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HomeMy WebLinkAbout26-081.00 Great Western Installations, Inc. - Balfour Park Playground & Splashpad - CIP #0374Contract No. 26-081 AGREEMENT FOR PROFESSIONAL SERVICES Great Western Installations, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Great Western Installations, Inc., 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 A. 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, 2027 unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 0374 Splashpad Design Agrmt-GW Page 1 of 8 Contract No. 26-081 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 an agreed upon hourly rate up to a maximum amount of $46,519.00 as full compensation for everything done under this Agreement, as set forth in Exhibit A. 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: Marci Patterson, City Clerk Name: Tyler Kyriopoulos Phone: (509) 720-5000 Phone: (435) 760-5103 Address: 10210 East Sprague Avenue Address: 975 S. State Hwy 89 Spokane Valley, WA 99206 Logan, UT 84321 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 Reeardine Debarment, Suspension, and Other Responsibility Matters — Prima 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. 0374 Splashpad Design Agnnt-GW Page 2 of 8 Contract No. 26-081 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. Documents. Drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. City shall be permitted to retain documents, including copies of originals, reproduction quality mylars of maps, and copies int eh 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 that are in the City's possession, and Contractor shall have no liability for the City's use of Contractor's work product outside of the scope of the work product's 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 final 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's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 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. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 0374 Splashpad Design Agrmt-GW Page 3 of 8 Contract No. 26-081 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 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 Consultant's 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 self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 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:V1l. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 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, attorney'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, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to 0374 Splashpad Design Agrmt-GW Page 4 of 8 Contract No. 26-081 property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 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 or arbitration (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. 0374 Splashpad Design Agrmt-GW Page 5 of 8 Contract No. 26-081 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. 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. 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. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by 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 Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. 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, 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. E. 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: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. 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 Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. 0374 Splashpad Design Agrmt-GW Page 6 of 8 Contract No. 26-081 G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant 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; and 49 Part 26; 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 et seq.), (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 U.S.C. §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 0374 Splashpad Design Agrmt-GW Page 7 of 8 Contract No. 26-081 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.). 23. 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. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services and Fee Proposal B. Insurance Certificates The Parties have executed this Agreement this CITY OF SPOKANE VALLEY Jo Hohman, City Manager VED AS TO FORM: the City 0374 Splashpad Design Agrmt-GW Page 8 of 8 /S-M day of j-v—t , 2026. Consultant: Great Western Installations, Inc. By: Tyler Kyriopoulos Its: Authorized Representative June 1, 2026 Glenn Ritter City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA Re: Professional Services Proposal for Balfour Park Splash Pad Glenn, Thank you for the opportunity to submit this proposal for professional services to design the Balfour Park Splash Pad. Great Western Recreation's design team with consist of two sub - consultants. Land Expressions, and Phoenix Engineering and Consulting, Inc. Below are the scope services for each with a total. Time and Materials not to exceed fee of $46,519 Sub -Consultant: Land Expressions Description The project is located at 10S N. Balfour Road, Spokane Valley, WA 99206. The project proposes a