TRIPP, GREGORY J Held PRO TEM JUDGE JUDGE, 1ST APPEARANCE TRIPP, GREGORY J Not Held - Continued Held Not Held -Warrant or FTA ordered i DISTRICT COURT CASE MANAGEMENT SYSTEM lir District Court Imaging System Main Menu Code Tables Options Help • ie` Al y --4ii al Probation PreTri al j .., 1 Matra 1 1 On Call list 1 1 MC Viewer 1 ll EIC1ii 2 D -at cl CourtCakndar o 11 o II• +-I Proceedings lase Sear h I — Case Plaintiff _ Defendant _ Active Warrant Reports - 17 Defendant, Search Criterim ® Active Judge 0 Assigned •(i Hearing (WALKER PATFIM I -I Fearing Type ALL - Case Type ALL - More - Scheduled Dae: Status FTR Case Plaintiff Defendant Title Time 10/11/2016 g- Scheduled Tmet FTR 620926614 FTR 620763657 FTR 620901099 N CRIMINAL PRE TRL DV 9:00 AM CRIMINAL PRE TRL DV 5 O AM E ARRAIGNMENT DV 990 AM Stahl 9:ODAM I -I FTR CR0170716 MOT FOR NCO RECALL 990 AM End 5:00 PM ■ -� FTR CR0170716 FTR 620993516 Names CRIMINAL PRE TRL DV 990 AM CRIMINAL PRE TRL DV 5 O AM ClearFTR 521131255 FTR 220279204 Blacked U DV CRT SHOW/CAUSE 11:00 AM DV CRT OW RECALL 990 AM Search/Refresh FTR CR0149127 DV CRT BW RECALL 990 AM E FTR 009140009 ...... FTR CH1124907...., ...... FTR CR0124503 DV CRT SHOW/CAUSE 11911AM ....... OVERT SHOW/CAUSE AL 11 001A DV CRT SHOW/CAUSE 11:OO AM - VIEWING CASE CR0124507 1 Add Case Note / Case Details r Documents r JIS/JAES Hiory r Case Notes. r FTR r Admin Docs r Warrants/FTA . r AKA r Proceedings r Plea/Sent Tab 1 Note: DV -WALKER W/CR124505 'CLOSE WHEN PIF' Wth Seach y'g Case F+. har CR0124507 Hearirg.Asdge: WALKER. PATTI M Charges: Cause Code, Hearing Type: Sentencing Compliance Charge Deo DV Yo Date Flea Date DY/ Yes Hexing Dale\Three: 10/11/2016 11:00 AM 9A.56.050(1)(A) THEFT 3RDODTAIN/DUiTC0... Y 2/22/2014 4/29/2014 Fling Die: 2/24/2014 I -leafing Row,, Pub. Safety Bldg - Rm 3 1A,40.090C MALICIOUS MISCHIEF 3RD (OVE... Y 2/22/2014 4/29/2014 NCO Status: Prot, Status: Active Order Expires: 4292010 FINGERPRINTS: ON FILE Patieipari list: Loo nibs JA05 Type Name DO El 624/1995 JABS Names 10!30/1959 J 1.1Blocked ewer 1 31 Scanning Application Weekend Jail Superior Court Docs Prosecutor Application Testing Providers Probation Application Pretrial Services Application Jail Application Judge Docket Schedule On Call Judge List Link to Link to Municipal District Court Court Search Webpage Application Distr via in Options - Help Probation PreTrial [ Matroc On Call list j MC Viewer DC Viewer District Court Calendar Proceedings I Case search i Search Criteria: ❑J Active Judge a; Assigned Hearing Scheduled Date: Case Plaintiff V I Defendant LWALKER.. PATTI M Hearing Type r ALL 0 2 Active Warrant Reports - 33 Defendants Case Type ALL More Status FTR Case Plaintiff rrn r7J 9.F.T9 Defendant Title Time A Jr.., rnn hIrn nrrn l I R.JLl ARA . F 32 TRAFFIC TICKET OPTIONS FROM WEBSITE Ticket Options Traffic Infraction Deferral Program Traffic Infraction Mitigation Program Infraction Good Cause Request Fora` Traffic Infraction Ticket Forms Alive 025 Program Sheriff Traffic School Program Relicensing Program 33 Court Date Text Message Reminder Opt -in Traffic Infraction Deferral Program Traffic Infraction Mitigation Program Infraction Good Cause Request Form Traffic Infraction Ticket Forms Alive 025 Program Sheriff Traffic School Program Relicensing Program INNOVATIVE PROJECTS: ONLINE E -MITIGATIONS amu, Your G emmem, Oe parhneo. A- h Dist*, Court, ExkordFind, Traffic Tckaklnhacfi n Cases, Traffic M@ipabn form (eMitigation) Traffic Mitigation (eMitigation) Fill out the form completely then use the Submit button at the bottom, to process the form. The court will advise you of the result of the hearing by return a -mail Please look at the Notice of hearing you received to complete Me Mitigation Information section of this form. If you have questions seethe- Traffic Mitigation Page for more information_ Mitigation Information El Ticket Number (include letters) fl License Number (not required) Hearing Date (mrnrddlyyyy) Defendant's hibernation First Name MI Last Name Type of Ticket Date of Birth (mMddiyyyy) Email Address Confirm Email Address Phone Number Street Address Qty Statement Slate Washington v1 Zip DISTRICT COURT RESPONSE TO "VALLEY JUDICIAL CONTRACT ISSUES" It may be helpful to have a brief overview of the division of responsibilities affecting courts. First, the legislative branch of government determines how many District Court judges each county will be given. RCW 3.34.0101. RCW 3.34.020' sets forth the process a county must follow to obtain a legislative change in the number of judges in its county. Second, the executive branch determines court funding, payment of expenses and the working conditions of staff and to some extent judges3. See also, RCW 3.58.050 Other court expenses — Lease, construction, of courtrooms and offices. Third, the judicial branch, with the assistance of the Administrative Office of the Court, operates the court pursuant to judicial principles, standards, court rules (RCW 3.30.080) and statutory requirements. RCW 2.56.030 Powers and Duties. 1. 30 DAYS PAID VACATION PLUS 30 DAYS PRO TEM TIME X 8 JUDGES = 480 PAID DAYS = 2 FULL TIME JUDGES Salaries for judges are set by the Washington citizen's commission on salaries for elected officials. RCW 3.58.010 Salaries of full time district court judges. Spokane County District Court judges follow the same statutory leave requirements as all other Washington State District Court judges. While there is no paid vacation time for District Court judges they are authorized to use judges pro tempore (hereinafter "pro terns") to serve during their absence, disqualification or incapacity. Pursuant to RCW 3.34.130 a judge pro tem can be used: RCW 3.34.010 District judges—Number for each county. The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, five; Chelan, two; Clallam, two; Clark, six; Columbia, one; Cowlitz, three; Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant, three; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-three in 2009, twenty-five in 2010, and twenty-six in 2011; Kitsap, four; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, three; Skamania, one; Snohomish, eight; Spokane, eight; Stevens, one; Thurston, three; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020. RCW 3.34.020 District judges—Number—Changes. (1) Any change in the number of full and part-time district judges after January 1, 1992, shall be determined by the legislature after receiving a recommendation from the supreme court. The supreme court shall make its recommendations to the legislature based on an objective workload analysis that takes into account available judicial resources and the caseload activity of each court. (2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of judicial administration and the district and municipal court judges' association in developing the procedures and methods of applying the objective workload analysis. (3) For each recommended change from the number of full and part-time district judges in any county as of January 1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact note detailing any local or state cost associated with such recommended change. (4) If the legislature approves an increase in the base number of district judges in any county as of January 1, 1992, such increase in the base number of district judges and all related costs may be paid for by the county from moneys provided under RCW 82.14.310 and any such costs shall be deemed to be expended for criminal justice purposes as provided in *RCW 82.14.315, and such expenses shall not constitute a supplanting of existing funding. (5)(a) A county legislative authority that desires to change the number of full or part-time district judges from the base number on January 1, 1992, must first request the assistance of the supreme court. The administrator for the courts, under the supervision of the supreme court, shall conduct an objective workload analysis and make a recommendation of its findings to the legislature for consideration as provided in this section. Changes in the number of district court judges may only be made by the legislature in a year in which the quadrennial election for district court judges is not held. (b) The legislative authority of any county may change a part-time district judge position to a full-time position. RCW 3.34.100 District judges—Vacancies—Remuneration. If a district judge dies, resigns, is convicted of a felony, ceases to reside in the district, fails to serve for any reason except temporary disability, or if his or her term of office is terminated in any other manner, the office shall be deemed vacant. The county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold office until the next general election and until a successor is elected and qualified. However, if a vacancy in the office of district court judge occurs and the total number of district court judges remaining in the county is equal to or greater than the number of district court judges authorized in RCW 3.34.010 then the position shall remain vacant. District judges shall be granted sick leave in the same manner as other county employees. A district judge may receive when vacating office remuneration for unused accumulated leave and sick leave at a rate equal to one day's monetary compensation for each full day of accrued leave and one day's monetary compensation for each four full days of accrued sick leave, the total remuneration for leave and sick leave not to exceed the equivalent of thirty days' monetary compensation. Page 1 of 8 VALLEY JUDICIAL CONTRACT ISSUES 1. To serve in a District Court judge's place for 30 days before a judge's salary will be reduced; 2. A judge may also have up to 15 additional days of annual leave to serve on judicial commissions established by the legislature or supreme court; 3. To serve in the place of a judge who is out on sick leave; 4. To serve while a judge is disqualified from serving on specific cases; 5. To cover excess caseloads and specially set cases; and 6. To serve while a judge is involved in administrative, educational or judicial functions related to the performance of their duties. 2. ADMINISTRATIVE OFFICE OF THE COURTS ESTIMATES CURRENT JUDICIAL NEEDS AT 6.25 JUDGES V. 8 CURRENTLY BEING PAID District and Municipal Court judicial needs are determined by a statistical model which takes into account the observed caseload processed and the number of available judicial officers.4 Courts are required to enter case information into the state judicial system in part so judicial needs can be determined. RCW 2.56.060. In 2014 the District and Municipal Court Judges Association (DMCJA) requested the Administrative Office of the Courts (AOC) review the judicial needs methodology due to changes in business practices since the methodology was adopted in 2002.5 The Judicial Needs Workgroup concluded the original judicial needs model failed to adequately consider the number of hearings and hearing length. They recommended the model be modified to add new hearings codes so workload estimates could be based upon the amount of judicial time necessary for a hearing and matters addressed off docket. Courts were previously unable to provide data through the state case management system regarding probation and post adjudication activity on cases. Additionally the new codes allow courts to properly document therapeutic court activity. Individuals in therapeutic courts are closely monitored, supported and often have weekly in court review hearings which were previously not documented. District Court began using the new codes in January 2016. A review with AOC earlier this month indicates that District Court's hearing numbers are double what they were in 2015 due to the new ability to better track workload. The last judicial needs estimates by AOC were based upon 2015 data. The 2016 projected filings were based upon the previous 5 year filing trends without the benefit of the new codes available to courts. However, even with the 2015 data Spokane District Court's estimated judicial need was not 6.25 as indicated in the "Valley Judicial Contract Issues" document. The Spokane County total estimated judge need is 6.84. The total estimated Cheney/Medical Lake judicial need is .48. Cheney contracts District Court for judicial services. Judge Tripp is the assigned Cheney judge and their ' Office of Court Administrator Description of Courts of Limited Jurisdiction Judicial Needs Estimation In August 2002, a new methodology for estimating judicial needs of the courts of limited jurisdiction was adopted by the Administrative Office of the Courts in conjunction with the District and Municipal Court Judges' Association. Beginning with the 2002 Annual Report, a yearly table is published displaying court -level judicial needs estimates using this methodology, along with a brief description of the process. The district and municipal court model for estimating judicial needs is workload based. The estimates are derived from a statistical model with two primary data components: (1) the observed caseload processed, and (2) the number of available judicial officers. The caseload measure is represented by case resolutions, and the judicial officer measure is represented by judge and commissioner FTEs. In order to ensure that a good representative sample underlies the estimation, the data are drawn from courts across the state and from the past several years. Estimates are presented only for municipal courts with current judicial staffing levels of 15 hours per week or above. This type of approach has wide usage in a number of diverse applications and so provides a well-established base model. An inherent advantage of this methodology is the facility to capture changes in practice over time. Published as of 10/06/2014 ` Report by Charlotte Jensen, AOC Court Business Information Coordinator on Behalf of the DMCJA Judicial Needs Estimate Workgroup, 8/26/14. Page 2 of 8 VALLEY JUDICIAL CONTRACT ISSUES presiding judge. All District Court judges also provide night, warrant, weekend and jail docket judicial services to Cheney/Medical Lake and Airway Heights Municipal Court. Assuming District Court provides .30 of the judicial needs estimate for Cheney/Medical Lake the actual estimated needs for District Court for 2016 based upon 2015 old code technology was 7.14 judges. AOC Judicial Needs Estimates by Full -Time Equivalents, 2016 Projected Filings Court Judges Commissioners and Magistrates mi�11U!l�l�l�� Judicial Officers Total Estimated Judge Need2 Cheney (+ Medical Lake M.) 0.10 0.10 0.20 0.48 Court Judges Commissioners and Magistrates Time Spent as Superior Court Commissioner Total Judicial Officers Total Estimated Judge Need2 Spokane 8.00 0.00 0.00 8.00 6.84 3. DOCKETS SCHEDULED DO NOT REFLECT TIME EXPENDED. IN THE VAST MAJORITY OF THE TIME DOCKETS END FAR EARLIER THAN TIME ALLOCATED. MANY DOCKETS COULD BE "DOUBLED UP" RESULTING IN FAR MORE EFFICIENT USE OF TIME. Dockets have a beginning time but not an end time. District Courts must be open on judicial days with the court sitting as often as business requires. RCW 3.30.040. Please see attached matrix for the week of July 18-22, 2016 for a better description of daily work for each assigned judge. Cases assigned to a judge are set according to the type of hearing needed. Some hearings take minutes some hours depending on the type of case, issue presented, stage of litigation, number of witnesses/victims and whether a litigant is in or out of custody. For example a traffic infraction hearing will take significantly less time and effort than will a Domestic Violence Assault jury trial. Procedural fairness and other judicial ethics obligations dictate litigants be given appropriate time to present their cases to judicial officers. Additionally judges are required to have time to manage other out of court obligations such as response to correspondence, briefing, meeting attendance, electronic mitigations, case preparation and order processing. 4. NO NEED FOR JUDICIAL ASSISTANTS. DISTRICT COURT HAS 8 — A YEARLY EXPENSE OF $500,000 OF WHICH THE VALLEY PAYS 20% OR $100,000. The City of Spokane Valley does not pay 20% of District Court's judicial assistants' salaries (or for any District Court employee or elected official.) The Interlocal Agreement for Costs Incident to Adjudication of Misdemeanor and Gross Misdemeanor Offenses in the City of Spokane Valley - Resolution 13-0285 details the Cost per Case methodology6 used to determine the cost to the City a The Cost per Case method determines the average cost of processing a single case, by case type. See, Resolution 13-0285, Section No. 5: Cost of Services and Payments for further information on Basis, Methodology, Workload Analysis, Calculation of Cost -Per -Case and Billing Procedure. For example a traffic Infraction case rate is 25.34 as compared to a Criminal Domestic Violence case which is given a rate of 405.29: 2016 Category Rates Infractions 25.34 DUI 537.62 Criminal Traffic 149.37 Misd DV 405.29 Criminal NonTraffic 276.08 Mental Health Court 0.00 Page 3 of 8 VALLEY JUDICIAL CONTRACT ISSUES of Spokane Valley for court services provided by District Court for crimes and infractions occurring in the City of Spokane Valley. It should be noted that the City of Spokane Valley is not charged for the following additional services provided: • Therapeutic Mental Health Court Participants • Civil litigation and Small Claims cases • Civil Protection Order cases 5. WHERE DID THE $$ COME FROM TO PAY FOR $175,000 IN ATTORNEY FEES PLUS JUDGMENT OF $16,000 WON BY JUDGE PLESE OVER PAYMENT OF VACATION TIME? Director of Risk Management, Steve Bartel, has indicated the 2009 Judge Annette Plese lawsuit cost Spokane County a total of $175,000. These amounts were paid by Spokane County and did not impact District Court's budget. Judge Plese received $15,806 for her unpaid wages claim, her attorney was paid $63,894 for a total of $79,700. The remaining $95,300 was the amount paid for the County's legal counsel. 6. JUDGES USE PRO TEMS WHEN GOING ON VACATION INSTEAD OF VACATION DAYS AND SELL THE UNUSED VACATION TIME BACK TO THE COUNTY WHEN THEY RETIRE. WHERE IS THE MONEY COMING FROM TO PAY OFF RETIRING JUDGES? As indicated in response to #1 and as set forth in footnote 3 - RCW 3.34.100 District judges— Vacancies—Remuneration, District Court Judges receive leave and sick leave as opposed to vacation days. District Court judges receive no pay for unused pro tems days except as required by RCW 3.34.100 when they vacate office or are granted compensation by the Board of County Commissioners according to County policy. District Court has no part in deciding whether or not judges who separate from service are paid for unused pro tem days or receive any other benefits. If District Court has unused salary amounts remaining in its budget when an employee separates the County may pay the costs associated with a separating employee out of District Court's budget. If there are no excess (unused) salary amounts in District Court's budget when an employee separates, Spokane County's General Fund covers costs paid to the separating employee. 7. TAXPAYERS COUGHED UP $5,000 TO BUY JUDGE WALKER A NEW DESK. In 2008 a former video courtroom was converted into a judge's chambers. Furniture was purchased by District Court for the new chambers. The desk cost $2,362.05 and although initially used by Judge Walker in the new chambers it has since been used by Judge Cooney, Commissioner Chinn, Judge Hayes and is currently being used by Judge Leland. 8. ESTIMATED EXCESS COST TO VALLEY: a. 3 JUDGES X $200,000 EACH X 20% = $120,000 b. 8 JUDICIAL ASSISTANTS @ 50,000 EACH X 20% = $80,000 c. PAYMENT OF ABUSED VACATION TIME = $100,000 Page 4 of 8 VALLEY JUDICIAL CONTRACT ISSUES As previously indicated in Question 4, the City of Spokane Valley does not pay direct costs for judges or staff. 9. ESTIMATED EXCESS COST TO CITY OF THE VALLEY - $300,000 Question 9 appears to be an extension of Question 8. See answer to Question 4. 10.WHO IS PAYING THE COST OF LITIGATION INVOLVING DECISIONS MADE BY THE DISTRICT COURT JUDGES? Spokane County covers litigation costs for all departments either through the General Fund or Spokane County's Liability Insurance Policy. 11.LITIGATION PERTAINING TO THE TERMINATION OF THE CONTRACT FOR JUDICIAL SERVICES WITH THE CITY OF SPOKANE — DID THE VALLEY PAY PART OF THOSE COSTS? It is unclear what this question relates to as there was no litigation pertaining to the termination of the contract for judicial services with the City of Spokane. The City of Spokane Mayor and City Council opted to no longer have a combined District and Municipal Court through Spokane County and started a separate Municipal Court as statutorily permitted.' 12.LITIGATION INVOLVING THE NON-PAYMENT OF UNUSED VACATION TIME BY JUDGE PLESE AND COONEY OF SUPERIOR COURT — DID THE VALLEY PAY PART OF THOSE COSTS? No, the City of Spokane Valley did not pay any part of Judge Plese or Judge Cooney's separation payout amounts. Judge Plese's payout is addressed above in Question 5. In 2013 Judge Cooney was paid $16,351 for unused pro tem days when he separated from District Court. 13.LITIGATION INVOLVING ALLEGATIONS OF CIVIL RIGHTS VIOLATIONS BY DISTRICT COURT JUDGES — IS THE VALLEY PAYING PART OF THOSE COSTS? Assuming the reference herein is as to Writs filed by Steve Heintz of the Public Defender's office in 2015, these writs related to the imposition of pretrial release conditions on defendants. There was no cost to the City of Spokane Valley in defending these actions. RCW 3.50.060 Termination of municipal court—Requirements—Establishment of court. A city or town electing to establish a municipal court pursuant to this chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be terminated unless the municipality has complied with RCW 3.50.805, 35.22.425, * 35.23.595, ** 35.24.455, 35.27.515, 35.30.100, and 35A.11.200. A city or town newly establishing a municipal court pursuant to this chapter shall do so by adoption of an appropriate ordinance on or before December 1 of any year, to take effect January 1 of the following year. Page 5 of 8 VALLEY JUDICIAL CONTRACT ISSUES 14.A000UNTING OF TRIAL COURT IMPROVEMENT FUND MONIES RECEIVED BY DISTRICT COURT. DID THE CITY OF THE VALLEY GET CREDIT FOR ITS SHARE? By way of background, in an effort to provide long term funding for trial courts the Board for Judicial Administration implemented an increase in filing fees for civil lawsuits in District & Superior Courts statewide.8 Where a city receives all judicial branch functions from a district court that city then benefits from all improvements made by the district court through the use of trial court improvement funds. Funds in the trial court improvement account are appropriated by the legislative authority of that district court and are administered according to RCW 2.56.030. The funds are used for improvements to court staffing, programs, facilities and services. 15.A000UNTING FOR FILING FEES/FINES AND PROBATION MONITORING FEES RECEIVED BY DISTRICT COURT. DID THE VALLEY GET CREDIT FOR ITS SHARE? CITATION REVENUE: As referenced above, District Court bills the City of Spokane Valley monthly for judicial services based on a cost -per -case methodology. The Treasurer's Office has a designated City of Spokane Valley C -Fund. At the end of each month the Treasurer's Office remits to the City of Spokane Valley the gross revenue from the citations. The City of Spokane Valley then remits to the state their split of revenue (Crime Victim revenue, etc.) due for each citation. FILING FEES: Civil cases are always filed in district courts and not municipalities. As such the City of Spokane Valley pays no fees for the handling of civil matters and receives no revenue from the civil filing fees. PROBATION FEE REVENUE: Probation services are included as a service to the City of Spokane Valley at no cost; accordingly the City of Spokane Valley receives no part of the revenue collected from defendants for probation services. 16.SPOKANE COUNTY AND KING COUNTY LEAD THE STATE WITH JUDICIAL OVERSTAFFING BY 25 PERCENT Spokane County has been determined by the legislature to need 8 judicial officers. See footnote 1. Absent a change in the law District Court will continue to operate with 8 judicial officers. s RCW 3.58.060 County trial court improvement account—Contributions to account by county Use of funds. Any county with a district court created under this title shall create a county trial court improvement account. An amount equal to one hundred percent of the state's contribution received by the county for the payment of district court judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to superior and district court staffing, programs, facilities, or services, as appropriated by the county legislative authority. Page 6 of 8 VALLEY JUDICIAL CONTRACT ISSUES 17.FUNDS RECEIVED FOR VARIOUS OFFENSES DO NOT MATCH THE 20% SHARE OF COSTS PAID BY THE CITY. As referenced above, there is no 20% share of costs paid by the City of Spokane Valley. Page 7 of 8 VALLEY JUDICIAL CONTRACT ISSUES SPOKANE DISTRICT COURT MATRIX FOR WEEK OF JULY 18 - 22, 2016 WEEK # 2 July -December 2015 SPOKANE COUNTY DISTRICT COURT Online athttp:llmuntyideasrJusticefDistrict'9620CourtJMatices+FamnsiAllItems.aspx DAY HAYES TRIPP WILSON M0.URER PETERSON Crim R -Z #'E Crim A -D #4 Crim E -J #8 iim7Civi BCB 2( :rim K-0 Net CI MONDAY AM 9:80 9:00 9:00 9:00 9:00 13 -Jul -15 JURY ARR PTG ADMIN Docket Closed PM TUESDAY AM 19J u1-15 PM WEDS AM 20 -Jul -la PM THURS AIJI 21-J u1-113 PM FRIDAY AM 22 -Jul -15 P4� 1.30 JURY 9:00 JURY 2:00 1st APP Jail 1:30 Contested+ 300 CCl Coed VALLEY 9:00 SAC (TZ) TRL Ready, BWR's & Mations 1:30 PTC 1:30 PTC 9:00 ADMIN 1:30 ADMIN 9:00 7 9:00 FTC JURY 1:30 1:30 1st APP FTC Jai 3 p.m. DU1 9:00 9:00 MITS Cheney! Exparte VALLEY 1:30 1:30 1st APP Cheney! Jail Exparte 3 p.m. DUI 9:00 9:00 PTC Txt Review & ShowCause -Iearings(AB) 1:30 JURY ■ 9:00 JURY 1:30 JURY ■ r 9:00 10 am Txt Rev ISTC (A -K) 1:30 1:30 ADMIN 1st APP Jail 3 p -m. DUI 1:30 ISTC S/C 1:30 AHTDV Exparte BCB 202 9:00 Contested VALLEY 1:30 AR/DV Exparte BCE' 202 9:00 MR. 1:30 Docket Closed 9:00 ARR 1:30 1st APP Jai 3 p.m. DUI 9:00 Docket Closed REVISION DATE 11f2112016 LELAND Civil BCD 203 9:00 SM CLAIMS BCB 203 1:30 SM CLAIMS 906 203 9:00 Civil Jury! Non -Jury BCE 203 1:30 Civil Exparte! Special Settings BCE 203 0:00 SM CLAIMS 900 203 1:30 1:30 A1-UDV Docket Exparte Closed BCI3 202 9:00 9:00 DV Hearings Docket Closed 1:30 AHfDV Emarte BCB 202 9:00 AH Hearings 1:30 VetCrt Staffing 2:30 1:30 SM CLAIMS VALLEY 9:00 Collection Non -Jury 900 203 1:30 Chnl Exparte! Special Settings Vel CrtBCB 203 9:00 9:00 ADMIN GM! Motion & Narne Chg. 906 203 1:30 AHf[?V Exparte BCB 202 1:30 ADMIN Page 8 of 8 1:30 Civil Exparte; Special Settings BCB 203 Position 2 Vacant WALKER MHTC#1 PJfDV #3 9:00 9:00 ADMIN PJ 1:30 3)10 DUI 8:45 MHC Staffing 10:00 MHC Therapeutic 1:30 MHC PTVEIVIRMal County A-4A4C) 2pmTxtRev 9:00 ADMIN 9:00 PJ 9:00 PTC 11:00 Y00 Recalls 1:30 ADMIN 11:00 JURY Valley Schedule 9:00 Valley Admin 1:30 Valley Admin 9:00 Contested MBAURER 1:30 Correstedf 3m CUL Cut0G0d HAYES ALIVE 25 1:30 MHC SAC 9:00 ARR. 1:30 Felonry Red. 9:00 ARR. 1:30 JURY 9:00 JURY 1:30 JURY 11:00 StC & Moans 1:30 Small Claims LE LAI, C 9:09 MITS HAYES 1:30 Valley Admin 9:00 Valley Admin 1:30 1st APP Jai 3 p.m DUI 1:30 ADMI N 1:30 Valley Admin CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Update — Myrtle Point cleanup. GOVERNING LEGISLATION: Chapter 70.105D RCW; chapter 1783-349 WAC. PREVIOUS COUNCIL ACTION TAKEN: Administrative report and motion to approve access agreement December 8, 2009; administrative report February 16, 2010; and administrative report and motion to amend access agreement February 23, 2010. BACKGROUND: The City inherited park property at Myrtle Point along the Spokane River when the City incorporated in 2003. Myrtle Point is immediately adjacent to a former industrial use, a cement production facility. At some point in the past, the then -owners of the cement factory dumped a substantial amount of byproduct from cement production over the north edge of the property and onto what later became City property. This byproduct, known as cement kiln dust (CKD), is classified as a contaminant by the Department of Ecology due to its extreme basic (alkaline) nature (on the opposite end of the spectrum from something that is acidic). This is reflected on what is referred to as the pH scale. On that scale, 0 is the most acidic, and 14 is the most basic (alkaline). The materials on the City park property tested to at least 12.5 on the pH scale, and were so alkaline that virtually nothing grew in this area of contamination for the past 60 years, based on historical photos. Attached is a photo from 2009 showing the boundaries of the contamination, which are clearly white compared to the surrounding area. In 2007, the City was contacted by Geo Engineers (Geo) on behalf of the owner of the adjacent property, Holcim, Inc. (Holcim). Holcim is the successor in interest to the property, and is a subsidiary of the last industrial user of the property, Holnam Cement Hydraulic. Geo contacted the City to advise that Ecology was going to be investigating the nature and extent of the contamination, including whether it was contaminating the aquifer or Spokane River. Extensive testing and monitoring were conducted on the combined sites over a period of years, and Ecology (through the Spokane Regional Health District) ranked the site a 1 out of 5 on their scale, with 1 representing the highest risk, and 5 the lowest risk. A significant factor in that ranking was the proximity to the Spokane River. A copy of the map showing where the monitoring stations were located is attached for review. CKD is a contaminant not only due to its extremely basic nature, but also because it contains other toxic materials such as cadmium, lead, and arsenic, which were all found on the City property. Following years of testing, the contaminants were found to be interacting with the groundwater at the top of the aquifer at the City site. Through a collaborative process between Holcim, the City, Ecology, and Neighborhood Inc., which owns the residential development to the west, the investigation was completed, cleanup options were identified and considered, and a final action plan adopted. By law, this process requires the filing of a Complaint in Superior Court against the City and Holcim as Potentially Liable Parties, which occurred November 12, 2015. Shortly after, on December 8, 2015, an agreed order called a Consent Decree was entered in the court, which was mutually agreed upon by the parties ahead of time. The Consent Decree included the cleanup plan worked on by all parties. Pursuant to the Consent Decree, Holcim has arranged for all of the cleanup activities, including paying the cost for everything. The original estimate for the amount of contaminants on the City property to be removed was 12,500 cubic yards. Once work began in August, 2016, it was found that there was approximately 15,000 cubic yards. In removing these materials, the City site of approximately one acre will be clean, with virtually no remaining contamination. The cleanup plan called for the contamination on the City property to be excavated and transported uphill to the Holcim property, where most of it will be combined with the contamination from the Holcim, then capped, which will then be monitored for many years. CKD is a fairly stable substance, which led Ecology to conclude it would be appropriate to safely store it long-term on the Holcim site and monitored. Following the excavation and removal of the contamination, clean fill dirt was brought in from off-site to bring the site very close to its prior configuration and grade. Pictures are attached showing the clean fill being brought in, which was estimated at 1,000 dump truck loads that were dumped and compacted. The City is looking into options for planting native trees on the disturbed area to approximate the surrounding area. Within a year or two, there will be little evidence of the extensive activity. One of Holcim's predecessor's in interest on the property was responsible for putting the CKD on City property, which Holcim readily admitted. Holcim has been extremely good to work with, including an agreement to cover all remediation costs for the City, which the City greatly appreciates. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: Not applicable BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: (1) Site map Myrtle Point showing the contamination on City park property; (2) map showing contamination monitoring stations; and (3) PowerPoint presentation. ,e4k-k .ftisev Ere- - P - ; 2 )4..e. :;6_ '11°j'1121° • Iloraixiso wag Peeakm teld well nufilim. 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''-• ';', 4 11...- :?( 1.• rt t\ .- •.4 v, -. ;". - • „Ike ar, l'iso Nada ;, • 21 Figure 2: Investigation Locations Imagery Date: 7/2'2013 11 T 481698.03 m E 5282437.86 m N elev 1967 ft aye alt 2682 ft Status of Myrtle Point Cleanup Cary Driskell City Attorney, City of Spokane Valley December 6, 2016 City of Spokane Valley - Office of the City Attorney i History City acquired Myrtle Point from County near Coyote Rock as park property following incorporation in 2003. Adjacent property was formerly a cement factory. Prior owner dumped a large amount of cement kiln dust (by-product of Portland cement production) on what became City property. CICD is extremely basic (at least 12.5 on the pH scale of 0-14, o being most acidic and 14 being most basic/alkaline). CICD also contains other contaminants, including cadmium, arsenic, lead. City of Spokane Valley - Office of the City Attorney Notice of problem in 2007 City notified by current owner Holcim (through Geo Engineers) there was a problem. Preliminary investigation by Spokane Regional Health District ranked the site a 1 out of 5, with 1 representing the most risk to human health, and five representing the lowest risk. Ranking due in part to the nature of the contaminants and proximity to River. City of Spokane Valley - Office of the City Attorney Holcim's approach Holcim has been very responsible and forthright through the whole process. Admitted their responsibility as the successor in interest. Holcim took the lead in determining the extent of problem, identifying appropriate solutions, and taking financial responsibility. City is very thankful for their approach in resolving this problem. City of Spokane Valley - Office of the City Attorney Overhead picture showing area 19S5 Irimgem Date'. 7M2/201 2813 L1 T 481698.83 m E 528]43].86 m LI elev 1967 ft eye alt 2682 k City of Spokane Valley - Office of the City Attorney 5 Extensive testing and monitoring City of Spokane Valley - Office of the City Attorney 6 Collaborative effort The City, Holcim, Ecology, and Neighborhood Inc. (owner of adjacent residential development) have worked collaboratively to identify the problem, study alternatives for remediation, and agreed on a cleanup action plan. Resolution of these situations requires filing suit in Superior Court. The parties worked on this ahead of time, along with an agreed order for resolution called a Consent Decree. The Complaint was filed November 12, 2015, and the Consent Decree resolving the legal issues was filed on December 8, 2015. City of Spokane Valley - Office of the City Attorney Essential parts of the cleanup plan Ecology agreed to a plan that removed the contamination from the City property and moved the CKD up the hill to the Holcim property. The cadmium, lead, and arsenic were separated out from all three sites and permanently stored at a hazardous waste disposal facility in Oregon. The City materials to be combined with those from the Holcim site and capped in place on the Holcim site, with long-term monitoring to ensure no contaminants were migrating, particularly to groundwater. City of Spokane Valley - Office of the City Attorney City site backfill City of Spokane Valley - Office of the City Attorney 9 City site backfill City of Spokane Valley - Office of the City Attorney 10 City site - backfill City of Spokane Valley - Office of the City Attorney 11 Holcim site City of Spokane Valley - Office of the City Attorney 12 Holcim site City of Spokane Valley - Office of the City Attorney 13 Final photos after abatement City of Spokane Valley - Office of the City Attorney 14 Final photos after abatement City of Spokane Valley - Office of the City Attorney 15 Excavation/backfill facts The original estimate for necessary excavation of CKD, then backfill of clean fill dirt at the City site was 12,500 cubic yards. Once excavation was completed, it was determined that the actual amount was around 15,000 cubic yards. That is roughly the equivalent of 1,000 dump trucks of removal up the hill, and 1,000 dump trucks of fill dirt down the hill, spread, and compacted. The site will be re -vegetated in the near future. City of Spokane Valley - Office of the City Attorney CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Street and Stormwater Maintenance Contract Renewal — 2017 Option Year GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Motion to authorize finalization and execution of the Street and Stormwater Maintenance Contract on 10/14/2014. Council motion to approve 2016 option year on 12/8/2015. BACKGROUND: This contract consists of asphalt repair, roadway shoulder repair and grading, gravel road grading, crack sealing, sidewalk and path repair, guardrail repair, fencing repair, drainage structure repair and installation, curb, gutter and inlet repair and installation, and other related work. City staff prepared a Request for Bids in 2014. The City received four bids and Poe Asphalt was the low bidder. The 2017 option year will be the second of four option years that may be exercised by the City. Per the contract specifications, the hourly labor rates will change based on the prevailing wage changes. Prevailing wages are required on this contract as the work is considered a "Public Work." The increases in prevailing wage range from 0.00%-4.63% ($0.00-$1.82 per hour) based on the specific classification. We estimate the increases in hourly labor rates will increase from $428,000 to $439,000 (reflecting a 2.57% increase). We are not requesting an increase in the total contract amount to cover this $11,000 increase in labor costs as we plan to adjust the work plan accordingly. Equipment and material rates stay constant for each option year exercised. Poe has provided a good level of service throughout the 2016 contract year and staff recommends exercising the 2017 option year contract. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Place this contract on the December 13th meeting as a Motion Consideration, or provide staff with further direction BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2017 Budget STAFF CONTACT: Eric P. Guth, Public Works Director ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Street Sweeping Service Contract — 2017 Option year GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Motion on 12/08/2015 to extend the Street Sweeping Services contract for 2016. BACKGROUND: In 2015, City staff prepared a Request for Bid for Street Sweeping Services. One bid was received and that was from AAA Sweeping. The proposal was reviewed by staff and found to be responsible and acceptable. This contract may be extended up to four additional one year terms if mutually agreed by both parties. This will be the second of four option years that may be exercised by the City. Upon request by the Contractor, contract specifications note that the City and Contractor may negotiate a rate increase for each option year exercised but shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI -U) or 3%, whichever is smaller. The CPI -U is 1.5% for this period. The Contractor requested the 1.5% rate increased based on the following items: • A CPI -U increase of 1.5%. • Prevailing wage rates will increase an average of 3.68% for the five worker classifications. • Health insurance rates are projected to increase 15-20%. Staff is not requesting an increase in the total contract amount to cover this increase in service costs as we plan to adjust the work plan accordingly. AAA Sweeping has provided a good level of service throughout the 2016 contract year and staff recommends exercising the 2017 option year contract with the 1.5% rate increase. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Place this contract on the December 13th meeting as a Motion Consideration, or provide staff with further direction BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2017 Budget STAFF CONTACT: Eric P. Guth, Public Works Director ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Barker Road/BNSF Grade Separation Project #0143 — Final Design Contract with David Evans & Associates GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adopted the 2016-2021 Six Year Transportation Improvement Program (TIP), which included this project. Admin Report on April 5, 2016 on use of Federal Earmark funds for final design; Info RCA on project status, November 8, 2016; Administrative Report on project status, November 15, 2016; Info RCA, November 22, 2016. BACKGROUND: Based on approval from Council, staff issued a Request for Qualifications for Engineering Design Services for the Barker Road/BNSF Grade Separation Project #0143. Two proposals were received: one from the joint team of David Evans & Associates (DEA)/HDR and one from KPFF. Staff held consultant interviews on August 31, 2016. The selection committee unanimously selected the DEA/HDR team as the most highly qualified firm for this project. The DEA/HDR team and City staff developed the attached Agreement for the design phase of the Barker Road/BNSF Grade Separation project. The initial scope of work will provide for much of the preliminary design work and coordination with the Washington State Department of Transportation (WSDOT) and the Burlington Northern Santa Fe Railroad (BNSF). This Agreement will need to be supplemented in the future with additional scope of work tasks to complete the design phase and prepare bid ready documents for construction. To date, $1,020,000 has been allocated to the project ($720,000 federal earmark funds plus $300,000 of REET funds). Council indicated willingness to increase the REET funding by another $300,000 (to $600,000 total) at its November 15, 2016 meeting. The fee associated with this scope of work is $1,274,031. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: An additional $300,000 in REET funds ($600,000 total) will need to be allocated to fully fund this consultant agreement STAFF CONTACT: Steve M. Worley, P.E. — Capital Improvement Program Manager Eric Guth, P.E. — Public Works Director ATTACHMENTS: Barker Road/BNSF Grade Separation Project No. 0143, Design Services Consultant Agreement Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 16-175 Firm/Organization Legal Name (do not use dba's): David Evans and Associates, Inc. Address 908 N, Howard St., Suite 300, Spokane, WA 99201 Federal Aid Number UBI Number 600 227 608 Federal TIN or SSN Number 93-0661195 Execution Date Completion Date 12/31/17 1099 Form Required Federal Participation ❑ Yes J No J Yes II No Project Title Barker Road/BNSF Grade Separation - Design Services Description of Work See Exhibit A for the Scope of Services. Total Amount Authorized: $1,274,031 Management Reserve Fund: $0.00 Maximum Amount Payable: • Yes J No DBE Participation ❑ Yes Q No MBE Participation ❑ Yes 0 No WBE Participation Yes HRA ❑ No SBE Participation Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit FI Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Deliver! of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub -consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase (Not Applicable) Alleged Consultant Designs Error Procedures Consultant Claim Procedures Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Pr:A/kind d/if1/7fl1! THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT," WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. 11. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. 111. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A," The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 RA vis d 4/1Q/7Q1.r, Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commence ent of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firer they roust comply with the Conunercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is reconunended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT, The CONSULTANT, on a monthly basis, is required to submit .DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT •are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (1) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Chris Bainbridge, Agency: City of Spokane Valley Address: 11707 East Sprague Avenue, Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: ebainbridge@spokanevalley.org Phone: (509) 720-5102 Facsimile: (509) 921-1008 If to CONSULTANT: Name: Greg Holder, P.E. Agency: David Evans and Associates, Inc. Address: 908 N. Howard St., Suite 300 City: Spokane State: WA Zip: 99201 Email: ligh@deainc.com deainc.com Phone: (509) 232-8718 Facsimile: (509) 327-7345 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extendthe established completion time. Agreement Number: 16-175 Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreernent Page 3 of 14 RPvicpri d/11?/2n1R V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for ail labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www..ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fuIfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in. the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONS'ULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Cocle of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized Iisting of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page e 4 of 14 Ravicarl n/9n15 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported. in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination ofAgreernent." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section MIL "Changes of Work," 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Sectio.n XIII, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit 'billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and. allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, neaps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 PpviC pre 4/1 n/9n 15 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and. accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discrirninate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall cavy out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required. of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 PAVl -I d/Tn/7()lfi Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the par of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part -tine basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the subcontractors and successors in interest, agrees to • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) CONSULTANT, for itself, its assignees, sub -consultants, comply with the following laws and regulations: • Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCM/. 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment macre to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall inunediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 P vlcar!4/9n/9nlF date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firrn to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terns of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY: Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding toenforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Ravi.cari 4/7f1/2f115 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees., sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, thedefense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents., employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 RPvicari 4/7nt2n1.ri Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Forni CG 00 0I 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" ('Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Chris Bainbridge Agency: City of Spokane Valley Address: 11707 East Sprague Avenue, Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org spokanevalley.org Phone: (509) 720-5102 Facsimile: (509) 921-1008 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: 16-175 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Rnvi.Pri 4/1 0/261.F The parties enter into this A.GREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terns and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause, However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000,00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000,00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section IlI "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Rpvicpri d/1()/2()1 5 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be Liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms Hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Inunediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 12 of 14 RP_i'i , i 4/9n/2n15 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold. harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and. description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT 's, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: 16-175 Local Agency A& Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Ppvicprl 4/1n/9n1F tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that sloes not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located. on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day andyear shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation o/ this AGREEMENT shall require appmval as to. form by the Office of the Attorney General. Agreement Number: 16-175 Local Agency A&E Professional Services Cost Phys Fixed Fee Consultant Agreement Page 14 of 14 Ravicarl 4/1nom n Exhibit A Valle --- Y City of Spokane Valley, WA Barker Road/E NSF Grade Separation Project No. 0143 Phase I . Design Services Scope of Services Prepared by: David Evans and Associates, Inc. 908 North Howard Street, Suite 300 Spokane, WA 99201 Q In association with HDR Engineering, Inc. iv)) November 23, 2016 Table of Contents PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1 A. Project Description I 13. Project Coordination 1 C. Design Criteria I D. Project Deliverables and Schedule 2 E. Information, Responsibilities, and Services Provided by the CLIENT.. 3 F. General Project Assumptions 3 G. Change Management 4 TASK 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL 4 1.1 Project Management 4 1.2 ProjectWise and Project Setup 4 1.3 Subconsultant Agreements and Coordination 4 1.4 Prepare Project Notebooks 4 1.5 Project Quality Management Plan 4 1.6 Develop Project CPD Schedule and Updates 5 1.7 Monthly Progress Reports and Invoices 5 1,8 Project Team Meetings and Council Meeting Presentations 5 1.9 Quality Control/Quality Assurance Review 6 TASK 2.0 CAPACITY JUSTIFICATION REPORT 7 2.1 Capacity Justification Report 7 TASK 3.0 CORRIDOR INVENTORY/DATA 'COLLECTION............................................................................. ........ .........a,,,. 7 3.1 Obtain As-Hliilts and Contract Plan Documents .. 7 3,2 Assemble Applicable Design Standards and Policies 7 3.3 Update/Verify Environmental and Land Use Constraints 7 3.4 Verify Existing Corridor Utilities and Develop Utility Conflict Matrix (by CLIENT) 7 3.5 Site Visits to Obtain Additional Information as Needed 10 TASK 4.0 GEOTECEINICAL ENGINEERING 10 TASK 5.0 CONFIRM PLANNING FRAMEWORK FOR THE PROJECT (CLIENT AND WSDOT) 14 TASK 6.0 TRAFFIC MODELING AND ANALYSIS 14 6.1 Traffic Volumes Data Collection 14 6,2 Develop Project. Methods and Assumptions Document 15 6.3 Travel Demand Forecasting in AM and PM Peak Hours 15 6.4 Operational Assessment of Study Intersections and Study Corridors in AM and PM Peak Hours (including weaving, LOS, and queuing) ............................ ........ ............ ...... ............... ........... ............. ........ ........... .....o.... ...,.......,15 6.5 Collision History Evaluation Evaluate Safety History of the Intersections and Roadways 16 6.6 Intersection Control Analysis for Project Intersections 16 6.7 Draft Traffic Operational Analysis Report 16 6.8 Final Traffic Operational Analysis Report 15 TASK 7.0 PUBLIC INVOLVEMENT PROGRAM 15 7.1 Public Open House 15 7.2 Property Owner Contact Meetings 16 TASK 8.0 NEPA DOCUMENTATION 16 8.1 Environmental Studies 16 8,2 Environmental Technical Memoranda 19 8,3 NEPA Categorical Exclusion Documentation (CED) Form 20 TASK 9.0 SURVEYING 20 9.1 Develop Control Network 20 City of Spokane Valley Page i Scope of Services Barker Road/I3NSF Grade Separation November 23, 2016 9.2 Aerial LiDAR Processing 21 9.3 Perform Boundary/Right-of-Way Surveying 23 9.4 Prepare Final Base Mapping Products 23 TASK 10.0 ALTERNATIVES ANALYSIS • INTERCHANGE AND BRIDGE CONFIGURATION 24 10.1 Develop Alternative Alignments - Interchange and Bridge Alternatives 24 10,2 Evaluate Alternatives Traffic Impacts 24 10.3 Develop Alternative Costs 24 10,4 Develop an Alternatives Evaluation Matrix 25 105 Develop Alternatives Evaluation Report 25 TASK 11.0 BNSF COORDINATION AND SUBMITTALS 25 11,1 Prepare Temporary Occupancy Application & Safety Plan 25 11.2 BNSF Design Phase A Package (Concept Railroad Submittal) 26 11,3 BNSF Design Phase 13 Package (30% Railroad Submittal) 26 TASK 12.0 PRELIMINARY STRUCTURES AND DESIGN APPROVAL 27 12,1 Refine BTV 30% Design Typical Sections (Deleted) 27 12.2 Refine BTV 30% Design SR 290 and Interchange Ramp Plans (Deleted) 27 12.3 Refine BTV 30% Design Local Roadway Plans (Deleted) 27 12.4 Refine 1311' 30% Design Utility Plans (Deleted) 27 12.5 Refine BTV 30°%o Design Pavement Channelization Plans (Deleted) 27 12.6 Prepare Bridge and IVaII Strictures Type Alternatives Analysis 27 12.7 Prepare Bridge Preliminary Plan (6 bridge shots) 28 12.8 Prepare Cost Estimates for Refined BTV 30% Design (Deleted) 28 12.9 Submit Refined BTV 30% Design Package (Deleted) 28 12,10 Refined BTV 30% Design Review Meeting (Deleted) 28 12.11 Prcparc Basis of Design Memorandum 28 12.12 Design Approval Memorandum 29 TASK 13.0 INTERMEDIATE DESIGN DOCUMENTS 29 13,1 Develop Index/Vicinity Map (2 sheets) 29 13.2 Develop Roadway Typical Sections (8 sheets for 15 Typical Sections) 29 13.3 Develop Pavement and Facility Removal/Demolition Plans (Future Supplemental Agreement) 30 13.4 Interchange Plans for Approval (3 sheets) 30 13,5 Develop Roadway Paving Plan and Profile Sheets (62 sheets) 30 13,6 Develop Drainage Plans for SR 290 and Local Roadways (6 sheets) 31 13.7 Hydraulic Report 31 13,8 Develop Channelizalion, Pavement Marking, Signing, and Sign Structure Plans (22 sheets) 31 13.9 intersection Control Plans (9 sheets) 32 13,10 Develop Maintenance of Traffic (MOT) Plans (15 sheets) 32 13.11 Develop Illumination Design and Plans (Future Supplemental Agreement) 33 13.12 Develop Preliminary Utility Plans (Future Supplemental Agreement) 33 13.13 Develop Bridge Sheers (51 sheets) 33 13.14 Develop Detail Sheets (Future Supplemental Agreement) 34 13.15 Prepare Itemized Quantity Takeoff and Cost Estimate 34 13.16 Compile and Submit Intermediate Design Package 34 13.17 Intermediate Design Review Meeting 35 TASK 14.0 RIGHT-OF-WAY AND LIMITED ACCESS ACQUISITION DOCUMENTS (FUTURE SUPPLEMENTAL AGREEMENT) 35 TASK 15.0 APPRAISE AND ACQUIRE RIGHT•OF•WAY AND LIMITED ACCESS (FUTURE SUPPLEMENTAL AGREEMENT) 35 TASK 16.0 TEMPORARY PROJECT CLOSEOUT 35 TASK 17.0 FINAL DESIGN (FUTURE SUPPLEMENTAL AGREEMENT) 35 TASK 18.0 PS&E PREPARATION AND SUBMITTAL (FUTURE SUPPLEMENTAL AGREEMENT) 35 City of Spokane Valley Page ii Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES A. Project Description The objective of this project is to develop a grade separated facility at the intersection of Barker Road and the BNSF Railway railroad tracks, and an interchange at the intersection of Barker Road and SR 290 (E Trent Avenue). Other major works associated with this project include, realignment of East Wellesley Avenue, removal of the two existing Wellesley Avenue bridges over BNSF Railway tracks and SR 290, and closing the Flora/BNSF Railway at -grade intersection in the City of Spokane Valley, Washington. The design development will expand on the Concept Design and 30% BTV Plans prepared as part of the Bridging the Valley project completed in 2004. The project goals include: • Position the project to obtain future grant funding for right-of-way acquisition and construction. • Remove the existing at -grade railroad crossings at Barker Road and Flora Road • Provide a grade separated interchange at the Barker Road/SR 290 intersection • Provide improved access to the industrial/commercial properties to the south and the residential properties to the north of SR 290 and the BNSF Railway corridor. • Improve safety within the project limits • Limit right-of-way acquisition • Improve mobility on SR 290 • Identify and implement Practical Design Solutions on the already proposed 30% BTV Design Plans • Achieve public support and endorsement B. Project Coordination This scope of work uses the following references for project team members: • CLIENT or the City = City of Spokane Valley - Project Sponsor and owner of facilities within City of Spokane Valley rights-of-way, • BNSF BNSF Railway (Major Project Stakeholder) • WSDOT = Washington State Department of Transportation - Project coordination with review authority, and owner of facilities within State rights-of-way (Major Project Stakeholder). • CONSULTANT or DEA = David Evans and Associates, Inc. (Prime Consultant on the project) • HDR HDR Engineering, Inc. Engineering (Major Transportation subconsultant to DEA) • CONSULTANT Team = DEA and HDR • GE = GeoEngineers Inc. (Geotechnical Engineering subconsultant to DEA) • HRA = Historical Research Associates, Inc. (Cultural Resources subconsultant to DEA) • GeoTerra = Aerial Photogrammetric Survey provider C. Design Criteria As part of the design effort on this project, design criteria will be developed and approved by the CLIENT, WSDOT, and BNSF Railway. When developing design criteria, the City's standards will govern within City's rights-of-way, WSDOT standards will govern within State rights-of-way, and BNSF's requirements will additionally be met for portions of the project within it's rights-of-way. Additionally, the following publications, :standards and guidelines will be used: • WSDOT's Local Agency Guidelines (LAG) Manual, April 2016 City of Spokane Valley Page I Scope of Services Barker RoadfBNSF Grade Separation November 23, 2016 • AASHTO's "A Policy on Geometric Design of Highways and Streets" 2011 • AASHTO Roadside Design Guide 2011 • AASHTO LRFD Bridge Design Specifications, 7th Edition 2014 with current Interims • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Edition, 2011. • Manual of Uniform Traffic Control Devices (MUTCD), 2009, with Revisions 1 and 2, May 2012 • WSDOT Design Manual, July 2016. • WSDOT Highway Runoff Manual, 2014 a WSDOT Hydraulic Manual, January 2015 • WSDOT Bridge Design Manual LRFD, June 2016. • WSDOT Geotechnical Design Manual, May, 2015. • WSDOT Temporary Erosion and Sediment Control Manual, April 2014 • Spokane Regional Stornnvater Manual, April 2008 • Hydraulic Engineering Circular No. 22, Third Edition, September 2009 • WSDOT Standard Plans. • WSDOT Standard Specifications. • Union Pacific Railroad — BNSF Railway Guidelines for Railroad Grade Separation Projects, May, 2016 D. Project Deliverables and Schedule Task 2016 - 2017 Project management and Quality Control December, 2016 — December, 2017 CLIENT and WSDOT Coordination December, 2016 - December, 2017 Corridor Inventory and Data Collection December 2016 — January, 2017 Design Surveying December 2016 - January, 2017 Geotechnical Borings December 2016 - January, 2017 BNSF ROE, Design. Exception Meeting December 2016 - January, 2017 Confirm Planning Framework December 2016 - January, 2017 Traffic Modeling and Analysis December, 2016 to March, 2017 Public Involvement Tasks January, .2017 to October, 2017 NEPA Documentation December, 2016 to September, 2017 Interchange and Bridge Alternatives Analysis December, 2016 to March, 2017 BNSF Design Phase A Review March, 2017 Basis of Design Memorandum March, 2017 WSDOT Preliminary Bridge Plans Approval May, 2017 Design Approval Memorandum June, 2017 Channelization Plans for WSDOT Approval September, 2017 BNSF Design Phase B Review October, 2017 Intermediate Plans and Estimate Complete October, 2017 Final BNSF Design Phase B Review November, 2017 City of Spokane Valley Page 2 Barker Road/BNSF Grade Separation Scope of Services November 23, 2016 E. Information, Responsibilities, and Services Provided by the CLIENT The following existing information will be provided by the CLIENT and WSDOT. This is not intended to be an exhaustive list and additional data to be provided by the CLIENT and WSDOT are included throughout the scope of work: • Roadway and utility as -built drawings for adjacent or related projects as are currently available. • Utility meeting minutes from utility coordination meetings • Geotechnical data, boring logs, and as -built drawings showing geotechnical information as are currently available. • Conceptual pavement structural section recommendations based on other area projects (for cost estimating purposes). • Conceptual storm water infiltration rate recommendations based on other area projects (for conceptual storm water management design) • Any available recent ADT data at the locations as identified in the scope will be provided by the CLIENT and appropriately supplemented by counts to meet the requirements set forth in this scope. • Crash data as identified in the scope • Existing right-of-way or plat maps for the project area • Existing right -of --way plans for the project area • Existing aerial photographs F. General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: • LAG Manual Guidelines will be consulted to determine whether WSDOT specifications will govern different aspects of the design or if the City's supplemental specifications and/or special provisions are appropriate. Where possible, the City's requirements will govern. • WSDOT bid items will be used for all items on the project. • WSDOT will review and approve project elements that could impact SR -290. • MicroStation© Version 8i, SELECTSeries 3 will be utilized on the project. • WSDOT workspace will be utilized but plan sheets will bear the CLIENT's Title Block • InRoads© Version 8i, SELECTSeries 2 will be utilized as the project's design platform. • Bentley StormCAD, FlowMaster, CivilStortn, and/or other hydrologic and hydraulic software will be utilized for drainage design AG132 software will be used for illumination design • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • MS Project will be utilized for scheduling. • MS Power Point will be utilized for presentations. • Synchro version 9 will be used for stop -controlled and signalized intersection operational analysis as well as signal timing optimization. Sidra version 5.x will he used for alterative intersection control operational analysis (if needed). Highway Capacity Software version HCS20 10 will be used for the operational analysis of merge and diverge locations. VISSIM software will be used for micro- simulation analysis. VISUM will be used for travel demand forecasting as provided by SRTC. • AutoTurn for MicroStation© Version Si will be utilized to evaluate vehicle turning movements. City of Spokane Valley Page 3 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • ES.RIArcGIS products will be used for the processing and presentation of geospatial information.. • Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, CONSULTANT Team makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT Team's opinions, analyses, projections or estimates. G. Change Management 'Phis is a cost plus fixed fee contract with a not to exceed maximum. If the scope of work increases or decreases as it relates to the following scope of work, then an adjustment to the associated fees and delivery schedule will be implemented once the CLIENT and the CONSULTANT mutually agree on the terms of the change and an agreement to formalize the terms is executed. Task 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL 1.1 Project Management Project management will be on-going during the course of the project. The project manager will maintain communication with the CLIENT, WSDOT, and BNSF and will monitor the project's scope, schedule, and budget, will coordinate and communicate with the project's subconsultants, and other similar project management tasks. ASSUMPTION • For purposes of this scope it is assumed that project management will require 20 hours per month. L2 ProjectWise and Project Setup DEA and HDR will set up project files. This will include setting up budget tracking spreadsheets, plan storage areas, preparing the project's financial files, and the project's electronic and hard copy technical filing system. This will also include setting up ProjectWise for the ease of data storage and transfer between all team members: CONSULTANT, CLIENT, WSDOT, BNSF, etc. and preparing file storage and access instructions/protocols. ASSUMPTION • DEA will house the project files on its ProjeetWise Server and provide access to the other consultants, CLIENT, WSDOT, and others, as appropriate. 1,3 Subconsultant Agreements and Coordination DEA will prepare subconsultant agreements for HDR, GE, I -IRA, and GeoTerra. This will include developing the draft of the subconsultant agreement, having management from each firm review the agreement, then issuing and executing the final agreements. 1,4 Prepare Project Notebooks DEA will prepare project notebooks for team members (CLIENT, WSDOT, subconsultants, DEA) that include project contact information, the project's work breakdown structure (WBS) codes for invoicing, the electronic filing structure on DEA's ProjectWisc server, the negotiated scope of work and labor spreadsheet, the project's Critical Path Diagram (CPD) schedule, the project's Quality Management Plan, and other pertinent data. The notebook will be updated periodically as approvals are granted and pertinent data becomes available. 1.5 Project Quality Management Plan DEA will prepare a Project Specific Quality Management Plan. The Plan will identify the Quality Management Team, procedures that will be used for quality assurance and quality control, the schedule of City of Spokane Valley Page 4 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 quality management tasks, and quality control protocol that will be followed. The plan will be submitted to the CLIENT and WSDOT for review and approval. 1,6 Develop Project CPD Schedule and Updates DEA will prepare a schedule in Microsoft Project. The project team will use the schedule, which will be updated monthly with actual milestone achievements, to check the budget, staffing levels, and where the deliverable schedule might be affected, These tools will be used to adjust staff assignments so that schedule and fee commitments are met, Project team meetings will enforce the schedule and hold team members accountable for progress on their components of the project. Schedule updates will be submitted monthly to the CLIENT as part of the invoice package. DELIVERABLES • Project Schedule • Monthly Project Schedule updates • Quality Management Plan • Project Notebooks • Access to ProjectWise 1,7 Monthly Progress Reports and Invoices The CONSULTANT Team will provide monthly progress reports and invoices in accordance with the CLIENT':s standard procedures. DEA will coordinate the first invoice so that the format is acceptable to the CLIENT. Each progress report and invoice package will include the CONSULTANT Team's invoice showing all labor and direct expenses included for the period, the monthly progress report, and full documentation of labor hours and direct expenses charged for the period for DEA and each subconsultant. A total of 11 progress report and invoice packages (December 2016 to November 2017) will be submitted as part of this initial contract. ASSUMPTIONS • The invoice format for this project will be one that is acceptable to the CLIENT. • Progress Report and Invoice packages will be prepared monthly for 11 months. DELIVERABLES • Monthly Progress Report and Invoice Packages • Monthly Project Schedule update 1,$ Project Team Meetings and Council Meeting Presentations Regular meetings will be scheduled to monitor the progress of the project, to coordinate with team members, and to maintain accountability between all members of the team including the CONSULTANT, subconsultants, the CLIENT, and WSDOT. 1.8.1 City Council Meetings The DEA project manager will attend up to three (3) City Council Meetings as part of this project at appropriate milestones to report progress to the Council and to support CLIENT staff representatives. These milestones will likely be after the project team completes the Bridge and Interchange Alternatives Analysis and when the Design Approval Memorandum is approved by the CLIENT and WSDOT. One other meeting with the City Council will be attended by DEA at the discretion of CLIENT staff. Preparation for the City Council Meeting will include developing graphics and/or a Power Point presentation — using the presentation mechanism that best fits the Council's needs, ASSUMPTIONS • For budgetary purposes, up to three (3) graphics will be prepared. • For budgetary purposes, up to two (2) PowerPoint presentations will prepared. DELIVERABLES • Graphics City of Spokane Valley Page 5 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • PowerPoint Presentation 1.8.2 Project Design Team Meetings The Project Design Team is made up of representatives from the CLIENT, WSDOT, BNSF (when available to participate) and the CONSULTANT Team. The meetings will be face to face and will occur once a month in DEA's offices. Key team members that need to participate but that cannot travel to the meetings will be included by conference call. 1t is anticipated that there will be 11 Project Design Team meetings lasting about two (2) hours each not including travel. Four (4) DEA staff members (Project Manager, Interchange/Roadway Lead, Bridge Lead, and Traffic Engineer) on average will be in attendance. Three (3) staff members from HDR (Transportation Lead, Bridge or BNSF Lead, and Roadway Lead) will also participate in the meetings. Only staff needed at each team meeting will be invited and the list of invitees will be modified each month. Items covered at the meetings will include: • Environmental Documentation discussion and review • Planning Framework (Methods and Assumptions Document) • Basis of Design review and confirmation • BNSF Coordination and Processing • Bridge and Interchange. Alternatives Development and review • Practical Design opportunities and discussion • Technical Reports and Memoranda discussion and review • Quality Control/Quality Assurance Review • Intermediate Design progress and schedule • Change Management DELIVERABLES • Meeting Agenda and Meeting Minutes 1.9 Quality Control/Quality Assurance Review Quality Control reviews will be conducted by the Quality Control Team prior to submittal of major deliverables. Unique task specific QA/QC tasks are additionally included under specific tasks to which they apply. QA/QC tasks include the following: • Draft and Final survey mapping products • Draft and Final Technical Reports • Draft and Final Traffic Operational Analysis • Bridge and Interchange Alternatives Analysis and Recommendations • Draft and Final Environmental Documents • Draft and Final Alternatives Evaluation Report • Draft and Final Public Involvement Materials • Draft and Final Basis of Design Memorandum • Draft and Final Design Approval Memorandum • Draft and Final Hydraulic Design Report • Intermediate Design documents City of Spokane Valley Page 6 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Task 2.0 CAPACITY JUSTIFICATION REPORT 2,1 Capacity Justification Report The CONSULTANT will provide data and supporting information to the CLIENT for the preparation of the Capacity Justification Report as required by SRTC's Congestion Management Process. It is assumed that the CLIENT will prepare and submit this report. Task 3.0 CORRIDOR INVENTORY / DATA COLLECTION The CONSULTANT will collect existing project information and obtain new information needed to proceed with the design documents. Sources of information may include contract plans, as-builts, surveys, field visits to collect information, State and City files and databases, design and policy manuals, transportation plans, previous corridor studies, discussions with City, State and local technical experts, and. other sources of information as needed. 3,1 Obtain As-Builts and Contract Pian Documents DEA. will request fimn the CLIENT, WSDOT, and BNSF any as -built construction documents and contract plans for improvements located in the project vicinity. This would include as -built drawings and right-of-way plans for SR 290, Barker Road, N. Flora Road, E Wellesley Avenue, and N. Vista Grande Dr. This would also include as-builts for the Wellesley Avenue bridges at BNSF the SR 290 crossings, and the BNSF Railway tracks. Any existing area boring logs, roadway structural sections or area. infiltration rates that were developed for other area projects will also be provided to the CONSULTANT Team for use as reference. Ass UM PTI ON • The CLIENT will provide the Design/CAD files of the realignment of Wellesley Avenue that has already been agreed to for a land exchange between Raymond Villanueva and Avista Corporation (approximately 2.1 to 2.2 acres). 3.2 Assemble Applicable Design Standards and Policies DEA will prepare a WSDOT Basis of Design Form which will include General Project Information, Project Needs, Context, Design Controls, Interchange and Bridge Alternatives Analysis Summary. This Basis of Design will form the foundation from which the Intermediate Design Plans will be developed. An initial draft of the basis of design will be prepared early in the process and circulated to WSDOT and the CLIENT for review. Comments from the review will be updated in the document and changes to the document throughout the development process will be tracked and also communicated to the design team. This form will be finalized and included in the Design Report. 3.3 UpdateNerify Environmental and Land Use Constraints Utilizing files and information received under prior tasks and from the original 30% BTV Design effort, environmental and land use constraints will be evaluated and verified for applicability to the project. Land use constraints will be identified and will be placed in a base map for referencing into the design documents, plans, and exhibits. 3,4 Verify Existing Corridor Utilities and Develop Utility Conflict Matrix (by CLIENT) The purpose of this task is to build on the utility contacts that occurred with the 30©% BTV Design effort, to notify the utility companies of the proposed project, to identify existing or planned 'major utility lines that may affect design elements, and to develop a protocol of how to best coordinate with the utility companies. Utility transmission, distribution, and service lines will be depicted on project mapping. THE CLIENT will contact utility companies early in the project so that existing and proposed utility facilities are considered throughout the design process. Utility companies will be identified and a search City of Spokane Valley Page 7 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 will be made by contacting WSDOT and known wet and dry utility providers to identify lesser known utilities (small private water, sewer, irrigation or electric utilities for instance). Each company will be contacted and copies of their existing corridor facilities will be requested. THE CLIENT will also develop a utility conflict matrix that will be used in identifying utility constraints for the alternatives considered. The matrix will include the utility company, contact information,type of utility and location, likelihood of a conflict, any compensable property rights anexisting Utility may possess, and a preliminary determination of relocation reimbursement with associated costs. Meetings with each utility purveyor will be held to discuss the project and potential relocations, as outlined in the sub -tasks below: 3.4.1 Highland Estates / Spokane County Wastewater Treatment Plant (WWTP) THE CLIENT will coordinate with Spokane County and Highland Estates regarding the wastewater treatment plant (WWTP) that has been taken out of operation. ASSUMPTIONS • The WWTP is not in operation • The WWTP has been abandoned in-place • THE CLIENT will meet with Highland Estates representative to determine the current status of the sewer discharge to the WWTP. One meeting will include research into the current system and another meeting to discuss a proposed relocation or change to the system's functionality. • THE CLIENT will meet with Spokane County to determine the current status of the WWTP. One meeting will include research into the current system and another meeting to discuss a proposed relocation or change to the system's functionality. • The initial meeting with Highland Estates and Spokane County will be held individually to listen to and determine the individual goals of each stakeholder. • The second meeting to discuss the proposed relocation or change in operation may combine both stakeholders. • This agreement will not include design of connections or facilities to address this utility. DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from County or Highland Estates. 3.4.2 Pioneer Water Company THE CLIENT will meet with Pioneer Water Company to determine the current status of the wells and as - built information. ASSUMPTIONS • The wells are still in operation and will not be impacted clue to the project. • THE CLIENT will meet with Pioneer Water Company to determine the current status of the well and main line(s) leaving the wells. DELIVERABLES • Meeting Minutes from the meeting • Copies of information and documents received from Pioneer. 3.4.3 Consolidated irrigation District Based on the 30% BTV design report from December 3I, 2004, there are water lines that will require relocation. THE CLIENT will meet with Consolidated Irrigation District to determine the current status of their water lines within the project area. ASSUMPTIONS • The water line on the east side of Barker will be relocated outside of the proposed construction limits • The relocated line will require a ;plan and profile sheet(s) that will be developed under a future Supplemental Agreement. City of Spokane Valley Page 8 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Water pressure calculations will :not be required. • Consolidated Irrigation District will provide required specifications for any proposed improvements. • The water line near relocated Wellesley Avenue will be protected in place. • THE CLIENT will meet with Consolidated Irrigation District representative to determine the current status of their facilities. One meeting will include research into the current system and another meeting to discuss a proposed relocation or change to the system functionality. DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Consolidated Irrigation District. 3.4.4 Telecommunications Based on the 30% BTV design report from December 31, 2004, there are significant telecommunication lines that will require relocation. On the north side of SR 290, fiber optic lines extend cast -west from a vault at the NE corner of the SR. 290/Barker intersection. There is also an existing fiber optic line south of the BNSF tracks that niay require relocation (depending on the final bridge configuration). The report did not mention the number of companies present. ASSUMPTIONS • Two telecommunication utility companies are present in the area • There are fiber optic lines that will require relocation • THE CLIENT will meet with the utility companies' representative to determine the current status of their facilities. One meeting will include research into the current system and another two (2) meetings to discuss a proposed. relocation or change to the system's finetionality (relocation and conduit needs on the bridge). DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from utility companies. 3.4.5 Avista Utilities (Power and Natural Gas) Based on the 30% BTV design report from December 31, 2004, there are power and natural gas transmission and distribution lines within the project area. Power transmission lines cross over Trent about 500 feet west of Barker Road. Since 2004, the poles appear to have been replaced. There is a single pole on the north side of SR 290 above a rock cut that is presently near the proposed westbound on-ramp for the 30% BTV design interchange. According to information from Avista, the existing clearance over Trent is 36 feet and the minimum is 34 feet. The proposed ramp and profile may reduce this clearance. Also, the structural stability of the pole and its foundation may be impacted by the proposed ramp. Power distribution lines are on the east side of Barker Road overhead. Based on the 30% BTVdesign, several poles were anticipated to require relocation outside Ole road construction limits. Also vertical clearances will need to be verified for the eastbound on-ramp and westbound off -ramp. Natural gas transmission main (12 -inch) is on an east -west alignment and may need to be relocated. Natural gas distribution main lines are adjacent to Consolidated's water mains. The mains are on the east side of Barker Road and on the south side of the BNSF tracks, east of Barker Road. On the Barker Road main, it is anticipated to be relocated to the east, outside the toe of the new fill slopes. The east -west main is anticipated to be protected in place. THE CLIENT will meet with Avista utilities to determine the current status of its services within the project area. ASSUMPTIONS • THE CLIENT will meet with the Avista representative to determine the current status of its facilities. City of Spokane Valley Page 9 Scope of Services Barker RoadJBNSF Grade Separation November 23, 2016 One meeting will include research into the current system and another two (2) meetings to discuss a proposed relocation or change to the system's functionality (Transmission line clearance, distribution clearances (two ramps), and gas line relocation). DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Avista. 34.6 Yellowstone Pipeline Company Based on the 30% BTV design report from December 31, 2004, there is a 10 -inch petroleum pipe line along the south side of the tracks, Depending on the final bridge configuration, the pipeline may be impacted. THE CLIENT will meet with Yellowstone Pipeline Company to determine the current status of its services within the project area. ASSUMPTIONS • THE CLIENT will Meet with the Yellowstone Pipeline representative to determine the current status of their facilities. One meeting will include research into the current system and another one (1) meeting to discuss a proposed relocation or change to the system's functionality. DELIVERABLES • Meeting Minutes from each meeting • Copies of information and documents received from Yellowstone Pipeline Company. 3,5 Site Visits to Obtain Additional Information as Needed Technical staff from the CONSULTANT team will perform site visits to obtain additional project information. This may include confirming or reviewing existing surface features, topographical, utility, boundary, environmental and other constraints. It is estimated that a total of two (2) site visits will be required by DEA and two (2) site visits will be required by HDR. It is assumed that two (2) staff will participate in each site visit. DELIVERABLES • None Task 4.0 GEOTECHNICAL ENGINEERING GeoEngineers (GE) is DEA's Geotechnical Subcoiisultant for this project. We have the scope of work for the Geotechnical Engineering Evaluation to be conducted for this project below. The scope of work for DEA and HDR as related to the geotechnical work is as follows: • Coordination with GeoEngineers in developing the work plan - DEA • Coordinating environmental and cultural clearances to initiate the work - DEA • Coordinating with WSDOT to obtain a General Permit to work within the SR 290 right-of-way - DEA • Coordinating with the CLIENT to obtain street obstruction permits - DEA • Quality Control Review of both the Draft and Final Geotechnical Report prior to submittal to the CLIENT — DEA and HDR. ASSUMPTIONS • SR 290 Bridge Work plan coordination will be accomplished by HDR • DEA and HDR will review the Draft and Final Geotechnical Reports • Coordinating with BNSF to obtain a Temporary Occupancy Permit is covered under other tasks (HDR) • Traffic signal and illumination pole foundation evaluation is not included in the current geoteclmical scope of work and will be included in a subsequent agreement if necessary. City of Spokane Valley Page 10 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Sign structure foundation evaluation is not included in the current geotechnical scope of work and will be included in a subsequent agreement if necessary. GEOENGINEER'S WORK TASKS: The City plans to improve traffic flow and safety at the Barker Road/SR 290 intersection by constructing an overpass for Barker Road over the BNSF Railway (BNSF) railroad corridor and SR 290. Access to SR 290 will be via a diamond interchange layout. The Wellesley Avenue "flyover" located east of the interchange will be removed, and Wellesley Avenue will be re -aligned to connect to Barker Road about 500 feet south of the interchange and north to Vista Grande Drive. The proposed BNSF overpass bridge will consist of an approximately 271 -foot -long, 3 -span bridge. The proposed SR 290 overpass bridge will consist of an approximately 141 -foot -long, single span bridge. Retaining walls will help support proposed SR 290 access ramps at the following locations: between the BNSF tracks and the SR 290 eastbound (EB) ramps; between SR 290 and the SR 290 EB access ramps; and between SR 290 and the westbound (WB) access ramps. The retaining walls likely will consist of a combination of concrete cast -in-place and mechanically stabilized earth walls. The north side of the SR 290 WB access ramps are planned to consist of acombination of fill slopes within the eastern approximate two-thirds of the ramp footprint and a rock cut slope within the western approximate one third of the ramp footprint. Additional improvements will include stormwater management facilities along Barker Road and the proposed Wellesley Avenue alignment. We anticipate proposed Barker Road and SR 290 access ramp embankments will be less than about 30 feet in height. METHODOLOGY Previous explorations, including borings and subcontracted geophysical testing were completed by Budinger & Associates, Inc. in 2003 for preliminary feasibility and conceptual design purposes. In order to meet WSDOT and American Railway Engineering and Maintenance -of -Way Association (AREMA) guidelines for subsurface exploration programs for projects of this scope, GE proposes to supplement the existing subsurface data with additional explorations. GE's research of the existing data and experience in the project vicinity indicates natural soil conditions underlying most of the site could include outburst flood gravel deposits. The outburst flood gravels deposited in the site vicinity also typically contain varying amounts of cobbles and boulders. However, the previous geophysical data also indicates a possible softer zone located about 40 feet below site grade in the project vicinity. For this reason, we propose completing deeper borings to support bridge foundation design by air -rotary drilling methods to reduce the chance of drilling refusal caused by cobbles or boulders and to evaluate the softer soil zone possibly located beneath the bridge foundations. GE proposes completing the remaining shallower soil borings at the currently proposed retaining wall and stormwater pond locations using hollow -stem auger drilling methods. A portion of the site near the proposed WB on-ramp is underlain by gneiss rock. Grade lowering (cutting) for the proposed WB SR 290 on-ramp likely will require excavation of the gneiss. We propose to evaluate the surface condition of the rock through geologic mapping. GE will supplement the geologic mapping and evaluate rock strength by completing a series of wireline rock cores. The results of the geologic mapping and rock cores will be used to evaluate the level of effort required by the contractor to excavate rock in this vicinity. Additional shallow explorations along proposed roadways .will be completed by ba.ckhoe test pits. To the extent possible, GE will restore the site around each exploration to its pre -exploration condition. GEOENGINEER'S SCOPE OF SERVICES The purpose of the geotechnical engineering services is to provide recommendations for site preparation and earthwork, and foundation design and construction based on site exploration, laboratory testing and engineering analyses. Specific scope of services will include: • Contacting the one -call utility notification system and assisting in coordinating with BNSF, WSDOT and private land owners during siting of the explorations relative to underground utilities. City of Spokane 'Valley Page 11 Scope of Services Barker RoadJBNSF Grade Separation November 23, 2016 • Supporting DEA in obtaining street obstruction permits for explorations within public right-of-way. • Completing a geologic reconnaissance of the site, including evaluating and mapping the existing rock cut along the north side of SR 290, west of the proposed interchange. • Exploring soil, rock and groundwater conditions underlying the proposed Barker Overpass site by drilling 13 borings, and excavating 10 test pits using a backhoe. Specifically, explorations will be distributed across the site as follows: o Four air -rotary borings at proposed bridge bent and abutment locations, drilled to depths in the range of about 50 to 70 feet below existing site grade. If rock is encountered a depth of less than about 50 feet below existing site grade, GE will obtain up to 10 feet of rock core. If rock is encountered below about 50 feet, GE will advance the air -rotary borings about 5 feet into apparent rock, o Six hollow -stein borings at proposed retaining wall and stormwater management facility locations drilled to depths in the range of about 25 to 30 feet, or practical auger refusal, whichever occurs first. o Three rock core borings in the vicinity of the \VB SR 290 on-ramp, cored to depths in the range of about 20 to 40 feet below existing site grade (depending on grading plans relative to existing site grades). For estimating purposes, a total of 90 lineal feet of coring are assumed. o Ten test pits excavated to depths in the range of about 8 to 12 feet below existing site grade at the locations along proposed alignments and fill slopes associated with the overpass, SR 290 and Wellesley Avenue realignment. Each boring and test pit will be monitored by an experienced engineer or geologist from GE. Soil samples will be collected from the borings at approximate 2'/2- to 5 -foot -depth intervals. Continuous rock core will be collected from the rock core borings. Grab and bulk samples of site soil will be obtained from the test pits. Relatively undisturbed (Shelby tube) samples might be collected if fine-grained (silt or clay) soil is encountered during drilling. Soil and rock samples will be returned to GE's laboratory for subsequent evaluation. Each boring, following its completion, will be backfilled in accordance with state regulations. Borings completed in public roadways will be patched with like material. Each test pit, upon completion, will be backfilled with excavation spoils, tamped into place, and the ground surface smoothed with the excavator bucket. • Laboratory testing to assess pertinent physical and engineering properties of soil encountered relative to the proposed construction. For budget estimating purposes, the assumed testing program includes: 2 R-Value/CBR tests; 2 modified Proctor tests; 15 gradation analyses; 15 percent fines passing the U.S. No. 200 sieve tests; 10 moisture content determinations; 8 rock point load index tests; and 3 rock unconfined compression tests. Laboratory testing will be completed in general accordance with applicable ASTM International (ASTM) standards. • Recommendations for site preparation and fill placement including: criteria for clearing, stripping and grubbing; an evaluation of the suitability of on-site soil for use as structural fill; gradation criteria for imported fill; guidance for preparation of subgrade soil, which will support pavements; and criteria for structural fill placement and compaction. Recommendations for allowable cut and fill slope inclinations will be provided. • Recommendations for design and construction of conventional shallow foundations for retaining walls including: soil bearing pressures; minimum width and depth criteria; coefficient of friction and equivalent fluid densities for the passive earth pressure state of stress to estimate resistance to lateral loads; and estimates of foundation settlement. Design criteria will be presented in Load and Resistance Factor Design (LRFD) format. City of Spokane Valley Page 12 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Where shallow foundations are not feasible, recommendations will be provided for design of drilled shafts at select bridge bent locations including: capacity versus shaft depth (penetration) for downward and uplift load conditions; estimates of single shaft settlement; and group reduction factors, if appropriate. • Recommendations for lateral earth pressure criteria for design of retaining walls. including equivalent fluid densities for the active, at -rest and passive earth pressure states of stress. Soil strength parameters for mechanically stabilized earth (MSE) wall design will be provided including: unit weight; friction angle; and cohesion. Internal stability design of MSE walls will be completed by the wall designer. • Geotechnical seismic design criteria based on the American Association of State Highway and Transportation Officials (AASHTO) procedures. • Pavement layer thickness design based on vehicle type and traffic volumes provided by DEA, and recommendations for hot prix asphalt (HMA) pavement construction including: criteria for base course thickness, gradation and required degree of compaction; and thickness and compaction criteria for HMA surfacing. • Recommendations for surface and subsurface drainage, as appropriate, including an evaluation of the feasibility of subsurface disposal of stormwater, and design parameters; if appropriate. Analyses will be based on correlations of soil grain -size analyses to permeability found in the Spokane Regional Stormwater Manual (SRSM) and the WSDOT Highway Runoff Manual. • A draft and final written report containing findings, conclusions and recommendations. One round ofconiments to the draft report from DEA, the City, WSDOT and BNSF is assumed. The final report will address the comments. ASSUMPTIONS • The exploration locations are accessible to truck -mounted drilling equipment. • Fieldwork will be performed during normal daytime hours (Monday through Friday). Street obstruction permits for explorations in public streets and private land access agreements will allow for 8 am to 6 pm work. • Written permission to access explorations on private property (including BNSR and WSDOT right- of-way [ROW]) will be obtained by the CONSULTANT team with assistance from the CLIENT. • BNSF will provide permission to access and drill and/or excavate test pits at proposed boring and test pit locations on BNSF ROW in a timely manner that allow for all drilling services to be completed under a single mobilization of equipment. • A BNSF-approved lookout or flaggcr, if required to support our field activities, will be scheduled and provided by others. • Underground utilities located on private property will be located by the current property owner. If this is not possible or acceptable, a private utility locator may need to be subcontracted at additional cost. • Temporary road building is not anticipated for truck -equipment access. Hydro -seeding, re -vegetation or other improvements are not included in this scope of work. • Cultural resources and environmental permitting required for exploration work will be coordinated under other tasks. GE will assist with preparing exploration plans, upon request. • It is assumed that contaminated soil will not be encountered during drilling of geotechnical borings or excavation of test pits. As such, GcoEngirteers will not provide field screening, which is used to assess possible presence of volatile and semi -volatile compounds in soil. If obvious contaminated materials (based on coloration or odor) are encountered, drilling will be stopped, the drill crew will be put on stand-by and GeoEngineers will notify DEA. City of Spokane Valley Page 13 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Drill cuttings (cion -contaminated) that cannot be returned to completed exploratory borings will be evenly distributed near the borings in undeveloped areas. If on-site disposal is not acceptable to I3NSF, GeoEngineers will collect the soil in drums on site and transport them to a facility approved by BNSF within 5 miles of the boring locations. Task 5.0 CONFIRM PLANNING FRAMEWORK FOR THE PROJECT (C LIENT AND WSDOT) Based on the data gathered as part of Task 3, the CONSULTANT, CLIENT, and WSDOT will collaborate to confirm the planning framework items. This effort will be driven by the Methods and Assumptions document development process prepared under other tasks. The planning framework includes but is not limited to the following items: • Traffic Operations Parameters — DEA will work with the CLIENT and WSDOT to determine the design year, the peak hour volume hour forecast, and the operational criteria (including LOS). See Traffic Modeling and Analysis Task for scope definition. • Future Vision and Forward Compatibility within the Corridor; DEA will work with the CLIENT to confirm the City's vision for the area. DEA will work with the CLIENT and WSDOT to confirm the State's forward compatibility plan for the corridor. This information will form a basis for the future project compatibility. • Right-of-way, local area development — DEA will work with the CLIENT to determine future land use and upcoming developments for the corridor. • Pedestrian/bicycle use — DEA will work with the CLIENT and WSDOT to determine pedestrian and bicycle routes and use and appropriate applications for the project. DEA will include the findings from this task in the Methods and Assumptions document confirming these items. The planning framework and related questions will be circulated for review and discussed/confirmed at a Project Progress Meeting. Task 6.0 TRAFFIC MODELING AND ANALYSIS 6.1 Traffic Volumes Data Collection DEA will coordinate the collection of intersection AM and PM peak horn' turning movement counts through a traffic count vendor. AM Counts will be conducted between 7AM and 9AM. PM Counts will be conducted between 4PM and 6PM. The counts will be collected at up to 12 intersections which will further be confirmed through the Methods and Assumptions document. Intersections immediately adjacent to the project and identified for counting are listed below: • Barker Road @ Trent Avenue/SR-290 • Barker Road @ Proposed Wellesley Approach (existing commercial approach) • Del Rey Drive @ Trent Avenue/SR-290 • Flora Road @ Trent Avenue/SR-290 DEA will also coordinate the collection of ADT (tube) counts at the 5 locations identified below: • Barker Road south of BNSF • Trent Avenue west of Del Rey Drive • Westbound Trent Avenue north of Wellesley Avenue flyover • Wellesley Avenue west of flyover • Eastbound Trent Avenue east of Barker Road The CLIENT will provide available data to DEA for review. Expected data includes but is not limited to: City of Spokane Valley Page 14 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Relevant GIS data and files • Copies of recent studies or reports that may impact the study area • Signal timing plans for any traffic signals within the study area • Any recent traffic counts available within the study area 6.2 Develop Project Methods and Assumptions Document The CONSULTANT will develop the project Methods and Assumptions document in accordance with WSDOT Design Manual Section 550.02(1)(b). This will include the project's purpose and need, analysis methodologies, criteria, traffic analysis tools and approach, etc. The Methods and Assumptions document is a living document and will be updated as new decisions and conclusions are reached. ASSUMPTIONS • A speed study will not be necessary for the project • An Interchange Justification Report (UR) or partial IJR will not be needed for the project DELIVERABLES • Draft and Final Methods and Assumptions document 6.3 Travel Demand Forecasting in AM and PM Peak Hours Given this determination of travel through the area, DEA will coordinate with the CLIENT for their traffic volume and land use projections in the study area, which incorporates the latest updates to the land uses in the study area through the Comprehensive Plan Update. The CLIENT will provide the land use assumptions and trip growth for the geographic areas included in the study. This growth will be used to project the increase in trips and redistribution of traffic through the project area. ASSUMPTIONS • It is assumed that the CLIENT will provide the travel demand modeling AM and PM projections for the traffic patterns through the study area. Manual adjustments will be made to accommodate the alternative configurations. • Traffic volume forecasts will be completed for the 2040 design year. 6.4 Operational Assessment of Study Intersections and Study Corridors in AM and PM Peak Hours (including weaving, LOS, and queuing) DEA will develop one (1) traffic model to complete the operational analyses of the study area. 6.4.1 Create Synchro Operational Model DEA will create a model using Synchro operational software to calculate the level of service based on Highway Capacity Manual 2010 (HCM24I0) methodologies. This model will be used to evaluate the delay and level of service (LOS) of the study area intersections to meet WSDOT design manual requirements and City LOS standards: • LOS D or better at signalized intersections. • LOS E or better at unsignalized intersections or driveways. • Up to three (3) isolated intersection analyses will be completed for alternative intersection control alternatives using Sidra evaluation software. 8.4.2 Ramp Merge/Diverge Analysis DEA will utilize the Highway Capacity Software and the Highway Capacity Manual 2010 (HCM2010) methodologies to evaluate the merge and diverge operations at the ramp gores. The WSDOT standard for regionally significant highways in an urban setting is LOS D. City of Spokane Valley Page 15 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 64.3 Trent Avenue (SR -290) Operations DEA will utilize the Highway Capacity Software and the HCM2010 methodologies to evaluate the operations of SR -290 including the reduction in lanes from two to one. The WSDOT standard for regionally significant highways in an urban setting is LOS D. 6.5 Collision History Evaluation — Evaluate Safety History of the intersections and Roadways DEA will obtain crash data from the CLIENT and WSDOT for 2011-2015. Using methodologies and procedures prescribed in AASHTO's 2010 Highway Safety Manual (HSM), DEA will conduct an analysis of any high accident locations within the study area. This analysis will be used to develop calibration factors for use in the evaluation of design alternatives. DELIVERABLES • Collision Analysis Memorandum • Summary of Synchro model (in Traffic Operations Report) • Summary of Merge/Diverge Analysis (in Traffic Operations Report) • Summary of SR 290 Operations (in Traffic Operations Report) 6.6 Intersection Control Analysis for Project Intersections Given the alternatives developed in the Alternatives Analysis task and the subsequent volumes derived for the alternatives, the intersection volumes will be evaluated to determine the appropriate intersection control type. This task will include signal warrant analyses based on peak hour volumes at the project intersections, as listed below: • Barker Road at Vista Grande Drive • Barker Road at Eastbound Ramps • Barker Road at Westbound Ramps • Barker Road at Wellesley Avenue For the alternatives based on the 30% BTV design configuration, DEA will evaluate each of the following types of intersection control: • Two-way stop control • Signalization • All -way stop control • One Other Findings will be included in the Traffic Operational Analysis Report. 6.7 Draft Traffic Operational Analysis Report DEA will prepare a draft traffic operation analysis report for the project. The report will include the following items: • Summary of data collection • Traffic forecasting assumptions and results as discussed above • Operational analysis methodology and results as discussed above • Safety analysis methodology and results as discussed above • Findings and Recommendations ASSUMPTIONS • The CLIENT will provide recent ADT data and any recent turning movement counts' within the study area as identified in the scope. • The CLIENT will provide crash data as identified in the scope. DELIVERABLES • Draft Traffic Operational Analysis Report City of Spokane Valley Page 16 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 6.8 Final Traffic Operational Analysis Report Addressing the comments receivedon the draft report, the CONSULTANT will review and respond to each comment and if appropriate, incorporate them into the Final Traffic Operational Analysis Report. DELIVERABLES • .Final Traffic Operational Analysis Report Task 7.0 PUBLIC INVOLVEMENT PROGRAM The public involvement process will be performed as described below and will be reviewed by CLIENT and WSDOT representatives prior to implementation. ASSUMPTIONS • A formal Public Participation Plan will not be prepared • The CLIENT will conduct meetings with stakeholders and citizen action committees like the Chamber of Commerce, bicycle and pedestrian groups, and other applicable stakeholders. • The CLIENT will send invitations to public meetings and project related events. • The CLIENT will be responsible for any press releases that are issued related to the project. • The CLIENT will be responsible for developing and updating a project website if one is created for the project. The CONSULTANT team will provide necessary information to the CLIENT and the CLIENT will maintain the website. The CLIENT will provide the CONSULTANT team with any feedback from stakeholders/community member use of the website. • The CLIENT will be responsible for developing and distributing Fact Sheets and "Frequently Asked Questions" sheets if they will be prepared for the project. The CONSULTANT team will provide necessary information to the CLIENT so the CLIENT can publish and distribute this information. • This scope of work does not include launching social media tools as a component of communication between the consultant team and the stakeholders. 7.1 Public Open House DEA will arrange, prepare, and attend one (1) Public Open House meeting. The CLIENT will notify the public of this meeting by sending a direct mail postcard to identified stakeholders. The Public Open House Meeting will be held after the Bridge and. Interchange Alternatives Analysis has been completed and the preferred alternative has been selected. This scope of work does not include any virtual open houses. DEA AND HDR RESPONSIBILITIES AND DELIVERABLES • Coordinate logistics for the meetings - DEA • Provide sign in sheet - DEA • Provide project displays (a total often (10) displays are anticipated five (5) by each DEA and HDR • Facilitate Public Open House - DEA • Provide a summary of the Public Open House— DEA CITY RESPONSIBILITIES • Prepare, print, and mail postcards to the public and identified stakeholders. DEA will provide the mailing list developed to the CLIENT as part of the Notification of Field Activities. • Provide facility for Public Open House • Advertise the Public Open House in the newspaper • Send open house notifications to local civic organizations • Provide refreshments • Attend Public Open House • :Include Public Open House dates in City newsletter and on City website (if one is developed for the project) City of Spokane Valley Page 15 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 ASSUMPTIONS • Public Open House will last for five (5) hours including set up and take down. • Three (3) local staff members from DEA and one (1) local staff member from HDR will attend the meeting 7.2 Property Owner Contact Meetings HDR staff will support the CLIENT in conducting owner contact meetings with property owners that will be impacted by the project. 7.2.1 initial Owner Contact Meetings The CLIENT will set up and conduct the Owner Contact Meetings. DEA and HDR will provide plans prepared under other tasks to support this effort. One staff member from HDR will participate in two (2) owner contact meetings (as requested by the CLIENT) accompanying CLIENT staff to discuss the project with impacted property owners. The purpose of the meetings is to explain design elements that affect the property owners (driveway approaches, fences, right-of-way acquisition, etc.) and to gather information that enables the design team to develop a more context sensitive design. The meetings will be set up by the CLIENT and will occur once the Bridge and Interchange Alternatives Analysis is complete. 7.2.2 Final Owner Contact Meetings The CLIENT will set up and conduct Final Owner Contact Meetings. DEA and HDR will provide plans prepared under other tasks to support this effort. One .staff member from HDR will participate in two (2) owner contact meetings (as requested by the CLIENT) accompanying CLIENT staff to discuss the project with impacted property owners. The purpose of the Final Owner Contact meetings is to explain how design elements that affect the property owners that were discussed at the initial meeting were incorporated into the design. The meetings will be set up by the CLIENT and will occur once the Intermediate Design Plans are prepared. DELIVERABLES • Notes from initial owner contact meetings (up to two (2) in-person meetings with direct property owners) • Notes from final owner contact meetings (up to two (2) in-person meetings with direct property owners) CITY RESPQNSIBIuTIES • Leading and setting up all owner contact meetings — the CONSULTANT Team will only participate in meetings that the CLIENT requests. Task 8.0 NEPA DOCUMENTATION 8.1 Environmental Studies DEA will coordinate with WSDOT Local Programs to determine the type and scope of environmental studies needed. At a minimum DEA will conduct the following studies and prepare the associated. documentation for appending to the NEPA Categorical Exclusion Documentation (CED) form prepared in Task 8.3: • Section 106 compliance and APE letter (by third party vender Historical Research Associates) • Section 40)/6(f) de Mini/MIS determination letter • Environmental Justice letter to file • ESA No Effect letter • Critical Areas Report ASSUMPTIONS • DEA will use Historical Research Associates for Section 106 Compliance/APE Letter. If a cultural resource survey is required it will be included in a supplemental agreement. City of Spokane Valley Page 16 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 HRA's WORK TASKS Historical Research Associates, Inc. (HRA), will conduct a cultural resources inventory addressing recent design changes on the Barker Road/BNSF Railway Project. The Project is part of the Spokane Regional Transportation Council's (SRTC) Bridging the Valley Project (BTV), implemented to improve traffic safety through the elimination of 75 at -grade rail/roadway crossings with mainline train operations between Spokane, Washington, and Athol, Idaho. The SRTC, in coordination with the Federal Highway Administration (FHWA) and the Washington State Department of Transportation (WSDOT), contracted ENTRIX, Inc. (ENTRIX), to conduct a cultural resources study in compliance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations 36CFR800. ENTRIX (2005) identified a total of 45 resources in Idaho and 77 resources inn Washington, four of which are situated within the current project area: 45SP450 (Old Trent Road), 45SP452 (North Branch of Spokane River Canal), 45SP499 (Northern Pacific Railroad), and 45SP502 (unnamed foundation and associated features). All four sites were determined not eligible for listing in the National Register of Historic Places (NRNP). A National Environmental Protection Act (NEPA) Categorical Exclusion (CE) was approved for the entire suite of BTV projects in 2006 by FHWA and WSDOT. Based on WSDOT Local Programs CE guidance (March 2016), NEPA documentation limited to the Barker Road/BNSF Grade Separation improvements is needed. The area of potential effects (APE) for BTV projects was separated for the 2005 study: one to address archaeological resources and one to address historical resources. The archaeological APE was defined as all areas of ground disturbance, including all areas of new right-of-way (ROW) and associated construction areas. The APE for historical (i.e., aboveground) resources included a 100 -foot -wide buffer on each side of the BNSF track (measured from the centerline of the outside track); all areas of new ROW; and a 100 -foot - wide buffer around areas of new road ROW at separated crossings, excluding the existing rail within the 100 feet. This general APE description for BTV projects has not changed since the 2005 study; however, the construction footprint for the current Project includes the additional areas (e.g., Barker Road Extension and Wellesley Road), encompassing approximately 34 acres in Sections 5 and 6 of Township 25 North, Range 45 East, and Sections 31 and 32 of Township 26 North, Range 45 East, Willamette Meridian.. HRA's PROJECT APPROACH The project approach described below addresses potential archaeological and ethnographic cultural resources and historic -period (over 50 years of age) buildings, structures, and objects (.BSOs) that the proposed Project may impact. HRA proposes to survey the construction footprint and conduct subsurface excavation for archaeological resources, and survey for aboveground resources within the 100 -foot buffer described above. Based on a preliminary review of the Washington State Department of Archaeology and Historic Preservation's (DAHP) online cultural resources database (WISAARD), no archaeological sites have been recorded within, or in close proximity to, the APE since the 2005 study. DAHP's predictive model classifies the area's probability for precontact cultural resources as low to very high. A review of Historic Property Inventory Form (HPI) data on W1SAARD shows no BSOs dating from the historic period in the project vicinity. HRA TASK 1: PROJECT MANAGEMENT AND AGENCY/TRIBAL COORDINATION Project Management and Coordination includes coordination with the client regarding the project schedule and deliverables, communications with DEA and the appropriate agency and tribal representatives, and internal management of tasks and products. HRA expects that WSDOT will initiate consultation with DAHP, as well as the interested Tribes, to notify them of the proposed Project and request their comment. HRA staff will be available for telephone consultations with DEA, DAHP, WSDOT, and/or the Tribes as necessary, regarding the project and our findings. HRA TASK 2: HEALTH AND SAFETY COORDINATION I -IRA's Project Manager and Health and Safety Coordinator will coordinate with the client and, as needed, BNSF, to determine which safety trainings and clearances are required, as well as appropriate personal protective equipment (PPE) and procedures to follow during fieldwork. At this time, it is assumed that BNSF contractor orientation and safety training will be required for each field team member, and that City of Spokane Valley Page I7 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 eRailsafe security training and clearance will also be required. HRA will prepare a project -specific health and. safety plan (HASP), but it is assumed that HDR will prepare the BNSF-required Safety Action Plan (SAP). A BNSF flagger may also be required, depending on the specifications outlined in the Temporary Occupancy Permit from BNSF. HRA will work with DEA to determine these needs closer to the date of proposed fieldwork. HRA TASK:3: BACKGROUND AND ARCHIVAL RESEARCH Background and archival research includes appropriate research to determine whether cultural resources are located in the APE, whether they are likely to be located in the APE, and to identify the appropriate historical contexts for evaluating the significance of any such resources. Based on maps and descriptions of the proposed Project, to be provided by DEA, HRA staff will conduct an online records search of the DAHP cultural resources database to determine what previous studies have been conducted within and in the vicinity of the project area, as well as to identify previously recorded archaeological sites, NRNP properties, and aboveground resources in the project vicinity. HRA personnel will also review county soil books and aerial photography, as well as historic -period maps including, but not limited to, General Land Office (GLO) plats, historic U.S. Geological Survey (USGS) 15 -minute topographic maps, Metsker maps, Sanborn Fire Insurance Company neaps, and other pertinent cartographic resources to develop a preliminary impression of the type and number of cultural resources that may be located within the APE and surrounding area. Additional background research will be conducted in HRA''s cultural resource reference libraty, the Spokane Public Library, and the Joel .E. Ferris Research Library and Archives, as needed. HRA TASK 4: FIELDWORK HRA will arrange for utility locates to meet the requirements of Washington's Underground Utilities regulations (RCW 19.122). This requires obtaining a locate survey for any kind of excavation on public and private property that will exceed 12 inches in depth. A locate service must be notified by the excavator (HRA) at least 2 business days before digging and the area of proposed excavation must be marked with paint as described in RCW 19.122.030. DEA will mark the location of the area. (or provide locations on a map) that will receive subsurface impacts or excavations for the utility locate survey and will notify HRA when the area has been marked, so we can order the locate survey. HRA will not be responsible for marking the area or maintaining the markings. If desired by WSDOT, HRA staff will notify the Tribes about the schedule for the field survey. HRA will conduct a 100 -percent archaeological pedestrian survey of the revised APE area and a visual assessment for any potentially significant aboveground historic -period resources that may be impacted by the proposed development. Survey transects shall be 25 meters apart or less on average for the survey; narrower transects may be used according to the judgment of the Field Director. The surveyor will seek out and examine all ground exposures (e.g., exposed trails, ditches) for evidence ofsubstuface features and/or cultural materials. All survey areas will be drawn on a USGS quadrangle map at a scale appropriate to the size of the survey area or recorded using a Global Positioning System (GPS) instrument, utilizing HRA's standard Data Dictionary. The character of the landscape and its potential for containing intact archaeological deposits will determine subsurface testing methods. Shovel test probes will be placed in areas where the Field Director determines that a location is of high probability for the presence of subsurface cultural materials (e.g., where there is evidence of archaeological materials on the ground surface unassociated with any of the four existing archaeological sites). Up to 20 probes will be excavated within the APE to examine the subsurface and to identify any areas that might contain buried, intact cultural strata and/or features. Probes will be at least 40 centimeters (cm) in diameter and will be excavated to a depth of at least 50 cm below the surface and terminated after 20 cm of sterile sediments or upon discovery of sediments that clearly pre -date human use of the region. Probes may be terminated at shallower depths lithe sediments reveal that substantial ground disturbance has previously occurred at a location. All excavated sediments will be screened through 0.25 - inch mesh to identify any small cultural items that may be present. The identification of any subsurface cultural materials in a single shovel test will result in the excavation of up to four additional shovel tests in City of Spokane Valley Page 18 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 a cruciform pattern at a distance of 5 meters, a.k.a. "radial" probes, to determine resource boundaries. All probes will be completely backfilled and their locations will be plotted onto a project map. If archaeological materials are found, they will be analyzed in the field but not collected., To the extent possible, they will be identified as to type, material, function, and cultural and temporal association. All encountered archaeological materials will be documented on .DAHP site or isolate forms, as appropriate. Draft archaeological site and isolate forms will be submitted to DAHP for review and assignment of Smithsonian Trinomials for inclusion with the Final Report deliverable. Site boundary polygons, the locations of all features, and all shovel probe locations shall be recorded using GPS technology and on a site sketch map. Photographs will be taken to accompany the form and a sketch map will be prepared showing any intrasite resource patterns and the site in relation to the surrounding topography and proposed developments. In the event that human remains are discovered during the field survey, the Sheriff, City of Spokane Valley (City), WSDOT, DAHP, and Tribes will be immediately notified. Treatment of the human remains would be coordinated through consultation among these parties. HRA TASK 5: ANALYSIS AND REPORT PREPARATION HRA will conduct data analysis and prepare a Cultural Resource hiventory Report summarizing the results of the investigations which will adhere to the professional standards for format and content as expressed in DAHP reporting guidelines. The draft report and all associated deliverables will be submitted to DEA and WSDOT for comment in electronic format (MS Word). The report will include: • A description of the Project and applicable laws and regulations; • A summary of the results of the background literature and records research; • The methods used during the fieldwork and the results; • A description and evaluation of any cultural resources found within the APE according to national, state, and local registers, as appropriate; • A summary assessment of potential effects to any identified resources based on our knowledge of the resource type, soil conditions, and extent to which the proposed project may affect the resource; • Recommendations for completion of any additional cultural resources compliance obligations stemming from the results of our study; • A summary of project procedures that should be followed in the event of an unanticipated discovery of buried cultural materials or human remains during construction; and • References cited.. The report will include such tables, maps, photographs, and other graphics as are needed to depict the scope of the study and results. Archaeological site records for any recorded resources will be included in an appendix to the report. HRA will make any necessary revisions to the Draft report in response to comments by DEA and. WSDOT, and will submit an electronic copy that includes the DAHP submittal form inserted (DAHP now only accepts submittals in electronic [Adobe PDFJ format). DELIVERABLES • Draft and Final Cultural Resource Inventory Report 8,2 Environmental Technical Memoranda DEA will prepare the following brief (1 to 3 pages) documents that typically are appended to the CED form prepared in Task 8.3: • Air Quality • Noise • Right-of-way • Hazardous waste City of Spokane Valley Page 19 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 ASSUMPTIONS • Quantitative air and noise modeling is not required • Scope includes two NEPA meetings: I. Site Visit / SEPA Meeting with CLIENT (two (2) DEA staff), and 2. WSDOT Local Agency Program NEPA Kick-off Meeting (one (1) DEA staff) 8.3 NEPA Categorical Exclusion Documentation (CED) Form DEA will prepare the CED form following the WSDOT guidance in NEPA Categorical Exclusions, A Guidebook for Local Agencies (October 19, 2015). • Draft CED form • Final CED form ASSUMPTIONS • The CLIENT will adopt the approved NEPA document to meet SEPA requirements thus fulfilling a truncated SEPA approval process. • The scope includes the Critical Areas Report, which also addresses listed species and habitat. • This scope does not include the preparation of a Phase I Enviromnental Site Assessment. • Federal agency consultation related to ESA .species will not be required. • The .scope includes Area of Potential Effect Letter and research for cultural resources. If a cultural resource survey is required it will be included in a supplemental agreement. • Draft environmental documents will be revised once in response to review comments by the CLIENT and a second time in response to review comments by WSDOT/FHWA. DELIVERABLES • Draft Environmental Studies • Final Environmental Studies • Draft Environmental Technical Memoranda • Final Environmental Technical Memoranda • Draft CED form • Final CED form Task 9.0 SURVEYING 9.1 Develop Control Network 9.1.1 Notifications DEA will create notifications letters that will be approved by the CLIENT and mailed out in advance of any field work to adjacent land owners within the project limits. 9.1.2 Control Network Planning, Research, and Office Preparation DEA will develop a control network plan before performing any field work per WSDOT Highway Surveying Manual M22-97 (Section 13-03). Meetings will be held with the survey team and project manager. Following these meetings, a control plan will be developed. The project surveyor will research CLIENT, previous project control, FEMA Benchmarks, NGS datasheets and WSDOT records to determine the availability of existing control in the project area. The project surveyor will then conduct a meeting with the party chief to develop a plan to recover necessary existing control. 9.1.3 Development of GPS Control Network DEA will utilize Static GPS surveying and continuously operating Washington High -Precision Geodetic Network (HPGN) stations in post processing methods to establish a primary control network throughout the project corridor. DEA will carefully develop a localized. projection so that ground distances are City of Spokane Valley Page 20 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 maintained throughout the project. WSDOT standard vertical and horizontal datum, NAD83 2011 and NAVD88 Geoid 12B will be utilized. Control coordinates will be reported in Washington State Plane North Zone and a conversion factor will be provided for future translations. Distances will be reported in ground distances. Primary control points will be used to develop the overall static control network placed within the project limits, ,previously defined, +/- 1000 foot intervals and at interchanges through the entire project site, These points will be monumented with aluminum caps and set in concrete and stamped with corresponding control point number. Up to ten (10) points are anticipatcd and will be set in locations beyond the anticipated disturbance area to the extent feasible. 9.1.4 Vertical Project Control Network DEA will establish vertical benchmarks on a horizontal control monument during the GPS Control Network effort (previous task) and project this elevation across the previously established control network. 9.1.5 Control Diagram DEA will develop a control diagram per WSDOT Highway Surveying Manual M22-97 (Chapter 13- 06.1). Included, but not limited to, in this control diagram as specified in Chapter 13-06.01, are established horizontal and vertical monument locations, HPGN stations used to establish horizontal project control, a coordinate list in state plane and local datum, and descriptions of each established control point. The project Control Diagram will also be used in the Project Control Report. ASSUMPTIONS • DEA will create a local datura plane for this project which will keep the entire project measurements nearest ground distances using one combined scale factor and will be referenced to Washington State Plane Coordinate System, North Zone, NAD 83 horizontal datum and NAVD 88 vertical datum. • DEA will search for and make ties on at least two nearest, andany other NGS published monuments within the project limits to verify vertical and horizontal accuracies are attained. • DEA will set or utilize existing monutnentation on up to ten (10) points throughout the site for establishing primary control. DELIVERABLES • A control diagram and a project control report per WSDOT standards.. 9.2 Aerial LIDAR Processing City of Spokane Valley Barker Road/BNSF Grade Separation Page 21 Scope of Services November 23, 2016. Supplemental topographical field and utility confirmation survey necessary clue to potential gaps in the aerial survey will be collected under a supplemental agreement. However, as listed below, obtaining aerial survey data and processing it into the topographical component of the base mapping is included in this task. 9.2.1 Aerial Photagrammetry (Provided by the CLIENT) DEA will obtain high resolution aerial imagery and Lidar topographical point data that can be processing into a topographical map to use on the project. This task will include obtaining the data from the CLIENT. Assumptions • Aerial Lidar topographical data and high resolution imagery will be provided by the CLIENT. • CLIENT provided aerial topographical meta data and digital information will be sufficient to create a topographical map with a 1 -foot minimum contour interval. • Aerial imagery will be used to depict the proposed project for public meeting displays and displays included in the alternatives analysis. 9.2.2 Perform Ground Checks DEA will collect and process ground truthing RT.K GPS from primary control network. Perform quality control and assurance checks on ground truthing aerial photography mapping. Process mapping data and prepare data to be imported into MicroStation. Shots will also be taken on the existing railroad tracks 1000 feet each side of the proposed bridge crossing to confirm track plans. This will also include collecting top of rail profile shots for each rail for 1000 feet from the bridge in each direction. 9.2.3 Prepare Aerial Mapping DEA will convert LiDAR point data to a dim to WSDOT mapping standards using MicroStation. Quality checks will be performed on the line work to ensure accuracy and validity to WSDOT standards. This product will be prepared for proper use through the Intermediate Design phase. ASSUMPTIONS • Aerial topographical mapping will be used for Intermediate Design and will be supplemented by in- fill ground shots that will he included in a supplemental agreement. • Existing utility facility information will not be collected DELIVERABLES • Electronic base:map in MicroStation© format. City of Spokane Valley Page 22 Scope of Services Barker Road/I3NSF Grade Separation November 23, 2016 9.3 Perform Boundary/Right-of-Way Surveying 9.3.1 Research DEA will research and analyze the following to determine the locations of the existing City, Spokane County, WSDOT and BNSF rail road rights of way boundaries within the project limits: • Transfer Deeds • Right -of -Way Plans • Records of Survey • Subdivision plats • Unrecorded maps • Land Corner Records • Railroad Right -of -Way • Deeds of Record Research will be sufficient enough to place record right-of-ways of BNSF, Barker Road, S. Wellesley Ave., Flora Road, along the project corridor. ASSUMPTIONS • WS DOT, city and county right of way plans will be provided by others. 9.3.2 Field Survey DEA will travel to the site and search for and make field ties on a minimal number of right-of-way monuments (up to 20 monuments) within the project corridor along the BNSF right-of-way, SR 290, and the other roadways listed above sufficient to develop right-of-way lines per record documents recovered during the research task. DEA will also make field ties on adjacent monrunentation used to define the Public Land Survey System (PLSS) and minimal right of way monuments (up to 20 monuments). The intent of this field survey will be to identify field evidence sufficient to make a preliminary recreation of the BNSF, Barker Road, S. Wellesley Ave., and Flora Road rights-of-way along the project corridor. These will be used. for design purposes with the intent of developing a full retracement record of survey under a subsequent agreement. 9.3.3 Preliminary Right -of -Way Resolution by record documents ONLY DEA will develop a preliminary reconstruction of rights-of-way within the project limits from the researched documents to calculate and prepare an approximate location of existing right-of-way to display on the base map. ASSUMPTIONS A No boundary resolution will be performed and no boundary issues will be resolved. • It is assumed that the preliminary boundary survey in tasks above per state statute (RCW 58.09.090 lb) will be preliminary in nature with the intent of performing a complete retracement record of survey under supplemental agreement prior to further development of the project. 9.4 Prepare Final Base Mapping Products DEA will import the right-of-way lines, parcel sidelines, centerline alignments, and tied monuments into the project's existing base mapping. ASSUMPTIONS • DEA will incorporate the above stated features and elements into the base map. DELIVERABLES • DEA will create a MicroStation DGN file with the completed base reap with 1 -foot contour mapping, a DTM (Digital Terrain Model), tied monumentation, and boundary linework for design purposes. City of Spokane Valley Page 23 Scope of Services Barker RoadIBNSF Grade Separation November 23, 2016 Task 10.0 ALTERNATIVES ANALYSIS • INTERCHANGE AND BRIDGE CONFIGURATION Based on our meeting with the CLIENT on September 13, 2016, and further internal discussions among the CONSULTANT Team , the following three (3) interchange and bridge alternatives will be evaluated to determine a preferred alternative to advance to design: Alternative 1: The interchange and bridge horizontal alignment as included in the 30% BTV Plans. The vertical profile of Barker Road will be updated based on modern girder types (the interchange ramp profiles will not be updated and roadway modeling will not be performed for this alternative). Alternative 2: The interchange and bridge with Barker Road shifted to the east so that the new bridge over BNSF is not on a horizontal curve. New ramp alignments and profiles will be developed (4 interchange ramps, Barker Road, and SR 290) and the roadways modeled. Alternative 3: The interchange and bridge with Barker Road shifted to the east so that the new bridge over BNSF is not on a horizontal curve with alternative intersection control. New ramp alignments and profiles will be developed (4 interchange ramps, Barker Road, and SR 290) and the roadways modeled. 10.1 Develop Alternative Alignments — Interchange and Bridge Alternatives HDR will prepare alternative alignment layouts for Alternatives 1-3. Roll plots (horizontal and vertical alignment including InRoads modeling (Alternatives 2 & 3 only) will be developed for the project for each of the alternatives including bridge geometries so that appropriate costs can be developed. ASSUMPTIONS • The alternatives will be evaluated with the typical sections from the 30% BTV design. • The BNSF bridge will accommodate the sane number of tracks as in the 30% BTV design • Alternatives 1&2 intersection configurations will utilize signals (Alternative 3 will use alternative intersection control) • Truck turning movements will be performed to verify an adequate design • Detailed intersection control alternatives will not be developed for the geometric layout of the alternatives — instead, general approximate geometry will be used. DELIVERABLES • Roll plots of Alternatives 1-3 10.2 Evaluate Alternatives Traffic Impacts DEA will evaluate the traffic impacts of each of the three (3) alternatives. Since each of the three alternatives will have intersections in different locations, queue lengths, turning movements, and other traffic related elements of the alternatives will be evaluated so that the true impact of the alternatives is understood. Alternative intersection configurations will be evaluated as an alternative to signalized intersections for the diamond interchange alternatives. DELIVERABLES • Traffic Impact Analysis of Alternatives 1-3 10.3 Develop Alternative Costs HDR will develop conceptual costs for the components included in Alternatives 1-3 (with the exception of the BNSF bridge and all the retaining walls, which will be estimated by DEA). This would not be a detailed cost estimate for the entire project, but a comparative cost estimate that only evaluates and compares those components related to the two bridges and associated retaining walls, and related impacts to the highway and roadways. Cost estimates will be developed with present worth prices. ASSUMPTIONS • Alternative costs for bridges will be based on structure costs per square foot from WSDOT's Bridge Design Manual. City of Spokane Valley Page 24 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 DELIVERABLES • Conceptual construction cost estimates of Alternatives 1-3 in MS Excel 10.4 Develop an Alternatives Evaluation Matrix HDR will develop an Alternatives Evaluation Matrix that evaluates and compares each of the three (3) Alternatives to each other. The consultant team, DEA and HDR, will collaboratively evaluate the four alternatives and reconunenda preferred alternative. The team's recommendations will be vetted with the CLIENT and WSDOT before developing the recommendation in a report. ASSUMPTIONS • DEA, HDR and the CLIENT will have a meeting to discuss the evaluation components to study (i.e. cost, utilities, drainage, roadway, earthwork, right-of-way, safety; constructability and other pertinent project elements, ete.). Three (3) DEA staff (PM, Bridge Lead, and Traffic Lead) and three (3) HDR staff (Transportation Lead, Roadway Lead, and Bridge Lead) will attend. DELIVERABLES • Evaluation Matrix with weighted scoring evaluating Alternatives 1-3 prepared in MS Excel. 10.5 Develop Alternatives Evaluation Report HDR will summarize the findings from the Alternatives Evaluation effort in a written report. Other potential project impacts will also be evaluated: utilities, drainage, roadway, earthwork, right-of-way, safety, constructability and other pertinent project elements. A draft and final version of the report will be developed and submitted to the CLIENT and WSDOT for review and acceptance. ASSUMPTIONS • HDR will conduct quality control reviews of the Draft and Final Reports prior to submittal to DEA. • HDR will review and incorporate one (1) set of CLIENT comments on the Draft and Final Report DELIVERABLES • One Draft Alternatives Evaluation Report as a PDF • One Final Alternatives Evaluation Report as a PDF Task 11.0 BNSF COORDINATION AND SUBMITTALS DEA and HDR will prepare submittals for BNSF Railway review in accordance with Section 5 Overhead Structures of the Union Pacific Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects as listed above. These submittals will utilize the bridge plans developed under the preliminary and final design tasks and modify them as needed to meet the BNSF submittal requirements. 11.1 Prepare Temporary Occupancy Application & Safety Plan HDR will prepare a BNSF Temporary Occupancy Application & Safety Plan for permission to survey, perform environmental fieldwork, and geotechnical fieldwork within the BNSF right-of-way. The agreement will specify Railroad requirements that must be met to conduct fieldwork within the BNSF right-of-way. ASSUMPTIONS • HDR will prepare the BNSF Temporary Occupancy Application & Safety Plan and provide it to the CLIENT for submittal to BNSF. • The CLIENT will be responsible for the $775 non-refundable processing fee. DELIVERABLES • One Application for Temporary Occupancy as a PDF City of Spokane Valley Page 25 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 11.2 BNSF Design Phase A Package (Concept Railroad Submittal) The CONSULTANT team will prepare the Concept Plans and Site Pictures in accordance with Table 3-1 of the Guidelines for Railroad Grade Separation Projects. HDR will put the plan package together and will coordinate and process the package through BNSF. DEA will provide the bridge plans as that will be included in the package. As part of this task, DEA and HDR will conduct a one -day meeting and site visit with BNSF, CLIENT, WSDOT, and WUTC representatives. The concept will be submitted to BNSF for review. This meeting will also include displays and a discussion about any proposed design exceptions that the CONSULTANT team is proposing as part of the design package. This task includes HDR communication with BNSF to encourage them to provide a meaningful and timely review and acceptance of the Design Phase A Package. The meeting will last for four (4) hours. ASSUMPTIONS • Two (2) DEA staff (PM and Bridge Lead) and two (2) HDR staff (Transportation Lead and BNSF Coordination Lead) will attend. the meeting. • The office portion of the meeting will be held at the CLIENT's office • The CLIENT PM will attend the meeting DELIVERABLES • Draft and Final BNSF Railway Design Phase A Package (Concept Railroad Submittal) 11.3 BNSF Design Phase B Package (30% Railroad Submittal) The following items will be developed for the 30% submittal: 11.3.1 Bridge Plans (30% Railroad Submittal Package) (by DEA) The 30% submittal will include responses to BNSF review comments on the concept submittal. The 30% Bridge Plans will show Plan View, Elevation View, and Typical Sections and the CONSULTANT's response to BNSF's comments on the Concept Railroad Submittal. Construction Phasing Plans and anticipated construction methods will also be included. Plans will depict top of rail profile for 1000 feet from the bridge each direction. The plans will include General Bridge Notes, a summary of bridge design criteria, and Crossing Exhibit for crossings that will be closed. This submittal package will also include related Specifications and railroad coordination requirements in draft form. 11.3.2 Hydraulics Summary (30% Railroad Submittal Package) (by HDR) The 30% Railroad Submittal will include a Hydraulics Summary Report for culverts and drainage as it relates to the railroad and a statement that the project will not direct additional drainage along, the tracks. 11.3.3 Railroad Profile Grade .Diagrams (30% Railroad Submittal Package) (by HDR) Railroad Profile Grade Track Diagrams will be prepared for submittal with the 30% Design Package. 11.3.4 Quality Control (30% Railroad Submittal Package) (by NOR/DEA) HDR will develop most of the 30% Railroad Submittal Package as discussed above but DEA will provide a quality control review along with comments on the package that will be addressed by HDR prior to submittal to BNSF. HDR will review those portions as detailed above developed by DEA. DELIVERABLES FOR 11.3 • Draft and Final BNSF Railway Design Phase B Package (30% Submittal Package) City of Spokane Valley Page 26 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Task 12.0 PRELIMINARY STRUCTURES AND DESIGN APPROVAL 12.1 Refine BTV 30% Design Typical Sections (Deleted) 12.2 Refine BTV 30% Design SR 290 and Interchange Ramp Plans (Deleted) 12.3 Refine BTV 30% Design Local Roadway Plans (Deleted) 12.4 Refine BTV 30% Design Utility Plans {Deleted) 12.5 Refine BTV 30% Design Pavement Channelization Plans (Deleted) 12.6 Prepare Bridge and Wall Structures Type Alternatives Analysis This task includes a determination of general structure type and size (investigating options that have become feasible since BTV approval in 2004), bridge railing type recommendation, aesthetic considerations, preliminary cost estimates, construction staging concepts, estimated construction durations and required lane closures, and assisting the design staff and project team in evaluating the alternatives included. 12.6.1 Bridge Type Alternatives Analysis Report The CONSULTANT team will develop up to three (3) bridge type alternatives for both bridges, and summarize the findings in the Bridge Type Alternatives Analysis Report. This effort includes a determination of general structure type and size, preliminary cost estimates, construction staging, SR 290 lane closures and assisting the design staff and project team in evaluating the bridge alternatives included. 12.6.1.1 Barker over BNSF (by DEA) 12.6.1.2 Barker over SR 290 (by HDR) ASSUMPTIONS • The Bridge Type Alternative Analysis Report will be approximately five (5) pages in length for each bridge, • Bridge costs will be evaluated on a unit price basis. DELIVERABLES • Draft and Final Bridge Type Alternatives Analysis Report 12.6.1.3 Wall Type Alternatives Analysis Report (by DEA) DEA will evaluate up to three (3) wall options for the walls proposed for the project. The Wall Type Alternatives Analysis Report will summarize the findings of the wall type selection and include a narrative discussing the estimated probable cost, railroad crash wall considerations, constraints (such as available ROW), geotechnical and soil conditions, coostructability, and maintenance of traffic. I -IDR will provide input during the development of the report and will review the draft report prior to submitting to the CLIENT. ASSUMPTIONS • Wall costs will be evaluated on a cost per square foot basis. • Wall types to be evaluated include: o Reinforced Concrete Retaining Wall (WSDOT Std. Plan) o Precast Panel Faced Structural Earth Wall (Supplier Designed) o Permanent Geosynthetic Wall with Concrete Fascia (WSDOT Std. Plan) DELIVERABLES • The Wall Type Alternative Analysis Report will be approximately three (3) pages in length.. • Draft and Final Wall Type Alternatives Analysis Report City of Spokane Valley Page 27 Scope of Services Barker Roacl/BNSF Grade Separation November 23, 2016 117 Prepare Bridge Preliminary Plan (6 bridge sheets) DEA will advance the preferred bridge type for the BNSF bridge to the bridge preliminaiy plan stage (which will also be used to develop the BNSF Design Phase A Submittal) and HDR will advance the preferred bridge type for the SR 290 bridge to the bridge preliminary plan stage. Bridge design will be reviewed by the WSDOT Bridge and Structures office and will therefore meet WSDOT's Bridge Design Deliverable Expectation Matrix. 12.7.1 Bridge Preliminary Plan - Barker Rd over BNSF (by DEA) 12.7.2 Bridge Preliminary Plan - Barker Rd over SR 290 (by HDR) ASSUMPTIONS • Bridges included in this project: o One three -span bridge over BNSF (by DEA) o One single -span bridge over SR 290 (by FIDR) • Retaining Wall location and plans limits only will be developed. Wall profiles will not be developed. • 11"x17" plan sheets for the preliminary bridge design for CLIENT, BNSF and. WSDOT approval. • This submittal will meet the requirements outlined in WSDOT's Bridge Delivery Expectation Matrix, Column "Permitting Submittal" for any structures reviewed by WSDOT. DELIVERABLES • Bridge Preliminary Plan - Barker Rd over BNSF (by DEA) • Bridge Preliminary Plan - Barker Rd over SR 290 (by HDR) 12,8 Prepare Cost Estimates for Refined BTV 30% Design (Deleted) 12.9 Submit Refined BTV 30% Design Package (Deleted) 12.10 Refined BTV 30% Design Review Meeting (Deleted) 12.11 Prepare Basis of Design Memorandum DEA will prepare the Basis of Design (BOD) for the project. The BOD will follow the outline shown in WSDOT's Design Manual Section 1100.10(1) (July 2016). DEA will prepare supporting doeunientation to be included in the BOD Memorandum. This documentation includes the following items: • Basis of Estimate (BOE) • Design Parameter Sheets • Interchange and Bridge Alternatives Comparison Tables • Performance Target Refinement Form • Basis of Design (BOD) Memorandum The outline for the BOD Memorandum is as follows: • Planning Document Seminary • General Project Information • Section I — Project Need • Section 2 -- Context • Section 3 — Design Controls • Section 4 — Interchange and Bridge Alternatives Analysis • Section 5 — Design Element Selection City of Spokane Valley Page 28 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 ASSUMPTIONS • WSDOT will provide templates for the following items:: 130D Memorandum, BOE, Performance Target Refinement Form DELIVERABLES • Basis of Design Memorandum (Draft and Final) 12.12 Design Approval Memorandum DEA will prepare the Design Approval Memorandum following the outline shown in WSDOT's Design Manual Section 300.04(1) (July 2016). The following items will be included in the Memorandum: • Stamped Cover Sheet (project description) • A reader -friendly memo that describes the project • Project summary documents • Basis of Design • Interchange and Bridge Alternatives Comparison Table • Design Parameters worksheets • Crash Analysis Report • Design Analysis (If Needed) • Design Variance Inventory (If Required) • Channelization Plans, intersection plans, and interchange plans • Alignment plans and profile • Current cost estimate with a Basis of Estimate ASSUMPTIONS o The Design Approval Memorandum will follow the outline shown in WSDOT's Design Manual Section 300.04(1) (July 2016). DELIVERABLES e Draft Design Approval Memorandum o Final Design Approval Memorandum Task 13.0 INTERMEDIATE DESIGN DOCUMENTS The following tasks will be accomplished in preparing the Intermediate Design Documents. The sheet count for this task in included in the table at the end of this scope of work. It should be noted that this Intermediate Design package is NOT inclusive of a complete plan package. It only includes elements of the design that discussed and agreed to between the CONSULTANT TEAM and the CLIENT. 13.1 Develop Index/Vicinity Map (2 sheets) DEA will develop an Index/Vicinity Map showing the project location and a list of sheets included in the Intermediate Design plans. 13.2 Develop Roadway Typical Sections (8 sheets for 15 Typical Sections) DEA and HDR will prepare typical sections for the project with two typical sections on each sheet. The Refined BTV 30% Design Typical Sections will be adjusted as necessary for this task. Roadway typical sections are estimated as follows: Four for SR 290 - One for existing SR 290 at the westerly tie in, one for SR 290 bridge, one for SR 290 at the existing E. Wellesley Avenue bridge, and one at the existing SR 290 easterly tie in. (by DEA). City of Spokane Valley Page 29 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Two for SR 290/Barker Road I.C. ramps — one single lane and one for a widened section near the intersection with Barker (by DEA) • Four for Barker Road— one at the southerly end, one at the northerly end, and one at each of the ramp terminals (by HDR) • Two for proposed E. Wellesley Avenue (by HDR) • One for the N Flora Road cul-de-sac (by HDR) • Two more for other miscellaneous roads as necessary ASSUMPTIONS • Typical Sections for alternative intersection control (if it becomes a part of the project) are not included. 13.3 Develop Pavement and Facility Removal/Demolition Plans (Future Supplemental Agreement) 13.4 Interchange Plans for Approval (3 sheets) DEA will prepare Interchange Plans for Approval including the interchange main line, crossroad, and ramp layouts. Design speeds for mann Line and crossroads; bearings, grades, curve data for main line, ramps, and crossroads; number and widths of lanes; superelevation diagrams for roads and ramps; existing/proposed right-of-way; finish contours, etc. as detailed in section 1360.07 "Interchange Plans for Approval" of WSDOT's Design Manual will be included in these plan sheets. 13.5 Develop Roadway Paving Pian and Profile Sheets (62 sheets) The CONSULTANT team will prepare roadway paving plan and profile sheets that will also depict drainage elements designed for the project, proposed right-of-way and easements limits, and existing utilities. Separate sheets will be generated for the paving plan and profile views rather than having plan and profile shown on the same sheet. The CONSULTANT team will develop the proposed vertical alignment within the proposed grade separation and interchange project limits. This task also includes developing the prelitninary roadway section templates required for the project in InRoads and establishing roadway cross sections. Super - elevation data (shown as super -elevation diagrams on the profile sheets) will be included to meet current WSDOT and AASHTO Standards. This task also includes modeling the project in an attempt to get earthwork to balance as close as possible or to reduce import or export of material, providing roadside design services, and providing the level of effort to determine right-of-way need lines. DELIVERABLES • Roadway paving plan sheets and profile sheets estimated as follows: Street Name Platt Profile SR 290 - DEA 8 8 WB On Ramp - DEA 0 4 WB Off Ramp - DEA 0 5 EB On Ramp - DEA 0 4 EB Off Ramp - DEA 0 5 Barker Road North - DEA 3 3 Barker Road south - HDR 3 3 E. Wellesley Ave - HDR 7 7 N. Flora Road - HDR 1 I TOTAL, 22 40 ASSUMPTIONS • SR -290 and Ramps will be at 1"-40' scale City of Spokane Valley Page 30 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Barker Road, Wellesley Avenue, and Flora Road and other local roads or approaches will be at 1"=40' scale 13.6 Develop Drainage Plans for SR 290 and Local Roadways (6 sheets) HDR will develop drainage design depicting existing and proposed drainage courses, storm sewer systems, stormwater treatment facilities, ponds, catch basins, etc. Drainage facilities will be designed so their conceptual limits are established and required right-of-way needs can be factored in to project cost estimates. The final design elements and specifics of the drainage facilities will be detailed under Final Design and PS&E. ASSUMPTION • Drainage facilities (other than grass swales and drywelis) will be shown on standalone drainage sheets. Swales and diywells layouts will be shown on Paving Plans and detail sheets. • Since most of the drainage facilities are going to be grass swales and drywells, only six (6) Drainage Plan Sheets are anticipated. • Station and offsets, pipe slopes, lengths, invert elevations, and labels will NOT be completed at this stage. 13.7 Hydraulic Report HDR will prepare a .drainage report in conformance with the WSDOT Hydraulic &.Highway Runoff Manuals and the Spokane Regional Stormwater Manual. HDR will document the existing conditions and delineate the existing drainage basins. HDR will delineate the proposed drainage conditions and document the proposed conveyance, treatment, and flow control of stormwater within the drainage report. DEA will perform a quality control review of the draft and final report prior to submittal. ASSUMPTIONS • Swales with diywel]s will be the typical treatment and flow control method of stormwater • Detention facilities are not needed for the project • Storni drains may be needed to intercept runoff on the bridges to limit spread width • Storm drain system will not be needed on Wellesley Avenue. Runoff will enter the roadside swales via curb cuts or inlets under the sidewalk. No closed pipe system will be required. • A limited storm drain system may be needed for the ramps to limit spread width and convey drainage to the interchange gore areas. • Existing runoff' from the north appears to be conveyed to the south to the existing BNSF right-of- way. This existing condition can be perpetuated by extending culverts under the interchange ramps or new pipes installed to maintain existing drainage pathways. • New treatment and flow control areas for the interchange ramps and bridges will be within the gore areas between SR 290 and the interchange ramps. DELlVERASLE_S • Draft Hydraulic Report documenting the existing and proposed drainage conditions including hydrologic and hydraulic calculations, basin ,naps, photos, and details (PDF) • Final Hydraulic Report documenting the final configuration and drainage facilities (PDF) 13.8 Develop Channelization, Pavement Marking, Signing, and Sign Structure Plans (22 sheets) DEA will prepare channelization pavement marking plans indicating locations for channelization and pavement markings. These plans will be created from the paving plan sheets and at the same scale so that the same match lines are carried through the plan set for clarity and efficiency. DEA will include on the plans signing and sign structure design indicating locations for proposed signs, instructions for existing signs (remove, relocate or protect), and locations for sign structures. The signing and sign structure plans will be developed in enough detail to depict sign and sign structure locations along with their legends. City of Spokane Valley Page 31 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 ASSUMPTIONS • Sighing and Sign Structure Details will not be included in this set of plans but will be developed for Final Design through a future Supplemental Agreement. 13,9 Intersection Control Plans (9 sheets) DEA and HDR will finalize the Intersection Control Plans and Details. Intersection Control Plans will be prepared for the: 1) Barker Road/Wellesley Avenue (HDR), 2) Barker Road/SR 290 EB Ramps (DEA), and 3) Barker Road/SR 290 WB Ramps (DEA) intersections. The Barker Road/N Vista Grande intersection will likely be stop -controlled and additional detailed plans will not be necessary for it. Traffic Signal Plans are proposed at the three (3) intersections and will include: 1) signal equipment layout, 2) conduit and conductors, and 3) illumination, power source(s) as coordinated with electric utility. For the Intermediate Design submittal, the traffic signal plans will include limited wiring or conductor information and detail and will instead focus on the signal equipment layout including signal standards, signal head location, signal controllers and service cabinets, conduit runs, pull boxes, and signal mounted signage. Supporting documentation will be provided including peak hour turning movement volumes, loop placement calculations, left turn phasing analysis, and signal mounting height calculations. Preliminary traffic signal design will be developed on separate Traffic Signal Plan Sheets. ASSUMPTIONS • Limited wiring/conductor design will be completed at the Intermediate Design stage; • Inductive Loop Detection is assumed for signal actuation. • Emergency Vehicle Preemption Detectors will be provided by the City and utilized for this project. • Accessible Pedestrian Signals (APS) will be utilized for this project. • Traffic Signal locations will be identified and laid out sufficiently so that adequate costs of the facilities can be estimated. • The scope and estimate will be revisited if alternative intersection control becomes the preferred alternative. • This task includes coordinating the power source with the utility provider. 13.10 Develop Maintenance of Traffic (MOT) Plans (15 sheets) HDR will prepare preliminary Maintenance of Traffic (MOT) Plans and staging overview plans in accordance with MUTCD and WSDOTI' standards, as appropriate. The plans will depict construction stages, construction signing and other traffic control devices required during construction. Construction drawings will be developed for each stage so that sequential construction of the project can be understood. It is assumed that there will be three major stages as detailed below. ▪ Stage I: Relocate utilities and build new Wellesley Avenue and open it to traffic. • Stage II: W13 Wellesley traffic will continue using the existing Wellesley Avenue bridge to access SR 290 but would use new Wellesley Avenue to access Barker Road. Barker Road/SR 290 and Barker Road/BNSF bridges would be built and the existing Barker Road/SR 290 intersection and the Barker/BNSF at -grade intersection would be closed. This stage would build the new Barker Road/SR 290 interchange ramps, ramp walls, remaining utility adjustments, pertinent SR 290 lane revisions and connections, and Barker Road from Wellesley Avenue to its northerly terminus. The MOT plans will include detour signing. SR -290 will remain open and operational during this stage. • Stage IIT: Complete the new Wellesley tie in to existing Wellesley. This Stage would remove the two (2) existing Wellesley Avenue bridges over BNSF and SR 290; remove Wellesley Avenue's existing connection to SR 290, and SR 290 WB lanes that curve to the north. This stage would also include widening SR 290 for westbound traffic after the existing Wellesley Avenue bridges are removed. This stage would complete Barker Road from Wellesley to its southerly terminus in two City of Spokane Valley Page 32 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 phases. Close the BNSF/Flora Road at -grade crossing and completely open the new facility to traffic. Based on the phasing detailed above, the following sheets are anticipated: Sheet Name No. MOT Index 1 MOT Summary 1 MOT Stage I — Overview sheet 1 MOT - Generic Signing for shoulder work operation (Stage 1) 1 MOT Stage II — Overview sheet 1 MOT --- Typical SR 290 Lane Closure for Constructing the Bridge 1 MOT - Typical Advanced Warning and Detour Sheets 4 MOT Stage III — Wellesley tie in and Flora Closure Detail 2 MOT — Typical Barker Lane Closure for single lane operation (Stage 3) 1 MOT —Detail Sheets 2 MOT/Staging Sheet Total 15 13.11 Develop Illumination Design and Plans (Future Supplemental Agreement) 13.12 Develop Preliminary Utility Plans (Future Supplemental Agreement) 13.13 Develop Bridge Sheets (51 sheets) CONSULTANT will develop structural design to the Intermediate Design completion level. This will include incorporating Interchange and Bridge Alternatives Analysis review comments and developing the gross sizes of the main structural elements. In general, concrete reinforcing and other details will not be complete and will be completed under subsequent tasks. 13.13.1 Barker Road over SR 290 Bridge (by HDR) (24 sheets) • Layout (1 sheet) • General Notes and Geometric Data (1 sheet) • Construction Sequence (I sheets) • Foundation Layout (1 sheet) • Pier 1 Abutment Plan and Elevation (1 sheet) • Pier 2 Abutment Plan and Elevation (1 sheet) • Bearing Details (1 sheet) • Framing Plan (1 sheet) • Typical Section (1 sheet) • Prestressed Girder Details (5 sheets) • Intermediate Diaphragm Details (I sheet) • End Diaphragm Details (1 sheet) • Pedestrian Barrier Details (3 sheets) • Bridge Railing Type BP Details (2 sheets) • Approach Slab Details (3 sheets) 13.13.2 Barker Road over BNSF Bridge (by DEA) (27 sheets) • Layout (1 sheet) • General Notes and Geometric Data (1 sheet) City of Spokane Valley Page 33 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 • Construction Sequence (1 sheets) • Foundation Layout (1 sheet) • Pier 1 Abutment Plan and Elevation (1 sheet) • Pier 2 Plan and Elevation (1 sheet) • Pier 3 Plan and Elevation (I sheet) Pier 4 Abutment :Plan and Elevation (1 sheet) • Bearing Details (1 sheet) • Framing Plan (2 sheets) • Typical Section (1 sheet) • Prestressed Girder Details (5 sheets) • Intermediate Diaphragm Details (1 sheet) • End Diaphragm Details (1 sheet) • Traffic Barrier Details (3 sheets) • Bridge Railing Type BP Details (2 sheets) • Approach Slab Details (3 sleets) ASSUMPTIONS • Deck drains will not be necessary and both bridges will drain to catch basins located outside of the bridge structure in the approaches to the bridges. • Both Barker Rd Over BNSF and SR 290 Bridges: o The bridge design and plan sheet count are based on the 30% BTV configuration. o A single design will be used for the abutments based on the most conservative design loading and geometry from both abutments. • WSDOT BDM Type A End Connections will be used for both Bridges. • Pedestrian barrier with a raised sidewalk is assumed with no barrier separation required between sidewalk and travel lanes. • Architectural treatment will be limited to WSDOT Standard formliner finishes and pigmented sealers only. No public art or other architectural features will be required on the bridges. 13.13.3 Retaining Walls (Future Supplemental Agreement) 13,14 Develop Detail Sheets (Future Supplemental Agreement) 13.15 Prepare Itemized Quantity Takeoff and Cost Estimate Quantity takeoffs for the multiple design tasks will be reported by each task lead and a preliminary cost estimate for the project will be developed. The cost estimate will take into account recent construction project bid prices in the project vicinity. The cost estimate will also include right-of-way costs, construction contingencies, construction engineering, and contractor mobilization. 13,16 Compile and Submit Intermediate Design Package The CONSULTANT team will prepare the Intermediate Design Submittal package based on the City's requirements and WSDOT's Design Manual and submit the package for review and comment. The submittal package for Intermediate Design Review will be compiled by DEA and. will include for CLIENT and WSDOT review: • Intermediate Design Construction Cost Estimate • The Intermediate Design Plans as described above and as summarized in the table at the end of this City of Spokane Valley Page 34 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 document DELIVERABLES: • Intermediate design plans in accordance with the table at the end of this document • Intermediate design cost estimate 13.17 Intermediate Design Review Meeting DEA and HDR will attend the Intermediate Design Review meeting with the CLIENT and WSDOT staff. DEA will also prepare meeting minutes and distribute to the appropriate recipients by email. Prior to the meeting, DEA will assemble the comments received from the CLIENT and WSDOT in a comment response form. The team will address the comments and identify comments that require further discussion at the Intermediate Design Review meeting. The compiled comment form will be provided to attendees at the Intermediate Design Review meeting and the comment forth will be included in the Final Design Review submittal. ASSUMPTIONS • There will be one Intermediate Design Review Meeting lasting eight (8) hours • Four (4) DEA staff will attend (Project Manager, Bridge Lead, Transportation Lead, and Traffic Lead) • Three (3) HDR staff will attend (Transportation Lead, Bridge Lead, Local Roadway Lead) DELIVERABLES • Intermediate Design Review Package Task 14.0 RIGHT-OF-WAY AND LIMITED ACCESS ACQUISITION DOCUMENTS (FUTURE SUPPLEMENTAL AGREEMENT) Task 15.0 APPRAISE AND ACQUIRE RIGHT-OF-WAY AND LIMITED ACCESS (FUTURE SUPPLEMENTAL AGREEMENT) Task 16.0 TEMPORARY PROJECT CLOSEOUT The task includes saving and storing electronic media and information in a format that is easily retrievable if the project is put on hold for any time. It also includes storing electronic files and data such that the data is easily re -activated for continuation of design according to CLIENT direction. This task also includes archiving hard copy, financial, and other electronic files for storage and easy retrieval if necessary in the future. ASSUMPTIONS: • DEA will keep the project active on their ProjectWise server for seven (7) -years. Task 17.0 FINAL DESIGN (FUTURE SUPPLEMENTAL AGREEMENT) Task 18.0 PS&E PREPARATION AND SUBMITTAL (FUTURE SUPPLEMENTAL AGREEMENT) Estimated Project Sheet Count City of Spokane Valley Page 35 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Scope of Work Task Number PS&E Anticipated Sheets Estimated No. of Sheets Preliminary Plans Intermediate Plans DEA HDR DEA HDR 12.7.1 Bridge Preliminary Plan - Barker Rd over BNSF 3 12.7.2 Bridge Preliminary Plan - Barker Rd over Barker Road 3 13.1 Index/Vicinity Map 2 9.1.5 Survey Control Sheet 2 13.2 Roadway Typical Sections 0 0 4 4 SR 290 2 SR 290/Barker Road IC Ramps 1 Barker Road 1 1 Wellesley Avenue 1 Flora Rd cul-de-sac 1 Miscellaneous roads 1 13.4 Interchange Plans for Approval 3 13.5 Roadway Paving Plan and Profile Sheets 0 0 40 22 SR 290 Plan 8 SR 290 Profile 8 WB On Ramp Profile 4 WB Off Ramp Profile 5 EB On Ramp Profile 4 EB Off Ramp Profile 5 Barker Roacl Plan 3 3 Barker Road Profile 3 3 E. Wellesley Ave Plan 7 E. Wellesley Ave Profile 7 N. Flora Road Plan 1 N. Flora Road Profile 1 13.6 Drainage Plans for SR 290 and Local Roadways 6 13.8 Channelization, Pavement Marking, Signing, and Sign Structure Plans 22 13.9 Intersection Control Plans and Details 6 3 Barker Road/Wellesley Avenue 3 Barker Road/SR 290 EB Ramps 3 Barker Road/SR 290 WB Ramps 3 13.10 Maintenance of Traffic (MOT) Plans 0 0 0 15 MOT Index 1 MOT Summary 1 City of Spokane Valley Barker Road/BNSF Grade Separation Page 36 Scope of Services November 23, 2016 Scope of Work Task Number PS&E Anticipated Sheets Estimated No. of Sheets Preliminary Pians Intermediate Plans DEA HDR DEA HDR MOT Stage I - Overview Sheet 1 MOT - Generic Signing for shoulder work operation (Stage 1) 1 MOT - Stage II - Overview Sheet 1 MOT - Typical SR 290 Lane Closure for Constructing the Bridge 1 MOT - Typical Advanced Warning and Detour Sheets 4 MOT Stage 11I - Wellesley tie in and Flora Closure Detail 2 MOT - Typical Barker Lane Closure for single lane operation (Stage 3) 1 MOT- Detail Sheets 2 13,13 Bridge Sheets 0 0 27 24 13.13.1 Barker Road over SR 290 Bridge 27 13.13.2 Barker Road over BNSF Bridge 24 Total Sheets per Consultant 3 3 106 74 Total Sheets Per Design Stage 6 180 City of Spokane Valley Page 37 Scope of Services Barker Road/BNSF Grade Separation November 23, 2016 Exhibit B DBE Participation Historical Research Associates - Small Business Enterprise Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 PPvM a 1ni?ni2n14 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. B. Roadway Design Files The electronic format and standards to be provided for this project arc identified in Exhibit A, Scope of Work. C. Computer Aided Drafting Fi les The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Ppvj pr in/Anon-Id D. Specify the Agency's Right to Review Product with the Consultant AGENCY will provide review comments on all milestone deliverables, as identified in Exhibit A, Scope of Work. E. Specify the Electronic Deliverables to Be Provided to the Agency The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency -furnished set -vices and information to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: I6-175 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 R ,vi.sarf 1n/.?n/2nza II. Any Other Electronic Files to Be Provided The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. III. Methods to Electronically Exchange Data E-mail, FTP site, or CD/DVD. WSDOT Form 940-089 EF Exhibit C Page 3 of 4 RPviCPfl 1 n/.2nl2n14 A. Agency Software Suite The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. B. Electronic Messaging System Email. C. File Transfers Format The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Ravicari 4n/?n/7n1d Exhibit D City of Spokane Valley, WA Barker Road/BNSF Grade Separation Phase I - Design Services Project No. 0143 David Evans and Associates, Inc. Direct Classification Hrs. x Rate -• Cost 1 Project Manager 497 $ 66.02 $32,812 2 DEA Transportation Lead 195 $ 66.00 $12,870 3 Transportation QA/QC 82 3 68.00 $5,576 4 Senior Transportation Engineer 227 $ 50.74 311,518 5 Transportation Engineer 112 $ 35.00 33,920 6 Transportation Designer 517 $ 42.00 321,714 7 Traffic Engineer Lead 280 $ 45.50 $12,740 8 Traffic Analyst 244 $ 37.74 $9,209 9 GIS and Graphics Expert 108 $ 36.00 $3,888 10 /Bridge Task Lead 180 $ 62.84 311,311 11 Bridge QC Engineer 112 3 66.80 37,482 12 Bridge Engineer 204 $ 48.66 $9,927 13 Bridge Engineer 202 $ 41.40 38,363 14 Bridge CADD 412 $ 41.20 $16,974 15 Environmental Planning Lead 64 $ 45.30 $2,899 16 Environmental Planner 114 $ 40.30 $4,594 17 Survey Lead 46 $ 44.50 $2,047 18 Project Surveyor 112 3 36.00 34,032 19 Survey Party Chief 66 $ 31.00 32,046 20 Surveyor 62 $ 28.00 31,736 21 Mapping Technician 193 $ 30.00 35,790 22 Administrative Assistant 16 $ 30.60 3490 23 Accountant 26 $ 20.50 3533 4071 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost $ 192,470 3.5% per year @ 0.75 year(s) 35,052 181.82% of Direct Labor 31.0% of Direct Labor $ 197,522 $ 359,135 $ 61,232 $ 420,367 Direct Expenses No. Unit Each Cost Notebooks 20 @ 315 /each $ 300.00 Hotels 5 @ 3120 /day 3 600.00 Parking 10 @ 38 /each $ 80.00 Mail/Deliveries/Fed Ex 8 @ $35 /each $ 280.00 Flights 5 @ 3400 /trip 3 2,000.00 Car Rental 5 @ 350 /day $ 250.00 DEA Per Diem (Full days) 5 @ $64 /day $ 320.00 BNSF Processing Fee 1 @ $775 /each 3 775.00 Traffic Counts Vendor 35,080.00 LiDAR Target material 0 @ 3200 30.00 DEA Mileage 610 miles @ 30.54 /mile 3329.40 DEA Mileage (Survey) 200 miles @ 30.54 /mile $ 108.00 DEA Mileage (Other) 600 miles @ 30.54 /mile 3 324.00 Daviel Evans and Associates Total Subconsultants $ 10,446 $ 628,336 GeoEngineers, Inc. $ 74,224 HDR Engineering, Inc. $ 561,999 Historical Research Associates, Inc. $ 9,472 Subconsu'Itant Total $ 645,695 Direct Expenses Sub -Total (including Subconsultants) $ 656,141 Total Costs $ 1,274,031 Page 1 of 12 61.lPursuits1S1Spokane Valley. City °A'A'ar)2016_RaH_Barker Road lnlerthengelScepe and Fee12016-11-23 Barker Rd - BNSF Grade Separation Phase 1 Final Budget EsLmate.xlsx 11/28/2016 Exhibit D City of Spokane Valley, WA Barker RoadIBNSF Grade Separation Phase 1— Design Services Project No. 0143 David Evans and Associates, Inc. 1 2 a 4 u• 0 7 a 0 10 11 12 13 14 15 11 17 is 19 20 21 22 23 Element a Work Element Project Manager VEA Transportation Lead 0.3 O = o '� ` ma . r6r d w el °-r5 mm r m J u = m t- e y 2 .Y u c9 '26 :�' ` m _ rn G m mm cJ w mvm c .20 w :Qu m Bridge CADD EJ J C a ' > w i e a R 'S t6 W C io m .„or v o a Survey Party Chief �. L �i, -77 �m m .. f �4dm nIstrative Asslslant = wWork q DEA ToiW hrs DEA Total__ 5 Total Total Total Toloi Total Total Total Total Total Total Total Total Total Total Total Tata1 Total Total Total Total Total Total Total Ms hits firs firs hrs 1198 hrt firs hrs hrs firs firs hrs hrs 1190 hrt firs firs hrs hrs hrs firs hrs 132 , 32 16 14 10 20 33 194 226 677 26 26 6 15 B 16 45 34 '8 1 13 1.0 Project Management &QuaFIty Control 1.1 Project Management 132 527,774 1.2 ProjeetWlse and Project Setup 8 4 4 12 4 55,001 1.3 Subconsultnnt Agreements and Coordination 9 8 82.615 1.4 Prepare Project Notebooks 4 2 8 51.871 1.5 Protect Duality Management Plan 2 2 4 2 51.920 1,6 Develop Project CPD Soho -date and Updates 12 8 53,826 1.7 Monthly Progress Reports and Invoices 11 22 33,817 1.8 Project Team Meetiros and Council Meeting Presentations 88 22 16 22 16 22 4 4 536,837 1.9 Duality ControVOuafty Assurance Review 16 80 110 4 B 8 846,767 16 12 4 26 Work Element Total 281 22 82 J tS 22 26 26 112 _ _ 12 12_ _._ _.. 8 3129,431 _ 2,0 Capacity Justification Report 2.1 'Capacity Justification Report 2 16 8 53.736 _ e_. 63,736� Work Element Totitl �2_ 16 8 _ - -- 3.0 Corridor Inventory( Data Collection 3.1 Obtain As-Puilts and Contract Plan Documents 2 2 2 51,019 3.2 Assemble Applicable Design Standards and Policies 1 4 0 2 2 52,425 3,3 UpdateNeny Environmental and Land Use Constraints 2 2 4 51,157 34 Verify Existing Corridor Utilities and Develop Utility Conak9 Matex 3.5 Site Visits to Obtain Additional Information As Needed 4 4 4 4 1 82,079 Work Element Total 7 4 6 ... 6 2 6 4 a ',. � __ .-�-- 37,480 4.0 Geotechnical Engineering 12 4 6 6 4 - 56.082 12 4 .-..6 - 4 —_ - _Work Element Total . 8 5.0 Confirm Planning Framework for the Project (Client & WSDOT) 1 1 4 2 51,364 1 1 4 2 _ Work EirmorttTot*C_.- ._SI, id 6.0 Traffic Modeling & Analysis - - 5,1 Traffic Volumes Data Collection 2 4 - 5700 6.2 Develop Project Methods and Assumptions Document 1 2 -_ 6 4 $1,596 6 3 Travel Demand Forecasting in AM and PM Peak Hours 12 16 8 3S 84 24 76 38 4 261 34,033 6,4 Operational Assessment of Study Intersections S 2011/8095 36 48 511,117 6.5 Collision History Evaluation 12 6 6 82,937 6.5 intersection Control Anetysis for Prbjetl Intersections 8 0 36 24 510 179 9.7 Draft Traffic Operational Analysis Report 2 2 16 12 6 55,343 6.8 Final Traffic Operational Analysis Report 2 2 5041 6 _ — 114 108 20 537.831 Work Element Total 4 Page 2 of 12 M,IPurimantopokene Vater . City0Fwontg10 ROY413.rker Rad lmerchorgeL.mpe 0,4 Feet2010.11-^= Barker Rd. 3NSF Grade sepsrAon Plum 1 Find Budget E.9rnaw.4ex Printed: 11338 2016, 2:35 PM David Evans and Associates, Inc. l 2 3 4 8 a 7 8 9 10 11 12 13 14 13 1e 17 1a 19 20 21 22 23 Work Ermrema Work Element * a: iee J �7 0 m it L A tar1 c 1}i m >r C 44 a W �y Y +t 6 as L"' r' I 8 W 13, u5 n m C 2C uci v C Wr' o _ 4i >� g g C ,- a . 5M. f M. 1 Total ' lire DEA -Vital $ Total,, Total, Total To181 Total Total. Total, Total Total Total Total. Tont. Total Tate( Total Total Totat 'Total 'Tont Total Tons Total Total hra hrs hrs 'hrs his ,tri hrs trih1s hes hr3 hes hrs hrs hes hrs hra hiss hrii 'hri Om 1rs hrs 94 12 106 50 78 1 46 179 165 75 i 173 ii 46 1 465 20 55 8 16 - 26 125 7.0 Public hrvolvement Program 7,1 Public Open House 18 20 20 10 16 10 516,030 72 Property Owner Contatt Meetings 4 8 61,924 WeekelselaelerMer o:24_ -20' 40 15 • is, $1791?4 _20' 8.0 NEPA Documentation 8.1 Environmental Slud;es 8 26 26 58,096 8.2 Environmental Technical Memoranda 30 48 510,605 8.3 NEPA Categorical Exclusion Documentation (CEA) Form 40 55,196 Wedc19446065130141. -6 66 a34 9.0 Surveying 9.1 Develop Control Network 10 13 20 44 42 36 617,153 9.2 Aerial LIDAR Collection 4 6 10 10 45 57,592 9.3 Perforin Boundary/Right-of-Way Surveying _ 13 64 10 10 82 519,253 9.4 Prepare Final Bose Mapping Products 4 10 2 30 54,871 WOrkEkinlintTailli tO 44 400 e6__ ;-.._.104. S 10.0 Alternatives Analysis - Interchange & Bridge Configuration 10.1 Develop Alternative Alignments - I!C and Bridge Ahematives 8 4 4 4 53,760 102 Evaluate Alternatives Traffic Impacts 2 1 6 18 24 4 37,288 10.3 Develop Alternative Coats 2 2 4 31,548 10.4 Develop an Allema8ves Evaluation Matrix 8 4 2 2 53,027 10.5 Develop Alternatives Evaluation Report 6 4 2. 4 8 2 34,217 4,40rk9attnrttTo4ai_20 17-__:4 12.._ 72- __.4 ___22_ __$_._ 6 30 __$1U40 11.0 BNSF Coordination & Submhta(s 11.1 Prepare Temporary Occupancy Application & Safety Plan 2 4 51,223 112 BNSF Design Phase A Package (Concept Railroad Submittal) 6 8 16 $4,990 11.3 BNSF Design Phase B Package (30% ReIroad Submittal) 4 8 32 44 88 56,694 __712_ alatnaniToaat 412.102 -_1Q._- . 12.0 Refine BTV 30% Design and Design Approval 12.1 Refine BTV 30% Design Typical Sections (Deleted) 122 Refine ITV 30:5 Design SR 200 S Interchange Ramp Plans (Deleted) 12.3 Refine BTV 30% Design Local Roadway Plans (Deleted) 12.4 Refine BTV 3005 Design Ulll1y Plans (Deleted) 125 Refine BTV 30% Design Pavement Channeli2t{0n Plana (Deleted) 12.6 Prepare Bridge and Wall Stmcturea Type Ahematived Analysis 4 16 36 35 8 160 136 315,533 12.7 Prepare Bridge Preliminary Plan (6 bridge sheets) 6 16 24 24 60 Si9,383 12.8 Prepare Cost Estimates for Refined BTV 30% Design (Deleted) 12.9 Submit Refined STV 30% Design Package (Deleted) _ 2 2 3199 12.10 Refined BTV 30% Design Review Meeting (Deleted) 2 2 5190 12.11 Prepare Basis of Design Memorandum 2 4 10 20 2 2 2 42 42 ag�a 56,048 12.12 Design Approval Memorandum 2 4 12 20 2 2 55,972 ,68 - ~tamale Tote 14 6 22 40 •4 34 80 60 - .E 547,343 Page of 12 M1Puneurm05potane Vary. Chy n7Went20i0_11 Barrer Rud lnterchanmlSmpe and Feel2015.11-= Inter Rd- DNS F Grade Separation Phase 1 FIrW audper EarrabeNrx Printed: 111282016, 2:35 PM David Evans and Associates, Inc. 1 2 3 4 a a 7a o 10 11 to 13 14 15 15 17 13 10 20 21 22 23 Work Element p Work Element m' 8 SEA Transportation Lead 1m z 1- Senior Transportation Engineer rensportaGen Engineer Transporta[an Designer Traffic Eng:neer Lead Traffic Analyst GIS end Graphics Expert b ae ' m Bridge QC Engineer Bridge Eng ne er a w $ fp GGvo eCpyE P. m ulr" A •y`-, v i• m Project Surveyor q t a c en ri G cit L. r a1 n M w E .4 — — v q DEA Total hrs DEA Total $ Total Total Total Total Total Total Total Total Total 701al Total Total Total Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs 8 42 42 544 24 a 155 91 32 10 600 52 28 56 1682 36 36 13.0 intermediate Design Documents 131 Index/Vicinity Map (2 sheets) 2 1 1 4 01.335 13.2 Roadway Typical Sections (8 sheets tar 15 Typical Sections} 3 3 6 30 56.296 13.3 Pavement S Faciilty Removal/Demolition Plans (Future Supl. Agrmnt) 13.4 Interchange Plans for Approval (3 sheets) 3 6 9 24 56,603 13.5 Roadway Paving Plan and Profile Sheets (62 sheets) 34 68 102 340 884,034 13.6 Drainage Plana for SR 290 and Local Roadways (6 sheets) 12 6 6 04,763 13.7 Hydraulic Report 8 $1,683 13.8 Chann. Pavement Mkg, Signing. Sign Structure Plans (22 sheets) 11 1 4 22 11 40 66 021,054 13.0 Intersection Control Plans (9 sheets) 6 1 4 10 10 30 30 512,654 13.10 Maintenance of Traffic (MOT) Plans {15 sheets) 8 8 16 55,968 13.11 (rumination Design and Ptans (Future Supl. Agrmnt) 13.12 Preliminary Utility Plans (Future Supl. Agrmnt.) 13,13 Bridge Sheets (51 sheets) 13.13.1 Barker Over SR 295 (Trent) 10 02.005 13.13.2 Barker Over 61451 RR 40 140 140 280 885,721 13,13.3 Retaining Walls 1 through 6 13.13.4 Retaining Wall 7 (Rock CW) 18.74 Detail Sheets (Future Supl. Agrmnt,) 13.15 Prepare Itemized Quantity Takeoff and Cost Estimate 4 8 8 24 4 2 2 58,227 13.16 Compile and Submit Ihterme4l$te Design Package 8 4 8 4 4 54,413 13.17 Intermediate Design Review Meeting 8 16 9 8 8 8 519,030 451 78 100 4 60 140 142 288 ____. _______ Work Element Total 107 118 168 40 _MVO 14.0 ROW & Limited Access Acquisition Docs {Future Supt. Agrmnt) Work Element Total 15,0 Appraise S Acquire ROW & Limited Access (Future Sept Agrmnt.) Work Element Total 14.0 Temporary Project Closeout 8 8 12 4 4 56,376 8 8 12 4 _ 4 �,� 56,375 _ Work Element Total _— — _ —__ _ 17.0 Final Design (Future Supl, Agrmnt.) _M1!orkEYatantTau..—.,._ __ 10.0 PS&E Preparation and Submittal {Future Supt. Agrmnt) Work Element Total EXPENSES1 010446 PROJECT WORK ELEMENTS TOTALS 497 195 82 337 112 517 200 244 108 100 112 204 202 412 64 114 46 112 66 62 193 10 26 4071 5028,336 Page 4 of 12 M:Wuraultel515pakane Valley, CM o8Won12015 Ral_axlmr Read a terche,gel8cope end 1.502110.11-9 Marker Rd -357F Crede Seperaao, Phase 1 Final 3udoot Esurria . is r Printed: 1112812016, 2:35 PM Exhibit E City of Spokane Valley, WA Barker Road/BNSF Grade Separation Phase 1— Design Services Project No. 0143 GeoEngineers, Inc. Direct Classification Hrs. x Rate = Cost 1 Associate 22 $ 50.40 $1,109 2 Senior Engineer 16 $ 43.69 $699 3 Senior Geologist 12 $ 54.50 $654 4 Project Engineer 2 86 $ 37.26 $3,204 5 Engineer3 36 $ 29.52 $1,063 6 Engineer 1 92 $ 24.77 $2,279 7 Senior Technician 10 $ 22.60 $226 8 Technician 40 $ 18.27 $731 9 GIS Analyst 1 Developer 14 $ 34.85 $488 10 Administrator 3 20 $ 20.00 $400 11 Administrator 2 27 $ 18.00 $486 Total Hrs. 375 Salary Cost $ 11,338 Salary Escalation Cost (estimated) Escalation - % of Labor Cost per year @ year(s) $0 Total Salary Cost $ 11,338 Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 212.67% of Direct Labor 30.0% of Direct Labor $ 24,114 $ 3,402 $ 27,515 Direct Expenses No. Unit Each Cost In-house Drilling 1 lump $9,194 $ 9,194.00 In-house Laboratory Services 1 lump $5,026 $ 5,026.00 Field Equip. (iPad/GPSJTruck) 1.5 day $100 $ 150.00 Subcontractor Costs Traffic Control 2 days @ $1,000 day $ 2,000.00 Backhoe Services 2 days @ $1,500 day $ 3,000.00 Drilling (Air Rotary) 1 lump $15,000 $ 15,000.00 Markup 0.05 $1,000 GeoEngineers, Inc. Total Page 5 of 12 $ 35,370 $ 74,224 11/28/2016 61:4Pursolts4SiSpokane Va1'ey, City or,Nonl2016_Ra H_Barker Road Interchange\Scope and Fee1201611-23 Barker Rd - BNSF Grade Separation Phase 1 Final Budget Estimate xlsx Exhibit E City of Spokane Valley, WA Barker RoadIBNSF Grade Separation Phase I — Design Services Project No. 0143 GeoEngineers, IIIc. 1 2 3 4 5 6 7 5 9 10 11 Work Element# Work Element c� o . Senior Engineer 51 O o o r9 O ) N N N c m LI v o a el d1 g En w Engineer 1 Senior Technician Technician IG1S Analyst ! Developer Administrator 3 N O 0 47 E ¢ GEO Total hrs GEO Total $ Total Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs 375 375 4.0 Geotechnical Engineering 22 16 12 86 36 92 10 40 14 20 27 $38,854 Work Element 22 16 12 86 36 92 10 40 14 20 27 $3�,1�R 4 EXPENSESTotal 535,370 PROJECT WORK ELEMENTS TOTALS 22 16 12 86 36 92 10 40 14 20 27 375 $74,224 Page 6 of 12 11/2812016 1.,1.1PursultskS1Spokane Valley, City of Won12016_RaH_Barker Road Interchange1Scope and Fee12016-1123 Barker Rd - BNSF Grade Separation Phase 9 Final Budget Es6mate,xlsx Exhibit E City of Spokane Valley, WA Barker Road/BNSF Grade Separation Phase 1- Design Services Project No. 0143 HDR Engineering, Inc. Direct Classification Hrs. x Rate = Cost 1 Principal In Charge 12 $ 91.35 $1,096 2 Transportation Lead (HDR PM) 431 $ 53.17 $22,916 3 Roadway QA/QC 110 $ 78.66 $8,653 4 Roadway / Utilities Lead 612 $ 50.00 $30,600 5 Roadway Design Engineer II 319 $ 37.32 $11,905 6 Roadway Design Engineer I 149 $ 26.65 $3,971 7 Civil Designer IV 673 $ 40.72 $27,405 8 Hydraulic Engineer 104 $ 70.00 $7,280 9 Maintenance of Traffic Lead 120 $ 50.47 $6,056 10 Bridge QA/QC 142 $ 71.47 $10,149 11 Senior Bridge Engineer 406 $ 61.54 $24,985 12 Bridge Engineer 236 $ 43.75 $10,325 13 Bridge CAOD 288 $ 45.55 $13,118 14 BNSF Lead 126 $ 94.85 $11,951 15 ROW Principal 0 $ 75.17 $0 16 ROW Task Lead/Acquisition Agent 0 $ 40.88 $0 17 ROW Relocation Agent 0 $ 45.63 $0 18 ROW Technician 0 $ 23.36 $0 19 Controller 54 $ 23.00 $1,242 20 Project Assistant 42 $ 20.36 $855 Total Hrs. 3824 Salary Cost $ 192,508 Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 3.5% per year @ 0.9 year(s) 149.69% of Direct Labor 31.0% of Direct Labor $6,064 $ 198,572 $ 297,242 $ 61,557 $ 358,799 Direct Expenses No. Unit Each Cost Printing (8.5x11) (B&W) 2000 pages @ $0.05 /page $ 100.00 Printing (11x17) (B&W) 4000 pages @ $0.10 /page $ 400.00 Printing (11x17) (Color) 1000 pages @ $0.32 /page $ 320.00 Printing (22x34) (Color on foam boar 6 pages @ $37.00 /page $ 222.00 Reports reports @ $15.00 /report $ - Plans 0 sets @ $2.00 /set $ - Parking 12 @ $40.00 $ 480.00 MaillDeliveries/Fed Ex 40 @ $5.00 $ 200.00 Airfare (Portland to Spokane) 1 trips @ $300.00 $ 300.00 Airfare (Seattle to Spokane) 2 trips @ $300.00 $ 600.00 Mileage 2,500 miles @ $0.54 /mile $ 1,350.00 Lodging 3 nights @ $159.00 /night $ 477.00 Car rental 3 days @ $60.00 /day $ 180.00 Subtotal $ 4,629 HDR Engineering, inc. Total $ 561,999 Page 7 of 12 11/28/2016 MiPursuits151Spokare Va'ley, City a11Wan12016_RaH_Baaer Road Inlerchange\Scope and Fee12016-11-23 Barker Rd - BNSF Grade Separation Phase 5 Final Budget Estimate.xlsx Exhibit E City of Spokane Valley, WA Barker Road!BNSF Grade Separation Phase 1— Design Services Project No, 0143 HDR Engineering, Inc. + 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 Wnrtr Element p Work Element (Principal In Charge Tiansportation Lead (HDR PM) Roadnay QNQC RoadNay!Unties Lead m ._ is w Roadway Design Engineer I JI O N 3 S 'rU Hydraulic Engineer 1Ma'ntenance of Traffic Lead OONO afiplJB d I t5 lc co c N O w` rn v m Bridge CADD BNSF Lead ROW Principal ROW Task LeadlAcqulsiton Agent ROW Relocation Agent ROW Technician a 5 0 N a m o o_ HDR Total hrs HDR Total 5 Total Total Total Total Tota Total Total Total Total Total Total 'Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs 88 56 2 4 12 12 33 127 280 614 2 2 4 4 4 18 16 46 25 25 4 4 1.0 Project Management & Quality Control 1.1 Project Management 88 313.525 1.2 ProjectWlse and Project. Setup 16 24 16 55.101 1.3 Subconsultant Aoreoments and Coordination 2 3307 1.4 Prepare Project Notebooks 4 5615 1.5 Project Quality Management Plan 4 4 4 51.905 1.6 Develop Protect CPD Schedule and Updates 12 51.944 1.7 Monthly Progress Reports and Invoices 11 22 '53.209 1.8 Project Team Meetings and Council Meeting Presentations 33 28 28 38 £24.373 1.9 Duality Control/atality Assurance Review 8 4 110 142 16 557,582 __.�.._ _...—_.. 142 28 38 46 36 _4 -- Work Element Total 12, 174 11t3 20 —_.. $10$,462 2.0 Capacity Justification Report 2 5307 2.1 Capacity JustificationReport - — 5307 _. Work ElemeM'Total ,2 _. 3.0 Corridor inventory/ Data Collection 3.1 Obtain As-Sullts and Contract Plan Documents 4 _ 55015 3.2 Assemble Applicable Design Standards and Policies 4 6615 3.3 Update/Verity Environmental and Land Use Constraints 4 5615 3.4 Verify Existing Corridor Utilities and Develop Utility Conflict Matrix 12 6 52,713 3.5 Site Visits to Obtain Additional Information As Needed 8 8 52,576 24 14 8 $7133 Work Element Total 4.0 Geotechnical Engineering 2 8 16 $4,301 2 8 16 -__ _ 54,301 _ '..,,,_ _ Work Element Total 5.0 Confirm Planning Framework for the Protect (Client & WSDOT) 4 5615 4 5615 Work Element Total - Page 8 0112 11/28/2016 M:1Pursu'it6 S/Spokane Valley, City e6Won52016 RaH_Barker Goad Intercnango\Swpe and Fe42616.11.23 Barker Rd - BNSF Grade Separation Phase 1 Final Budget Entlmatc.otrn HDR Engineering, nC.. 1 2 3 4 5 a 7 0 0 10 11 12 13 14 1s 16 17 15 19 25 Work Element 0 Work Element Principal In Charge J 0 W n w n f- . W _ cc J It ms m cc Roadway Design Engineer 11 m n_ W t' pc w > M V d .2 "6 c ` c c Iv m [[[333 rmn i I m U to BNSFLead a ROW Task LeadFAcqulsfik n Agent IRON! RelocationAgenl m a m m Q 3' 5 HDR HDR Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs NS hrs hrs hrs hrs hrs hrs hrs Total his Total S 2 2 4 60 28 4 4 376 32 48 40 499 24 102 156 _2&2_ 6.0 Traffic Modeling & Analysis 6.1 Traffic Volumes Data Collection 6.2 Develop Project Methods and Assumptions Document 6.3 Travel Demand Forecasting in AM and PM Peak Hours 6.4 Operational Assessment of Study Intersections & Corridors 6.5 Collision History Evaluator 6.6 Intersection Control Analysis for Project Intersections 6.7 Draft Traffic Operational Analysis Report 2 5307 6.8 Final Traffic Operational Analysis Report 2 5307 Work Element Tota! 4 .5618 7.0 Public involvement Program 7.1 Public Open House 8 _ 16 36 57,478 7.2 Property Owner Contact Meetings 16 12 54,197 24 WorkMame ntTotal 2888 50-674 8.0 NEPA Documentation 8.1 Environmental Studies 8.2 Environmental Technical Memoranda 8.3 NEPA Categorical Exclusion Documentation (CED) Form Work Element Total 9.0 Surveying 9.1 Develop Control Network 9.2 Aerial LUDAR Collection 2 2 5849 9.3 Perform Boundary/Right-of--Way Surveying 9.4 Prepare Final Base Mapping Products 5849 Work Element'otal �... _ _ _ 2 - 10.0 Alternatives Analysis - Interchange & Bridge Configuration 10.1 Develop Altema0ve Alignments - IIC and Bridge Altematves 24 60 50 50 160 32 $46.469 10.2 Evaluate Alternatives Trak Impacts 10.3 Develop Altema0ve Costs 4 4 16 8 54,359 10.4 Develop an Altematives Evaluation Matrix 8 32 8 57.281 10.5 Develop Alternatives Evaluation Report 4 32 4 55,957 work Element Total 46 120_ 68 _50_ 52 _564.065 _160 11.0 BNSF Coordination & Submittals 11.1 Prepare Temporary Occupancy Application & Safety Plan 2 2 2 16 2 55,289 11.2 BNSF Design Phase A Package (Concept Railroad Submittal) 24 24 2 2 16 4 30 518,270 11.3 BNSF Design Phase B Package (3095 Railroad Submittal) 32 32 4 4 20 16 8 40 528,140 Work Element Tota! 58 58 8 8 38 16 12 86 2 _ 561,699 Page 9 of 12 11/28/2016 M7Pumuks\SlSpokano Vofley, Ctty o1W on12016_RoH_Barker Road fmorchangelS000e and Feo12016-11-23 Darker Rd -13N57 Grade Separation Phase 1 Final Budget Ee9maie.+dax HDR Engineering, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 20 Work Element 8 Work Element aii `� E. Transportation Lead (HDR PM) rss $ cc ria Si a xmx @ 'Roadway Design (Engineer II IRoadray Design Engineer I r U Hydrau[io Eng!neer i= `g C m 3 ?mss m m cR y w '� E U m 'BNSF Lead a. ce ROW Task Lead/Acquisition Agent ROW Relocation Agent C k- be `m U - n o` HDR HDR Total Tata! Total Thiel Total TOW Total Total Total Total Total Total Total Total Total Total Total Total Total Tata] hrs hrs tits hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Total hrs Total 5 120 106 6 6 238 100 440 120 204 60 302 536 146 52 26 1984 36 36 12.0 Refine BTV 301t Design and Design Approval 12.1 Refine BTV 30% Design Typical Sections (Deleted) 122 Refine BTV 30% Design SR 290 & Interchange Ramp Plans (Deleted) 12.3 Refine BTV 30% Design Local Roadway Plans (Deleted) 12.4 Refine BTV 30% Design Utility Plans (Deleted) 12.5 Refine BTV 30% Design Pavement Channelization Plans (Deleted) 12.6 Prepare Bridge and Wall Structures Type Alternatives Analysis 4 4 60 32 20 518.543 12.7 Prepare Bridge Preliminary Plan (6 bridge sheets) 4 4 30 8 60 315.466 12.8 Prepare Cast Estimates for Refined BTV 30% Design (Deleted) 12.9 Submit Reined BTV 30% Design Package (Deleted) 12.10 Refined BTV 30% Design Review Meeting (Deleted) 12.11 Prepare Basis of Design Memorandum 2 2 2 5951 12,12 Design Approval memorandum 2 2 2 5951 work Element TOta1 12 _13 94 40 80 -.,_.S35,9112 13.0 Intermediate Design Documents 13.1 IndexNlolnity Map (2 sheets) 132 Roadway Typical Sections (8 sheets for 15 Typical Sections) 5 40 55 513,091 13.3 Pavement & Facility RemovallDemolltion Plans (Future Supl. AgmmL) 13.4 Interchange Plans for Approval (3 sheets) 13.5 Roadway Paving Plan and Profile Sheets (62 sheets) 22 176 25 25 192 556,377 13.6 Drainage Plans for SR 290 and Local Roadways (6 sheets) 6 16 14 12 24 48 518,214 13.7 Hydraulic Report 4 20 80 40 20 40 525.830 13.8 Chann, Pavement Mkg, Signing, Sign Structure Plans (22 sheets) 13.9 Intersection Control Plans (9 sheets) 4 24 4 4 24 57.694 13.10 Maintenance of Traffic (MOT) Plans 05 sheets) 4 76 100 120 538,323 13.11 Illumination Design and Plans (Future Supl. Anrmnt) 13.12 Preliminary Utility Plans (Future Supl. AOrmnt) 13.13 Bridge Sheets (51 sheets) 13.13.1 Barter Over SR 290 (Trent) 8 8 152 168 200 377,160 13.132 Barker Over BNSF RR 13.13.3 Retaining Walls 1 through 6 13.13.4 Retaining Wail 7 (Rock Cut) 13.14 Detail Sheets (Future Supt. Agrmnt) 13.15 Prepare Itemized Quantity Takeoff and Cost Estimate 2 40 8 8 40 24 24 319,663 13.16 Compile and Submit intermediate Design Package 12 4 4 4 12 4 4 8 56,879 13.17 Intermediate Design Review Meeting 12 8 8 54,113 Work Element Total 7-7 336 271_._93 467 $8 120 1.88 796_ 2p$-- -- ---- $257,343 14.0 ROW & Limited Access Acquisition Does (Future Supt. Agrnnt.) ' Work Element Total 15.0 Appraise & Acquire ROW & Limited Access (Future Supt. Agrrent) Work Element Total 16.0 Temporary Project Closeout 8 8 B 8 4 54.396 Work Element Total 8 8 B -' 8 4 54.396 Page 10 of 12 11128)2016 M:PuraulteeS)Spokane Valley, City otWon42016_RaH_Barker Read InterchangeSScope and Fee52016-11-23 Barker Rd - BNSF Grade Separation Phase 1 Final Budget Eetlmate.Mew FUa s 6 r 6 3 18 11 2 3 14 15 17 ,E 19 2i DR Ellgineerin9, Inc.1 2 Work Element 6 Work Element c in d Transportation Lead tHDR PM) c d U 4 Roadway f Utifties Lead c = Oz Kut Roadxay Design Engineer ( ICivit Designer IV Hydraulic Engineer m o c N m °'i C GYT m` Senior Bridge Engineer 61G Lu m L_ m` Bridge CADD BtySF Lead C 11 ROW Task LeadlAcquisilion Agent ROW Relocation Agent c u H v N 4 a HDR HDR Total $ Total Total T To Total Total Total Total' Total Total Total Total Total Total Tot21 Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs - hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Total hrs 17.0 Final Design (Future SLIM, /kg rmn.) Work Element Total 98.0 PS&E Preparation and Submittal (Future SLIM. Agt'mnt.) Work Element Total EXPENSES .- '4,,-.L_' , PROSECT WORK ELEMENTS TOTALS PROJECT 12 4131 110 612 319 149 673 104 120 142 4016 236 258 1.3E 54 42 3624 $50.9'S Page 11 of 12 1112812916 M1PurwtclS\Saokane Valloy. City OSWon12016_RaH_6arkor Road IntorahangelSeepe and Fee12010-11-23 Darker 64- 91,10F Grade Separation Phsue 1 Fatal Bud0et Ectimate.xlax Exhibit E City of Spokane Valley, WA Barker RoadIBNSF Grade Separation Phase 1— Design Services Project No. 0143 Historical Research Associates, Inc. Labor Cate"ory Rate Task 1 Project Management and Coordination Hours Total Task 2 Health � Safety Coordination Flours Total Task 3 Background and Archival Research Hours Total Task 4 Fieldwork Flours Total Task 5 Analysts and Reporting Hours Total PROJECT TOTAL Hours Total Senior Archaeologist• B Hicks 548.62 1 549 2 $97 3 $146 Project Archaeologist- Dampf 527.58 4 6110 2 555 2 555 10 5276 32 5883 50 51,379 Research Archaeologist•5 Tannan S19.93 2 $40 2 640 4 680 10 6199 24 $478 42 5837 GIS Coordinator - G Frarier 528.34 2 657 4 $113 6 $170 Archaeological Technician 520.00 2 540 10 5200 12 5240 Health/Safety Coordinator- J Gilpin 527.99 4 5112 4 $112 Production Asst/Editor • D Voget 624.04 2 548 2 $48 Production Specialist - P Cobb 529.00 3 587 3 $87 Office Manager/Clerical - M Watson $15.00 2 530 1 515 3 545 Project Administrator - B Curtis 526.58 2 553 2 553 Information System Specialist • DMuir 535.81 2 572 2 572 Labor Subtotal 13 5354 10 $247 6 5135 32 5732 68 51,722 129 53,189 Overhead 151.20% 6535 $373 5204 51,106 62,603 54,821 Fee 39.00% $106 574 540 5220 $516 5957 Labor Total $994 5695 5379 $2,058 54,841 58,967 Reimbursable Expense Rate Units Total Units Total Units Total Units Total Units Total Units Total Travel Rental Car 570.00 1 570 1 570 Rental Car Operating Exp/Mile 50.35 40 514 40 614 Shipping 1 Postage 525.00 1 525 1 525 Tablet 520.00 1 520 1 520 Digital Camera Use 1 Day 52.00 1 $2 1 52 Digital Camera Image 50.10 50 55 50 55 CO Born Dala7CD 55.00 2 610 2 510 Report Production 50.15 700 530 200 530 Photocopy (in-house) 50.10 20 52 20 $2 Telephone/Fax 51.00 7 52 1 S1 7 52 2 52 7 $7 Safety Training (BI15F, eRailsafe) 590.00 3 5270 3 5270 Miscellaneous Supplies 55.00 10 650 10 $50 Direct subtotal 52 $270 51 5165 567 6505 TASK TOTAL 5996 $965 5380 $2,223 $4,908 59,472 Page 12 of 12 M.,Pursu-tslS,Spokane Ve'ley, City orallonti?616_Rail_Barker Road Inlerr hangelScepe and Feel2116-11-23 Barker Rd • BNSP Grade Separation Pflase 5 Final Budget Estmate x:sx 11/28/2016 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT small comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they niay be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, 01 national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix 13 of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations ,either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as niay be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 16-175 WSDOT Form 140.089 EF Exhibit F Page 1 of 1 Ravicer! 10/20/71114 fl/2814 Exhibit G Certification Documents Exhibit 0-1(a) Exhibit G -1(b) Exhibit G-2 Certification of Consultant Certification of City of Spokane Valley Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Rot/icor! 10/311/2111d Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 908 N. Howard St., Suite 300, Spokane, WA 99201 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any farm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. David Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: 16-175 WSDOT Porn? 140-089 EF Exhibit G Page 1 of 1 Pavi.carl l lI2f1I%f i4 Exhibit G -1(b) Certification of City of Spokane Valley I hereby certify that I am the: IT City Manager 7 Other of the City ,of Spokane Valley , and the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (daily): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: 16-175 WSDOT Form 140.089 EF Exhibit G Page 1 of 1 Rpvispr! 1n/.4n/2n1e Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. David Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit O Page 1 of 1 Ravi earl lam/m.14 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid. or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any fiords other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with. this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. David Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Pavicarl 1 n/Ln/9n 14 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Barker Road/BNSF Grade Separation Ph. I * are accurate, complete, and current as of November 23, 2016 *. Tliis certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: David Evans and Associates, Inc. Project Manager Signature Title Date of Execution***: *Identify the proposal, quotation, request foo• pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) *Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Pevicerr 1n«ni2n1a Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment, Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant. design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a :settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required.. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: 16-175 WSDOT Form 140.089 EF Exhibit/ Page 1 of 2 Rp V,Cprl 1 nm/7n14 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit! Page 2 of 2 Ravi rf in/An/mid Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. Lithe consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perforin additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step I, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will niet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claire, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: 16-175 WSDOT Form 140.089 EF Exhibit j Page 1 of 2 Rpvicprf 1fI4n/9n14 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/docs not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency fiends. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 16-175 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Ppvi.cari 1n/.2n/2n1d CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: New City Hall — Project Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Multiple meetings, Council retreat 02-17-15; Administrative Report 03-17-15, Motion Consideration 03-24-15, Study Session 09-15-15, Motion Consideration 09-29-15, Interior Discussion 11-18-15, Heating and Cooling Discussions on 12-1- 15 and 12-15-15, Interior and Exterior Discussion 12-29-15, General updates on 01-19-16 and 02-02-16, Final design discussion on 02-16-16 and Approval of City Hall Plan authorization to proceed with bid process on 02-23-16; Admin report on bid results at Council's 4-26-16 meeting; Bid Award on May 3, 2016; Admin Report on Project Update on August, 16, 2016, September 6, 2016, October 4, 2016, and November 1, 2016. BACKGROUND: City Council and staff have been working since early 2015 on the design of the New City Hall building. Construction of the project began on May 31, 2016. Staff will give a brief update on the current status of the project. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The City Hall construction project is anticipated to cost $14.154 million including land acquisition, design services, and construction. This project will be funded through a General Obligation bond which will be authorized by City Council through a separate motion. STAFF CONTACT: Steve M. Worley, CIP Manager Eric Guth, Public Works Director ATTACHMENTS: PowerPoint Presentation S`pokane Valley City Hall Update 1 Spokane _..Valley • Construction Began Schedule May 31, 2016 • Substantial Completion August 31, 2017 • Final Completion September 30, 2017 Project Still on Schedule PUBLIC WORKS DEPARTMENT 01 Sijokane 4_� Valley Progress Week 22 Glu -lam Installation PUBLIC WORKS DEPARTMEN13 Spokane i�Valley i Progress —Week 22 Rigid Insulation — Start of Masonry Work PUBLIC WORKS DEPARTMEN14 Spokane i�Valley Progress —Week 22 Plumbing Rough -In — First Floor North Wing PUBLIC WORKS DEPARTMENT Spokane 4_�� Valley Progress —Week 22 Structural Steel — North Wing PUBLIC WORKS DEPARTMENT S`pokane 1Valley Progress —Week 22 u ,1111_01!! Overall Project Site PUBLIC WORKS DEPARTMEN1 S`pokane Walley Progress —Week 23 Water Utility Connection at Dartmouth Road PUBLIC WORKS DEPARTMENIg Spokane 4_�� Valley Progress —Week 23 Masonry — South Wing PUBLIC WORKS DEPARTMENT S`pokane 1Valley Progress — Week 23 Rigid Insulation and Masonry — South Wing IMF PUBLIC WORKS DEPARTMEN*P S`pokane Walley Progress —Week 23 Glu -lams and Structural Steel — North Wing PUBLIC WORKS DEPARTMEN111 Spokane i�Valley Progress Week 23 Overall Project Site PUBLIC WORKS DEPARTMENT Spokane 4_�� Valley Progress —Week 24 Main Stairway PUBLIC WORKS DEPARTMENT S`pokane Walley 1 Progress —Week 24 Glu -lams & Steel PUBLIC WORKS DEPARTMEN114 S`pokane Walley Progress —Week 24 Interior Metal Framing PUBLIC WORKS DEPARTMENT S`pokane Walley Progress —Week 24 Rigid Insulation & Masonry PUBLIC WORKS DEPARTMENT S`pokane Walley 1 Progress - Building PUBLIC WORKS DEPARTMENY Spokane 4_�� Valley Progress - Site PUBLIC WORKS DEPARTMENT Spokane Additional Information • 40% Schedule Completed • $3,772,600 paid to Contractor (39%) • 75 Requests for Information (RFIs) Answered — 4 Pending • 220 Submittal Packages Reviewed PUBLIC WORKS DEPARTMENT Spokane i� Valley Additional Information Upcoming Activities ■ Final Structural Steel Erection —North Wing ■ Roof—NorthWing 1 • 3rd Floor Decking and Pour —North Wing ■ Exterior Masonry — South Wing ■ Interior Mechanical, Electrical & Plumbing ■ Interior Metal Framing PUBLIC WORKS DEPARTMEN2P Spokane i�Valley Questions? PUBLIC WORKS DEPARTMENT DRAFT ADVANCE AGENDA as of December 1, 2016; 8:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Dec 13, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance 16-018 Comp Plan — Mike Basinger 3. Motion Consideration: Funding Allocation, Lodging Tax — Chelsie Taylor 4. Motion Consideration: Street Maintenance Contract Renewal — Eric Guth 5. Motion Consideration: Street Sweeping Contract Renewal — Eric Guth [due Tue, Dec 6] (5 minutes) (20 minutes) (25 minutes) (10 minutes) (10 minutes) 6. Motion Consideration: Consultant Agreem't Design Barker Rd/BNSF Separation Project — Eric Guth (10 min) 7. Admin Report: Tourism Study — Gloria Mantz, and Mark Goodman, CAI (30 minutes) 8. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 115 minutes] Dec 20, 2016, Study Session Format, 6:00 p.m. 1. Property Crimes, Wa. Assoc. of Sheriffs & Police Chiefs (WASPC) 2. Appleway Trail Update — Eric Guth, Mike Stone 3. Advance Agenda 4. Info Only: Department Reports (normally due for Dec 27 mtg) Dec 27, 2016 — No Meetinji — Christmas Holiday — Mark Werner [due Tue, Dec 13] (15 minutes) (25 minutes) (5 minutes) [*estimated meeting: 45 minutes] January 3, 2017, Study Session Format, 6:00 p.m. [due Tue, Dec 27] 1. Mayoral Appointment: Two Planning Commissioners (3 -yr. terms) (5 minutes) 2. Mayoral Appointment: Two Members for Lodging Tax Advisory Committee (1 or 2 yr. terms) (5 minutes) 3. Mayoral Appointment: Councilmembers to Various Board and Committees for 2017 (10 minutes) 4. Admin Report: Banking Signing Authority — Chelsie Taylor (10 minutes) 5. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 35 minutes] January 10, 2017, Formal Meeting Format, 6:00 p.m. [due Tue, Jan 3] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Proposed Resolution Repealing and Replacing 14-001, Banking Signing Authority — Chelsie Taylor (5 mins) 3. Motion Consideration: Bid Award, Appleway Trail, Pines to Evergreen — Steve Worley (10 minutes) 4. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) January 17, 2017, Study Session Format, 6:00 p.m. [due Tue, Jan 10] 1. Advance Agenda January 24, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports [due Tue, Jan 17] (5 minutes) (5 minutes) Draft Advance Agenda 12/1/2016 1:33:28 PM Page 1 of 2 January 31, 2017, Study Session Format, 6:00 p.m. [due Tue, Jan 241 1. Advance Agenda February 7, 2017, Study Session Format, 6:00 p.m. [due Tue, Jan 311 1. Advance Agenda February 14, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins [due Tue, Feb 71 (5 minutes) (5 minutes) February 21, 2017, Study Session Format, 6:00 p.m. [due Tue, Feb 141 1. Advance Agenda February 28, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 8"' & McDonald follow-up (April, 2017) AWC Citizen Action Days (Feb 15-16, 2017) Oath of Office SCRAPS Update Second Amendment Sanctuary City Term Limits Undergrounding Utility Facilities in ROW Utility Tax Winter Workshop [due Tue, Feb 211 (5 minutes) (5 minutes) Draft Advance Agenda 12/1/2016 1:33:28 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Sullivan Road West Bridge Replacement Project Update BACKGROUND: The purpose of this memorandum is to provide City Council with another update on the status of the Sullivan Road West Bridge Replacement project. This update supplements the October 25, 2016 update. Construction of the new west bridge, refurbishment of the east bridge, and reconstruction of the southbound and northbound approach roadways are generally complete. Since the last update, all permanent lane striping and pavement markings have been placed and all lanes of Sullivan Road and Indiana Avenue are open to traffic during non -working hours. Some lane closures are still being implemented at times during normal working hours to provide construction access to areas adjacent to Sullivan Road. For example, work is underway to remove the temporary wood and steel walkway suspended along the edge of the northbound bridge deck. The new street lighting and pedestrian walkway illumination systems along Sullivan Road have been placed into service. Construction of the decorative block retaining walls and walkway from the street -level north overlook into Sullivan Park is nearly complete. Staining of these walls may be delayed until next spring due to minimum surface temperature requirements for the stain application. The new rock stairway to improve access between the Park and the Spokane River is also nearly complete. Construction of the concrete stairway and sidewalk to connect the Centennial Trail with the street - level south overlook area and remaining sidewalk work along southbound Sullivan Road is anticipated to be complete this week. Restoration work within Sullivan Park is underway. The Contractor has removed the temporary office facilities and staging area fencing. A new water main has been installed from the existing well house to the north edge of the Sullivan Park parking lot, where Trentwood Irrigation District No. 3 will make a connection next year to provide domestic, irrigation, and fire protection water service to the Park. The portions of the Sullivan Park parking lots that were used as staging areas have been reconstructed and paved with new asphalt pavement. Parking lot striping will be placed after the pavement has cured the requisite number of days and as weather conditions allow. As of the end of October, the Phase 2 project was approximately 90 percent complete in terms of constructed value (total dollars earned versus Contract amount). The allotted Contract time expired in late October 2016. We anticipate the Contractor will request additional Contract time related to force account work to repair the east bridge deck. The Contractor may also request additional time for pending change order work and a work suspension to complete weather dependent work in spring 2017. The Contractor's latest progress schedule shows substantial completion in mid-December 2016. However, some of the remaining work depends on minimum ambient and surface temperatures and suitable weather conditions to complete. As such, we are predicting that final landscaping, staining, and final project closeout will occur in spring 2017. The following table provides a general summary of the current project budget status: Revenues: Federal BR Grant State TIB (CN) State FMSIB Grant (10% CN) Utilities City* CH2M Total Funds Available $ 8,000,000 $ 3,500,000 $ 1,605,550 $ 367,782 $ 2,380,834 $ 86,477 $15,934,245 Expenditures: PE RW Phase 1 CN Phase 2 CN Total Est. Expenditures $ 1,824,835 $ 81,503 $ 181,145 $13,846,762 $15,934,245 *Includes estimated revenues from Fund 311 for northbound street preservation work. OPTIONS: Information RECOMMENDED ACTION OR MOTION: Information BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Eric P. Guth, Public Works Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Appleway Shared Use Path Project, CIP #0227 GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council adopted the 2016-2021 Six Year Transportation Improvement Plan on June 23, 2015, Resolution #15-005; Informational Request for Council Action on January 26, 2016 and Admin. Report on February 2, 2016 for the Amended 2016 Transportation Improvement Plan, which included this project. BACKGROUND: The Appleway Shared Use Path Project will construct a one mile asphalt path within the existing Spokane County right-of-way to extend the Appleway Trail from the east side of Pines Rd. to the west side of Evergreen Rd. Project also includes a pedestrian signal at Pines Rd. to support the public walking and biking across the principal arterial. Other improvements include landscaping, trees, lighting and pedestrian amenities (benches, trash receptacles, etc.) along the trail. This project is funded with federal grants and City funds. Public Work's consultant (MIG/SvR) designed the project. Bids were advertised on November 11th and 17th, bid opening is scheduled for Friday, December 9th. A copy of the bid tabulation will be provided for the January 10th Council Meeting for award consideration. OPTIONS: Information Only RECOMMENDED ACTION OR MOTION: Information Only BUDGET/FINANCIAL IMPACTS: The total project budget is $2,134,057. City has been awarded $1,845,959 in federal grants for the project. There are sufficient funds to cover the cost for this project. STAFF CONTACT: Steve M. Worley — CIP Manager Eric Guth - Public Works Director ATTACHMENTS: Vicinity Map FPROJECT LIMITS z Lu w M Mile& ■ sman imustirt•IN: •10 1111111M Num E II IN nime ■ N 1 1' ■ PROJECT LOCATION SPOKANE RIVER SPOKANE COMMUNITY COLLEGE BROADWA WEL EUCLO w I � MISSION MISSION BIROADW SPRAGUE LLE VALLEY, SPRAGUE L TNORPE V LIBERTY LAKE SpEokane 1Valley NON -ROADWAY APPLEWAY TRAIL PHASE 2 PINES TO EVERGREEN VICINITY MAP DRAWN BY: RPB CHECKED BY: RJW DATE: 4/17/2014 DATE: 4/17/2014