HomeMy WebLinkAboutMOA with MDC for Landscape Design for Pine AvenueMEMORANDUM OF AGREEMENT BETWEEN
MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN
FOR LANDSCAPE DESIGN FOR PINE AVENUE PROJECT
This MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN DEVELOPMENT
CORPORATION AND CITY OF MERIDIAN FOR LANDSCAPE DESIGN FOR PINE
AVENUE PROJECT ("Agreement"), is made and entered into this I day of
rP ihrri, a , 2016, by and between the Meridian Development Corporation, an urban
renewal agency oTianized under the laws of the State of Idaho ("MDC"), and the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City")
(collectively, "Parties").
WHEREAS, City and MDC have developed a relationship of cooperation and
partnership and are mutually interested in enhancing the Meridian community's quality of life
and stimulating economic development in the urban renewal area, and to these ends seek to work
together to engage contractual landscape design services, for landscaping to be installed as part
of the Ada County Highway District ("ACHD")'s Pine Avenue roadway improvements;
NOW, THEREFORE, for and in consideration of the covenants, agreements and
conditions hereinafter set forth, the parties mutually agree as follows:
I. CITY'S RESPONSIBILITIES.
A. Contract Landscape Design Services. City shall engage the Land Group to perform
landscape design services pursuant to the scope of work attached hereto as Exhibit A
("Work"). City shall pay the Land Group for such Work in the amount of nine thousand
eight hundred fifty dollars ($9,850.00), plus reasonable reimbursable expenses, estimated to
be five hundred dollars ($500.00).
B. Consultation with MDC. City shall consult with MDC Contact regarding the Work
throughout the design process. City shall duly consider MDC Contact's input and shall make
a reasonable effort to come to consensus on all design components; however, City shall be
responsible for final decisions regarding plant and tree selection, planting details, irrigation,
electrical utilities, and other components requiring long-term maintenance upon installation.
C. Invoice MDC. Following completion of the Work and City's receipt of MDC's approval of
the final design, City shall provide to MDC Contact an invoice in the amount of nine
thousand eight hundred fifty dollars ($9,850.00), plus reasonable expenses, estimated to be
five hundred dollars ($500.00).
II. MDC'S OBLIGATIONS
A. Consultation with City. MDC shall designate an MDC Contact, which individual shall
consult with City throughout the design process in order to ensure that the Work meets
applicable MDC goals and requirements.
PROJECT AGREEMENT BETWEEN MDC AND CITY - PINE AVE. LANDSCAPE DESIGN PAGE 1
B. Final acceptance. Upon completion of the Work, MDC Contact shall report same to the
MDC Board, and shall provide to City written notice of the MDC Board's approval of the
final design.
C. Reimbursement. Within thirty (30) days of City's invoice, MDC shall reimburse City for
Work, in the amount of nine thousand eight hundred fifty dollars ($9,850.00), plus
reasonable expenses, estimated to be five hundred dollars ($500.00).
Iy. GENERAL PROVISIONS.
A. City and MDC Contacts. The parties hereby designate the following individuals to serve as
the City Contact and MDC Contact, respectively:
City Contact: MDC Contact:
Mike Barton, Parks Superintendent Ashley Squyres, Administrator
mbarton@meridiancity.org meiidiandevelopmentcorp@gmail.com
208-888-3579 208-477-1632
B. Notice. Communication between City Contact and MDC Contact may occur via e-mail or
telephone. All other notices required to be given by either of the parties hereto shall be in
writing and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
If to City: If to MDC:
City Clerk, City of Meridian Ashley Squyres, Administrator
33 E. Broadway Avenue Meridian Development Corporation
Meridian, Idaho 83642 104 East Fairview Avenue #239
Meridian, Idaho 83642
C. Term. This Agreement begins immediately upon execution and unless earlier terminated as
provided herein, this Agreement shall expire on September 30, 2016 or upon payment of the
amount owed hereunder by MDC, whichever occurs first.
