Res 098-2007 6/19/2007 , ,
RESOLUTION NO. '
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING A DESIGN SERVICES AGREEMENT WITH
GRINDLINE SKATEPARKS, INC. TO DESIGN A CONCRETE SKATE
PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Wichita Falls desires to construct a skate park in Wichita Falls to
provide enhanced recreational opportunities; and
WHEREAS, City staff released a Request For Proposals for design-build services to
construct a skate park; and
WHEREAS, Grindline Skateparks, Inc. has been selected to complete the design
phase of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Attached design contract with Grindline Skateparks, Inc. for a
concrete skate park is hereby approved.
SECTION 2. It is hereby officially found and determined that the meeting at which
this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the day of 19 of June, 2007.
MAYOR
ATTEST:
C �
'ty Clerk
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PROFESSIONAL SERVICES AGREEMENT
Grindline Skateparks, Inc. City of Wichita Falls
(Hereinafter referred to as "Service Provider") (Hereinafter referred to as "Client")
Mailing Address: Mailing Address:
461914th Ave SW 1300 7th Street
Seattle, WA 98106 P.O. Box 1431
Phone: (206) 932-6414 Wichita Falls, TX 76301
Facsimile: (206) 932-6840 Attention: Matt Benoit, Assistant City
Attention: Emily Giaquinta Manager
NAME OF THE PROJECT: Wichita Falls Skatepark
This Agreement is made and entered into on this 19th day of June, 2007 between Client
and Service Provider engages Service Provider to provide skatepark design services for
the Client.
Client and Service Provider mutually agree as follows:
1. SCOPE OF THE WORK.
The Client hereby agrees to engage the Service Provider, and the Service Provider
hereby agrees, to perform the work in a competent and professional manner and
provide the services described in the attached "Exhibit A- Scope of Work". The Scope of
Work so identified is hereafter referred to as "Work". Without a written directive of an
authorized representative of the Client, the Service Provider shall not perform any
services that are in addition to, or beyond the scope of, the Work.
2. COMPENSATION.
A. The Client shall pay the Service Provider for completed Work and for services
rendered. Such payment shall be full compensation for Work performed or services
rendered, including, but not limited to, all labor, materials, supplies, equipment and
incidentals necessary to complete the Work.
B. The Service Provider shall be paid a lump sum design fee of $20,300 as described
in the attached "Exhibit B- Fee Schedule".
461914�h Ave SW - Seattle, WA 98106
ph. (206) 932-6414 f�c. (206) 932-6840
�a�v�v.�;rin�ilinc.com email. inform@grindline.com
C. Service Provider may receive payment as reimbursement for Eligible Expenses
actually incurred. "Eligible Expenses" means those types and amounts of expenses
either listed in Exhibit C or such expenses as are approved for reimbursement by the
Client in writing prior to the expense being incurred. If Exhibit C is either blank or not
attached, expenses may not be reimbursed unless prior written approval was obtained
from the Client.
3. PROGRESS PAYMENTS.
A. Service Provider will submit applications for payment to Client on a monthly
basis. Payment pursuant to the pay applications shall be due within 10 days of the date
Client receives the pay application. Service Provider shall be entitled to interest on
overdue amounts at a rate of 1% per month.
B. Pay applications will accurately depict actual expenses incurred by Service
Provider and will reflect the payment schedule agreed upon and attached as "Exhibit B
- Fee Schedule'.
C. Client will make final payment to Service Provider when Service Provider has
fully performed the Scope of the Work in accordance with the requirements of the
Contract Documents and Service Provider has submitted the final pay application.
D. Payments will be remitted and sent via FedEx (bill Service Provider's
FedEx acct. # 249 409 480) to:
Grindline Skateparks, Inc
461914th Ave SW
Seattle, WA 98106
E. The Client has the right withhold payment to Service Provider for services rendered.
Client may only withhold payment after the following two steps:
• Client must notify Service Provider in writing of any perceived failures or defects
in work product or inability to meet critical deadlines. Written notice shall be
specific as to either the term or condition of this agreement that is not satisfied
and/ or agreed-upon deadline for the completion of a particular task that has not
been met. In that letter, the Client shall indicate his/her intention to withhold
payment.
• Upon receipt of Client's correspondence, Service Provider has 10 business days
to respond in writing to the specific claims.
If the Service Provider does not satisfy the Client with respect to deficiencies in work
product and/or causes for delays in the schedule, the Client has the right to continue to
withhold payment until the Client is satisfied with the Service Provider's response and
planned activity to correct performance.
