020-20 - Resolution - Land Expressions, LLC for the 2020 McCormick Village Park Splash Pad Retrofit ProjectRESOLUTTON NO. 020-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASH!NGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO CO56-20 WITH IAND EXPRESSIONS,
LLC FOR THE 2O2O MCCORMICK VILIAGE PARK SPIASH PAD RETROFIT PROJECT
(DESIGN DEVELOPMENT AND AD READY DESTGN) AND DOCUMENTING THE
PROFESSIONAL SERV!CES PROCUREMENT PROCEDURES.
WHEREAS; on May 15 and May 22, 2020, the City of Port Orchard Public Works
Department published a Request for Qualifications (RFA) for landscape architecture services for
the 2020 McCormick Village Park Splash Pad Retrofit Project (Schematic and Ad Ready Design);
and
WHEREAS; by the May 29, 2020 submittal deadline the City's Public Works Department
received three (3) Statements of Qualification from qualified firms; and
WHEREAS; upon the review and scoring by Public Works staff of the Statements of
Qualification received, the City's Public Works Department selected Land Expressions, LLC for
the design project; and
WHEREAS; on June 72,2O2O, the City received a viable and satisfactory Proposal from
Land Expressions LLC for the 2020 McCormick Village Park Splash Pad Retrofit (Design
Development and Ad Ready Design) Project; and
WHEREAS; on June L2,2020, Public Works Staff completed the Bidder Responsibility
Checklist for Land Expressions, LLC; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described herein for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves and authorizes the Mayor to execute Contract
No. C056-20 with Land Expressions, LLC for the 2020 McCormick Village Park Splash Pad
Retrofit (Design Development and Ad Ready Design) Project, attached hereto as Exhibit A and
incorporated herein by this reference.
Resolution No. 020-20
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 23'd day of June 2020.
Robert Putaansuu, Mayor
MMC, City Clerk
^f)
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the .rtr{.day of June 20!Q, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
isr
CIry OF PORT ORCHARD, WASHINGTON (hereinafter the'CITY')
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and, Land Expressions, LLC, a limited liability corporation, organized under the laws of the State
of Washington, doing business at:
5615 East Day Mount Spokane Road
Mead, WA 99021
(hereinafter the "CONSULTANT')
Contact: Clayton Variok, PLA
Executive Manager
Phone: 509.466.6683
for professional sorvices in connection with the fbllowing Project:
2020 McCormick Village Park Splash Pad Retofit Project - Design Developmenl and Ad Ready
Design
TERMSAIYD CONDITIONS
1. Services by Consultanl.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "{." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization fiom the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount ofcompensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services desoibed in the Scope of Work in accordance
with the tasks identified within Exhibit "{" and lhe terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proseed.
Ciry of Port Orchard and Land Expressiow, LLC
Professional Service Agreement Conlract No.C056-20
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Terms. This Agreement shall commence on Junc 23,2020 ("Commencement Date") and shall
terminate Aueust 31.2020 unless extended or terminated in writing as provided herein. The City
rescryes the right to offer two (2) one-year extensions prior to contract expiration to retain
the selected companyts services.
Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of$
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$40.880.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "E."
TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses aftached hereto as Exhibit "_."
OTHER.
Payment.
A. The Consultant shall maintain time and exponse records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the dats of the invoice,
B. All invoices shall be paid by City warant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notifr the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shallcomply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of incorne and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 5 1.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 5l RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
Gorrect or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
Cily ofPort Orchard and Land Expressions, LLC
P r oles s i ona I Se rv iee A gre e m e nl C c,nt rac t N o. C0 5 6 20
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national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval ofthe City and shall be subject to the City's goneral right ofinspection to secure thc satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regttlations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, terrnination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for ftirther work for the City.
7. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As tlre Consultant is customarily engaged in an independently established
trade which encompasses the specif,tc service provided to the City hercunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
rcpresentative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the cmployees, agcnts, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its ag€nts,
ernployees, representatives and sub-consultants during the performance of this Agreernent. The City may,
during the term of this Agreement, engage other independent contractors to perform thc samc or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
B, Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Itiehts Upon Tormination,
I . l{ith or l{ithout Cause. Upon tennination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory rvork completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consullant shall not be entitled to any reallocation of cost,
City of Port Orchard and Land Expressionr, LLC
P rofess ional Se rvice A gre ement Ccnt ract N o. C0 5 6-20
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A. Termination without sause. This Agreement may be terminated by the City at any time for
public convonience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit ofcreditors.
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Defoult. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the Cify resulting fi'om such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or rvhich may be sustained, by the City by reason of such
default.
