Res 1486 - Agrmt Andy Leisinger
COUNCIL BILL NO. 1894
RESOLUTION NO. 1486
A RESOLUTION ENTERING INTO AN AGREEMENT WITH ANDREW J.
LEISINGER, DBA LEISINGER DESIGNS, TO PROVIDE LANDSCAPE
ARCHITECTURAL AND ENGINEERING SERVICES TO THE CITY FOR THE
DEVELOPMENT OF PHASE 1 OF CENTENNIAL PARK AND AUTHORIZING THE
MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, the City and the Woodburn community are enthusiastic about the future
development of Centennial Park; and
WHEREAS, landscape architectural and engineering services are necessary to develop
Phase 1 of the park; and
WHEREAS, the City conducted a Request for Proposal process to solicit said services;
and
WHEREAS, Leisinger Designs submitted a proposal and was selected by the city to
perform the work, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an agreement with Andrew J. Leisinger, dba Leisinger
Designs to provide landscape architectural and engineering services for the development of Phase
1 of Centennial Park.
Section 2. That the Mayor is authorized to execute, on behalf of the City said agreement,
a copy of which is affixed hereto as Attachment" N', and by this reference is incorporated herein.
Approved as to form~ ~ ~
City Attorney
b-i-t-q<6
Date
APPROVED0~ ~A#J
Nancy A. . sey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Rec
ATTEST:
Mary Te t, City Recorder
City of Woodburn, Oregon
June 8, 1998
June 9, 1998
June 9, 1998
June 9, 1998
Page 1 - COUNCIL BILL NO. 1894
RESOLUTION NO. 1486
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\TTACHMENT~ A_
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PERSONAL SERVICES AGREEMENT
This Agreement is made and enteced into by and between the City ofWoodbum, Oregon,
hereinafter referred to as -Citt'. and Andrew I. Vi~. dba Lftsioger DesigDs. hereinafter referred
to as "Consultant-. regarding work related to the CentfIftni8J Patt, Phase 1 foe the City ofWoodbum,
Oregon.
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IT IS HEREBy AGREED byaad betweea the parties to this Agreement:
1. Tenn
The term of this Agreement sbaIl be from the date of execution by both parties until tub
required hereundec are complete and accepted. unless earlier teI'mirotted in accordance
herewith.
2. Coasultaat', Services
Consultant agrees to pedonn the services sought in City's RequeSt for Proposal (attached
hereto as Exhibit "A") as specified in the Consultant's proposal dated May 21. 1998,
(attached hereto as ExIu"bit "B").
3. Coasideratioa
City IbaIl pay Coo-.ltat a IUDl DOt to exceed $48.960.00 tOr the basic tub IpeCifiecI in
&hibits "A" and "B". Howevec. compensation may be less than such mnimn-n1lllOUDt ad
abaD .~aJIy be dUel ...1noc:1 on an IIoudy buia at Cnn-....... boady ates u IpeCifiecI in
&inUit "I)". Cn-.Itaat IhaD fbmish with each biB fix' Iel'vices an iu!mi~ ItIfemeat
showing the Imouat of services devoted to the project bY Om-elltant U well U any agents
or employees ofCoa-q,ltiat and any direct expenses wbich are er~"ble for reimbunement.
Direct expaases ~ for~ IhaD be ~ on each invoice aDd 1ft subject
to approval by City prior to payment.
4. Pa;yment
Con~n~ shaD submit an invoice to the Otyby the 10th day of each month dP.t.i1i11g project
houri and expenses iacurred during the pnMous month. City sbaII make payment to
ConsultaDt for each invoice by the last day of the month in which it is received.
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5. Iadepeadent Coatractor
Consultant is engaged hereby as an independent coatractor. and will be 80 deemed for
pwposes of the foUowing:
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ATTACH)'ENT-4l-
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A Consultant will be solely respoDSl"ble for payment of any Federal or State taxes
required as a rauIt of this Agreement.
B.
The Consultant is an independent contractor for purposes of the Oregon workers'
compensation law (ORS Chapter 656) and is solely liable for any workers'
compensation coverage under this Agreemeot
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6. Employees
No person shall be employed for more than eight hours in any one day, or 40 hours in any one
week, except in cases of absohJte necessity, emergency or where the public policy absolutely
requires it, and in such cases except in cases of ~ foe personal services as defined
in ORS 279.051. the Iabon:r sbaD be paid at least time and a balfpay fur an overtime in eu:ess
of eight hours a day aDd foe work performed OD ~ ad on any Iega1 holiday IpeCifiecI
in ORS 279.334. Persons who perform work under a penooa1 services agreement shaD be
paid at least time and a half of all overtime worked in excess of 40 hours in any ODe week,
c=ept for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C.
~~20 1 to 209 from receiving overtime.
Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant
shall be tWly responsible for payment of aU withholding required by law. including but not
limited to taxes, iPcluding payroll. ~ Social Security (FICA) aDd Medicaid. Consultant
shall also be 1WIy responsible fix' payment of salaries. benefits. taxes. Industria1 Accident Fund
contribu1ions aDd an other dJqes 0Il1CCOUDt ol any empIo,ees. ~lItant IhaIl pay to the
Department olRevenue aU sums withheld &om employees pul'SUIIIt to OKS 316.167. AD
costs iaddem to the hiring of nsi!ltttntl or emplO}eCS IbaIl be CODdtlDt'a rapnnsibility.
Cnn-.-.1haI1 ~, defeadand hold Oty harntlal fian daimI forpaymeat olaD IUCh
expenses. Expenses re1mng to items let forth in this ~ sbaIl DOt be the basis of
additional reimbursement of Consultant. " '
No penon sbaD be deaied 01' IUijected to disQimi~ ill RCCipt of tile benefits of any
services or activities made possible by or plIII1ting fivm this Agreement on the grounds ol
see. race, color, aeed, marital status, .age, disabDity or ~ origin. Any violation oftbis
provision sbalI be grounds foe ~OD, tefll1ination 01' suspeasion of the Agreement in
whole or in part by City. .. ' 4 ..
7. IademDity aDd Iasuraace
Consultant acknowledges responsibility for liability arising out of the pecfonnance of this
Agreement and shall hold City. its offi~ agents. and employees harmless from and
indemnifY and defend the same of any and all liability. settJ~ loss, costs and expenses
in connection with any action, suit, or daim resulting or allegedly resulting from Consultant's
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DUPUCATE ORIGINAL
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negligent acts, oonssions,. activities or services provided punuaut to this Agreement or from
Consultants WIurc to perform its respoasibilities as set &xth in this agreement.
Consultant, its subcontractors, if any, and all employers working UDder this Agreement are
subject employers under the Oregon Workers Compensation Law and sba1l comply with ORS
656.017 which requires workers' compensation cowrage for aD their subj~ workers.
Consultant sbalI maintain throughout this Agreement the foDowiDg insurance:
A Workers' compet1S8tion and employers liability insuraDce as RqUired by the State
where the work is perfonned.
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B. Comprehensive automobil~ and vehicle liability insurance covering claims for injuries
to members ofthc public and/or damages to property of others arising from the use
of motor whides, including on-site and ofr-site operations. and owned. aon-owned,
or hired vehic1~ with $Soo.ooo combined single &mits.
c. Commercial genetalliability insurance covering daims for injuries to members of the
public or damage to property of others arising out of any covered negligent act or
omission of Consultant or of any of its employees. agents or subcontractors, with
$1.000,000 per occurrence and in the aggregate..
Except in the case of Workers' compensation insurance, City shall be named as an additional
insured with respect to Consultant's insurance coverages ideatified herein.
The coverage provided by these policies shall be primaJy aDd any other insurance carried by
Oty is eK<<'SS. Consultant sbaI1 be responsible for any deductible JI1'OUDts payable under all
pondes of insurance.
I. StaDdard or Care
In the performance ofits professicmal services. eouS.lltaat IhaJl use that degree of care and
skill ordioaaily aadsed UDder similar droon1st'~ by feIMItlhle members ofits profession
practicing in the State of Oregon. ConsuItaut wiD repafixm any Iel'Vices not meeting this
.~ without adcfltional compensation. Consultant'a Rperformaace of any services. even
if dQae at atta RqUeSt, shaD. DOt be COII$idered as . limitation or waiwr by City of any other
remedies or claims it may have arising out of cou,ltant's &jlure to perform in accordance
with the applicable standard of care or this Agreement.
