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HomeMy WebLinkAboutPuget Sound Landscaping, Inc fMC Contract 020-074 MASON COUNTY PROFESSIONAL SERVICES CONTRACT AGREEMENT Parties This AGREEMENT, entered into at Mason County, Washington on the 4th day of August, 2020 by and between Mason County Parks address 2100 E.Johns Prairie Road, Shelton,WA. 98584, hereinafter called "COUNTY" and, Puget Sound Landscaping, Inc., hereinafter called "CONTRACTOR". Purpose The County intends to complete planning, design, engineering, bidding and project/construction management work for the MCRA Irrigation System Replacement Project, hereinafter called MCRA Irrigation System or the "Project". The present record owner is: Mason County. WHEREAS, the County has not sufficient qualified park planning and design staff to provide the services within a reasonable time and the County deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary consulting work for the project, and WHEREAS, the Contractor has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional contractor, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Contractor to staff this Agreement. WHEREAS,the Contractor has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below,the parties hereto agree as follows: Scope of Work The Contractor shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Contractor shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Contractor shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a professional manner on the features of the work. The Contractor shall make such minor changes, amendments or revisions in the detail of the work as may be required by the County. This item does not constitute an 'Extra Work" item. Page 1 of 11 Professional Service Contract Agreement The work shall be verified for accuracy by a complete check by the Contractor. The Contractor will be held responsible for the accuracy of the work, even though the work has been accepted by the County. Quality of Work The contractor will warrant that the work performed will be to industry standards consistent with the planning and design of regional trail systems. The project shall include professional services including conducting project management meetings, preparing park development options, documenting the preferred park development option, estimating probable cost and presenting findings to the COUNTY. The goal of the project is to assess needs, develop a MCRA Irrigation System masterplan, define implementation phases and estimate probable construction and maintenance costs for each project phase through a public process. Project duration Estimated time to completion of Preliminary Design Study: August 10—August 14, 2020 Estimated time to secure required permits for the project: August 28, 2020 Estimated time of completion for Project: Project begin August 17, 2020, conclude Januar 31, 2021. County review time and delays caused by independently contracted subcontractors are not included in above estimate. Changes in Work The Contractor shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the County,without additional compensation. Should the County find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Contractor shall make such revisions, if requested and as directed by the County in writing. This work shall be considered as Extra Work and will be paid for as provided below. Extra Work The County may desire to have the Contractor perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the County. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Contractor prior to resolution of any such dispute shall waive any claim by the Contractor for compensation as Extra Work. 2 Professional Service Contract Agreement Professional Liability Insurance (errors & omissions insurance) Professional liability insurance shall be provided under this contract in accordance with Attachment 1. X Yes ❑ No The Contractor shall keep professional liability coverage for a period of 3 years after completion of the contract. Compensation Payment will be rendered upon the contractor's successful completion of each task to the full satisfaction of Mason County Parks and Trails staff. County agrees to pay Contractor as compensation for services as follows: complete planning, Irrigation system design, project engineering, sub-contract bidding and project/construction management work for the MCRA Irrigation system Renovation Project. See Exhibit A, the scope of service and Exhibit B, project scope and fee. The total fee shall not to exceed$566,538.89 The compensation schedule shall be based on the subparts of each of the tasks shown in Exhibit A. Payment will be made for each subpart when each is substantially or entirely completed. Design Criteria Contractors will provide planning and design work for MCRA Park Irrigation replacement project for all of the ball fields. The design will include mapping, electronics for system, pump installation, and connection to water main. 3 Professional Service Contract Agreement STANDARD PROVISIONS OF AGREEMENT The County and Contractor agree that the following provisions shall be a part of their agreement: 1. The County binds itself, it's partners, successors, executors, administrators, and assigns to the Contractor to this agreement in respect to all of the terms and conditions of this agreement. The parties bind themselves, their partners, successors, executors, administrators, and assigns to this contract. Neither party shall assign its interest in this contract without the written consent of the other. There are no understandings or agreements except as herein expressly stated. 