4. INDEPENDENT CONTRACTOR.
A. The Service Provider and the Client agree that the Service Provider is an
independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto.
B. Neither Service Provider nor any employee of Service Provider shall be entitled
to any benefits accorded Client employees by virtue of the services provided under this
agreement. The Client shall not be responsible for withholding or otherwise deducting
federal income tax of social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Service
Provider, or any employee of the Service Provider.
5. PROJECT MANAGER.
The Service Providershall, upon award of the contract, assign an individual to oversee and
have complete responsibility for the project. This "Project Manager" shall manage and direct
the planning, delivery, installation, and performance verifiication. The Client reserves the
right to disapprove, with reasonable cause, any individual designated as Project Manager
before or after he or she is appointed. In the event of disapproval, the Service Provider has
the sole responsibility to provide a Project Manager who is acceptable to the Client. The
Project Manager shall coordinate all work between the various parties involved (i.e.,
manufacturer, subcontractors, installation company, etc.), and provide immediate liaison
between the Service Provider and the Client.
The Project Manager shall be available on site as required to perform the proposed work in
conformance with the specifications. The Praject Manager shall have "Corporate Authority"
to make decisions concerning all aspects of the project (i.e., coniractual, financial, technical,
etc.). These decisions shall be made in the field without lengthy "chain-of-command"
formalities.
Monthly project meetings between the Client and the Service Provide�'s Project Manager
shall be conducted for the duration of the project.
6. CHANGES.
A. Without invalidating the Contract, Client may make changes in the Scope of the
Work and in the Contract Time. All changes to the Contract will be made in writing by
Change Order and will be signed by both parties before being valid.
B. Service Provider shall be entitled to an equitable adjustment in the Contract Time
and the cost of the Contract as a result of such changes.
7. CLIENTSHIP AND USE OF DOCUMENTS.
All documents, drawings, specification and other materials produced by the Service
Provider in connection with the services rendered under this agreement shall be the
property of the Client whether the project for which they are made is executed or not.
The Service Provider shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with
Service Provider's endeavors.
8. COMPLICANCE WITH LAWS.
Service Provider shall, in performing the services contemplated by this agreement,
faithfully observe and comply with all federal, state and local laws, ordinances and
regulations, applicable to the services to be rendered under this agreement.
9. INDEMNIFICATION.
The Service Provider shall, in addition to any other obligation indemnify the Client and to the
fullest extent permitted by law, protect, defend, indemnify, and hold harmless the Client, their
agents, elected officials, and employees from and against all claims, actions, liabilifies, losses
(including economic losses), costs arising out of any actual or alleged (1) bodily injury,
sickness, disease, or death, or injury to or destruction of tangible property including the loss of
use resulting there from, or any other damage or loss arising out of or resulting from or claims
to have resulted in whole or in part from any actual or alleged act or omission of the Proposer,
Service Provider, any subcontractor, anyone directly or indirectly employed by any of them,
or anyone for whose acts any of them may be liable in the performance of the work; (2)
violation of law, statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by the Proposer or Service Provider in the performance of the
work; or (3) liens, claims, or actions made by the Proposer or any subcontractor or other party
performing the work.
The indemnification obligations hereunder shall not be limited by any limitation on the
amount, type of damages, compensation, or benefits payable by ar for the Proposer, Service
Provider, ar any subcontractor under Worker's Compensation acts, disability benefit acts,
other employee benefit acts, or any statutory bar.
Any cost or expenses, including attorney's fees, incurred by the Client to enforce this contract
shall be borne by the Service Provider.
The Client reserves the right at any time during the term of this contract to change the amounts
and types of insurance required hereunder by giving the Service Provider 30 days written
notice. If such change should result in substantial additional cost to the Service Provider, the
Client agrees to modify the contract for additional compensation proportional to the increased
benefit to the Client.
The Service Provider's failure to procure and maintain the required insurance or self-insurance
program during the entire term of this contract shall constitute a material breach of this
contract under which the Client may immediately terminate this contract ar, at its discretion,
procure or renew such insurance to protect the Client's interests and pay any and all premiums
in connection therewith, and recover all monies so paid from the Service Provider.
10. INSURANCE
A. Service Provider will obtain, pay for and maintain the coverage and amounts of
coverage not less than those below and will provide Client with certificates issued by
insurance companies satisfactory to Client to evidence such coverages.
B. Service Provider 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 where
the Project is located 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 $1M/2M.
.3 Commercial Liability insurance with a combined single limit for bodily
injury and property damage no less than $1M each occurrence covering
all insurable obligations or operations of Client.
