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HomeMy WebLinkAboutMichael Terrell Landscape Architecture PLLC - Chapel Hill Park Design Services (CP5PK8A1803)PROFESSIONAL SERVICES AGREEMENT CHAPEL HILL PARK DESIGN SERVICES THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Landscape Architecture PLLC, hereinafter referred to as "Consultant," on the / $ 'day of _-11) /'1 E, __, 2020. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by October 2020. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Professional Services Agreement— Landscape Architecture PLLC Chapel Hill Park Design Services Page 1 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ Other: See Appendix A for fee schedule 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 2 of 9 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 3 of 9 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 4 of 9 8.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The 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 the Consultant, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1 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. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 5 of 9 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $1,000,000 each occurrence; ® $2,000,000 general aggregate; or 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or 9.3 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: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.2 The 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. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 9.5 Verification of Coverage. 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 commencement of the work. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 6 of 9 sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 7 of 9 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Brent Kubalek, or his/her designee Recreation Division Manager 525 North 3`a PO Box 293 Pasco WA 99301 ,__ o-wa.gov (e-mail address) 14.3.2 For the Consultant: Michael Terrell, ASLA or his/her designee Architecture Group Lead 1421 N Meadowwood Lane, Suite 150 Liberty Lake, Wa 99019 mterrelltea,ri!1_1a coni (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 8 of 9 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party wan -ants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON ATTEST: A6 &kly' Debra Barham, City Clerk APPROVED AS TO Kerr Fn Law, PLLC, City Attorney CONSULTANT . Michael Terrell, Principal, Landscape Architecture PLLC Professional Services Agreement — Landscape Architecture PLLC Chapel Hill Park Design Services Page 9 of 9 APPENDIX A Michael Terrell ■ Landscape Architecture, PLLC 1421 N. Meadowwood Lane, Suite 150 Liberty Lake, WA 99019 (509) 922-7449 Date: May 6, 2020 Client: City of Pasco, WA Phone: (509) 545-3456 Contact: Mr. Brent Kubalek, CPRP City of Pasco Recreation Services Manager Address: 525 N. 3rd Ave Pasco, WA 99301 Project: Chapel Hill Park Project #: 20-026 Proposed Scope of Services: Scope of Work: Michael Terrell ■ Landscape Architecture, PLLC (Consultant), PBS (Civil), NAC Electrical Engineers (Electrical), agree to perform the following Professional Services to the City of Pasco: Project Understanding: Our approach includes the goal of completing the preparation of design and bid documents by September 2020 in order to bid the project and begin construction in early 2021. 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 unimproved parcel of land with frontage improvements. The City of Pasco has completed some preliminary master planning and community survey. The design will include assessment of the existing site and context, conceptual design and the development of bid documents for improvements that could include accessible pathways, playground and safety surfacing, new restroom or port -a -potty enclosure and utilities, new shelter with lights and associated hardscape and landscape improvements. Tasks I. Site Evaluation, Inventory and Analysis A. Review existing site conditions and any available site information. B. Review scope of work and budget. C. Project Management Coordination D. Meetings: a. One meeting with city project management staff to discuss schedule and scope of work. II. Conceptual Plan Development PROPOSAL Project: Chapel Hill Park Project #: 20-026 Client: City of Pasco :J1 A. Concept Development Plan: Building on the foundation of inventory, analysis and staff input, the MT -LA team will develop a conceptual design that will build on the city's outreach efforts. The concept plans will illustrate park elements, potential activity relationships, quantity, conceptual grading, and approximate sizes of facilities. B. Evaluation of probable cost will be prepared for review, prioritization and approval. C. Meetings: a. Meet with city of Pasco staff to review Concept Development b. Community Engagement. i. Prepare graphics for: 1. Inclusion in an online survey for public input. 2. Posting on-site. 3. Use on the city's social media platforms. ii. Potential in-person community meeting based on current health guidelines. D. Deliverables: Conceptual Plan and evaluation of probable cost. E. City staff to provide direction and feedback including priorities and design modifications. A. Prepare Construction Documents and cost estimate based on approved Conceptual Plan and revisions to respond to city staff comments. B. Construction Plans for site improvements. Including: a. Grading and staking plans. b. Restroom: Pre -Fabricated CXT or Porta -potty enclosure. i. Pre -Fabricated one Small Family restroom. c. Playground with play equipment, safety surfacing and containment curb. i. Play equipment and safety surfacing. d. Picnic Shelter, Large. Order forms to be coordinated by MTLA with City Staff. e. Irrigation (Mainline, equipment specification, etc.) f. Planting Plan g. Utility Plans: Civil, water, sewer, electrical. Electrical service and lighting for, minimal site lighting, 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, pre -manufactured restroom or enclosure and other improvements to be included in project manual. Civil, mechanical and electrical specifications will be included on plans. E. City to provide city standard frontal documents. a. Part 1 Introduction b. Part 2 Bid Proposal Documents c. Part 3 Contract Forms d. Part 4 Special Provisions e. Part 5 General Requirements. f. Part 6 Amendments to WSDOT Standard Specifications PROPOSAL Project: Chapel Hill Park 2 Project #. 