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HomeMy WebLinkAboutR-1999-066 PROFESSIONAL SERVICES AGREEMENT TO ASSIST WITH PLANNING, DEVELOPMENT, AND CONSTRUCTION OF A SKATE PARK LOCATED AT CHESTERESOLUTION NO. R-99- 6 6 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with Jon Ortgiesen, d/b/a "Skate Parkitecture" to assist with planning, development and construction of a skate park to be located at Chesterley Park, Yakima, Washington. WHEREAS, the City Parks and Recreation Division requires professional services to assist with planning, development and construction of a skate park to be located at Chesterley Park, Yakima, Washington; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide said professional services; and WHEREAS, Jon Ortgiesen, d/b/a "Skate Parkitecture," has the experience and expertise necessary to provide said professional services and is willing to provide such services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with Jon Ortgiesen, d/b/a "Skate Parkitecture;" for professional services in accordance with the terms and conditions of the attached agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated agreement with Jon Ortgiesen, d/b/a "Skate Parkitecture," to assist with planning, development and construction of a skate park to be located at Chesterley Park, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 18th day of May, 1999. ATTEST: City Clerk (Ik)res-parks-ortgiesenskate park -99 .pm John uccinelli, Mayor PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter the "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Jon Ortgiesen, d/b/a "Skate Parkitecture" (hereinafter the "Consultant"). WHEREAS, the City Parks and Recreation Division requires professional services to assist with the planning, development and construction of a skate park to be located at Chesterley Park, Yakima, Washington. WHEREAS, the Consultant has the experience and expertise necessary to perform said professional services and is willing to do so in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The Consultant shall provide the City with professional services in conjunction with and in accordance with the attached and incorporated Exhibit "A." 2. Time Period for Performance of Service. The term of this Agreement shall commence upon the execution hereof and shall terminate at the time of satisfactory completion of all services/tasks outlined in Exhibit A unless the Agreement is earlier terminated by either party in accordance with Section 21 of this Agreement. The Consultant shall proceed in a timely and diligent manner. The Consultant shall not be responsible for any delays that could not have been reasonably foreseen by the parties at the time this Agreement was executed, or delays that are caused by factors/circumstances beyond Consultant's control. 3. Compensation. a. Fee for Services. As consideration for the professional services performed pursuant to this Agreement, the City agrees to compensate the Consultant in accordance the Fee Schedule which is attached and incorporated as Exhibit "B." Except as otherwise authorized by the City for additional services, the total fee to the Consultant for all services provided under this Agreement shall not exceed Six Thousand Five Hundred and Fifty Two Dollars ($6,552.00). b. Fee for Additional Services. In the event that the City requires, through no fault of Consultant, that Consultant make modifications to drawings and/or specifications that have already been approved by the City, Consultant shall be compensated in accordance with the hourly rate structure specified in Exhibit "B." (ik)agr-skate parkitecture-pm 1 c. Payment for Compensation. The Consultant shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after services are provided. The City shall make payment to the Consultant within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon the Consultant providing professional services hereunder which are satisfactory to the City. d. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 21, the Consultant shall be compensated in accordance with the above terms for all satisfactory services provided to the City under this Agreement up to the effective termination date. e. Maintenance of Financial Records/Documents. When requested to do so by City representatives, the Consultant shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by City representatives during the term of this Agreement and for a period of three (3) years following the final payment to the Consultant by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Consultant shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Standard of Performance. The Consultant shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 5. Ownership of Documents. All reports, designs, drawings and specifications prepared by the Consultant pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Consultant in accordance with the Agreement. The Consultant shall provide the City with originals and/or reproducible copies of such documents as requested by City representatives. 6. Information to be provided by the City. The City shall provide the Consultant with all necessary information as specified in Phase 1, Section (B) of Exhibit A. 7. Status of the Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, the Consultant and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. 8. Taxes and Assessments. The Consultant shall be solely responsible for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is (1k)agr-skate parkitecture-pm 2 assessed a tax or assessment as a result of this Agreement, the Consultant shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, the Consultant shall not discriminate in violation of any federal, state, and/or local law and/or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training, and the provisions of services under this Agreement. 10. The Americans with Disabilities Act. The Consultant shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 11. Compliance with Law. The Consultant agrees to perform all services required under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 12. No Insurance. It is understood the City shall not maintain liability insurance for the Consultant, its officers, employees or subcontractors. 13. Indemnification and Hold Harmless. a. The Consultant agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Consultant, its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance or nonperformance of the services, duties, and obligations required under this Agreement. b. In the event both the Consultant and City are negligent, the Consultant's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) that can be apportioned to the Consultant, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this agreement shall be construed to create a liability or a right of indemnification in any third party. (1k)agr-skate parkitecture-pm 3 14. Insurance Provided by Consultant. a. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Professional Liability Insurance. Before this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1999, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. c. Insurance provided by Subcontractors. The Consultant shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Professional Services. The services provided for herein shall be performed by Consultant, and no person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of the City. 16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. (Ik)agr-skate parkitecture-pm 4 17. No Conflict of Interest. Consultant represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 18. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 19. Integration. This written document constitutes the entire agreement between the City and the Consultant. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 20. Non -Waiver. The waiver by the Consultant or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 21. Termination. The City or the Consultant may terminate this Agreement, with or without cause, by giving the other party fifteen (15) calendar days written notice of termination. 22. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 23. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: To City: Denise Nichols, Manager Parks and Recreation Division 2301 Fruitvale Boulevard Yakima, Washington 98902 To Consultant: Jon Ortgiesen, Owner Skate Parkitecture 2814 Slippery Hill Dr. NW Gig Harbor, Washington 98332 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. (Ik)agr-skate parkitecture-pm 5 24. Governing Law. This Agreement shall be governed , by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima, County, Washington. JON ORTGIESEN,CITY OF YAKIMA d/b/a S (lk)agr-skate parkitecture-pm 6 By: c;17,,--- Dick Zais, ity Manager Date: 5 / 0/9 City Contract No. Resolution No. R-99-66 99-67 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /a. For Meeting Of May 18. 1999 11 EM TITLE: Resolution authorizing execution of Contract with Skate Parkitecture for Landscape Architectural at the Yakima Skate Park SUBMITTED BY: Department of Public Works/Parks & Recreation Division CONTACT PERSON/TELEPHONE: Chris Waarvick, Public Works Director Denise Nichols, Manager / 575-6020 SUMMARY EXPLANATION: The Yakima City Council approved a $10,000 expenditure to design the Yakima Skate Park. A Committee of City staff, skaters and parents participated on the selection committee. They interviewed three qualified firms and selected Jon Ortgiesen from Gig Harbor, Washington to design and prepare bid documents for the skate park. The attached resolution authorize the City Manager and City Clerk to execute the attached contract with Skate Parkitecture. This will provide specifications for and oversee construction activities for the Yakima Skate Park. Resolution X Ordinance _ Contract X Other (Specify) Funding Source 331 - Parks & Recreation Capital APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approval of the Resolution authorizing the City Manager and City Clerk to execute the attached contract. BOARD/COMMISSION RECOMMENDATION: Parks & Recreation Commission approval April, 1999. COUNCIL ACTION: Legal/BD Agenda Stmt. Skate Park .a. —i Vti ..3 11J1.4 1J. GD 1-4 )U JIJ ULUU IAn. i MA LG1311tL. lir,ri. SCOPE OF WORK This scope of work is based on phone conversations with Denise Nichols, information sent to Jon Ortgiesen from Yakima Parks and Recreation, meetings with Denise and her associates at the LAC. and my visiting the site at Chesterly Park Our goal is to provide the City of Yakima a skate park that will meet all of their objectives including a skater approved facility, innovative design, ease of maintenance, constructed within the proposed budget, and built on time. This scope of work may be increased or decreased as deemed necessary by Yakima Parks and Recreation. PHASE 1 - PROJECT START A - CONTRACT AGREEMENT 1- A contract agreement between Yakima Parks and Recreation and Jon Ortgiesen/ Skate Parkitecture will be prepared and reviewed by both parties. Contract to Include; a- Amount of contract b- Start and completion of work c- Scope of work d- Schedule of work to be performed B - INFORMATION / DATA COLLECTING 1- City to provide all necessary information pertinent to project a- Legal description b- Existing plans / reports / as bunts c- Grading / topo maps d- Utility easements e- Geological / soil tests f- Planning / building permits C - PREPARE BASE MAP 1- Consultant to prepare a base map to scale to include: a- Location of project on park site b- Size of site c- Existing topography d- Existing utilities e- Easement / restriction if any D - WORKSHOP / PUBLIC MEETINGS 1- Meet with public to: a- Introduce consultant 1 tp,�UUZ D - WORKSHOP / PUBLIC MEETINGS cont. • b- Present base map c- Explain the design process d• Selection of design committee e- Present slides, video of existing skate parks f- Present design committee with maps for their input PHASE 11- PRELIMINARY DESIGN A - WORKSHOP 11 1- Review plans a- Design committee to review any preliminary designs 2- Design park b- Work with skaters on skate park layout / review others work 3- Design consensus c- Skaters to select a preliminary plan B - WORKSHOP 111 1- Preliminary design a- Present to skaters a preliminary drawing for their review b- Finalise preliminary drawing with skaters C - WORKSHOP 1V 1- Present skate park master plan a- Present to Parks and Recreation staff a draft plan including preliminary Construction costs, schedule for construction b- Present master plan to public and skaters PHASE 111 - PREPARE CONSTRUCTION DRAWINGS / DOCUMENTS A- CONSTRUCTION DRAWINGS 1- Skate park layout plan 2- Grading and drainage plan 3- Landscape plan - to include items outside skate area 4- Construction details B- CONSTRUCTION DOCUMENTS 1- Specification / details 2- Final cost estimate PHASE 1V - BIDDING AND CONSTRUCTION A- CONSULTANT REVLEW 1- Consultant to review and approve contractor bid. 2- Consultant to review and approve materials used for construction. 2 JUU4 A- CONSULTANT REVIEW cont. 3- Consultant to review and approve any changes to original plans and specifications. 4- Consultant to make site visitations as necessary to insure quality of work. Consultant will make sight visitations only. Inspections will be performed by a qualified inspector representing the city of Yakima. 3 I FEE SCHEDULE Skate Parkitecture has included in their scope of work the services being sought by the Department of Public Works Parks and Recreation Division. We can design the park to meet your budget of $80,000 Should you have any questions regarding our scope of work or our fees please let us know. .t.t.t, SCHEDULE PHASE 1 - PHASE 11 - PHASE 111 - PHASE !V _ PROJECT START PRELIMINARY DESIGN PREPARE CONSTRUCTION DRAWINGS/ DOCUMENTS BIDDING / CONSTRUCTION SUBTOTAL $ 1000.00 $ 2000.00 $ 2500.00 $ 1052.00 $ 6552.00 Our fee includes material, labor, mileage, and phone costs. Any printing will be billed at cost plus 15% Should the City of Yakima require the consultant to make any changes to drawings or specifications once they have been approved the following fee schedule shall be used. PRINCIPAL / PROJECT MANAGER DRAFTSPERSON OFFICE ASSISTANT $75.00 / HR $55.00 /HR $35.00 /HR 4