new splash pad for Balfour Park centrally located between the new restroom facility to the south, the sport courts to the North, and the existing parking lot to the east. The splash pad is currently at a design development level completed by AHBL and Great Western Recreation and will utilize Water Odyssey spray components. The splash pad is part of a phased design and construction effort for the City of Spokane Valley, and our specific scope is to provide a drawing package suitable to obtain a Department of Health permit and provide site specific mechanical design and piping for a fully functional splash pad. The anticipated timeline to obtain the DOH permit is the fall of 2026 and install the splash pad in the spring of 2027. The city may elect to start some of the construction activities required for the splash pad this fall. City sewer, potable water and power are available in the immediate vicinity of the proposed splash pad. AHBL and the city will provide park utility plans, as-builts and any other relevant documents that should be considered in the design. CAD files will also be provided by the team to the extent available. Per direction, we will explore a prefabricated, buried vault and reservoir system for housing mechanical equipment related to the splash pad. Architectural services are currently not a part of this scope. Splash pad design will consider the following: - Splash pad component and 'creative' design aspect are considered complete - We will work closely with AHBL on the civil and electrical requirements - Recirculating system - Direct discharge to sewer - WSDOH permitting assistance/support - Work with existing utilities available - Great Western Recreation will provide the engineering stamp required to permit the splash pad. Article 1) Scope of Services Land Expressions' proposed scope of professional services includes the following. If additional services are required, please inform us so that we may revise our scope and fees. 1. SCHEMATIC DESIGN a. N/A 2. DESIGN DEVELOPMENT a. N/A 3. CONSTRUCTION DOCUMENTS a. Create base sheet on Land Expressions title block, 24'x36", from existing CAD file site plan and/or topographic & boundary survey developed by AHBL. b. Develop initial equipment layout, pipe routing / pipe schematic and general utility requirements (power, water, sewer) for coordination with other subconsultants. c. Develop an initial splash pad grading plan (spot elevations only) for AHBL to redline. d. Deliverable for Construction Documents include: i. Attend virtual or in -person meetings for plan review and trade coordination as required. ii. Site plan noting key component locations/corridors etc. as noted above, 3b. iii. Initial Grading plan for splash pad as noted above, 3c. Submittal: 90% Construction Documents e. Design based on Team comments and develop supporting details required for construction intent and permitting. Include Great Western / Water Odyssey drawing set in our package for review. Construction Documents will be printed on Land Expressions title block in PDF format. f. Drawings for this project may include: i. Cover Sheet ii. Site/Materials Plan specific to the splash pad iii. Splash pad grading plan. iv. Piping Plan v. Layout and dimensioning. vi. Electrical Schematic — ELECTRICAL ENGINEERING IS EXCLUDED vii. Schedules for equipment, piping and electrical needs. viii. Supplemental sheets including details and enlargements: 1. Vault layout/enlargement 2. Dimension / layout for splash pad components 3. Associated / required sections or other supplementary drawings required for DOH NOTE: Great Western / Water Odyssey provided sheet set should include drawings, notes and details specific to the installation of Water Odyssey components, pipe sizes required for provided features, electrical layout and all connections between components (main power, VFD(s), splash pad controller, activator etc., coordinate with AHBL Team), bonding layout, etc. g. Attend Virtual or in -person coordination meetings with owner/project team to coordinate disciplines and review progress as required by the team. h. Provide support by phone and e-mail with Client and design team members. i. Submit Plans to City of Spokane Valley for review and approval. j. Provide a Landscape Architects Estimate of Probable Cost. Submittal: 100% Construction Docments k. Prepare final construction documents, incorporating remaining comments from Team. Land Expressions will incorporate Great Western / Water Odyssey sheets for a complete submittal. Construction Documents will be printed on Land Expressions title block on 2436 as PDF. I. Prepare note on plan specifications only. Written specifications are NOT a part of this scope. m. If necessary, package the Electrical Engineering (by others) drawing set into ours for permitting and bidding purposes. n. Submit Plans to City of Spokane Valley for review and approval. o. Update Landscape Architects Estimate of Probable Cost. 4. PERMITTING a. Coordinate a predesign meeting with DOH about code compliance regarding chemical treatment and storage. b. Assist with coordinating and compiling of required documentation to submit for permit. c. Assist with permit application and coordination with Great Western aquatic engineer. d. Support permitting efforts by coordinating information requests and efforts to address comments and revisions requested from DOH within our team. e. We assume an initial submittal and one revision submittal. f. Attend meetings as required. Deliverables 1. Construction Documents. 2. Permit application and Submittals. Assumptions, Exclusions and Qualifications For this proposal Land Expressions has made the following assumptions. If these assumptions are not correct, please contact us so that we may determine if modifications to this proposal are required. 1. Professional surveyor services are not included in this scope of work. Topographic and boundary survey data to be provided by AHBL. 2. Geotechnical exploration, structural engineering, architecture, are by others and are not included in this scope of work. 3. Aquatic engineering / professional engineering is not a part of this scope of work. 4. Pump design/selection is not included in this scope — Water Odyssey will specify the pump(s) they want us to use and provide the necessary documentation suitable for Land Expressions to develop a mechanical layout. 5. Land Expressions will provide support to obtain a permit from the SRHD. The city will be responsible for applying for the health permit. 6. Construction Observation services are not included in this scope of work. 7. The Owner will pay all application and permit fees. 8. Preparation and submittal of any building, mechanical, electrical, and plumbing permits will be done by others. 9. The Site Plan will be prepared by others and properly scaled, designed, and set within the surveyed boundary of the property. A copy of the Site Plan, in AutoCAD format, will be provided to Land Expressions for our work. 10. Construction stormwater plans/permit if required are by others. 11. TESC plans, stormwater pollution Prevention Plan (SWPPP) if required are by others. 12. Stormwater, sanitary and water connections are available for the project. Neither the design of off -site sanitary improvements nor a pump station is included in this scope. 13. No stormwater treatment or detention facilities will be required. 14. Dry utility design and coordination are not included in this scope. 15. Off -site utility extensions are not included in this scope. 16. Frontage improvements are not included in this scope. 17. All drawings required for submittal will be prepared using the standard sheet size of 24" x 36". 18. Specifications will be included as notes on the plan sheets. 19. Payment of any plan reviews, application fees, or permit fees is not included in this scope. (Article II) Summary of Professional Service Fees Professional services will be performed and billed on a lump sum basis as defined below. Lump sum fees are billed on a percent -complete basis. Should the client require additional services, services will be billed at Time and Expense per current hourly rates. Subconsultants will be billed at Cost + 10%. The maximum fee for services billed hourly will not be exceeded without client's prior authorization. Invoices will be submitted monthly and will be considered past due if not paid within 30 days of the invoice date. Estimated Costs Associated with the Scope of Services: 0100 — Schematic Design N/A 0200 — Design Development N/A 0300 — Construction Documents: $5,667.00 90% Construction Documents $19,917.00 100% Construction Documents $7,556.00 0400 — Permitting Support $4,823.00 Total Fee: Time and Materials Not to Exceed $37,963.00 Unless noted otherwise, direct project reimbursable expenses are separate from our fees. They include in- house production plotting, reprographic services, courier, and travel expenses. These will be billed at 1.20 times direct cost per the attached Schedule of Expenses. Travel costs, including time, will be billed as reimbursable expenses. SCHEDULE OF EXPENSES Land Expressions Landscape Architects PROFESSIONAL SERVICES Principal Landscape Architect $170/hr Project Manager $155/hr Landscape Architect $155/hr Designer $105/hr Estimator $105/hr Clerical and Administrative $95/hr REIMBURSABLE SERVICES Consultant 1.10 x Cost Out of Office Services/Expenses 1.20 x Direct Cost Mileage $0.75 /mile Sub -Consultant: Phoenix Engineering and Consulting, Inc. June 1, 2026 City of Spokane Valley 105 N Balfour Rd. Spokane Valley, WA 99206 Re: Proposal to provide engineering services related to a splash pad Proposal No.: P-PHX-052626 Phoenix Engineering and Consulting, Inc. (Phoenix) is pleased to provide the following proposal. This proposal contains background information and the proposed scope of work and cost. Background Requested proposal to provide engineering services to review a proposed design for a splash pad to be installed at Balfour Park located in Spokane Valley, Washington. Engineering services are needed to review the provided Mechanical, Electrical and Plumbing (MEP) design for intended loads and provide any recommendations. MEP design drawings to be provided by GWR and are approximately six (6) pages. The scope of work is limited to the review and approval of the MEP drawings. Existing structures, ancillary equipment, foundations, floors, and installation are by others. Scope of Work Based on the information above, Phoenix proposes the following scope of work: • Review drawings, specifications, details, sketches, bill of materials, tech sheets, photos, and other associated information to be provided by GWR • Review of provided MEP design drawings and provide any mark ups / recommendations • Provide Washington licensed Professional Engineer to review and approve final MEP drawing • [Option] Provide Washington licensed Professional Engineer to review and approve final installation forms • [Option] Assist with updates, design changes, and field issues Deliverable • Provide one (1) electronically sealed pdf copy of final MEP drawing set • [Option] Provide one (1) electronically sealed pdf copy of final installation forms • [Option] Assist with updates, design changes, and field issues Cost and Schedule The preceding scope of work will be performed for the following costs. Time and Materials Not to Exceed Main Scope of Work: Review and approval of drawing $ 5,556.00 [Option]: Review and approval of final installation forms $ 3,000.00 [Option]: Assist with updates, design changes, and field issues To be provided at standard rates SCHEDULE OF EXPENSES Phoenix Engineering and Consulting Inc. Our team utilizes a flat -fee structure for splash pad engineering services. We have found this to be the most beneficial approach for our clients, as it provides cost certainty - if a project requires additional time or coordination, there are no added charges beyond the agreed scope. We typically separate services into two components: Engineering Review, Markup, and Final Approval This includes PE review, plan markups, rechecks, and final approval. Based on previous projects, this scope generally requires 27+ hours, with an average equivalent value of $230/hour, though some projects may require additional time depending on complexity. Installation Review (as required byjurisdiction) This is a separate line item, as not all municipalities require installation oversight documentation. When needed, this scope typically requires 17+ hours, with an average equivalent value of approximately $145/ hour. Our Professional Engineer Team are fully licensed and highly experienced in splash pad design, including regular coordination with local health departments, which helps streamline approvals and minimize delays. Because our pricing is structured as a fixed fee, these hourly equivalents are provided for reference only. They reflect the level of effort involved but are not billed on a time -and -materials basis. Also included is our standard rate chart below for additional context. References Resource STD Rate Reduced Rate Value Rate Custom RE 375 337.5 318.75 Fro*ess onaz Engineer Eng Staff 275 247.5 233.15 F:1a n Engeer:ng Staff and Leads Jr. Eng Stafq 215 193.5 182.75 Jun,or Engineering Staff CAD/Tech 75 67.5 63.75 Crafter, dc'ng draa�ings and stuff MKT 190 17v lvlarketing Personnel Admin 115 103.5 7.75 Adminstrative Personnel Travel C 1.80 170 For travel time assoicated with onsites intern 1v5 94.5 1 89.25 intern and Coops ACC " CERTIFICATE OF LIABILITY INSURANCE irYY DA6/10/20 6 ) 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 Quality 1st Insurance Agency, Inc., an Alera Group Co 2129 North Main St, Suite A North Logan, UT 84341 CONTACT NAME: Amber Garner PHC.N xto : (435)752-0101 AC No: (435)752-2465 E-MAIL SS: amber@qlins.com DDRE INSURERS AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Insurance Company 41297 INSURED Great Western Installations, Inc. 975 S Hwy 89 Logan, UT 84321-5441 INSURERB:Owners Insurance Company 32700 INSURER c: Travelers of Illinois 25674 INSURERD:James River Insurance Company 12203 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:CL2510859497 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 LTR TYPE OF INSURANCE ADDL INSD SUBR POLICY NUMBER MOLIDY EFF MM/ DY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 2,000,000 DAMAGTO RENTED PREMISES Ea occurrence PREMIES(Eaocur $ 100,000 X MED EXP (Any one person) $ 5,000 Pollution Liability X CPS8297651 10/10/2025 10/10/2026 X Sexual Abuse & Molestation* PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIESPER : POLICY PE(° LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 *PerOcc/Aggregate $ 100,000/300,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 4663077201 10/10/2025 10/10/2026 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 A EXCESS LIAR CLAIMS -MADE CXS4065367 10/10/2025 10/10/2026 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N /A UB7Y45063A-25-42-G 10/10/2025 10/10/2026 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Professional Liability P0000011849 12/6/2025 10/10/2026 Each Claim/Aggregate $lM/$1M A Installation Floater CPS8297651 10/10/2025 10/10/2026 Limit $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Spokane Valley is an additional insured with respect to General Liability when required by written contract. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE Matt Robbins/AMBERl r'rFr. ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD