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20-059.00 Michael Terrell: Browns Park 2020 Improvements Contract No. 20-059 AGREEMENT FOR PROFESSIONAL SERVICES Michael Terrell Landscape Architecture,LLC THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Michael Terrell Landscape Architecture,LLC,hereinafter"Consultant," jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit B. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31,2021,unless the time for performance is extended in writing by the Parties. MT-LA Agreement.-Browns Park Final Phase Page 1 of 8 Contract No.20-059 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation.City agrees to pay Consultant$25,942.00,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name:Michael Terrell,Principal Phone: (509)720-5000 Phone: (509)922-7449 Address: 10210 East Sprague Avenue Address: 1421 N.MeadowWood Lane, Suite 150 Spokane Valley,WA 99206 Liberty Lake,WA 99019 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs,construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. MT-LA Agreement.-Browns Park Final Phase Page 2 of 8 Contract No.20-059 B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose,distribute, and otherwise use,in whole or in part,any reports, data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date fmal payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. MT-LA Agreement.-Browns Park Final Phase Page 3 of 8 Contract No. 20-059 B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VlI. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attomey's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, MT-LA Agreement.-Browns Park Final Phase Page 4 of 8 Contract No.20-059 Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b) Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or MT-LA Agreement.-Browns Park Final Phase Page 5 of 8 Contract No.20-059 that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor,service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal law. B. Scope of Services and Fee Proposal C. Insurance Certificates pp The Parties have executed this Agreement this U day of (1/ ,20V CITY OF SPOKANE VALLEY Consu t ')/( 911k.. AP/t _ /4111011!,.ar Mark Calhoun, City Manager By: Michael D. Terrell, Principal Its: Authorized Representative ATTEST: lt�4A.GuLtILA__ ilr\f„ Christine Bainbridge, City Clerk: APPROVED AS TO FORM: Office the C fy ttomey MT-LA Agreement.-Browns Park Final Phase Page 6 of 8 Contract No.20-059 Exhibit A—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Consultant,for itself, its assignees, and successors in interest(hereinafter referred to as the"Consultant")agrees as follows: 1.Compliance with Regulations:The Consultant shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Consultant,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Consultant for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4.Information and Reports:The Consultant shall provide all information and reports required by the Acts, the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance:In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine • to be appropriate,including,but not limited to: a.withholding payments to the Consultant under the Agreement until the Consultant complies; and/or b. cancelling,terminating, or suspending the Agreement,in whole or in part. 6.Incorporation of Provisions:The Consultant shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities:During the performance of this Agreement,the Consultant MT-LA Agreement.-Browns Park Final Phase Page 7 of 8 Contract No. 20-059 agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race, color,national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 etseq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed,color,national origin, or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). MT-LA Agreement.-Browns Park Final Phase Page 8 of 8 Exhibit B - Scope of Services and Fee Proposal Michael Terrell■ Landscape Architecture,PLLC 1421 N. MeadowWood Lane,Suite 150 Liberty Lake,WA 99019 (509)922-7449 Date: February 28,2020 Client: City of Spokane Valley,WA Phone: (509)720-5400 Contact: Mr. Mike Stone Fax: (509) 688-0188 Address: 2426 N. Discovery Place Spokane Valley, Washington 99216 Project:2020 Browns Park Improvements, Restroom,Playground and Shelter Project#: 14-0021 Proposed Scope of Services: Scope of Work: Michael Terrell • Landscape Architecture, PLLC (Consultant), DCI Engineers (Civil), KWR Electrical Consultants (Electrical), Dumais Romans Inc. (Mechanical) agree to perform the following Professional Services to the City of Spokane Valley: Project Understanding:Our approach includes the goal of completing the preparation of design and bid documents by June 2020 in order to bid the project and begin construction in late 2020.The MT■ LA team will provide all the necessary labor and material for the preparation of the design and specification documents.The proposed site is an existing park with an existing approved master plan. - The design will include assessment of the existing site and context and the development bid documents for demolition of existing improvements,new playground and safety surfacing,new restroom and utilities,new shelter with lights and associated hardscape and landscape improvements. Tasks LS 1 - � rv� = a N s.,y .if ;Eva0a ion entod AIM; :�, srr s :.�:,a-;t ; .°�:::"..r: a:i w :,A. Review existing site conditions and any available site information. B. Review scope of work and budget. C. Project Management Coordination D. Preparation of SEPA E. Meetings: a. One meeting with city project management staff to discuss schedule and scope of work. t.111-,D'esignpeiiejojj-nitiii - -�_ �_. '::: `: :s,,,,,:e:='b:z ._ ='M - .- ;.�- � .,�. A. Prepare Design Development drawings and preliminary cost estimate based on master plan and scope for review and approval by City of Spokane Valley Parks and other departments as required.Schematic Design to include: PROPOSAL Project:Browns Park Improvements,Playground and Shelter 1 Project#:14-0021 Client:City of Spokane Valley B. Demolition Plan a. Removal of existing playground, hardscape,and improvements as required. C. Site Improvements: a. Playground with poured in place safety surfacing. Two playground concepts with equipment and colors to be discussed and approved. b. Restroom: Pre-Fabricated,Single Family Restroom. c. Picnic Shelter, Large. Match existing installed in 2019. d. Irrigation repair and modification of existing system. e. Planting Plan f. Utility Plans: Civil, water, sewer, electrical. Electrical service and lighting for restroom and shelter. g. Construction Details D. Specifications: a. Technical specifications in CSI format for playground, safety surfacing, landscape, irrigation, shelter, restrooms and other improvements to be included in project manual.Civil, mechanical and electrical specifications will be included on plans. b. City to provide city standard frontal documents. i. Part 1 Introduction ii. Part 2 Bid Proposal Documents iii. Part 3 Contract Forms iv. Part 4 Special Provisions v. Part 5 General Requirements. vi. Part 6 Amendments to WSDOT Standard Specifications vii. Part 7 Wage Rate Information viii. Part 9 Appendix E. Evaluation of Probable Cost: Provide detailed project construction cost analysis based on the Design Development drawings and specifications. F. Comments by staff to be returned to consultant within two weeks of submittal in order to maintain schedule. G. Meetings: a. One coordination/design development meeting with City of Spokane Valley staff. b. One meeting to review City of Spokane Valley design development comments on drawings and specifications. H. Deliverables,24"x 36"drawing sheets(Electronic copies in pdf), letter size specifications: a. 30"x42" Color Rendering of proposed development based on selected equipment and surfacing. b. Design Development drawings,specifications and evaluation of probable costs. c. Revisions of Design Development Drawings based on consolidated review comments by City of Spokane Valley staff. III Construction bo umt nt _g^: :;T;;.yr ,g ,,.r.Sky ":NfP-' PROPOSAL Project:Browns Park Improvements,Playground and Shelter 2 Project#:14-0021 Client:City of Spokane Valley A. Prepare Construction Documents and cost estimate based on approved Design Development drawings and revisions to respond to city staff comments. Design development documents will include: B. Construction Plans for site improvements. Including: a. Grading and staking plans. b. Restroom: Pre-Fabricated CXT,Small Family.Owner furnished and installed. Order form to coordinated by MTLA with City staff. c. Playground with play equipment,safety surfacing and containment curb. i. Play equipment and safety surfacing to be Owner Furnished and installed. d. Picnic Shelter, Large. Owner furnished and contractor installed. Order forms to be coordinated by MTLA with City Staff.Shelters to match existing installed in 2019. e. Irrigation (Mainline, repairs, equipment specification, etc) f. Planting Plan g. Utility Plans: Civil, water, sewer, electrical. Electrical service and lighting for large shelter and restroom only. h. Construction Details C. Preparation of SEPA Checklist for submittal by city staff. D. Technical specifications for playground,safety surfacing, landscape, irrigation,shelter, restrooms and other improvements to be included in project manual.Civil, mechanical and electrical specifications will be included on plans. Civil, mechanical and electrical specifications will be included on plans. a. City to provide city standard frontal documents. b. Part 1 Introduction c. Part 2 Bid Proposal Documents d. Part 3 Contract Forms e. Part 4 Special Provisions f. Part 5 General Requirements. g. Part 6 Amendments to WSDOT Standard Specifications h. Part 7 Wage Rate Information i. Part 9 Appendix E. Cost analysis:Provide detailed project construction cost analysis based on the Construction Documents and specifications. F. Consolidated comments for 100% review by staff to be returned to consultant within two weeks of submittal in order to maintain schedule. a. Consultant team to review city comments, revise plans and respond to comments, questions and direction. G. Meetings: a. Two coordination meetings with City of Spokane Valley staff. b. One meeting to review 100%CD package with staff H. Deliverables, 24"x 36"drawing sheets(Electronic copies in pdf), letter size specifications, 30"x42": a. 100%Construction drawings,specifications and evaluation of probable costs. PROPOSAL Project:Browns Park Improvements,Playground and Shelter 3 Project#:14-0021 Client:City of Spokane Valley b. Revisions of 100%Construction Drawings based on consolidated review comments by City of Spokane Valley staff. c. Final Bid Documents: Construction drawings and specifications that reflect 100% review comments by City of Spokane Valley Staff. ` .-• .\..m'.,v'..,... -::-,vY�' ;r�,yr ,3«° 'L�.�4" ..N`R"vS�wga a'��*�:�' yr• i wl., iAh ,...�� ..4 w S+v. A. Bidding: Project to be bid as one project. a. Plans and specifications to be provided to staff for advertisement and distribution. b. Review and respond to requests from bidders for product substitutions. c. Respond to contractor questions during construction and prepare addenda as necessary and as directed. B. Prepare Conformed Drawings and Specifications. ',:Y.'v >;;•:r9:':�� 'k!};�' .G-.°` �i?w ;�Tr..;..a.� i,�.Yn.---•;��' .�.::•};.p :? ' �`�''��;pp- �x�,.;• rr S�Ca:'C"z•. `'a::'r�_ !''' .,r., .af IV::GiVilEiigi yper n' ,: . , -u_.,.F.x b..:'-4:,s�m_`F"ti. '....4'13°••F �RI' � 'P::..' A. Basic Design Services for engineering including: a. Site utility plan for water and sewer service for new restroom. b. Civil cost estimating. B. Bidding support t a — ,Of '$dSN-, ."�� '��4 ` ' 1 ... ^',,., t..«-�pl.. . hu_ .. +. ,.r�a.i,�, A4...'�,,h• _ A. Site power distribution to restroom and large shelter. B. Sheet specifications for site electrical. C. Cost estimating for electrical service and lighting. D. Bidding support. •w. a`" ""+ x>3�'.,'t °M�^,.;k•"i a ' 't`' t`�a r yJa°.:"� E: '>• .Vf Construction to 1 � ` try A � fi a ^,14 w .a• i^� 'r yk a.^- d��g,t�'7^ '# .t "�.xy & t St. A. To be contracted separately by City of Spokane Valley. Client Responsibilities: Client agrees to provide Consultant with all information, surveys, reports, and professional recommendations and any other related items requested by the Consultant Team in order to provide professional services. The Consultant Team may rely on the accuracy and completeness of these items; however, it is the responsibility of the Consultant Team to inform the Client of any discrepancies and deficiencies in the data if found to be incorrect. Client agrees to advise Consultant Team of any known or suspected contaminants on the Project Site. Client shall be solely responsible for all subsurface soil conditions. Client to obtain and pay for all necessary permits from authorities with jurisdiction over the Project. Client agrees to provide items described above and reviews of submitted work and render decisions in a timely manner so as not to delay the orderly and sequential progress of the Consultant Team's work. PROPOSAL Project:Browns Park Improvements,Playground and Shelter 4 Project#:14-0021 Client:City of Spokane Valley Estimated Schedule and Budget: Consultant shall render services in an expeditious manner that is consistent with professional skill and care. Events (anticipated or unanticipated) may impact the Project Schedule and/or budget. Client acknowledges that significant changes to the Project or construction schedule or budget, or the Project's scope may require Additional Services of the Design Team. Compensation and Payment: Client agrees to pay Consultant as follows: Browns Park Improvements, Restroom, Playground and Shelter $25,492.00 (includes Civil, Mechanical and Electrical Services) Reimbursable Expenses(estimated): $450.00 Total: $25,942.00 Reimbursable Expenses are estimated and included above. Approved expenses are generally subject to a multiple of 1.1% and include but are not limited to reproduction, postage, authorized travel, and Client requested renderings, models and graphics not listed above. Consultant shall bill the Client for listed services,Additional Services and Reimbursable Expenses once a month on a percentage completion basis.All payments are due to the Consultant upon receipt of invoice. Exclusions: • Additional services proposal will be prepared for services not included in this scope of work. • Community meetings or presentations not listed above. • Construction Administration, Separate Agreement based on defined scope of services provided by City of Spokane Valley to be prepared as time and materials not to exceed.Scope could include: o Construction Administration: Review/process Contractor's submittals and other documents that includes,but is not limited to:shop drawings,product and material data and requests for information/clarifications(BFI's). Services shall include providing responses to Contractor as necessary, review of Owner-prepared change order proposal forms, and reviewing Contractor's proposed costs of Owner-approved changes in the work. b As directed by City staff, conduct a maximum of five (5) site visits to review the progress of the Work and/or attend project meetings as requested by the Owner. Task shall include preparing a written report of each site visit and issuing copies to all concerned parties. Site observations include: o Substantial and Final Completion. As directed by City staff conduct site visits to prepare a separate'punch list'of incorrect and/or incomplete work.Transmit'punch list'to Contractor for review,correction and comment.Prepare'punch list'for Substantial and Final Completion. o Review Operation and Maintenance manuals prepared by Contractor. o Review record documents prepared by the Contractor. • Construction Testing • Revisions to previously approved work. • Additional meetings, presentations,or site visits other than those listed in the Scope of Services. • Additional survey of existing site(s)to determine grades, existing dimensions, property lines,etc. • Civil Engineering: Beyond scope outlined above. PROPOSAL Project:Browns Park Improvements,Playground and Shelter 5 Project##:14-0021 Client:City of Spokane Valley • Electrical Engineering: Beyond scope outlined above. • Geotechnical Engineering. • Hazardous materials testing in advance of demolition. • Preparation of permits e• fees,entitlements or vacations for Rights-of-Way. Signature: /AMP" _ ` Date: 2/28/2020 Michael D.Terrell,ASIA PROPOSAL Project:Browns Park Improvements,Playground and Shelter 6 Project#:14-0021 Client:City of Spokane Valley ACD® YYYY) (MM/DDP �.� CERTIFICATE OF LIABILITY INSURANCE DATE 03/26/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT NAME Karen Bronson CorRisk Solutions P 312-637-8755 °A% Extr WC.180 N Stetson Ave Suite 4500 `�W � Chicago, IL 60601 mu kbronson@corrisksolutions.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER B: Michael Terrell - Landscape Architecture, PLLC INSURER C: 5312 South Chapman Road Greenacres, WA 99016 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD'L SUBR POLICY NUMBER POLICY F�F POLICY EXP LIMITS LTR INSRD WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurance) CLAIMS MADE OCCUR MED EXP(Any one person) DOES NOT APPLY PERSONAL&AND INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 7 POLICY n PROJECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident) ANY AUTO BODILY INJURY(Per person) —ALL OWNED SCHEDULED —AUTOS —AUTOS DOES NOT APPLY BODILY INJURY(Per accident) HIRED AUTOS NON-OWNED PROPERTY DAMAGE(Per acciden AI ITCIR UMBRELLA LIAB _OCCUR EACH OCCURANCE EXCESS LIAB CLAIMS MADE DOES NOT APPLY AGGREGATE DED RETENTION$ WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS'LIABILITY TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICE/MEMBER EXCLUDED? Y/N N/A DOES NOT APPLY t.L.UISESAt-CA (Mandatory In NH)II yes,describe under DESCRIPTION OF EMPLOYEE 111 OPERATIONS below E.L.DISEASE-POLICY LIMIT A Professional Liability 064991268— 01/16/20 01/16/21 Per Occurrence: $2,000,000 04 Annual Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACCORD 101,Additional Remarks Schedule,if more space is required) Browns Park Design CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Spokane Valley THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E. Sprague Ave. AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 6G . ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION.Allrlghts reserved. The ACORD name and logo are registered marks of ACORD ACC�x CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/25/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT USAA INSURANCE AGENCY INC/PHS NAME: 65812846 PHONE (888)242-1430 FAX c,No:(888)443-6112 (A/C,No,Ext): ( ) The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Company 29424 MICHAEL TERRELL-LANDSCAPE ARCHITECTURE,PLLC INSURER B: 5312 S CHAPMAN RD GREENACRES WA 99016-8832 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYYI (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $300,000 PREMISES(Ea occurrence) X General Liability MED EXP(Any one person) $10,000 A X 65 SBA PU5843 01/13/2020 01/13/2021 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO- X LOC PRODUCTS-COMP/OP AGG $4,000,000 JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 65 SBA PU5843 01/13/2020 01/13/2021 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE — N/A OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES 65 SBA PU5843 01/13/2020 01/13/2021 Each Claim Limit $5,000 LIABILITY Aggregate Limit $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 10210 E.Sprague Ave. BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Spokane Valley WA 99206 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD