HomeMy WebLinkAboutR-2005-134 Grindline Skateparks, Inc. AgreementRESOLUTION NO. 2005- 134
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute Grindline Skateparks, Inc., Agreement for Design Services
to build a skateboard park at Kiwanis Park. .
WHEREAS, there is community interest and demand for additional skateboard
park facilities at Kiwanis Park; and
WHEREAS, the City of Yakima requires design services regarding said
skateboard park; and
WHEREAS, Grindline Skateparks, Inc., represents that it has the expertise
necessary and is willing to perform these services in accordance with the attached
agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to
enter into an agreement with Grindline Skateparks, Inc., for design services necessary
for the new skateboard park project, 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 Grindline Skateparks, Inc. Agreement for Design Services and to take such
additional actions as may be necessary and prudent, including the execution of all
related documents for the skateboard park project at Kiwanis Park.
ADOPTED BY THE CITY COUNCIL this 6th day of September 2005.
A 1'1'EST:
Karen S. Roberts, City Clerk
Paul P. George, Mayor
be.Iigf
contractor
GRINDLINE SKATEPARKS, INC., AGREEMENT FOR DESIGN SERVICES
THIS AGREEMENT FOR SKATEBOARD PARK DESIGN SERVICES (hereinafter
"Agreement") is made and entered into by and between the City of Yakima, a Washington
municipal corporation (hereinafter the "City") and Grindline Skateparks, Inc., a Washington
corporation (hereinafter the "Contractor").
WHEREAS, there is community interest and demand for additional skateboard park
facilities in the City of Yakima; and
WHEREAS, City staff have recommended the construction of a skateboard park located
at Kiwanis Park; and
WHEREAS, the City requires design services regarding said skateboard park; and
WHEREAS, Grindline Skateparks, Inc., represents that it has the expertise necessary and
is willing to perform these services in accordance with 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 Contractor as follows:
1. SCOPE OF THE WORK.
The Contractor agrees to design a 10,000 -square -foot concrete skateboard park to be
located at Kiwanis Park, Yakima, Washington, as per the Scope of Work attached as
Exhibit B and incorporated herein by this reference. The Contractor shall furnish and
provide all personnel, equipment, materials, services, facilities and other items required
to accomplish said work at no additional cost beyond the compensation amount
specified in Section 2 of this Agreement.
2. COMPENSATION.
a. The City shall compensate the Contractor a total sum of not more than Twelve
Thousand Two Hundred and Fifty Dollars ($12,250.00) for all work and services
provided under this Agreement.
b. The Contractor will submit applications for payment to the City every two weeks in
accordance with the Schedule of Values attached as Exhibit A and incorporated herein
by this reference.
c. Pay applications will accurately depict the progress of the Contractor's services and
work and the percentage of the services and work performed to date or will reflect the
payment schedule agreed upon by the parties.
d. Upon receipt of payment application, the City shall make payment to the Contractor
within thirty (30) calendar days, provided, however, that all payments are expressly
conditioned upon the work and services' being satisfactory to the City.
_4056 23`d Ave. SW Seattle, WA 98106 Office: (206) 932-6414
Cell: (206) 910-3402 _ Fax: (206) 932-6840 _
_ www.rindline.com _
e. The City will make final payment to the Contractor when the Contractor has fully
perfoiined the Scope of the Work in accordance with the requirements of this
Agreement and the Contractor has submitted the final pay application.
f. Payment in the Event of Termination. In the event that either party exercises its right to
terminate this Agreement in accordance with Section 7, the City shall pay the Contractor
the portion of the Compensation amount earned through the date of termination.
3. AGREEMENT TIME AND SCHEDULE.
a. Agreement Time. The Contractor agrees to begin performing the Agreement no later
than September 1, 2005, and complete the Agreement no later than December 1, 2005.
The Agreement Time may be changed only by mutual written agreement of the parties.
b. Agreement Schedule. The Contractor will provide a schedule for the progress of the
work. The Contractor will update the schedule at reasonable intervals, if requested to
do so.
4. CONTRACTOR'S RESPONSIBILITIES.
a. Cooperation. The Contractor will cooperate with the City and other contractors in the
progress of the Project. The Contractor will also take all reasonably necessary
precautions to protect the work of the City and other contractors from damage that may
be caused by the Contractor's work.
b. Payment of Employees, Subcontractors and Suppliers. The Contractor agrees to pay its
employees, subcontractors and suppliers for all labor, services and materials supplied in
connection with the Project. The Contractor will indemnify and hold the City harmless
from any daims made by the Contractor's employees, subcontractors and suppliers,
providing that the Contractor has been paid for the work that is the subject of the claim.
c. Progress Reports. Upon the City's request, the Contractor will supply reports on the
progress of the work and status of materials or equipment for use on the Project.
d. Shop Drawings, Product Data, Samples. The Contractor will promptly submit shop
drawings, product data, samples or other documents and materials required by the
Contract documents within sufficient time so as not to delay the work and to obtain the
City's approval for such items.
e. Safety. The Contractor will take all reasonable safety precautions applicable to the work
and will comply with all safety programs or requirements set forth by the City. The
Contractor will comply with all safety laws, regulations and/or ordinances applicable to
the Project that are set forth by any governmental agency with jurisdiction over the
Project. The Contractor will maintain a safe workplace at all times and will immediately
report any injuries or safety problems to the City. If the Contractor desires to use a
hazardous substance of a type which the law requires that notification of its use be given
to employees, the Contractor will obtain prior written permission from the City and will
notify the City of the proposed use of the substance in sufficient time and with sufficient
detail to allow the City to comply with such laws.
f. Notices, Laws, Fees. The Contractor will comply with all applicable federal, state, and
local laws, rules, regulations, ordinances or any other rules set forth by any governing
authority with jurisdiction over the Project, including but not limited to all laws related
to taxes, social security acts, unemployment compensation acts, and worker's
compensation acts. The Contractor will also be responsible for giving all notices
required by federal, state and local laws, rules, regulations or ordinances.
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g. Cleaning Up. The Contractor will maintain a clean work site and will keep the premises
free from accumulated waste.
h. Warranty. The Contractor warrants that the materials supplied and the equipment
furnished will be of good quality and new unless otherwise specified or permitted by
the Agreement. The Contractor warrants that the work will be free from defects not
inherent in the quality of the work and will conform to the contract documents. This
warranty is in addition to any other warranty provided by law or the contract
documents.
One Year Correction Period. For a period of one year after substantial completion of the
Project, the Contractor agrees to correct any work that is not in conformance with the
contract documents.
j. Assignment of Agreement and Subcontracting. Neither party will assign the Agreement
without the written consent of the other. The Contractor will not be relieved of any of
the responsibilities of this Agreement by assigning or subcontracting the work or any
portion thereof.
k. Maintenance and Inspection of Accounting Records. The Contractor shall maintain
books, accounts, records, and other documents pertaining to this Project in accordance
with generally accepted accounting practices. All such books, accounts, records and
documents shall be subject to inspection and audit by representatives of the City and/or
of the Washington State Auditor at reasonable times, and the Contractor shall afford the
proper facilities for such inspection and audit. Such books, accounts, records and
documents may be copied by representatives of the City and/or of the Washington State
Auditor where necessary to conduct or document an audit. The Contractor shall
preserve and make available all such books, accounts, records and documents for a
period of three (3) years after final payment under this Agreement.
5. INDEMNIFICATION.
a. The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, agents, and 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 Contractor, its directors, officers, employees, and agents arising out of, in
connection with, or incidental to the Contractor's performance or failure to perform the
services, terms, duties and/ or obligations of this Agreement.
b. In the event both the Contractor and the City are negligent, the Contractor's liability for
indemnification of the City shall be limited to its contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs, and expenses that
can be apportioned to the Contractor, its directors, officers, employees, agents, and/ or
volunteers.
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of
the Contractor's immunity under Washington's Industrial Insurance Act, RCW Title 51,
as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the
Contractor's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
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e. The provisions of this Section shall survive the termination or expiration of this
Agreement.
6. CHANGES.
a. Without invalidating the Agreement, the City may make changes in the Scope of the
Work and in the Agreement Time. All changes to the Agreement will be made in
writing by Change Order and will be signed by both parties before being valid.
b. The Contractor shall be entitled to an equitable adjustment in the Agreement Time and
the cost of the Agreement as a result of such changes. Any such adjustment shall be
mutually agreed to in a written document executed by the City and the Contractor.
7. TERMINATION OF THE AGREEMENT.
Either party may terminate this Agreement at any time, with or without cause, by
providing the other party with written notice of termination seven (7) calendar days
prior to the termination date.
8. INSURANCE.
a. The Contractor will obtain, pay for and maintain the coverage and amounts of coverage
not less than those below and will provide the City with certificates issued by insurance
companies satisfactory to the City to evidence such coverage prior to the commencement
of any work and upon renewal or change in any such policy.
b. The Contractor will procure and maintain the following types of insurance at limits no
less than stated below.
1 Worker's Compensation complying with the laws of the State of Washington and
Employer's Liability insurance as well as any similar coverage required for this
work by applicable federal or state law.
2 Products and Completed Operations Coverage for the protection against bodily
injury and property damage claims arising from this hazard at a limit no less
than One Million Dollars ($1,000,000.00) per occurrence/ Two Million Dollars
($2,000,000.00) annual aggregate.
3 Commercial Liability insurance with a combined single limit for bodily injury
and property damage no less than One Million Dollars ($1,000,000.00) each
occurrence/ Two Million Dollars ($2,000,000.00) annual aggregate covering all
insurable obligations or operations of the City. The Commercial Liability policy
will not exclude coverage for claims resulting from professional design services.
4 Business Automobile Liability with a combined single limit for bodily injury and
property damage no less than One Million Dollars ($1,000,000.00) each
occurrence to include coverage for all owned, non -owned and hired vehicles.
5 Any other insurance necessary to provide coverage for the risks assumed by the
City pursuant to this Agreement.
c. Before commencing the work and before any loss can occur, the Contractor will obtain
the required insurance and provide the required insurance certificates to the City. The
certificates will provide 30 -day notification of cancellation to the City.
d. The Contractor and any subcontractors will name the City as an additional insured on
all policies.
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e. Survival. The provisions of this Section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or
termination.
9. SEPARATE CONTRACTORS.
The parties recognize that the City may perform construction related to the work with
its own forces or with separate contractors. The City shall provide for coordination of
such forces with the work of the Contractor, who will cooperate with them.
10. MISCELLANEOUS.
a. Status of Contractor. The Contractor and the City understand and expressly agree that
the Contractor is an independent contractor in the performance of each and every part of
this Agreement. The Contractor, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this
Agreement. The Contractor expressly represents, warrants and agrees that its status as
an independent contractor in the performance of the work and services required under
this Agreement is consistent with and meets the six -part independent contractor test set
forth in RCW 51.08.195 as it now exists or is hereafter amended. The Contractor and its
employees, agents and/or subcontractors shall make no claim of City employment nor
shall claim against the City any related employment benefits, social security, and/or
retirement. Nothing contained herein shall be interpreted as creating a relationship of
servant, employee, partnership or agency between the Contractor and the City.
b. Taxes and Assessments. The Contractor shall be solely responsible for compensating its
officers, employees, agents, and/or subcontractors and 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 injury, 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 assessed a tax or assessment as a
result of this Agreement, the Contractor shall pay the same before it becomes due.
c. Nondiscrimination Provision. During the performance of this Agreement, the
Contractor shall not discriminate 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
provision of services under this Agreement.
d. The Americans with Disabilities Act. The Contractor shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW
Chapter 49.60 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.
e. Delegation of Professional Services. The services provided for herein shall be performed
by the Contractor, and no person other than regular associates or employees of the
Contractor shall be engaged upon such work or services except upon written approval
of the City.
f. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by the Contractor to any other person or
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g.
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 the Contractor stated herein.
Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure
of either party to insist upon strict performance of any agreement, covenant or condition
of this Agreement, or to exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such agreement, covenant,
condition or right.
h. 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.
i. 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 THE CITY: TO THE CONTRACTOR:
Denise Nichols, Manager
Yakima Parks and Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Chris Hildebrand
Grindline Skateparks, Inc.
4056 23rd Avenue SW
Seattle, WA 98106
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.
j. Third Parties. The City and the Contractor are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide, any right or benefit, whether
directly or indirectly or otherwise, to third persons.
k. Drafting of Agreement. Both the City and the Contractor have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract
rule of law that ambiguities within a contract shall be construed against the drafter of a
contract shall have no application to any legal proceeding, arbitration and/or action in
which this Agreement and its terms and conditions are being interpreted and/or
enforced.