D. Susoension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E, Notice of 'lermination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension, Notice may also be delivered to the Consultant at the address set forth in
Section l5 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite haining, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and govemmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner con.sistent with that degree of care and skill ordinarily
exercised by members of the same profession cunently practicing in similar circumstances.
t0. Ownership of Work Product.
A. AII data, rnaterials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work ofthe Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will bs safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by taw, subpoena or other court order.
City ofPort Orchard and Land Expressions, LLC
Prolessional Service Agreement Conlract No.C056-20
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11. Work Performed at the Corsultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agenLs and sub-oonsultants in the performance of
the work hereunder and shall utilize all protection nccessary for that purpose. All work shall be done at the
Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held by the Consultant for use in connection with the work.
12. Indemnilication. The Consultant shall defend, indemnifo and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attomeys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreemen! except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the ovent of liability for damages arising out of bodily injury to persons or damages to properly saused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURT}IER SPECIFICALLY AND EXPRESSLY LINDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONS]]TUTES THE CONSULTANTS WAIVER OF
IMMUNIry UNDER INDUSTzuAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES
OF TIIIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE TFI-AT THEY HAVE
MUTUALLY NEGOTIATED THIS WATVER.
13. Insurance. The Consultant shall procure and maintain for the duralion of this Agreement,
insurance against claims for injuries to persons or damage to prop€rty which rnay arise from or in
connection with thc pcrformance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minirnum Scopeof Insurance
Consultant shall obtain insurance of the types described below:
L Automobilc Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 0l
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liabiiity coverage.
2. Commercial Gensral Liability insurance shall be written on ISO ocsulrence form CC
00 0l or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Indushial Insurance laws of the
Statc of Washington.
City of Porl Orchard and Land Expressions, LLC
Professional Service Agreemenl Contract No.C056-20
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4. Professional Liabilitv insurance appropriate to the Consultant's profession
B. Minimurn Amounts of lnsurance
Consultant shall maintain the following insurance limits:
L Autontobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $ 1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than
$ 1 ,000,000 each occurrenas, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease -
Policy Limit $ 1,000,000.
4. Profetsional 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 insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coyerage shall be primary insurance as respect the City.
Any insurance, self-insurancs, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. Thc Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right ofsubrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended roporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers wilh a current A.M. Best rating of not less than A:VIL
E. Verification of Coverage
CiU ofPort Orchard and Land Expressions, LLC
Professional Service Agreement Contrdcl No.C056-20
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The 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 Consultant before comm€ncement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or inlerests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to thc City
shall be in writing and delivered to the parties at the following addresses:
Phone: 360.8'16.4407
Fax: 360.895.9029
CONSULTANT
Land Expression, LLC
Dave Nelson,PLA I President
5615 East Day Mount Spokane Road
Mead, WA 99021
Phone: 509.466.6683
16. Resolution of Disputes and Governing Law,
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be rcferred to the Mayoq who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufliciency ofthe performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Cou(, Kitsap County, Washington.
C. This Agreement shall be govemed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees flrom the other party.
17. GeneralProvisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any ol the provisions of this
Agreement shall be binding unless in writing and signed by a duly autlrorized representative ofthe City and
the Consultant.
City ol Porl Orchard and l.and Expresstons, LLC
Prolessional Service Agreement Conffact No.C056-20
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Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision,
D. Entile_Aqreement. The written provisions of this Agreement, together with any Exhibits
aftached hereto, shall supersede all prior verbal statements ofany officer or other representative ofthe City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. Thc entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same rvere set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The Ci|, of Port Orchard, in accordance with 'title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contmcts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
L Compliance with Regulations: The Consultant will comply with the Ac,ts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Adminishation (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discrirninate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto aud incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. paft2l.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitivc 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 will 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, national origin, sex, age, disability, income-level, or LEP.
4. Infornration and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issucd pursuant thereto and will permit access to its
Ciry of Porl Orchard and Lond Expressions, LLC
Professional Service Agreement Conlract No.C05620
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books, recotds, aqc(nmls, o6cr sourccs of information, and its facilitics irs rnay bc d€icrmincd by
thc City or thc FHWA to be pcrtinent to asc€rtaio crrnplianrc with such Actg Regutations, end
insructions. tVhcrrc any informa&rn requircd of the Consolanr is in the exclusivc posscssion of
another who fails or refuscs to finni*r tlrc infnrnraion, 6e Consultant will so crrrlify to the City
or the FHI#A, as appropriatc, and will set forth what cfforts it has madc to obtain the informalion.
5. Samlioos for Nooconplierce ln thc evcnt of thc Consulhnt's nsrcomgliarce with the Non-
discriminatbn provisbns of this Agrancrrl, llrc Ctty will impo* such contract sanctions as ir or
the FHIVA mry dctcrmirrc to bc appropriac, irrcluding but not limited to:
I . withhoHing pryments to the Consultant under thc Agrcrnent until the contrrctor
complics; aadlor
2. cancelling t€ilnindin& csrsperding thc fuianent in wtrok or in part.
6. Iocorporatioe of PrwLioar: Thc Consullant will irrclude the provbions of paragraphs one
tfirough six in cvery subcontrrcl, including procurernents of matcrials and leases ofequipneot,
unless exernp by the Acts, thc Regulations and directives issued pu$rr8nt therao. The Consultant
will take action with rcspect to my $bcoolract or procurtment as thc City or the FHWA may
direct as a mcans of cnforcing such provisioru irrcluding sanctbns for noncornpliancc- Providd,
that if the Consultant becomes involved in, or is threatencd wilh litigati<n by a subconEactor, or
supplier because of such direai<lrU thc Grrsull,ant may rcqrrsl the City lo enler inlo any litigation
to protcc-t the interc*s of the City. In additiotr" thc Consultanr may requcst the United Statcs to
enter into thc litigatioo to protoct the intereds of the United Statcs.
tN WITNESS WHEREOF, thc patics have exccuted this Agrccmeot on th€ day and year set forth
above-
CITY OF PORTORCHARD,
WASHINGTON
Land Exprcssions, LLC,-\
By:
By:
Robert Mayor
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A
llv:
Narne: Dave Nelson, PLA
Titlc: Presidsnt
Byt
City Clert
APPROVED AS TO
MMC
A. Archcr, City
City olPort &clurd and l-od F-rgraiut. LLC
Pro{csstonal Scnricc Agreaauat Cotttt llo.C056X)
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-l)iscriminalion Authorities:
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 C.F.R. Part 21 .
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S,C. $ 4601), (prohibits unfair treatment of persons displaccd 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 19'13,(29 U.S,C. $ 794 et seq.), as arnended, (prohibits
discrimination on the basis of disability);and 49 C.F.R. Part27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6l0l et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC$ 471, Sectiott 4 1123), as amended,
(prohibits discrimination based on rase, 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 CivilRights 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 firnded or not);
Titles II and III of the Amuicans 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 Departrnent of Transportation regulations at 49 C.P.R. parts 37 and 38;
The FederalAviation 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-lncome Populations, which ensures 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
Proficioncy, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To cnsurc 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);
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).
City o[ Port Orchard and Land Expressions, LLC
Pro/es$onal Service Agreement Contract N o.C056-20
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professional services agreement
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509.J66.6683 T
5q9rf66,7694 ,F 56T5 L DAY MI. 5POKANS ND.
MEAU WA 99021
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City of Port Orchard
Attn: Mark Dorsey, PE, Public Works Director/City Engineer
216 Prospect Street
Poft Orchard, WA 98355
RE: 2020 McCormick Village Park Splash Pad Retrofit Project
Mr. Dorsey:
Land Expressions is pleased to present this proposal for landscape architecture services for the McCormick
Village Splash Pad Retrofit Project. lf you have questions or comments about any aspect of this proposal,
please contact me directly. Thank you for the opportunity to provide these professional services.
Project Description
The project is in Port Orchard, WA and is an existing, pass-through type splash pad, in an existing park.
Currently, the splash pad uses a constant supply of potable water and directly drains to a sanitary sewer
connection while in use. Construction Documents will be prepared to retrofit the splash pad to use
recirculated water collected and filtered in a subterranean reservoir, which will backwash/overflow to the
existing sanitary sewer connection. A mechanical system (pump, pipe, controller and all appurtenances)
will be installed and housed to filter the reservoir and provide water to the splash pad features. As part of
the design approval process, Land Expressions will provide documentation and apply for the Washington
Department of Health permit on the City's behalf. The target completion date for documents is August
31't, 2020 - this does not include the permit as that timeline is not in our control.
(Article l) Scope of Services
Land Expressions' proposed scope of professional services includes the following. lf additional services are
required, please inform us so that we may revise our scope and fees.
1, SCHEMATIC DESIGN: N/A
2. DESIGN DEVELOPMENTa. Perform site inventory and analysis due diligence.
b. Collect necessary as-built and civil information required - to be provided by the City
electronically (CAD preferred) as available.c. Create base sheet from existing SD plan supplied by the City. City to provide CAD title
block if required.
d. Using information gathered and existing SD plan, convert the schematic pdf concept
provided to a detailed site plan for acceptance. Design Development will be printed on
client's title block (if requested) on 24x36 or 22x34 bond media,
i. At this deliverable, initial options for mechanical system and housing will be
presented for selection by the City.
Page 2 of 6
prof essional services agreement
e. Attend two (2) team meetings via conference call with owner/project team to coordinate
and review.f. Provide an initial R.O.M. of Probable Cost.
3. CONSTRUCTION DOCUMENTSa. Develop a sheet set for bid and construction documents of selected improvements.
Construction Documents will be printed on client's title block (if requested) on 24x36 or
22x34bond media.
b. Drawings for this project may include:i. Demolition Plan
ii. Site Plan
iii, Grading & Drainage Plan related to proposed elements only
iv. Piping and mechanical plan(s)
v. Electrical plan
vi. Planting adjustments if needed
vii. lrrigation adjustments if needed
viii. Construction detailing as requiredc. Prepare note on plan-type specifications only, INCLUDING City required information for
bid - provided by the City.
d. Attend two (2) team meetings via conference call with owner/project team to coordinate
disciplines.
e. Update Estimate of Probable Cost.
4. CONSTRUCTION ADMINISTRATION/OBSERVATION _ NOT A PART OF THIS SCOPE.
Explanation of Deliverables
1. Demolition Plan - keyed plan identifying limits of work, items to remove, items to salvage, etc.
2. Site Plan - drawing(s) indicating proposed improvements related to splash pad but not limited to
walkways, building locations, signage, inert materials, etc.3. Grading & Drainage Plan - drawing(s) indicating proposed surface modifications such as cut/fill,
aesthetic berms, existing and proposed contours (if provided by the City), storm drainage
structures, etc. to operate the splashpad.4. Piping and Mechanical Plan(s) - drawing(s) indicating schematic piping/routes/sizes and
mechanical components and layout for a complete recirculating system.5. Electrical Plan - engineered drawings indicating utility service and design needs for the rnechanical
system/housing structure and electrical diagrams. Specs on drawing only.6. Planting Plan - drawing(s) indicating scientific and common names, sizes, locations, and standard
installation details for living plant material if required.7. lrrigation Plan - simple schematic drawing indicating modifications required to meet the needs of
the proposed improvements, if required.
8. Construstion Details - all pertinent installation details needed to provide a qualified contractor
the ability to price and construct the designed elements.
Page 3 of 6
professional services agreement
Assumptionlr-E{qqq!q!q al! !qq!!&e!tqns
For the purpose of this proposal Land Expressions has made the following assumptions. lf these
assumptions are not correct, please contact us so that we may determine if modifications to this proposal
are required.
1. Professional surveyor seruices are not included in this scope of work. Topographic and boundary
survey data to be provided by client if required.
2. Geotechnical exploration and structural engineering are by others and are not included in this
scope of work.
3. The City of Port Orchard will provide the necessary support/fee cost required to obtain a permit
from the WSDOH.
4. The Owner will pay all application and permit fees.
_(Artlgle !!) Jgrnllqry of Professional Service Fees
Landscape Architecture services will be performed and billed on a Not to Exceed, hourly, basis as defined
below. Hourly services will be billed according to Land Expressions' attached Schedule of Expenses.
Reimbursable services (Civil, Electrical, Travel) are Lump sum fees and billed on a percent-complete basis.
The maximum fee for services billed hourly will not be exceeded without client's prior authorization.
lnvoices will be submitted monthly and will be considered past due if not paid within 30 days of the invoice
date.
Fees are proposed as follows:
Landscape Architecture Services
0100 - Design Development - Hourly, NTE, Land Expressions
0300 - Construction Documents - Hourly, NTE, Land Expressions
Reimbursable - Hourly, NTE
0600 - Travel, per trip, Land Expressions ONLY - estimated cost:
0700 - Construction Administration
Reimbursable - LUMP SUM
0400 - Civil Engineering - stamp plans for regulatory agencies $7,700.00
0500 - ElecgiE?-l Engineering * stamped electrical drawing $2,750.0q
Total Fee $38,30s.00
Fees
$10,62s.00
$17,230.00
$2,575.00
N.I.C
Unless noted othenruise, 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,
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SCHEDULE OF EXPENSES
Land Expressions
Landscape Architects
PROFESSIONAL SERVICES
Principal Landscape Architect
Project Manager
Landscape Architect
Senior Designer
Designer
Estimator
Clerical and Adrninistrative
REIMBURSABTE SERVICES
Consultant
Out of Office Services/Expenses
Mileage
$125/hr
$125/hr
$75/hr
$85/hr
$65/hr
fis/nr
$55/hr
1.10 x Direct Cost
1.20 x Direct Cost
$0.58 /mile