9. TermiDatioD
This Agreement may be tenninated prior to the expiration of the agreed upon terms:
A By mutual written consent of the parties;
B. By City for any reason within its 80Ie discretion, effective upon delivery ofwritten
notice to Consultant by mail or in person; and
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DUPUCATE ORIGINAL
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C. By CnQ~1I1f-ant.. effective upon sevea days prior writteaDOtice in the event of
subnnt;aI 1iiIure by City to perfonn in accordance with the terms through DO fiwIt
of Consultant.
,
If City tennin,tes the Asreement in whole or in p~ due to defiwlt or &iIure of Consultant
to pedorm ~ in accordance with this Agreement, City may proaJI'e, upon reasonable
tenns and in a fPJtSOaabJe 1J18DDeC. services similar to those 80 ternVnAttld. In addition to any
other renvvfieJ the City may have, CoasultaDt sbaII be 6able for III costs ad damages
ina.ured by City in proauing such sinular service, and the Agreement shaD be in fun force to
the extent not terminated.
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If City tenninates the Agreement for its own convenience, payment of Consultant shall be
prorated to aud include the day oftennination and shall be in full utisfaction of all claims by
ConsultaDt .p~ City under this Agreement.
Termination undec any provision of this paragraph shall not aft"ect any right. obligation or
liability of Consultant or City which accrued prior to such ~on. Consultant shall
surrender to City items of work or portions thereof for which Consultant has received
payment, or City has made payment. City retains the right to elect whether or not to proceed
with actual COnstruction of the project.
10. Work is Property oraty
All work in its orisiaaI form which is performed or produced by Cnr-lltaDt UDdec this
~.... be the -J.. property ofaty aad sbaJ1 be deIiwred to aty prior to fiDa1
paymeat. Any IICItutoIy or lnmnoG law rights to such ~ heId.by CnMtdtaat as creator
ofsudl wodc.... be ~ to atyupon n=quest without'iddidoaal compeasatioa. Upon
City's approval_ poyided Oty is id~ in cn~ therewith Cnn-I~ may iDcJude
Coo-~IIIta'lt'l1VOlt.its ~ materials. Drawings may bear . di....~ releasing the
Con-~II~ fi1lm any liability for changes made on the original drawiugs and for reuse of the
drawings subsequent to the date they are turned over to City.
11. Law'orOregoD
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The Agreement sbaII be governed by the laws of the State of Oregon. The Agreement
provisions required by ORS Chapter 279 to be included in public agreemems are heRby
incorporated by reference and shall become a part of this Agreement u if fUlly set forth
herein.
12. Adherence to Law
Consultant shall adhere to all applicable federal and state laws, including but not limited to
laws, rules, regulations, and policies concerning employer and employee relationships,
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ATTAC~ENT~
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workers' ~sation. aDd. minimum and prevailing wage requirements. Any certificates,
licenses or penuits wbida Consultant is required by Jaw to obtain or lmIIinbin in order to
perform wodc under this Agreement, shall be obtained and maintained throughout the term
of this Agreement.
13. MOdificatioa
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Any moO~ of tile provisioas oftbis Agreement sbaJl DOt be CIIfincabIc uuIca Rlduccd
to writing and signed by both parties. A modification is a written doaunent,
contemporaneously executed by City and Consultant, which ina-eases or decreases the cost
to City over the agreed sum or changes or modifies the scope of service or time of
performance. No modification shall be binding unless executed in writing by Consultant and
City.
14. Attorneys Fees
In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements. a reasonable attorneys fee to be fixed by the trial and appellate courts
respectively.
o
IS. Integration
This ~ inch-di'18 but not limited to Exhibits and Consultant', poposal.Jbmitted to
Oty COfItJIins tile eadre ad iotegrated ~ between the parties and supersedes aD prior
written. or onl ~I~ ~ or egreemeats. Ja case ofcoaftict IIDODg these
doauneots the provisioas oftbis Agreement shall control
IN WITNESS WHEREOF. the parties have caused this Agreement to be secutcd by their
duly appointed officers OD the date first indicated below.
CITY OF WOODBURN
ANDREW 1. LEISINGER
B~
Nancy k. Kirksey, Mayor
Date:
Date:
ATIEST:
MaJy Tennant. City Recorder
City ofWoodbum
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DUPUCATE ORIGINAL
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ATTACHMENT A
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Requeslfor Proposals
Ceoteooial Park, Phase 1
City ofWoodbana, R<<ratioa and ~ ))epartmeot
The City ofWoodbumisaow lCf~proposaIsfiomselciCteclfirmsto completedesisn tasks for the
CaJtP.nnia1 Parle Phase 1 p\jcct. FII1DS wisbiug to ...... ~ shou1cl8llS'M:l"this RqUeSt by
ThIU'lday, May 21, U98 at S:GO p.a ~ am be &xed to (503) 98U471 or mailed or
delivetedtotheWoodbum~ODadParlcsl>cpartmem,491 N. TbinlAvenu~ Woodburn, OR
97071.
...... .
All questions col1Cel'Diua the proposal or scope of work should be directed to Randy Westrick
R.ccceatioa aud Parks DiRdor. 491 N. Third SCRlet, Woodburn. Oregoa. 97071. Te1ephoae No.
(503) 982-5265. For. copy of the Proposal Instnactioas aud Scope ofWcxk. please CODtact the
Recreation and Parb~
PROJECT OVERJIlEW
Centennial Park is a 26-acre community park site located at 828 Parr Road (west of Valor Middle
School) in Woodburn. The City iDtends to pursue a three-phase development of the parle below is
an analysis of the phasing Cor the project.
Cea.tP-nnial ParkPhasin2 Plan
Phase 1 Pm. 2 Phase 3
. Accas... . z.t,.~fidds . . n..csaar "'leek &dIit.r
. PGr"'Impa~ . l~mdI&eId ~
. PmiDg . ~
. Bx&cad1oop""5J*- . 0HIc [ ut,..,R:Sb.vuau
. ~fieIds ~.
. l~fidd . ACCCIII pIIIIs
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. ~i"Ll. _J~ . Palcllldlec
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. Sccarity ..gr.m.g . Sileant.i JlJ.~'
. SUe JI1III'JOi4"es
AD ......1idds iDcIude . . .. . .eas.R1ear8R1UDd8lld~ase. '
Fundil18 is aureotIy available for Phase 1 of the project. However. the City is interested in
developing a designaad construcCioo ~tbatwillfidlycompletePhase I before ~inn;"8f.bture
phases. The pad: should be d~g1Jed aad CODStructed so that Phase 2 impro~ are
accomplished with minirns1 ~ to Phase 1 aDd the use of the &ciIities. _
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114lU!Stfor Propose
CellteoDW Park, ftase 1
P~2
SCOPE OF DESIGN.-.YICBS
1. Refine and ~ SitePJaa
· Refine_., plan to ~ faeiIities and flIISUre safe use.
Detenoiae d6cieot pedestrian and bicycle traffic patterns in relationship to park
attractioos aod vehide parting aad access ~.
· Provide · ~ ~atioa ofpadc IaudscapiDg. trees and other 8esthetic
feat1.Rs.
· Dewlop an atnctive display cIomnIeat fOr public plXk.nfatioos.
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2. Secure City ofWoodbum. PJannn.g Cormntssion S"tte Plan approval
3. Parr Road Iinprovemems
4. Topographic Survey
5. Construction Doc.uments
. Grading plan
· Utilities plan
· IniB'diaa piau
· PLmtitw plan
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· T~ IpeC'ifbIioas
· Coaslnaioa cost elIf1uudes
6. Constnacdon ~'"-1g
7. Constnacdon 'rnpeWoa
8. ~ Sclvodule
INFORMA110N/JN8TRUClJONS
1. The proposal must contIiu brief cIescdpcioas ofsimilarwodc pedormed fordiems,' including
the dates of~ aDd the DIllIe and phone IIUIDber of the diems.
2. Proposals shall include a description ofJXOfessioaal experience rdated to services sought by
the proposal8Dd pedooned by the lead penon or cumat sm1fmembas proposed to be used
on this proposal
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SU!f1leSt for Propos.Js
CentenDiaI Park. Phase I
Page 3
EXHtSf[ A
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3.
The proposal must show the ~lmate IDIJIlber ofhours aDd hourly late for each person
and aD othec costs. Expenses should be sepant1eIy ~ and edirmlfed.
4. The co~,IhtDt will be expected to meet the qualificatioos contained in this RFP.
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S. Proposals must be executed in the name of the firm followed by the ~'re of the officer
authorized to sign for the firm and the printed or typewritten d~ of the office held,
together with certification the proposal has been authorized by the firm.. controlling
members. The addn:ss of the provider sbaIl be typed or printed on the pIOpu:Ad form and
shaD include tax ~ 1IUIIIbca. and the state in wbidt it is incorporated. if'appIicable.
6. Proposals which are i~mplete or which are rnncIitioned in any way. or which COIltain
erasures or alterations. may be noJected as incomplete.
7. At any time prior to the date and hour set fur the receipt of proposaIs. a provider may
withdraw hisIher proposal. WIthdrawal will DOt preclude the submission of another proposal
prior to the hour and date set for the opeoing of the proposal.
8. It is the policy of the City of Woodburn to promote equal oppoI1uoity to an peIIODS
regardless of nee. color, reIigioa. nM10aIJ odsia. sex, .. or d"-sabiIity, in respect to
emplO)'meat I.".ttiDg ad public ICIYiccs fomocI by ~ 8H1nned by die aty as a
l'JOI1ditioo of~aftecleal ad 1tItefimds. This poIicytlm booonres an ohIigatioa wIich
must be ."""Cd by the QJa.dflDl as 1WlII. '
9. Proposals not IDC,1_'8 these RlQUiren-e.l(S may be ~ectecl i(in the Oty's opinion. such
~ is in the beat iDtaat olthe City.
10. It is tile iDteat of tile City to mab a ~ fiom 1he Proposals athmittecL The City may
select JII(R ... oae propu.I where the iadividuaJ(.) who are IIOt 1he top ~ may
~ be ~ to Iene as a1t~ in 1he evaJt ofproCessional edJicaI diLommtt .
Howevec,III(ft ioGjIIl....~(ioa~be ~ if two or men proposals seem to be equaUy
qualified. ~
11. Questions and ideas CODCeming the scope of wode, are invited and should be directed to
Randy Westridc. RecIeation and Parks Director at (503) 982-5265.
12. Three (3) copies of the proposal must be submitted to Randy Westriclc not later than 5:00
p.rn. on May 21" 1998.
13. The proposals submitted may beconsideced pre1imiamywith afioal scope to be agreed upon
after consultant sdectioa.
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PAiJo4V'C~'~ ;, ~ ~
A~--I.lU!StfOl' Proposm
Ceateanial Park, PItase I
Page 4
EXHI~
Page oft
EVALUAnONCRlTERIA .
I. Cost to Chy
2. Qualifications
3. References
PROJECT SCHEDULE
TIlDe is of the esseuce with this project. The eem...... Park TaskFOR)C clevdoped the Preliminary
S-Ite Plan this spring and the aty's Budget Committee approved . fimcrmg for the package on May
7. 1998. The project design team should be prepared to wode on parallel tracks to accomplish design
and construction tasks. Coriununity expectations and significant funding agencies require substantial
completion of Phase 1 by December 31. 1998.
FURTHERINFORMAnON, QuanONS
AIl)'ODC ~ng more iafornJatioa on the project should direct iaquiries to R.mdy Westrick.
Recceation and Parb Director at (503) 982-5265.
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Hay 21. 1998
LEISINGER
DESIGNS
Kr. Randy Westrick. Director
Woodburn Recreation and Parks Department
491 N. Third Street
Woodburn. Oregon 97071
RE: Centennial Park. Pl1ase 1 Park Improvements
Request for Proposals
Dear Randy.
Leisinger Designs is very interested in provicl1ng Landscape
Architectural and Bna1neering serricea 1:0 the City of Woodburn
for the Phase 1 Park ImprovemeAts at Ceatennial Park.
We offer you a well estahliahed teaa with experience. knowledge
of park aud recreation p1-.,4"8. eaa1DeeriDa and cost estillatiag.