2. In the event that the plans, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall be paid for by the County as extra work. 3. County shall secure the permission necessary to allow Contractor's personnel and equipment access to the Project site at no cost to Contractor. 4. The County will furnish the Contractor copies of documents which are available to the County that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Contractor. The Contractor will coordinate with other available sources to obtain data or records available to those agencies. The Contractor shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. County will provide to Contractor all data in County's possession relating to Contractors services on the project. Contractor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the County: Should field studies be needed, the Contractor will perform such work to the extent provided for in the Scope of Work. The County will not be obligated to perform any such field studies. 5. County shall be responsible for correctly designating the location of all property lines of the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines, and utilities within the Project site, unless otherwise agreed in writing. 6. In the event that any staking is destroyed by an act of God or parties other than Contractor,the cost of re-staking shall be paid for by the County as extra work. 7. Unless specifically agreed otherwise, Contractor shall not provide services with regard to the detection, removal, or disposal of hazardous substances. The County shall have the sole responsibility for investigating the existence and location of hazardous substances at the Project site. County shall be responsible to furnish all tests, inspections, reports, warnings, notices, or postings required by law regarding hazardous substances. 8. The County shall pay the costs of checking and inspection fees, zoning and annexation 4 Professional Service Contract Agreement application fees, assessment fees, geotechnical engineering fees, materials testing fees, aerial topography fees, and other fees, permits, bond premiums, title company charges, blueprints and reproduction,and all other charges not specifically covered by the terms of this agreement. 9. Services provided under this Agreement, including all reports, information, or recommendations prepared by the Contractor, are for the exclusive use of the County for the Project specified. Upon completion of the Project, all documents, including, but not limited to,reports, maps, computer files,permit applications, and other work products associated with this project will reside with the County under the County's ownership. The Contractor will be permitted to retain copies of these documents for their files. The costs associated with duplication of these documents will be borne by the Contractor. Any reuse of these documents by the County or the Contractor for any work not directly associated with this project assignment will be at the sole risk of the party reusing the documentation. 10. Fees and other charges will be billed monthly or otherwise as agreed as the work progresses, and the net amount shall be due at the time of billing, unless modified by the contract agreement. A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. Acceptance of such final payment by the Contractor shall constitute a release of all claims of any nature, related to this Agreement, which the Contractor may have against the County unless such claims are specifically reserved in writing and transmitted to the County by the Contractor prior to its acceptance. Said final payment shall not,however,be a bar to any claims that the County may have against the Contractor or to any remedies the County may pursue with respect to such claims. 11. If, during the course of performance of this Agreement, conditions or circumstances are discovered which were not contemplated by Contractor at the commencement of this Agreement, Contractor shall notify County in writing of the newly discovered conditions or circumstances, and County and Contractor shall renegotiate, in good faith, the terms and conditions of this Agreement. 12. The Contractor and its subcontractors shall keep available for inspection,by the County, for a period of six (6) years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the six-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The six-year retention period starts when the Contractor receives final payment. 13. Either party may terminate this contract at will. In the event all or any portion of the work prepared or partially prepared by the Contractor be suspended, abandoned, or terminated, the County shall pay the Contractor for the work performed,not to exceed any maximum contract amount specified herein. 14.No conditions, modifications, or statements, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to 5 Professional Service Contract Agreement this agreement and accepted in writing by the other. 15. All agreements on Contractor's part are contingent upon, and Contractor shall not be responsible for damages or be in default or be deemed to be in a default by reason of delays in performance by reason of strikes,lockouts,accidents,act of God,and other delays unavoidable or beyond Contractor's reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of County or County's agents to furnish information or to approve or disapprove Contractors work promptly, or due to late or slow, or faulty performance by County, other contractors, or governmental agencies, the performance or whose work is precedent to or concurrent with the performance of Contractor's work. In the case of the happening of any such cause of delay,the time of completion shall be extended accordingly. 16. Contractor shall have all insurance coverages as required by state and federal law. Contractor shall secure Worker's Compensation, Commercial General Liability, Professional Liability, and Automobile Liability Insurance coverages in accordance with Attachment 1 attached hereto,unless waived or reduced by the County. Contractor assumes the risk of damage to its own supplies and equipment. 17.Any subcontractors shall be paid a prevailing wage. 18. Any Litigation of the contract shall occur in Mason County or other jurisdiction as dictated by RCW 36.01.050 or its successor statutes, if any. 19. In the event it becomes necessary for either party to seek enforcement of the terms or performance of this agreement,the prevailing parry with or without litigation, shall be entitled to recover its reasonable attorney fees and other costs of proceeding. In determining the reasonable attorney fees and costs, the prevailing parry's actual attorneys' fees and costs shall be deemed to be prima facie reasonable and the party opposing said amounts may do so only upon a showing by clear and convincing evidence that the attorney fees and other cost were unreasonable. Costs as used herein shall include the time devoted by the prevailing party's personnel, at the then current billing rate incurred by the prevailing party in defending itself against the claim, or prosecuting the claim. 20. If a dispute arises out of or relates to this agreement, or the breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation under the construction industry mediation rules of the American Arbitration Association,before having recourse to a judicial forum;provided, however,that if one party fails or refuses to undergo good-faith mediation promptly on request, the other party is entitled to commence an action in court to seek enforcement of the terms or performance of this agreement. If this happens and the party who failed or refused to undergo mediation does not prevail in the court action, then the prevailing parry shall, in addition to attorneys' fees and costs and the judgment on the claim, be awarded liquidated damages in an amount equal to 10% of the judgment on the claim. Such liquidated damages are not in the nature of a penalty, but are for the purpose of reimbursing the prevailing party the additional 6 Professional Service Contract Agreement business costs of time and disruption of office and personnel resulting from the need to undergo formal litigation without giving mediation a chance. The parties agree that such damages are difficult,if not impossible,to accurately prove and establish and do thereby agree that the 10% referenced above is a fair estimate which the parties intend to be binding upon them. Any mediator selected by the parties or AAA must also be approved by each party's insurance company. 21. In the event that any changes are made in the plans and specifications by the County or persons other than the Contractor, which affect the Contractors work, any and all liability arising out of such changes is waived as against the Contractor and the County assumes full responsibility for such changes unless County has given Contractor prior notice and has received from Contractor written consent for such changes. 22. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out of the terms of this agreement. 23. One or more waivers of compliance with any term, condition, or covenant by the Contractor shall not be construed by the County as a waiver of a subsequent breach of the same or any other term, condition, or covenant. 24. In the event any provision of this agreement shall be held to be invalid and unenforceable,the other provisions of this agreement shall be valid and binding on the parties thereto. 25. Services provided within this agreement are for the exclusive use of the County. 26. Contractor shall claim no liability for loss of product, loss of profits, loss of use or any other indirect or consequential damage. 27. Attachment 2, "Design Criteria", is made a part of this agreement. 28. To the fullest extent permitted by law,the Contractor agrees to indemnify, defend and hold the County and its departments,elected and appointed officials, employees,agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the Contractor, its employees, agents or volunteers or Contractor's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement; or 3) are based upon the Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County for the value of the contract or $1,000,000, whichever is less. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. In the event of the concurrent negligence of the Contractor, its. subcontractors, 7 Professional Service Contract Agreement employees or agents, and the County, its employees or agents,this indemnification obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, employees and agents. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been mutually negotiated by the parties. Contractor's initials acknowledging indemnity terms: 29. The County reserves the right,but not the obligation,to participate in the defense of any claim, damages,losses or expenses and such participation shall not constitute a waiver of Contractor's indemnity obligations under this Agreement. 30. The Contractor agrees all Contractor's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 31. In the event the Contractor enters into subcontracts to the extent allowed under this Agreement, the Contractor's subcontractors shall indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. 32. Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of the work performed under this agreement. County assumes no obligation or liability by such notice,but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated and, on the day, and year first above written. 8 Professional Service Contract Agreement Your signature hereunder acknowledges that you have read these provisions. MASON COUNTY CONTRACTOR BOARD OF COMMISSIONERS _ B �� SH4 ON TRASK, Chairperson Ouget Sound Landscaping Inc. Representative RAADY NEATHERLIN, Commissioner KEVIN SHUTTY, Commissioner ATTEST: Clerk o the Board Basic form approved: Timothy Whitehaed, Chief Civil Deputy Prosecutor 9 Professional Service Contract Agreement ATTACHMENT 1 INSURANCE REQUIREMENTS A. General: The Contractor shall at its sole cost and expense, agrees to provide insurance in accordance with requirements set forth herein. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage B. Coverages: 1. Commercial General Liability. Commercial General Liability insurance shall be provided and written on Insurance Services Office(ISO) occurrence form CG 00 01,with an edition date prior to 2004, or the exact equivalent and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The insurance shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. 2. Auto Liability. Auto Liability insurance shall be provided covering all owned,non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident/occurrence. Coverage shall be written on 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. If Contractor owns no vehicles this requirement may be met through a non-owned auto endorsement to the CGL policy. 3. Professional Liability. Professional liability coverage shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit on a policy form appropriate to contractor's profession. The Contractor shall keep professional liability coverage for up to three years after completion of the contract. 4. Workers' Compensation. Contractor shall provide Workers' Compensation and Employer's Liability Insurance on a state-approved policy form providing benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. C. Other Requirements 1. Term of Insurance. Before the execution of the Contract, the Contractor shall obtain all insurance required under this section; nor shall he allow any subcontractor to commence work until the subcontractor also has obtained similar insurance, which is applicable to his work. The Contractor shall maintain insurance throughout the life of this Contract. 10 Professional Service Contract Agreement 2. Additional Insured. Contractor agrees to endorse third party liability coverage required herein to include as additional insureds: County, its officers, officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in this agreement on behalf of the contractor (hereinafter"indemnifying parties") to comply with these provisions. 3. Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 4. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to County, or must specifically allow the named insured to waive subrogation prior to a loss. 5. Contractor's Insurance is Primary. The Contractor's insurance shall be primary to and not contributing with any insurance or self-insurance that may be carried by the County. 6. Acceptability of Insurers. The insurance policy(ies) shall be written by a reputable insurance company(ies) 1) acceptable to the County or with a current Best's Insurance Guide rating of A and class VII or better and 2) approved by the State Insurance Commissioner pursuant to RCW 48 to do business in the state of Washington. The County reserves the right to approve the security of the insurance coverage provided by the insurance company(ies),terms, endorsements, and conditions. 7. No Limitation of Liability. No provision herein shall be construed to limit the liability of the Contractor for work not done in accordance with the Contract or expressed or implied warranties. The Contractor's liability for the work shall extend as far as the appropriate periods of limitation provided by law and up to any legal limits. 8. Equal or Better Insurance. The Contractor may obtain any combination of coverage and limits that effectively provides the same or better amounts and types of coverage as stipulated above, subject to review and approval by the County. 9. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 10. Reviewed by Insurance Agent/Broker. The Contractor warrants that this contract has been thoroughly reviewed by the Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Contract. 11 Professional Service Contract Agreement 11. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 12. Evidences and Cancellation of Insurance. Prior to execution of the contract by the County, Contractor agrees to provide evidence of the insurance required herein, satisfactory to County,consisting of. a)certificate(s)of insurance evidencing all of the coverages required and, b) an additional insured endorsement to Contractor's general liability policy using Insurance Services Office (ISO) form CG 20 10 with an edition date prior to 2004 . Contractor agrees, upon request by County to provide complete, certified copies of any policies required within 10 days of such request. Any actual or alleged failure on the part of County or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of County or any additional insured, in this or in any other regard. Contractor agrees, to provide written notice by certified mail, return receipt requested, to County 30 days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide 30 days' notice to County of any cancellation of coverage. Any failure to mail such notice shall not relieve the insurance company, its agents, or representatives from obligations and/or liability hereunder. The Contractor shall, upon demand of the County, deliver to the County a certified copy of any such policy or all such policies of insurance. Should the Contractor neglect to obtain and maintain in force any such insurance, the County may suspend or terminate the Contractor's Work. Suspension or termination of this Contract shall not relieve the Contractor from its insurance obligations hereunder. 13. Contractor's Insurance For Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools,machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors. 14. Self-insurance. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to County. If Contractor's existing coverage includes a self-insured retention,the self-insured retention must be fully disclosed to the County. The County may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 15. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by the Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader 12 Professional Service Contract Agreement than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Agreement. 13 Professional Service Contract Agreement ATTACHMENT 2 DESIGN CRITERIA The County will designate the basic premises and pertinent criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations,guidelines, and specifications. Contractors will provide professional services including planning, design, engineering, bidding and project/construction management work for MCRA Irrigation System Replacement Project. 14 Professional Service Contract Agreement Exhibit A Mason County Irrigation System Replacement Project Puget Sound Landscaping Inc. Scope of Services This assignment includes the work to be performed by Robert W.Droll, Landscape Architect,PS, (hereafter RWD) for Mason County Recreation Area (MCRA) irrigation replacement project (hereafter "Project") on behalf of the Mason County Parks and Trails Department (hereafter Client). Professional services include schematic design, design development, bid documents, bidding services, and construction services. Design and construction documents will be prepared abandoning the old irrigation system and replacing piping, sprinkler heads,electronics,pumps and other parts of the irrigation system for the 7 ball fields in MCRA. Basis of Proposal The Scope of Services and Fee proposal are based upon discussions with Ross McDowell (MC Park and Trails Manager) and site visits, Scope of Services RWD proposes the following Scope of Services to accomplish the work for Mason County Recreational Area 7 ball fields. Scope of Work Our Team's Scope of Work includes the following: ❑ A new and comprehensive MCRA Sports Fields Irrigation System completed by January 31,2021 ❑ Booster Pump Assembly (includes Variable Frequency Drive, Flow Meter and Master Valve) capable of providing 220 GPM within a lockable steel housing on concrete pad ❑ Evapotranspiration Sensor mounted on existing Pump House ❑ 2-line control valve system; one Home Run line for five fields and one Home Run line for two fields: exceeds RFP requirements ❑ All irrigation products will from Hunter Irrigation, the Munro Booster Pump Assembly, and all irrigation components will be warrantied for 5 years; exceeds RFP requirements ❑ Topsoil and perennial ryegrass sports turf seeding of all areas disturbed by this project ❑ Irrigation Products Manuals and Training: exceeds RFP requirements ❑ Smart Phone Control &Programming capability: WI-FI/Lan connection to be provided by MCP to controller location(Pump