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Res 1484 - Agmt D Ganer Cap Imp COUNCIL BILL NO. 1889 RESOLUTION NO. 1484 A RESOLUTION ENTERING INTO AN AGREEMENT WITH DON GANER TO COMPLETE AN ADMINISTRATIVE FACILITIES CAPITAL IM:PROVEMENTS PLAN AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City needs an Administrative Facilities Capital Improvement Plan so that it can assess its current and future needs for additional administrative office and community center facilities; and WHEREAS, Don Ganer has previously completed for the City the Recreation and Parks Comprehensive Plan and is qualified to complete an Administrative Facilities Capital Improvements Plan; and WHEREAS, funds are available for this purpose; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into an agreement with Don Ganer, dba Don Ganer and Associates, to develop an Administrative Facilities Capital Improvements Plan. 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 "A", and by this reference, i inco orated herein. <ol~ ^/)~ 5 2/ Approved as to form: {~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ~ --1 ATTEST: fi cu., IC:'I"-A~' SJ. y/\,.' Mary Te ant, City Recorder City ofW oodburn, Oregon APPROVED: Nancy A. May May 27, 1998 - May 27, 1998 May 27, 1998 Page 1 - COUNCIL BILL NO. 1889 RESOLUTION NO. 1484 ?'" ----r- --,,--_.~_. ,-- --. -----.-.--. .,. -.----------- PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between the City of Woodburn, Oregon, hereinafter referred to as "City-, and Don Ganer, dba Don Ganer & Associates, hereinafter referred to as "Consultant", regarding work related to the Administrative Facilities Capital Improvement Plan for the City of Woodburn, Oregon. IT IS HEREBY AGREED by and between the parties to this Agreement: 1. Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. 2. Consultant's Services Consultant agrees to provide the services described in the Consultant's proposal dated May 11, 1998, a copy of which is attached hereto as -Exhibit A", and is incorporated herein by this reference. 3. Consideration City shall pay Consultant a sum not to exceed $8,500 for the basic tasks outlined in Exhibit A. However, compensation may be less than such maximum amount and shall actually be determined on an hourly basis at Consultant's hourly rate of $85.00 per hour. Consultant shall furnish with each bill for services an itemized statement showing the amount of services devoted to the project by Consultant as well as any agents or employees of Consultant and any direct expenses. 4. Payment Consultant shall submit an invoice to the City by the 10th day of each month detailing project hours and expenses incurred during the previous month. City shall make payment to Consultant for each invoice by the last day of the month in which it is received. 5. Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: A. Consultant will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. Page 1 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 .. "'.~ 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 Agreement. 6. Employees No person shall be employed for more than eight hours in anyone day, or 40 hours in anyone week, except in cases of absolute necessity, emergency or where the public policy absolutely requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in anyone week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 11201 to 209 from receiving overtime. Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 31 6. 167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall in,demnify, defend and hold City harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the basis of additional reimbursement of Consultant. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. 7. Indemnity and Insurance Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and shall hold City, its officers, agents, and employees harmless from and indemnify and defend the same of any and all Page 2 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 ~ ~. ''T''''- ... ,,- ,..... n.., - ---,-- liability, settlements, loss, costs and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant's negligent acts, omissions, activities or services provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities as set forth in this agreement. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance: A. Workers' compensation and employers liability insurance as required by the State where the work is performed. B. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and oft- site operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. C. Commercial general liability insurance covering claims 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 i,nsurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified herein. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. 