1. Integration. This written document constitutes the entire Agreement between the City
and the Contractor. 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.
m. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
n. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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o. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
In Witness hereof, the City and the Contractor have caused this Agreement to be executed and
accepted by their duly authorized officials:
GRINDLINE SKATEPARKS, INC.
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CITY OF YAKIMA
By:
R. A. Zais, Jr., ty Manager
ATTES 1'ED:
Yakima City Clerk
Resolution No.
City Contract No. oQp,S 11
STATE OF WASHINGTON )
ss.
County of rrir___)s
)
'Q gOn this day personall ed before me C "I A-5 • S'civt tj? to me
known to be the 6 tuA appeared � -w of Grindline Skateparks, Inc., the entity
that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute the saidiinstrument.
GIVEN UNDER my hand and official seal this 30 day o
Printed Name.
2005.
Notary Public in and for
Washington, residing at
My commission expires 0
8
Exhibit A: Schedule of Values
First Trip to Yakima
(includes meeting with City, site visit, and community design meeting)
Geotechnical Report
(to identify soil types, water table issues, and const. recommendations)
Topo Survey
(To identify existing site conditions and topography)
First Concept design submittal
Second trip to Yakima
(indudes second community design meeting and presentation of
concept design)
Second Conceptual Design Submittal
Construction Document Submittal
(indudes final const documents and specifications)
$ 1,650
$2,880
$1,920
$1,250
$700
$ 850
$ 3,000
Total Fee: $12,250
(Licensed Engineer and Landscape Architect Stamp not induded
But can be provided for additional fees)
_4056 23`d Ave. SW Seattle, WA 98106 Office: (206) 932-6414
Cell: (206) 910-3402 _ Fax: (206) 932-6840 _
_ wwLw. ,YinClline,com _
Exhibit B: Scope of Work
1) Meet with City staff to do a site evaluation and selection.
2) Conduct a Topographical Survey.
3) Conduct a Geotechnical Analysis.
4) Oversee two community design meetings.
5) Develop preliminary and final design based upon input from skaters.
6) Present final design (Master Site Plan) to City and community.
7) Provide the City with design visuals to promote the skatepark.
8) Develop a construction program that identifies maximum construction costs.
9) Construction documents induding specifications for bidding the project.
10) Additional services as necessary to be billed hourly at the following rate:
Description Rate
Principal $125.00 per hour
Lead designer $85.00 per hour
CAD Draftsperson $55.00 per hour
Administration $47.50 per hour
_4056 23rd Ave. SW Seattle, WA 98106 Office: (206) 932-6414
Cell: (206) 910-3402 _ Fax: (206) 932-6840 _
www.grindline.com _
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: September 6, 2005
Consideration of a Resolution authorizing an agreement with Grindline
Skateparks, Inc., for Skateboard Park Design Services at Kiwanis Park
Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, Parks and Recreation Manager, 576-6416
SUMMARY EXPLANATION:
The attached resolution authorizes execution of an Agreement with Grindline Skateparks, Inc. to design
and prepare a master site plan for a concrete skateboard park at Kiwanis Park.
City Council approved $225,000 in a future Parks General Obligation Bond scheduled for October 2005
for construction of an eastside skatepark. Estimated development costs may be around $300,000. The
Apple Valley Kiwanis Club is spearheading a drive to raise the additional dollars.
The total cost for the Design Services' portion of the project shall not exceed $15,000; the funding source
is Community Development Block Grant Funds.
Resolution X Ordinance_Other)Grindline Skateparks, Inc. Agreement for Design Services
Contract Mail to (name and address): Phone:
Funding Source Community Development Block Grant Funds—$15,000
APPROVED FOR SUBMITTAL: \ City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the resolution
authorizing and directing the City Manager to execute Grindline Skateparks, Inc., Agreement for Design
Services and to take such additional actions as may be necessary and prudent, including the execution
of all related documents for the skateboard park project at Kiwanis Park
BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission endorses
staffs recommendation that the City Council adopt the resolution authorizing and directing the City
Manager to execute Grindline Skateparks, Inc., Agreement for Design Services and to take such
additional actions as may be necessary and prudent, including the execution of all related documents
for the skateboard park project at Kiwanis Park.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-134