20-026 Client: City of Pasco F C H. g. Part 7 Wage Rate Information h. Part 9 Appendix Evaluation of Probable Cost: Provide evaluation of probable cost based on the Construction Documents and specifications at 75% and 100% complete. 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. Meetings: a. One coordination meeting with City of Pasco staff. b. One meeting to review 75% CD package with staff c. One meeting to review 100% CD package with staff Deliverables, 24" x 36" drawing sheets (Electronic copies in pdf), letter size specifications, 30"x42": a. 75% Construction drawings, specifications, and evaluation of probable costs. b. 100% Construction drawings, specifications and evaluation of probable costs. c. Revisions of 100% Construction Drawings based on consolidated review comments by City of Pasco staff. d. Final Bid Documents: Construction drawings and specifications that reflect 100% review comments by City of Pasco Staff. IV. Biddi A. City of Pasco to bid project, including advertising and distribution of contract documents. B. 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. C. Prepare Conformed Drawings and Specifications. V. Civil Engineering A. Assumptions: a. A topographic and boundary survey will be provided to PBS, as needed to accurately set elevations for the site as well as assign project boundary lines. All elevations must be referenced to City of Pasco vertical datum and will not be on an assumed elevation. AutoCAD files of the boundary and topo will be provided to PBS prior to starting project design. b. PBS will provide a grading plan and will work to balance the site to the extent feasible considering site constraints. c. Sanitary sewer is available to the site and will be of adequate size to support the proposed facility serviced requirements. The project plumbing designer will provide sanitary sewer inverts at the building as well as required sizes. PROPOSAL Project: Chapel Hill Park 3 Project #: 20-026 Client: City of Pasco PL d. Water is available to the site from the City of Pasco. It is assumed that the City's water system is of adequate size and pressure to serve the building and any on- site hydrants and no water system modeling will be required. e. A complete hydrology report will be required. Storm water will be disposed of through either surface or subsurface infiltration in accordance with City of Pasco Standards. Basic Design Services for engineering including: a. Provide a site plan with dimensions for horizontal control to establish location of the walkways, concrete pads and other various improvements. The plan will include sections and typical details for the improvements and other features such as curbs, sidewalks, landscape areas, and pavement sections. b. Provide grading plan for the project in order to establish elevation of any buildings, pads, shelters or play structures and elevations for paving, curb, sidewalk/walking path, ADA ramps and drainage facilities. c. Provide a utility plan for domestic -fire water, irrigation meter, sewer, and storm water on-site. The plans will address any on-site hydrant placement, vault placement, as well as water and irrigation meter placement in accordance with City of Pasco specifications. d. Geotechnical Engineering Design Support e. Prepare and design engineered stormwater system for disposal of all on-site runoff and prepare storm drainage calculations for submittal to the City of Pasco, as required by code. These items will be stamped by a registered Engineer in the State of Washington. f. The following construction drawing sheets are anticipated as part of PBS's work: i. Cl: General and Project Specific Construction Notes ii. C2: Site & Utility Plan iii. C3: Grading & Drainage Plan with TESC & spot elevations. iv. C4: Project Specific Details and Specifications for civil items. C. Coordination with Sound/Barrier wall consultants and/or wall supplier. D. Evaluation of Probable Costs E. Bidding support VI. Electrical Engineering A. Assumptions: a. The project will consist of providing electrical engineering assistance in creating bid documents, providing bid support, providing construction administration and close-out. b. Site investigation to determine existing conditions is not necessary since this is an empty lot. c. Coordination with the local power utility company Franklin PUD is necessary. d. Lighting and Controls design will require compliance with the latest adopted version of the Washington State Non -Residential Energy Code. PROPOSAL Project: Chapel Hill Park Project #: 20-026 Client: City of Pasco LO i. Low Voltage Systems (including but not limited to the following) are not required for this project. e. Additional energy metering beyond code requirements is not required. f. Specifications will be included on the plan sheets; a separate specification section book is not anticipated. g. We anticipate at least one (1) design meeting with the Owner (City of Pasco). h. Electrical plans will not require L&I Electrical Plan Review unless the City of Pasco of local AM requires it. Costs related to plan review will be a reimbursable expense. B. Site power distribution to site lighting, restroom and large shelter. C. Sheet specifications for site electrical. D. Cost estimating for electrical service and lighting. E. Bidding support. VII. Construction Administration A. To be contracted separately by City of Pasco B. Separate Contract to be provided on a T&M material basis. VIII. AMMW"M��&l A. To be contracted separately by City of Pasco. 