.4 Business Automobile Liability with a combined single limit for bodily
injury and property damage no less than $1M each occurrence to include
coverage for all owned, non-owned and hired vehicles.
C. With regard to items "3" and "4" in the preceding paragraph, Service Provider
shall name the [INSERT CLIENT NAME] as an additional insured on such policies of
insurance, and shall provide the Client with certification of such insurance.
11. TERMINATION OF THE CONTRACT.
A. Client may terminate Contract at any moment and for any reason at her own
discretion. Service Provider shall be entitled to payment for work completed up until
point of termination by Client.
B. Service Provider may terminate this Contract if Client fails or neglects to carry
out the Work in accordance with the Contract Documents o�• otherwise materially
breaches the Contract. Service Provider shall provide Client with seven calendar days'
notice of the breach and provide Client with an opportunity to cure the Contract.
Should Client fail to cure the Contract, Service Provider shall have the right to terminate
the Contract. Service Provider shall be entitled to payment for work completed plus
overhead and profit. Service Provider shall also be entitled to recover the cost of
expenses reasonably related to the termination.
In Witness hereof, Client and Service Provider have caused this Agreement to be
executed and accepted by their duly authorized officials:
SERVICE PROVIDER CLIENT
By: By: 1
(si ature) � (s' ature)
���
(na e- type or p int) Darron J. Leiker
��
(title) City Manager
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(date) (date)
EXHIBIT A: SCOPE OF WORK
1. Work to Be Performed for Wichita Falls Skate�ark
The scope of work includes design development, community presentations, construction
drawings and specifications, and cost and material quantity estimates
Requirements for the skate park design development include:
• A 10,000 - 15,000 square foot concrete skate park with a mix of street and transitional
terrain.
• Cross sections showing site grading, concrete, reinforcement and drainage
• A construction budget of approximately $300,000 -$450,000 depending on the final
square footage.
2. Services & Deliverables
• Service Provider will conduct a"Kick-offl' Meeting to discuss an initial timeline for
the deliverables discussed herein and agree upon tasks that must be completed by
Client throughout the scope of the project.
• Skatepark conceptual design shall be presented and refined during 3 public meetings
with the local skateboard community in Wichita Falls. It will also be presented to the
Client for review.
• A construction cost opinion shall be provided upon completion of the initial review.
• Conceptual design drawings shall be revised to reflect requested changes and returned
to Client staff for final review. Concept drawings shall reflect field observations and
all known utilities. Service Provider shall avoid providing a design that precludes
relocating utilities. In any case, Service Provider shall note any conflicts with known
utilities.
• Changes from final review shall be incorporated into the construction documents
Construction Documents shall be presented for review to client at 35%, 65%, and 95% stages.
Schematic Design (35%)
• Construction Schedule (preliminary Gant Chart showing critical paths and
blocks)
• Specifications (outline of proposed specifications)
• Drawings (all applicable plans, details, and schedules drawn to 35%
completion or more)
Design Development (65%)
• Construction Schedule (advanced Gant Chart showing updated time lines and
major blocks of construction activity)
• Specifications (specifications with editing)
• Drawings (all applicable plans, details, and schedules drawn to 65%
completion or more)
Construction Documents (95%)
• Construction Schedule (fmal design/construction PERT chart coordinated with
the schedule of values)
• Specifications (completed specifications)
• Drawings (complete, ready for start of construction, and be fully coordinated
with the construction specifications)
There will be a two (2) week review between each submittal. The design/build team will
need to factar this time into their schedule.
• Final documents will be delivered printed on 24" x 36" sheets as well as an
electronic copy. Service Provider shall provide four sets of final documents.
EXHIBIT B: FEE SCHEDULE
Hourl�
Item Labor Hours Rate Cost Totals
Preliminary Design
Principal 16 hrs $125.00 $2,000.00 $ 4,700.00
Design Associate 36 hrs $75.00 $2,700.00
Schematic Design
Principal 24 hrs $125.00 $3,000.00 $ 5,700.00
Design Associate 36 hrs $75.00 $2,700.00
65% Construction Documents
Principal 14 hrs $125.00 $1,750.00 $ 3,100.00
Design Associate 18 hrs $75.00 $1,350.00
95% Construction Documents
Principal 8 hrs $125.00 $1,000.00 $ 1,900.00
Design Associate 12 hrs $75.00 $900.00
100% Construction Documents
Principal 8 hrs $125.00 $1,000.00 $ 1,900.00
Design Associate 12 hrs $75.00 $900.00
Licensed review and stamping $ 3,000.00
Total Design Fee $ 20,300.00