D. Assignment. Neither party shall assign or sublet all or any portion of its respective interest
in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily,
without the prior written consent of the other party. This Agreement and each and all of the
terms and conditions hereof shall apply to and are binding upon the respective organizations,
legal representative, successors, and assigns of the parties.
E. No agency. For purposes of or in furtherance of this Agreement, neither party nor its
respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees
shall be considered agents of the other in any manner or for any purpose whatsoever.
F. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of
its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall
save and hold harmless the other party from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses caused or
PROJECT AGREEMENT BETWEEN MDC AND CITY - PINE AVE. LANDSCAPE DESIGN PAGE 2
incurred by either party or any employee, agent, contractor, official, officer, servant, guest,
and/or invitee thereof.
G. Compliance with laws. In performing the scope of services required hereunder, City and
MDC shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
H. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
I. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: an act or omission by either party which materially breaches any term of this
Agreement; an act of nature or other unforeseeable event which precludes or makes
impossible the performance of the terms of this Agreement by either party; or a change in
or occurrence of circumstances that renders the performance by either party a detriment
to the public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice
of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A fourteen (14) day cure period shall
commence upon provision of the notice of intention to terminate. If, upon the expiration
of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement may be terminated upon mailing of notice
of termination.
J. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
K. Non -waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
L. Approval required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and MDC. The parties signatory hereto
represent and warrant that each is duly authorized to bind, respectively, City and MDC to this
Agreement in all respects.
PROJECT AGREEMENT BETWEEN MDC AND CITY - PINE AVE. LANDSCAPE DESIGN PAGE 3
M. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
MERIDIAN DEVELOPMENT CORPORATION:
J iseobar, Chaim
Dave Winder, Secretary
CITY OF MERIDIAN: Attest:
M.
c 1tv 1A
Mayor
t'\I��IAe of an City Clerk
I %e.
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4
PROJECT AGREEMENT BETWEEN MDC AND CITY — PINE AVE. LANDscAPE DESIGN PAGE 4
EXHIBIT A
SCOPE OF WORK
PROJECT AGREEMENT BETWEEN MDC AND CITY - PINE AVE. LANDSCAPE DESIGN PAGE 5
THE LAND GROUP, INC.
January 7, 2016
Meridian Parks & Recreation
Attn: Mike Barton
33 E. Broadway Ave., Suite 206
Meridian, ID 83642
Re: Pine Avenue Landscape Improvements
Exhibit'A'
Dear Mike,
The Land Group, Inc. (TLG) is pleased to submit this proposal for Professional Services on the above referenced project. Our
scope of work, based on meetings and emails, is as follows:
I. SCOPE OF SERVICES
General
Develop site landscape and irrigation construction documents on Pine Avenue in conjunction with street improvements by
ACHD. The limits of work consist of Pine Avenue from Meridian Rd (west boundary) to the Urban Renewal Agency
boundary east of 511 St. (see exhibit below). In developing the project documents, The Land Group, Inc. shall use its best
efforts to coordinate its services with other project design team consultants including ACHD and WH Pacific Engineers. It is
our understanding that TLG shall be provided CAD drawings from ACHD/WH Pacific Engineers from which the landscape
and irrigation construction documents will be prepared. TLG will coordinate with WH Pacific for required CAD standards for
this project.
LIMITS OF WORK
OF -
Site
-Site Planning • Landscape Architecture - Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design - Surveying
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Pine Ave. Landscape
Exhibit 'A'
January 7, 2016 Proposal No. 11516
Page 2 of 4
PRELIMINARY CONSTRUCTION STATEMENT of PROBABLE COST
The Land Group provided a very preliminary construction statement of probable cost for budgetary purchase. We have
estimated that the entire landscape project is approximately 23,000 square feet. Our cost estimate will take account of not
only the typical landscape and irrigation construction, but also other elevated costs related to public streetscape work,
intersection mainline sleeves, electrical power for irrigation controllers, construction planning, traffic safety coordination
and unknown incidentals. We find the Preliminary cost range from $136,800 to $159,600 ($6 to $7 per square feet).