Oar teaa. vblch includes Jerry L. Groff. P.K.. Civil Engineer.
will focus on each unique need and provide ..L,ndscape
Architectural and Engineering services that .eet your needs on
this important project.
* Leisinger Designs. Laudscape Architect. Salell. Oregon:
Project Hauage.ent. Pre14m4nery r"ndSC8p8 Architectural
design coordination. CODStruction docaEnts. client
coordination and contraCt Am.4n181:ration.
. I
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* Jerry L. Groff. P.E.. (:ivil Engineer; SaleIa. Oregon:
Project coordination of ail public works related work.
including Parr Road. topographic survey. grading. utilities.
construction staking and inspections.
Leisinger Designs and Jerry L. Groff. P.R.. offers a combination
of experience. local knowledge and cOllllllUDication skills with
special qualifications in the preparation of plans. cost
estimates and park/road construction desiga and administration.
Our team offers the following special qualifications. for
providing quality landscape architectural:/ engineering services to
the City of Woodburn that no other consultant can match:
+ - ~~tensive experience in the design. construction drawings.
coordination and actural imp~ementation of building roads
and parks (all phases). .
, 340 LESUE STREET S.E.' SALEM. OREGON 97301' (S03) ~
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ATTACHMENT~
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EXHiBIt f:>
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LEISINGER
DESIGNS
Page 2.
Centennial Park. Phase 1
Park Improvents
RFP
+ Leisil1ger Designs is very familiar with projects vhicb
bave.1uvolved neighborhood. groups. park boards. and city
staff in the fiDalizing the park IllaSter plan. Having
perfoJ:1Ded project design on numerous public park projects.
we understand the special concerns of the City and affected
concerns of this site and are prepared to provide
professional landscape arcJ:U.tectural and engineering services
to effec~ively meet your project needs.
+ We are clos~ to the project. From our Salea offices. we can
respond very quiCkly to questions. problems or concerns from
City staff. or other agencies and the contracto~ during the
construction phase.
We will provide you with 1:he same quality service our long term
clients have come to appreciate' and expect. With the team
cooperation aacl .uf-n-l support between Leis1Dger Designs and
Jerry L. Groff. P.E.. t:be succeaful plaas and contract
administration of this project will be accO.ip~bed on time and
to the satisfaction of both the City and Citizens of Woodburn.
The services offered in this proposal are intended to ..t all
terms and conditions of the UP. Andrew J. Leisinger. ASLA. is
authorized to represent Leisinger Designs in contract
negotiations on this project.
On behalf of the.. Le1s1Dger Designs and Jerry L. Groff. P.R.. we
thank you for your coosideration. Our present work load allows
us to begin iDlDediately, and provide the complete range of
landscape architectural/engineering services OIl this project.
Should you have any questions or require anyadditiODal
information. please do not hesitate to call us at 503-378-0200.
340 LESUE STREET S.E. SAlEM. OREGON 97301 (503) 3784200
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ATTAC~ENT II
Pag~ of 13
EXHIBIT 6
Page --!:L of t.f
Hay 21. 1998
LEISINGER
DESIGNS
FEE P R O.P 0 S A L
FOR
C E N T B N N I ALP ARK. P H,.A S B 1
PARK. IMPROVEMENTS
C I T Y 0 F WOO D BUR N. 0 REG 0 N
(as indicated in the RP'P. Information/Instructions '3.)
The approximate'hour$ for:
Andrew J. Leisinger. Landscape Architect. ..341 Hrs. @ $70.oo/Hr.
Jerry L. Groff. P.I. Civil Engineer...... ..313 Hrs. @ $75.00/Hr.
Additicmal Charges for printing. typing. telephone @ $960.00
Total Approzt.ate Cost to City............$ 48.960.00
FEE SCIIBDULB:
LaQdscape Architect.......................$ 70.00
Civil Engtneer............................$ 75.00
Clerical..................................$ 40.00
Items provided by City of Woodburn:
-1. Any site prior site plans. ..
2. Utility plans (Parks or Public Works). on/off site.
3. Plans froa, the adjacent school property (if possible).
340 LESUE STREET S.E. SALEM. OREGON 97301 (503) 378-0200
.r----.-........-.. I'