City Council

CITY COUNCIL MEETING TUESDAY, MAY 15, 2018 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. COMMITTEE WORKSHOP DISCUSSIONS – 6:00 p.m.  Operations & Maintenance  Public Works  Planning REGULAR SESSION – 7:00 p.m. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. PROCLAMATION – Recognizing May 15, 2018 as Central Valley High School Girls’ Basketball Team Day in the City of Liberty Lake 8. RECOGNITION – Boy Scout Troop 325 9. REPORTS  City Board & Commission Reports  Liberty Lake Sewer & Water District & Other Public Agency Reports 10. CITY ADMINISTRATOR REPORT 11. ACTION ITEMS A. Consent Agenda i. Approve May 1, 2018 City Council Minutes ii. Approve May 15, 2018 vouchers in the amount of $502,451.54 B. General Business i. Approve pedestrian crossing replacement equipment in the amount of $5,380.78 ii. Approve purchase of traffic paint in the amount of $6,506.24 to stripe roads The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 11. ACTION ITEMS (continued) B. General Business iii. Approve On-Call Agreement with SPVV for construction assistance service not to exceed $20,000 iv. Confirm Mayor Peterson’s appointments of Tom Stanley to Position 4 of the Parks and Arts Commission, and Anita Eylar to the adjunct position of the Parks and Arts Commission 12. INTRODUCTION OF UPCOMING AGENDA ITEMS 13. CITIZEN COMMENTS 14. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. PROCLAMATION  PROCLAMATION CITY OF LIBERTY LAKE, WASHINGTON A PROCLAMATION OF THE CITY OF LIBERTY LAKE, WASHINGTON RECOGNIZING MAY 15, 2018 AS CENTRAL VALLEY HIGH SCHOOL GIRLS’ BASKETBALL TEAM DAY WHEREAS, the City of Liberty Lake recognizes the Central Valley High School girls’ basketball team consisting of: Anika Chalich, Hailey Christopher, Peyton Howard, Lacie Hull, Lexie Hull, Michaela Laabs, Kate Sams, Mady Simmelink, Camryn Skaife, and Tomekia Whitman; Managers Emma Horton, Grace Williams, and Cameron Rehkow; and Coaches Freddie Rehkow, Judy Walters, Josh Thomas, Nick Seaman, and Rob Rowe for the accomplishments they have achieved during the 2017-2018 basketball season, and for their hard work, dedication, perseverance, and love of the sport of basketball, and WHEREAS, the Central Valley High School girls’ basketball team secured their third consecutive undefeated regular season, and won their second state title in three seasons; and WHEREAS, the Central Valley High School girls’ basketball team ranked No 1 by Max Preps, No 2 in the nation by ESPN, and No 4 by USA Today, and outscored their opponents this season by an average of 44 points per game; and WHEREAS, Coach Freddie Rehkow was bestowed the accolades of being named 2017-2018 National High School Girls’ Basketball Coach of the Year by the National High School Coaches Association, and USA Today All-USA Washington Coach of the Year; and WHEREAS, the 2017- 2018 Central Valley High School girls’ basketball team finished their stellar season with a perfect 29-0 record, a State 4A title win, and celebration of their first postseason national invitation tournament win, securing the national championship. NOW, THEREFORE, I, Steve Peterson, Mayor of the City of Liberty Lake on behalf of the Liberty Lake City Council and the citizens of the City of Liberty Lake, do hereby proclaim that the City of Liberty Lake recognizes May 15, 2018 as “Central Valley High School Girls’ Basketball Team Day” in the City of Liberty Lake, Washington. Dated this 15 day of May, 2018 _________________________ Steve Peterson, Mayor ACTION ITEMS  City of Liberty Lake Consent Agenda for May 15, 2018 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through May 15, 2018 Payee Description Amount See attached voucher report. Total vouchers through May 15, 2018 $141,665.02 9‐May‐18 Northsound Auto Group, LLC $29,034.50 April, 2018 Payroll & Benefits $331,752.02 TOTAL $502,451.54 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 11Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: 5/15/2018 Solar Pedestrian Crossing DEPT. OF ORIGIN: Street Department EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Western System Quote EXPENDITURE REQUIRED: $5,380.78 BUDGETED: SUMMARY STATEMENT The Operation and Maintenance Department wishes to purchase a Solar Pedestrian Cross Signal to replace the one on Appleway and Country Vista. This was hit by a vehicle and was a complete loss. RECOMMENDED ACTION Approve purchase.  AGENDA ITEM NO.: 11Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: 05/15/2018 Striping Paint DEPT. OF ORIGIN: Street Department EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Rodda quote EXPENDITURE REQUIRED: $6,506.24 BUDGETED: Yes SUMMARY STATEMENT The Operation and Maintenance Department wishes to purchase 250 gallons of yellow and 250 gallons of white traffic paint for striping our city roads. We will be using the purchasing contact that the Spokane County has with Rodda and using the same paint. The paint is $11.96 a gallon, times 500 gallons is $5980 plus tax. The County will be doing our striping again for us this year. RECOMMENDED ACTION Approve purchase.  AGENDA ITEM NO.: 11Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: 05/15/2018 Orchard Park – On Call Professional Services DEPT. OF ORIGIN: Engineering EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Architectural and Engineering Services for Orchard Park EXPENDITURE REQUIRED: Not to exceed $20,000 BUDGETED: Yes SUMMARY STATEMENT Orchard Park is under construction and there are several areas where revisions are required. In addition, there is potential for plan interpretation and response to request for information that will be required. For these reasons, we are requesting Council approve an on-call contract for professional services with SPVV (copy attached). No budget amendment is required as we plan to manage these costs within the approved budget. These services will only be used on an as-needed basis. RECOMMENDED ACTION Approve On Call Agreement.  City of Liberty Lake Architectural and Engineering Services for Orchard Park Title: Architectural and Engineering Services for Orchard Park Estimated Agreement Value: $18,000.00 Additional Services Value: $2000.00 Estimated Completion Date: October 30, 2018 Contract Type: Hourly, Not To Exceed City: City of Liberty Lake 22710 E Country Vista Dr. Liberty Lake, WA 99019 Contract Manager: Dennis Scott, Engineering Assistant, Phone: (509) 607-2419 Contract Administrator: Katy Allen, City Administrator, Phone: (509) 755-6728 Architect: SPVV Landscape Architects. 1908 W. Northwest Blvd., Suite A Spokane, WA 99205 Contact: Kenneth L. Van Voorhis or Gina Smith, Phone: (509) 325-0511, Fax: (509) 325-0557 Email: kvan@spvv.com or gina@spvv.com WHEREAS, pursuant to Request For Proposals for Orchard Park, this agreement (“Agreement”) is made on ________________, 2018by and between the City of Liberty Lake, a political subdivision of the State of Washington hereinafter known as the “City” having offices for the transaction of business as listed above and the “Architect”, as named, and having offices for the transaction of business as listed above, jointly, hereinafter referred to as the “Parties”. For and in consideration of the mutual promises set forth herein, the parties mutually agree as follows: WHEREAS, pursuant to the provisions of the Revised Code of Washington, the City Council has the care of City property and the management of City funds and business; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set forth herein, the parties mutually agree as follows: ARTICLE 1. SUBJECT AND PURPOSE Services will be provided and/or performed as outlined in Article 20 as set forth herein by reference. ARTICLE 2. TERM Services shall be performed as expeditiously as is consistent with professional skill, industry standard of care and the orderly progress of such services. Upon request of the City, and subject to the City's approval, a schedule for the performance of the services which may be adjusted as the project proceeds, shall be submitted for review and approval. The schedule shall include allowances for periods of time required for the Orchard Park Professional Services Agreement Page 1 of 10 City's review and for the receipt of submissions by authorities having jurisdiction over the project. The schedule is shown in Exhibit A. ARTICLE 3. COMPENSATION The City agrees to make payment in the amount and manner stipulated in this Agreement. There will be no initial payment. Payments shall be made in monthly installments payable after review by the City Engineer and authorization by the City Administrator. Said authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of the services and costs performed in providing the services as set forth in this Agreement. Payment shall be in arrears the later of thirty (30) days from the date of receipt of a correct and proper invoice or date of receipt of acceptable goods/services (not from the postmark date or date shown on the invoice). All billing and correspondence shall be mailed to: Attn: Dennis Scott, Engineering Assistant 22710 E. Country Vista Dr. Liberty Lake, WA 99019 The Architect shall identify the project and services performed on all pay requests and documents associated with the Agreement. Pay requests will be numbered sequentially beginning with “Pay Request 1”. If the billing cannot be identified or the charges correlated with this Agreement it shall be returned without action. Cash discounts: If offered and accepted a cash discount period shall apply after receipt of a proper invoice or final acceptance of the goods/services, whichever is later (not from the postmark date or date shown on the invoice). Date of payment of an invoice shall be the date appearing on the warrant issued in payment of the invoice. Moneys past due may bear a finance charge as stipulated by law. The current rate is 1% per month. Identification of final invoice. In order for the Parties to close their books and records, the Architect shall state "final invoice" or other words to that effect on its final or last billing to the City for the services provided under this Agreement. Since this Agreement will thereupon be closed and any budget balances deleted, the Architect agrees that any further charges not properly included on the final invoice or previous billings shall be waived in their entirety. Standard Hourly Rates Additional Services: As presented at a later date. Standard hourly rates; Principal $125.00 Landscape Architect $115.00 Landscape Designer $105.00 Clerical $65.00 ARTICLE 4. APPROVAL OF DOCUMENTS The City's approval of documents resulting from the services provided by the Architect shall not relieve the Architect from its responsibility to comply with the standard of care for performance of its services set forth in this Agreement. Orchard Park Professional Services Agreement Page 2 of 10  ARTICLE 5. INSTRUMENTS OF SERVICE Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service. The City shall own all rights, title and interest in all of the Instruments of Service and all of the other materials conceived or created by the Architect, or its employees or subcontractors, either individually or jointly with others and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (hereafter "Materials"). All finished or unfinished Materials prepared by the Architect under this Agreement shall be the property of the City whether or not the project is completed or this Agreement is canceled prior to expiration. The Architect hereby assigns to the City all rights, title and interest to the Materials. The Architect shall, upon request of the City, execute all papers and perform all other acts necessary to assist the City to obtain and register copyrights, patents or other forms of protection provided by law for the Materials such work being at additional expense to the City. The Materials created under this Agreement by the Architect, its employees or subcontractors, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the Materials, whether in paper, electronic, or other form, shall be remitted to the City by the Architect, its employees and any subcontractors, and the Architect shall not copy, reproduce, allow or cause to have the Materials copied, reproduced or used for any purpose other than performance of the Architect's obligations under this Agreement without the prior written consent of the City's Designated Representative except that the Architect may retain copies necessary for record keeping, documentation and other such business purposes related to the Agreement. The foregoing shall not be construed to mean that the City shall acquire an exclusive possessory right, by copyright or otherwise, to the exclusion of the Architect, in standard elements found in the Materials (such as standard details) generated and authored by the Architect for its regular, repeated and ongoing use in designs, plans and drawings for its customers in the regular course of its business. The City further waives any claim it might have against the Architect for errors or omissions arising specifically from changes made by the City or others to the Materials after the completion of the work provided by this Agreement. This waiver does not extend to errors or omissions in the Materials unrelated to any such changes by the City or others. The Architect represents and believes that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. The Architect shall indemnify and defend the City at the Architect's expense from any action or claim brought against the City to the extent that it is based on a claim that all or part of the Materials infringe upon the intellectual property rights of another. The Architect shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this Agreement, amendments and supplements thereto, which are attributed to such claims or actions. This paragraph shall not apply to claims that arise from Materials specifically required by the City, or to portions of the Materials which the City directed the Architect to include within said Materials. If such a claim or action arises, or in the Architect's or the City's opinion is likely to arise, the Architect shall, at the City's discretion, either procure for the City the right or license to continue using the Materials at issue or replace or modify the allegedly infringing Materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. At the completion of the Agreement, upon request of the City, the Architect will furnish to the City, at no additional charge, two electronic copies on CD containing the final specifications in Microsoft Word 2016 or newer and all CAD drawing files in .dwg format in the most current software version. The Architect shall ensure that the substance of foregoing subsections is included in each subcontract for the services provided under this Agreement. Orchard Park Professional Services Agreement Page 3 of 10  ARTICLE 6. ENDORSEMENT OF PLANS The Architect shall seal and sign all drawings prepared for the project as required or upon request of the City. ARTICLE 7. NON-DISCRIMINATION The Architect shall not discriminate against any employee who is employed in connection with the services provided, or against any applicant for such employment, because of race, creed, color, sex or national origin, marital status, or the presence of any sensory, mental or physical handicap. ARTICLE 8. INSURANCE The Architect shall carry insurance in the types and amounts at all times during the term of this Agreement as identified herein in Subsection A from an insurance company or companies approved by the City and licensed in the state of Washington. Said insurance shall meet the minimum AM Best “A-” or better rating standard. The City shall have the final approval authority as to the limits, conditions and carrier. The City, its officers, agents and employees shall be named as Additional Insured’s under such insurance. The Architect agrees to furnish the City with evidence of the above coverages, in the form of a certificate of insurance with copies of all exclusions and deductibles applicable to the insurance policy as evidence of the above coverage, before work on the project shall proceed. Notice of cancellation of such coverage for nonpayment of premium shall be provided to the City at least thirty (30) days in advance. Notice of cancellation for any other reason, or suspension, or of reduction of coverage limits below that required under this Article shall be provided to the City at least thirty (30) days in advance. The Architect shall not commence work, nor shall the Architect allow any subcontractor to commence work on any subcontract until a certificate of insurance showing the insurance requirements set forth below have been met and submitted to the City for approval by the Contract Manager or Contract Administrator. Any exclusions must be pre-approved by the Contract Manager or Contract Administrator. The City reserves the right to review and approve all insurance carriers, companies, and coverages. The Architect agrees to furnish a copy of the Insurance Policy(ies) within five (5) days of receipt of a written request from the City. Failure of the Architect to fully comply with the insurance requirements during the term of this Agreement or under this Agreement shall be considered a material breach of contract and cause for immediate termination of the Agreement at the City’s discretion. Alternatively, the City may procure and maintain, at the Architect’s sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due the Architect under this Agreement. A. The limits of liability for the insurance required are as follows: 1. By Architect: a. Workers' Compensation: Statutory b. Employer's Liability -- 1) Each Accident: $1,000,000 2) Disease, Policy Limit: $1,000,000 3) Disease, Each Employee: $1,000,000 c. General Liability -- Orchard Park Professional Services Agreement Page 4 of 10  1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 2) General Aggregate: $2,000,000 d. Excess or Umbrella Liability -- 1) Each Occurrence: $1,000,000 2) General Aggregate: $2,000,000 e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $1,000,000 2) Property Damage: a) Each Accident $1,000,000 f. Professional Liability -- 1) Each Occurrence: $1,000,000 2) General Aggregate: $2,000,000 ARTICLE 9. MAINTENANCE OF RECORDS The Architect will maintain, for at least three (3) years after completion of this Agreement, all relevant records pertaining to the Agreement. The Architect shall make available to the City or the Washington State Auditor or their duly authorized representatives, at any time during their normal operating hours, all records, books or pertinent information which the Architect shall have kept in conjunction with this Agreement and which the City may be required by law to include or make part of its auditing procedures, an audit trail or which may be required for the purpose of funding the services contracted for herein. ARTICLE 10. COMPLIANCE WITH LAWS The Parties hereto specifically agree to observe federal, state and local laws, ordinances and regulations to the extent that they may have any bearing on either providing any money under the terms of this Agreement or the services actually provided under the terms of this Agreement. ARTICLE 11. ASSIGNMENT The Architect may not assign or transfer in whole or in part, its interest in this Agreement without the express written consent of the City. ARTICLE 12. MODIFICATION No modification or amendment to this Agreement shall be valid until the same is reduced to writing, in the form of a change order, and executed with the same formalities as this Agreement. ARTICLE 13. TERMINATION This Agreement may be terminated by the City, without cause, upon written notice. In the event of termination through no fault of the Architect, the City agrees to pay the Architect for all services performed to the date of termination based upon actual costs and expenses incurred according to this Agreement. Payment will be based upon an itemized breakdown and documentation by the Architect that services have been performed to the date of termination and acceptance of said documentation by the City. ARTICLE 14. VENUE STIPULATION Orchard Park Professional Services Agreement Page 5 of 10  This Agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement of this Agreement or any provision hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. ARTICLE 15. WAIVER No officer, employee, agent or otherwise of the City, has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City to enforce at any time any of the provisions of this Agreement or to require at any time performance by the Architect of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the City to hereafter enforce each and every such provision. ARTICLE 16. INDEMNIFICATION The Architect agrees to defend, indemnify and hold the City harmless from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from, an error, omission or negligent act of the Architect performed under this Agreement by the Architect, its agents or employees to the fullest extent permitted by law. The Architect's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the City, its agents or employees. The Architect's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Architect, its agents or employees shall apply only to the extent of negligence of the Architect or its agents or employees. Architect's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related expenses. The City agrees to defend, indemnify and hold the Architect harmless from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from, an error, omission or negligent act of the City performed under this Agreement by the City, its agents or employees to the fullest extent permitted by law. The City's duty to indemnify the Architect shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Architect, its agents or employees. The City's duty to indemnify the Architect for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the Architect, its agents or employees, and (b) the City, its agents or employees shall apply only to the extent of negligence of the City or its agents or employees. The City's duty to defend, indemnify and hold the Architect harmless shall include, as to all claims, demands, losses and liability to which it applies, the Architect's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related expenses. The Architect's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this Agreement or services performed or materials furnished directly or indirectly because of this Agreement. Architect further agrees that this duty to indemnify City applies regardless of any provisions in RCW Orchard Park Professional Services Agreement Page 6 of 10 Title 51 to the contrary, including but not limited to any immunity of Architect for liability for injuries to Architect's workers and employees, and Architect hereby waives any such immunity for the purpose of this duty to indemnify City. ARTICLE 17. NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail sent to the Parties at their respective addresses herein above given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. ARTICLE 18. RELATIONSHIP OF THE PARTIES The Parties intend that an independent contractor relationship will be created by this Agreement. The City is interested only in the results that could be achieved and the conduct and control of all services will be solely with the Architect. No agent, employee, servant or otherwise of the Architect shall be deemed to be an employee, agent, servant, or otherwise of the City for any purpose and the employees of the Architect are not entitled to any of the benefits that the City provides for City employees. The Architect will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors or otherwise, during the performance of this Agreement. ARTICLE 19. HEADINGS The Article headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the Articles to which they appertain. ARTICLE 20. STATEMENT OF WORK AND FEE FOR SERVICES A. Statement Of Work: The Architect shall provide professional engineering services as described in the letter attached hereto as Exhibit A and incorporated herein by reference. Services shall be coordinated with the Contract Manager or Contract Administrator. B. Basis Of Compensation: The value of this Agreement shall not exceed $18,000.00 consisting of hourly rates as set forth in Exhibit A. Additional Services not to exceed $2,000.00 and Reimbursable Expenses not to exceed $0. There will be no initial payments. The Fee Schedule lists budget estimates of Architect prices. Billing will be for work completed. The budgeted amounts may be reallocated between categories as the scope and work dictates without change order but will require written approval by letter from the Contract Administrator. The Architect will supply hourly breakdowns for each billing for all services billed. C. Additional Services: Performance of services under this Article must have the written approval of the City except as provided in this Agreement. D. Special Consulting Services: The Architect must have the prior written approval of the City. When containing special consulting services not normally associated with a project, the fee may be outside of the above guidelines (such as an expert or special investigations), and shall be charged using a maximum multiplier not to exceed 1.10 times the amount billed to the Architect for such services. E. Reimbursable Expenses: Not to exceed ($0.00). Additional reimbursable expenses must have the prior written approval of the City. Reimbursable expenses will be billed at cost times a maximum Orchard Park Professional Services Agreement Page 7 of 10  multiplier not to exceed 1.10 unless otherwise stated. Such reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses by the Architect and the Architect's employees and consultants in the interest of the Project. ARTICLE 21. CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and the other documents listed below and all modifications and change orders issued subsequent thereto. These form a contract and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the Contract Documents is set forth below: 1. Change Orders; and 2. This Agreement; and 3. Exhibit A; and 4. Request For Proposals. ARTICLE 22. OTHER EMPLOYMENT This Agreement is not an exclusive services agreement. The Architect may take on other professional assignments while completing the work set forth herein. ARTICLE 23. PAYMENT OF TAXES This Agreement is for the employment of the Architect as an independent contractor. The Architect holds that they are an independent contractor doing business as listed above and is solely responsible for paying any and all taxes associated with the work and services provided under this Agreement, including but not necessarily limited to income and social security taxes. ARTICLE 24. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement, which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. ARTICLE 25. SPECIAL PROVISION The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. ARTICLE 26. RECOVERY OF FUNDS Whenever, under this Agreement, any sum of money shall be recoverable from or payable by the Architect to City the same amount may be deducted from any sum due to the Architect under the Agreement or under any other contract between the Architect and City, including reasonable attorney fees and or any other collection costs. The rights of City are in addition and without prejudice to any other right City may have to claim the amount of any loss or damage suffered by City on account of the acts or omissions of the Architect. ARTICLE 27. ENFORCEMENT COSTS Orchard Park Professional Services Agreement Page 8 of 10  If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 28. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The Architect has read and understands all of the terms and conditions of this Agreement, and now states that no representation, promise, or agreement not expressed in this Agreement has been made to induce the Architect to execute the same. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed on the day and year set forth herein above. Kenneth L. Van Voorhis SPVV Landscape Architects Principal NOTARY STATE OF WASHINGTON ) ) ss. CITY OF ____________________ ) I certify that I know or have satisfactory evidence that the above _____________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged as the authorized agent for the Architect to be the free and voluntary act of the Architect for the uses and purposes mentioned in this instrument. DATED this ___ day of ____________, 2018. ___________________________________________________ Notary Signature Notary Public In And For The State Of ___________________ residing at _______________________. My commission expires ____________ Orchard Park Professional Services Agreement Page 9 of 10  EXHIBIT A Statement of Work Construction Phase • Participate in a maximum of 16 Project site visits (2x Monthly) with the Project’s contractor and/or subcontractor(s) to generally review the progress of construction and to see if the work completed is generally consistent with the intent of Owner request for change and the Landscape Architect’s Construction Documents. Landscape Architect may observe and discuss potential problems, review work and testing as defined in the project specifications. Assist the engineering assistant with preparation of site observation and contractor field directives, change or field documentation, request for change and provide recommendations on change proposals. •Review required contractor submittals, such as shop drawings and samples, but only to determine if they conform to the plans and specifications sealed by the Landscape Architect’s and for compliance of the visual and aesthetic design intent. • Review contractor’s payment applications to determine if the amount of work represented as complete is generally consistent with the Landscape Architect’s observations during its site visits. Landscape Architect’s review shall be subject to any noted qualifications by the Landscape Architect. Client understands that the frequency of the Landscape Architect’s site visits may limit Landscape Architect’s ability to review certain payment applications. Landscape Architect’s review shall not be a representation that Landscape Architect has supervised the work, or that Landscape Architect has reviewed how or for what purpose contractor has used or intends to use Owner’s payments. Review final contractor as recorded documentation and integrate into the electronic documentation for owner(s) use as “As-Built’s”. SPVV Landscape Architect will not survey as constructed conditions and City of Liberty Lake recognizes that the information used in the preparation of ‘As-Built’ documents is dependent upon the installers field measurements and accuracy. Excluded Services • Excluded Services are not a part of Landscape Architect’s Basic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following: undefined project testing. and testing of subsurface conditions, post geotechnical evaluation and soil chemistry ; post soils compaction; easement line location; roadway: drainage; utilities' location; signage; lighting and the design of traffic control components. Orchard Park Professional Services Agreement Page 10 of 10 From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Monday, April 02, 2018 2:21:35 PM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 4/2/2018 City of Liberty Lake Parks and Arts Commission advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Anita Last Name Eylar Address1 N Caufield Ct Address2 Field not completed. City Liberty Lake State WA Zip 99016 Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Field not completed. Business Address N Caufield Ct Address2 Field not completed. City Liberty Lake State WA Zip 99016 (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you Over 6 years lived in the City of Liberty Lake (continuously)? Have you been No convicted of anything other than minor traffic violations? List of Convictions NA (Section Break) Educational Associates Degree-Business Administration Background Professional I have lived and worked in Liberty Lake since 2010. I am Qualifications / Work currently an IT Director with vast experience in computer Experience technology and online marketing. My qualifications include 4 years of land development involvement in Kootenai County, going to council meetings, working with neighbors as a group effort, and writing numerous documents and organization of the group. I have also competed in Mrs. Washington the last two years, which provided me the opportunity to publicly speak, attend many fund raisers, and develop rapport with leaders in communities. Community Activities / I have taken an interest in Liberty Lake for years as a Involvement homeowner in Greenstone’s River District since 2013. I am a Experience proponent of Greenstone’s diversity and green space philosophy because of the positive impact it has on the communities they build in, along with the increase in business for these communities as well. I love the outdoors and enjoy seeing families sharing culture and open space with neighbors. I have attended many events at Pavillion Park and want to help in making this park and all Liberty Lake parks a rich tradition for residents and outlying communities. I am an outdoor enthusiast and have pets that also partake in the fun at Liberty Lake parks with me and my husband. My volunteer work for the community involves animal rescue groups, Valleyfest, and various other organizations. I also volunteer as a lead for Next Door River District, which is a community oriented website for neighbors to share community information. I also oil and acrylic paint, do DYI projects and photography as hobbies from my passion and apprecaition of the arts. Other Qualifications / Being part of the Parks and Arts Commission as a volunteer Reasons for Desire to would be an honor. I will provide objective ideas, decisions and Serve professionalism to represent one of Liberty Lake’s finest assets, their citizens. The parks and arts are such an integral part of a community and I would serve my term making Liberty Lake a community we all can be proud of. I appreciate you considering my application. (Section Break) Reference #1 Name Dan Frickle Reference #1 Phone Address1 Address2 Field not completed. City Otis Orchards State WA Zip 99037 (Section Break) Reference #2 Name Tom Sahlberg Reference #2 Phone Field not completed. Address1 Current member of Parks and Arts Commission - Orchard Park Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #3 Name Sally Waltermire Reference #3 Phone Address1 . Address2 Field not completed. City Liberty Lake State WA Zip 99019 Email not displaying correctly? View it in your browser. Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of May 8, 2018 Please note: This is a work in progress; items are tentative TENTATIVE ITEMS: Date Item Point of Contact PENDING June 5 Strategic Planning Workshop Lisa Key Approve lobbying agreement to retain Jennifer Ziegler and Jeffrey DeVere as a subcontractor Katy Allen for $24,000 Approve pedestrian safety crosswalk Dennis Scott installation on Country Vista Drive and Eagle Approved contract with Accountemps, a Robert Half Company, for HR service support RJ Stevenson TBD Hawkstone 2nd Addition Final Plat Resolution Lisa Key Development Code Amendment(s) Lisa Key RCO Conversion Agreement for Rocky Hill – Jennifer Camp Orchard Park Parcel Approve Centennial Trail Agreement Jennifer Camp 2018 – 2023 City Capital Facilities Plan Lisa Key Update PUBLIC HEARING: Adopting the City of Liberty Lake’s Six Year Transportation Dennis Scott Improvement Program for 2018 through 2023 RESOLUTION: A Resolution of the City of Liberty Lake Authorizing and Adopting a Six (6) Year Transportation Improvement Program for Dennis Scott 2018 through 2023 Approve service contract with Ptera for phones RJ Stevenson and cameras Approve consultant agreement for community outreach & improved communication Katy Allen Planning Commission Re-Confirmations st nd (recurring – 1 or 2 meeting every ? December)