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. 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. PROPOSAL Project: Chapel Hill Park Project #: 20-026 Client: City of Pasco Compensation and Payment: Client agrees to pay Consultant as follows: Chapel Park Improvements, Restroom, Playground and Shelter (MTLA) $17,600.00 Civil & Geotechnical, Mechanical and Electrical Consulting $45,485.00 ate: 5/6/2020 Reimbursable Expenses (estimated): $650.00 Total: $63,735.00 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. Mechanical Engineering Services may not be required if the city chooses to utilize a porta-potty enclosure and not provide a building with sewer and water hookups. Exclusions: • Additional services proposal will be prepared for services not included in this scope of work. • Topographic or property survey. We understand that a survey has been completed and is available for use. • Community meetings or presentations not listed above. • Construction Administration, Separate Agreement based on defined scope of services provided by City of Pasco 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 (RFI'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. o 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 to determine grades, existing dimensions, property lines, etc. • Civil Engineering: Beyond scope outlined above. • Electrical Engineering: Beyond scope outlined above. • Preparation of permits, permit fees, entitlements or vacations for Rights -of -Way. PROPOSAL Project: Chapel Hill Park Project #: 20-026 Client: City of Pasco 6 7 THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Pasco Washington 525 N. 3rd Avenue Pasco WA 99301 Account Information: Policy Holder Details : MICHAEL TERRELL- LANDSCAPE ARCHITECTURE, PLLC May 20, 2020 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (888) 242-1430 Fax: (888) 443-6112 Email: aaencv.servicesethehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 �'► CERTIFICATE OF LIABILITY INSURANCE r� DATE (MM/DD/YYYY) 05/20/2020 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(les) 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 endomement(s). PRODUCER CONTACT USAA INSURANCE AGENCY INC/PHS 65812846 NAME: PHONE (888)242-1430 (A/C, No, Ext): FAX (888)443-6112 (A/C, No): The Hartford Business Service Center E-MAIL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# CLAIMS -MADE OCCUR INSURED INSURERA: Hartford Casualty Insurance Company 29424 MICHAEL TERRELL- LANDSCAPE ARCHITECTURE, PLLC INSURER B: 5312 S CHAPMAN RD INSURER C : GREENACRES WA 99016-8832 INSURER D : X General Liability 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 IN DICATED.NOTWITHSTAN DING 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 TR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/ D POLICY EXP MM/DD/Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence) MED EXP (Any one person) $10,000 X General Liability 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 LOC JECT X PRODUCTS - COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 accident) BODILY INJURY (Per person) ANY AUTO A ALL OWNEDSCHEDULED AUTOS AUTOS 65 SBA PU5843 01/13/2020 01/13/2021 BODILY INJURY (Per accident) HIRED NON -OWNED X AUTOS X AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS- MADE ED I RETENTION $ WORKERS COMPENSATION PER OTH- I AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES LIABILITY 65 SBA PU584301/13/2020 01/13/2021 Each Claim Limit $5,000 Aggregate Limit $5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If morespace 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. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Pasco Washington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 525 N. 3rd Avenue BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Pasco WA 99301 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of 111 7 ze> ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOR"® DATE (MM/DD/YYYY) �..� CERTIFICATE OF LIABILITY INSURANCE 05/21/2020 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 PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the co"rWME:ncr Karen Bronson CorRisk Solutions PHONE F 180 N Stetson Ave Suite 4500 E"E IL I' 312-637-8755 �•�,E Chicago, IL 60601 ss; kbronson@corrisksolutions.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: New Hampshire Insurance Company 23841 IINI7ummU INSURER B: Michael Terrell - Landscape Architecture, PLLC INSURER C: 5312 South Chapman Road Greenacres, WA 99016 INSURER D: INSURER E: INSURER F: COVFRAGFS 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 LTR TYPE OF INSURANCE ADD'L INSRD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurance) CLAIMS MADE FIOCCUR MED EXP (Any one person) DOES NOT APPLY PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidenn BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED GI Irnc DOES NOT APPLY BODILY INJURY (Per accident) PROP R accident)TY DAMAGE (Per UMBRELLA LIAB OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAB HCLAIMS MADE DOES NOT APPLY DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTHER TORY LIMITS E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? YM (Mandatory in NH) ❑ WA DOES NOT APPLY L.L.EMPLOYEE - to EMP LOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A Professional Liability 064991268- 04 01/16/2001/16/21 Per Occurrence: $2,000,000 Annual Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Chapel Hill Park CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Pasco THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 525 N. 3rd Avenue AUTHORIZED REPRESENTATIVE Pasco, WA 99301 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD City AMENDMENT NO. 1 to IJ: ffiko PROFESSIONAL SERVICES AGREEMENT CHAPEL HILL PARK DESIGN SERVICES WHEREAS, the City and Landscape Architecture PLLC entered into a Professional Services Agreement on June 18, 2020 to provide design services with respect to the Chapel Hill Park project. NOW, THEREFORE, this agreement is amended to allow Landscape Architecture PLLC to provide additional design services as described on Exhibit A of this amendment. Scone of Work: See `Exhibit A' 2. Fee: The compensation for the work is based on a flat fee basis not to exceed the amount of $5,800.00 3. Time of performance: The services shall be complete for the project on or before November 15. DATED THIS $ DAY OF DCrr,, � P— , 2020. CITY OF PASCO: CONSULTANT,*WE. Zach Raf6i, ACS bepartment Director Michael Terrell, ATTEST: De ra Barham, City Clerk Amendment No. 1 to Professional Services Agreement Page 1 MT -LA Chapel Hill Park Design Services Exhibit A Michael Terrell ■ Landscape Architecture, PLLC 1421 N. Meadowwood Lane, Suite 150 Liberty Lake, WA 99019 (509) 922-7449 Date: September 30, 2020 Client: City of Pasco, WA Phone: (509) 545-3456 Contact: Mr. Brent Kubalek, CPRP City of Pasco Recreation Services Manager Address: 525 N. 3rd Ave Pasco, WA 99301 Project: Chapel Hill Park — Additional Services Proposal #1 Project #: 20-026 Proposed Scope of Services: Scope of Work: Michael Terrell ■ Landscape Architecture, PLLC (Consultant), PBS (Civil), NAC Electrical Engineers (Electrical), agree to perform the following Professional Services to the City of Pasco: Project Understanding: Provide additional services for design and specification of a sound wall per the design and detail provided by the City of Pasco. Tasks IX. Additional Services #1- Sound Wall Design, Details and Specifications kJ A. Prepare Construction Documents and cost estimate for a masonry sound wall to be constructed along the north property line, which is also the southern right of way line for Interstate 182. B. The Consultant Team will provide the following added services and/or deliverables in order to design and construct the proposed civil improvements to the site. a. Provide a drawing set with construction details for the 6' tall, 4" thick wedge lock -type CMU fence. The package will include structural calculations, stamped by a Professional Engineer. b. Perform one structural engineering shop drawing submittal review during construction and one structural observation site visit, performed by a PBS staff member mobilizing from the Tri-Cities office. c. An Erosivity Waiver Certification for construction stormwater will be prepared for submittal to the Washington State Department of Ecology. C. Evaluation of Probable Cost: Provide evaluation of probable cost based on the Construction Documents and specifications prior to bidding. D. Exclusions: PROPOSAL Project: Chapel Hill Park -Additional Services #1 1 Project #. 20-026 Client: City of Pasco a. The following list of items has been excluded from this proposal. PBS can perform and/or coordinate some of these items for an additional fee. i. Topographic surveying, boundary surveying, construction staking, and as - built survey. Accept as otherwise noted in the primary contract. ii. Structural design of loading dock, retaining walls, building floor slab, framing system, foundations, as applicable. Accept as noted above. iii. Preparation of Grading Permit application. Accept as otherwise noted in the primary contract. iv. Preparation of Building Permit application. v. Payment of any Agency applications, permits, and/or plan check fees. vi. Preparation of NPDES Permit vii. As -Built Drawings viii. Construction administration services. 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. Estimated Schedule and Budget: Consultant shall render services in an expeditious mannerthat 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: MTLA Administrative and Coordination Tasks $850.00 Civil and Structural Enizjneering for Sound Wall Design s4 950.00 Total: $5,800.00 PROPOSAL Project: Chapel Hill Park -Additional Services #1 2 Project #. 20-026 Client: City of Pasco Reimbursable Expenses are estimated and included above. SubcoApproved 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. Mechanical Engineering Services may not be required if the city chooses to utilize a porta-potty enclosure and not provide a building with sewer and water hookups. Exclusions: • Additional services proposal will be prepared for services not included in this scope of work. • Topographic or property survey. We understand that a survey has been completed and is available for use. • Community meetings or presentations not listed above. • Construction Administration, Separate Agreement based on defined scope of services provided by City of Pasco 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. o 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 to determine grades, existing dimensions, property lines, etc. • Civil Engineering: Beyond scope outlined above. • Electrical Engineering: Beyond scope outlined above. • Preparation of permits, permit fees, entitlements or vacations for Rights -of -Way. • Architectural design of_�u s. Signature: Date: 9L30 Michael D. Terrell, ASLA PROPOSAL Project: Chapel Hill Park -Additional Services #1 3 Project #: 20-026 Client: City of Pasco