8. Standard of Care In the performance of its professional services, Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. Page 3 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 T'~ "-'Y- ~ 9. Termination This Agreement may be terminated 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 sole discretion, effective upon delivery of written notice to Consultant by mail or in person; and C. By Consultant, effective upon seven days prior written notice in the event of substantial failure by City to perform in accordance with the terms through no fault of Consultant. If City terminates the Agreement In whole or In part due to default or failure of Consultant to perform services in accordance with this Agreement, City may procure, upon reasonable terms and in a reasonable manner, services similar to those so terminated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages incurred by City in procuring such similar service, and the Agreement shall be in full force to the extent not terminated. If City terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. Termination under any provision of this paragraph shall not affect any right, obligation or liability of Consultant or City which accrued prior to such termination. 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 of City All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Any statutory or common law rights to such property held by Consultant as creator of such work shall be conveyed to City upon request without additional compensation. Upon City's approval and provided City is identified in connection therewith Consultant may include Consultant's work in its promotional materials. Drawings may bear a disclaimer Page 4 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 '.' --r ,,+,."~.w.,. ..,...>_.^"......_,,__~~___..._,_""'__.."" ~ -,-- releasing the Consultant from any liability for changes made on the original drawings and for reuse of the drawings subsequent to the date they are turned over to City. 11. ' Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in publiC agreements are hereby incorporated by reference and shall become a part of this Agreement as 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, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. 13. Modification Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increases 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. 15. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. Page 5 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 .' "-'~-y- ,', ,,' - ,.. ..'" IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date first indicated below. CITY OF WOODBURN BV~~K-Xfi ~ Nancy A. Kisey, Mayor Date: May 27, 1998 DON GANER ATTEST: 1.~~ Mary Ten nt, City Recorder City of Woodburn By: Date: Page 6 - Personal Services Contract DUPLICATE ORIGINAL 2 of 2 ...., . .'--'T. ..,,,,,,,,. .... m.... .-. ~.. '. Don Ganer & , Associates EXHIBIT ~ 15418 NW White F~x Deive Page --L- of .5 Beaverton,. Oregon 97006 Phone: (50.l) 690-8981 FAX: (503) 531-926Z ganer@sprintmail.com FAX TRANSMISSION ONLY May 11, 1998 Mr. Lee Walton,. City Administrator City of Woodburn 270 Montgomery Street Woodburn,. OR 97071 RE: Administrative Facilities Capital Improvements Plan (revised) Dear Lee Walton: I am pleased to submit the following revised proposal to develop an Administrative/Community Facilities Capital Impeovements Plan foe the City of Woodbunl. This revision includes additional interviews with community repre.<>entatives and an option for compJetion of a maiJ-out survey. I have also attached an example of a UP project schedule for your use in discussions with the Mayor and Council. Please let me know if you need any additional infoemation oe if you have any questions. Sincerely, :PP-~ Don Ganer Public Sedor Management and TecJmical Consulting Seroices ,..- ., r'" ......... ,........ v. Proposal to Develop EXHIBIT -.& Psg, ~ of J:) ADMINISTRATIVE FACILmES CAPITAL IMPROVEMENTS PLAN CityofWoodburnJOrqon Ll11dcntamling of tht! Proj W. The City of Woodburn haR identified needR and developed planR for the City'R major infrastructure facilities such as transportation" water, stormwater drainage, SCWer, and parks and recre41tion; however, despite significant growth. during recent years, the City lacks such a plan for administrative functions, which have become overcrowd~ and/or obsolett! (i.e., ADA a~ is!.-ues), or community center (performing arts, classrooms, etc). The City needs a capital improvements plan which addresses current and. future needs for additional administrative office and community center facilitics. E.rdimillllI1f.-Wark-E.lall The following preliminary work plan presents our recommended project approach to developing and administrative facilities capital improvements plan. TASK DESCRIPTION 1.0 PIqect Initiation 1.1 Don Ganer & Associates (DGA) will meet with the City Administrator and staff to refine project goals, timing and phasing of events, project roles and responsibilities, and other items required to finalize the wock plan. DGA will revise the work plan and cost estimates as needed, based on the City's requirementR. (4 hnurt;) 1.2 DCA will review existing plans, budgets, and other relevant and available data as provided by the City to supplement information already provided as a part of the parks and recreation comprehensive plan update. (4 hours) 20 Administr~tive Facility Invpntory and Nf"Plis AFi..c*"j~sment 2.1 With City staff, [)(;A will conduct a site visit of each existing City admin.istrative facility, and will record information relating to the physical condition and functionality. of each facility. (10 hn urt;) 1ItIfJIY. "..., ..,',-.' v. TASK 2.2 3.0 3.1 3.2 w 4.1 4.2 4.3 4.4 4.5 ...-~ '-""'T"~ DESCRIPTION EXHIBIT A page.....3.... of ,~ Working with City staff, DGA will identify administrative facility needs, prepare LOS standards. DGA will ~nduct interviews (six) with selected City Staff to determine key needs and issues regarding administrative facilities. The interviews will also explore partnership opportunities, preftned roles, ~d bacriers to cooperation in facility developmentl scheduling, etc. (20 hours) Community Facility Needs Assessment DCA will develop and aclminister a mail-out survey to be delivered to 25% (approximately 1,250) of residential addresses within the City. DGA will analyze the results of the survey and include them in the summary report of recOmmendations. (Optional) DCA will conduct interviews (six) with selected individuals and community groups (as identified by City) to determine key needs and issues regarding community facilities. The interviews will also explore partnership opportunities, preferred roles, and barriers to cooperation in facility development/ scheduling, etc. (20 hours) Prepare Capital Improvements Plan DCA will identify existing sources and estimated amounts of revenues (i.e., general tax revenues, bond proceeds, etc.) to be woed in acquiring I com.1ructing future capital improvements. (10 hours) DGA will identify and explore options to increase the availability of services and facilities (i.e., partnerships, etc.), and develop financing options for facility acquisition,. development, operations, and maintenance. (4 hours) DCA will prepare a summary recOmmendations report and a Capital Improvements Plan (CIP) including a prioritized list of capital improvement projects, estimat~ timing, and COl:>'ts for 5, 10 and 20 year periods. (20 hours) DGA will present the summary recommendations report and draft capital improvements plan to the City Administrator and Staff for review. (4 hours) DGA will pr~nt the summary recommendatioI'1;S report and draft draft capital improvements plan to the Gty Council Jor review/adoption. (4 hours) !Willii' ,.~ Es.til11ate.d_P.roi'd_Cas.tLI.il11ill~ BASIC T ASK.c; ~~~~ The estimated total cost to provide the basic services identified in the work plan is $8,500, baJ:;ed on 100 prof~onal hou.n; (@ $85/hour). H approval to begin work ort the project is received by May 29, 1998, it is anticipat~ that all basic project tasks can be completed by July 31,1998. OPTIONAL TASK The Work Plan includes an optional ta..~ to develop and admini.<;ter a mail-out survey of 1,250 residential addresses within the City. Completion of this task would add approximately $3,400 to the cost for professional scrviccss (based on 40 hours at $aS/hour). This also assumes that the City would arrange/pay the additional costs of printing, folding, mailing and returning the survey forms. <NOTE: An efficient and inexpensive option may be to include a short sucvey form in utility bills and ask that they be retumed with the utility payment) This optional task will also add approximately 30 days to the project competion schedule, so completion could be expected by August 30, 1998. ?' , -'T' .. U_~"""~~"_""""'_' .......c.........."_._~~..-....~.~._____._~..""" ' I" ._.' , ~ . r .. en ~ s= cu S CI) ~ o ... 0.. S t-4 CI) U u= Ci-i o G) :> .... ~ as ... 4J en .... r:: .... a ~ < 'Y".' --"T' i2~~~~i~~ ~ 1 ~.i~ j:i i .. ! 'f. !a i 8 g ~"j i i ~ S jo; ~ :, 'i : d ,.,.'0 a ~ C't . '" ,," .. . J t ~ ... o t ... o 8 t: ~ ~ ~ :1,- .... i: 8 i t 8 to-: ~ (I) = .- Do t e . to . o , ~ " s-_ I . k1 :f ~: 6 j ~ i M i .8:::S -8"".: :!! sS;:oie- I i~~~li .., j .. ~ i 'e :9 ~~~S~~<~ i 0 to ~ ~" ~ .. o ... .. 0 i v '" . ... ... 1 ~ ..; III l') f'J ! .. ... " a .s J~ s S !1 ... ... ..; ~ I/) Gta ~ f'J . ~ i t -IJ i .. 0 t: ~ 0 ... ~ CjI .. 0 0 8 CO) ,., t: ~ : 0 ! ~ 0 .... ('t" fi u <It t: CII a Cl' to 01 t j 0 ... .. 0 . E ! J !~ 1 g i i c f I : f. 5 & ~j a "i 0 o ... i ~ d n ... o ... o ... j ~ EXHIBIT A Page ~ of "l f a 0 ... i " i jJ ! a a ~ - - ~ ~ to 0 .. ... CjI S t ! a 0 "' t 0 ... ... q 8 t ~ i t 01 a 41' : t S 0 ... to ~ ;e IJ ~ i if ti i i J. :r I'" "". {!. t!! 15 1.8 i Q fJ ..,...