Task 1: Construction Documents
Task 1.1: Site Landscape Plan
TLG will develop a streetscape landscape design along Pine Avenue which meets the City of Meridian standards and
requirements. The landscape design will include specific plant material, plant layout, turf match lines, and construction
documents that include the following:
1. A preliminary site landscape design for the City of Meridian Parks Department review. Comments will be discussed
and changes will be made for the Construction Documents. The design will consider the following items:
a. The use of approved Class 1, 2 or 3 trees within the ROW
b. Consider the location of trees outside the visual sight triangle
c. Maintain that all trees are located a minimum 10' outside water hydrants, and related storm water design
items.
2. Planting details will consider topsoil depths, grades and trees installed
Task 1.2: Irrigation Plan
Construction documents shall include pipe sizing requirements, sprinkler head spacing, lateral pipe sizing, valve types, and
irrigation controller requirements. Plans will include all necessary construction notes and details. The new irrigation system
will be connected to the City of Meridian potable water system and meet all standard requirements. The construction
documents will include the following:
1. TLG will provide from 1 to 3 irrigation controllers depending on the irrigation system design, mainline connections
and intersection extension crossings. Controllers will be installed in stainless steel enclosures for protection.
2. Electrical drawings for irrigation controllers
3. TLG will coordinate with WH Pacific and ACHD to provide power for Irrigation controllers.
4. TLG will coordinate with ACHD and WH Pacific for irrigation mainline sleeves, type of material, and avoid conflicts
with other utilities.
5. All point of connection will provide and install backflow preventers per City requirements, and be installed in
stainless steel enclosures for protection.
Task 2: Community Outreach
TLG will attend up to (2) public outreach meetings as needed to inform the public about the proposed improvements to
Pine Ave.
Anticipated CD Deliverables:
1. Two (2) Construction Document Phase progress plan submittals. Suggested 30%, and 90% CD submittals.
2. Construction Document Statement of Probable Cost
3. Project Technical Specifications,
IV,
Site Planning • Landscape Architecture - Civil Engineering , Golf Course Irrigation & Engineering • Graphic Design • Surveying
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Pine Ave. Landscape
January 7, 2016
Page 3 of 4
Anticipated CD Meetings:
1. Attend three (3) Construction Document Phase coordination meetings.
Bid Phase: BY OTHERS
Construction Administration: BY OTHERS
11. EXCLUSIONS TO SCOPE OF SERVICES
Exhibit'A'
Proposal No. 11516
Unless described above and specifically included in this proposal, services including but not limited to the following are not
included in the proposed fee and shall be charged as Additional Services if required:
1. Project entitlements
2. Geotechnical investigation and soils report and field observations.
3. Discovery or removal procedures for hazardous waste, subsurface debris, wells, underground tanks,
Federally -listed species or archaeological artifacts.
4. Materials testing.
5. Construction Management Services.
6. Architectural design and Structural design.
7. Arborist Report.
8. The preparation of construction documents for civil improvements within the right of way of adjacent
roadways, SWPPP, demolition plans and easements
9. Permit, plan checking, inspection and other agencies fees, including Utility services/connection and
application fees.
10. Making revisions in drawings, specifications or other documents, or preparing change order documents,
when such revisions are due to causes beyond the control of our firm.
11. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land
Group will perform the additional services after receiving written authorization.
When specifically requested, work not described above shall be performed as additional services in accordance with our
attached Schedule of Rates.
111. FEES & BILLING TERMS
Site Planning • Landscape Architecture - Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design • Surveying
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Pine Ave. Landscape
January 7, 2016
Page 4 of 4
Exhibit'A'
Proposal No. 11516
IV. REIMBURSABLE EXPENSES
Reimbursable expenses are not included in the Fees and Billing Terms above. Reimbursable expenses shall be reimbursed
at the rate stated on the attached Schedule of Rates.
Thank you for the opportunity to work with you on this project. Should you have any questions or need additional
information, please call. If this proposal meets with your approval, please sign the attached Service Contract and return it
to our office. We are able to begin work immediately.
Sincerely,
David Koga
Principal I Landscape Architect
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering - Graphic Design - Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com