House); exceeds RFP requirements ❑ 100% Irrigation Plans and Specifications (90%Plans and Details provided herein; exceeds RFP requirements) and permitting ❑ As-Built Drawings in hardcopy and PDF format: exceeds RFP requirements 15 Professional Service Contract Agreement Assumptions: When working with an existing irrigation,it is necessary to base our design on certain assumptions; our assumptions are as follows: ❑ Whereas 3-Phase power is required to run the proposed Booster Pump, Mason County Parks has committed to extending the 3-phase power line from the present location to the existing Pump House area where the new Booster Pump will be located. ❑ Mason County Parks informs RWD the existing water pressure at the existing Double Check Valves is 65 psi; our pump design is based upon this inlet pressure. ❑ Mason County Parks informs our Team that there are presently two Double Check Valve Assemblies (DCVA)that provide backflow protection to the public water system. Mason County Parks asserts these two Double Check Valve Assemblies are in great condition and do not need to replace with any other backflow prevention devices, consequently no backflow prevention devices are within our Scope of Work. ❑ The interior dimensions of the existing Pump House are insufficient to safely and Adequately accommodate the proposed Booster Pump Assembly and the existing Pump House piping alignments are opposite that of the proposed Booster Pump, consequently, it is necessary to locate the Booster Pump Assembly outside for the existing Pump House and install new piping from the DCVA to the new Booster Pump Assembly. ❑ PSL will call for locates and Mason County Parks will provide locates for the Utilities lines. Options: Whereas our Proposal is far less that your budget we believe Mason County may want to consider the following options to add to this project. ❑ Irrigation design and installation for the Park interior. ❑ A Pump House enclosing the Booster Pump Assembly included in our Proposal. Contractual Relationship: Whereas Design/Build projects are typically primed by the Contractor because the Contractor a not a Contractor and therefore do not have the insurance for contracting, PSL will enter into the contract with Mason County, and RWD will serve as a subcontractor to PSL. However, it should be clear that RWD represents Mason County and will be responsible for assuring design and construction quality. If a dispute or an issue arises, RWD will be final authority and will render a fair decision. 16 Professional Service Contract Agreement Exhibit B Mason County Irrigation System Replacement Project Puget Sound Landscaping Inc. Scope of Services /Fee Provided by Duane Householder, Puget Sound Landscaping Inc. Bid scope breakdown: Materials—Irrigation & Restoration $181,194.00 Labor $299,487.00 Design Services $45,000.00 Tax 8.5% $40,857.89 Total $566,538.89 The following Inclusions apply: • Includes all material & labor to install a complete permanent 2-wire Sports Field Irrigation System per provided design plans & details. • Includes new Irrigation Controller, CENTRALUS Module,VFD Booster Pump Station and accessories as per plan. * MCP will need to provide required signal method to controller location for CENTRALUS communication. *New Pump Station to be installed in enclosure outside of existing pump house. * Design build layout. Based on 65 PSI static off of City water main. • Includes irrigation sleeve material, installation and pathway repairs where required. • Includes topsoil placement and cleanup of all disturbed areas &trenches due to installation. • Includes seeding, fertilization and CoverGrow mulching of all disturbed areas. • Includes (1) year PSL standard Irrigation warranty. • Includes (5) year product warranty with use of all Hunter Products& Munro Pumping Station. *Product warranty to be provided by Hunter Industries. • Includes Pump Station start-up and training for Park personnel. • Includes product OEM manuals, training and As-Built drawings. The following Exclusions apply: • Excludes any grubbing, sub grading or vegetation removal. • Excludes material or installation of required Ethernet or Wi-Fi signal to the controller location. * MCP will need to provide required signal method to controller location for Centralus communication. 17 Professional Service Contract Agreement • Excludes any new irrigation for the interior area of park.New irrigation to be installed per plan areas only. *PSL will work with MCP to allow them to re-connect existing zones if applicable. • Excludes any site drainage material and/or work. • Excludes any erosion control material or installation of any kind. • Excludes material or installation of any Backflow devices. *Existing to remain. • Excludes any water meters or fees. • Excludes any new electrical work from source to existing pump house. *New 3-Phase power to pump house provided by others. • Excludes any tree removal and/or tree protection work. • Excludes any sod installation or material. *All areas requiring repair will be seeded. • Excludes any warranty of seeded areas in non-irrigated areas, damages by theft, vandalism or adverse weather conditions. • Excludes any type of apprentice program. • Excludes any maintenance. 18