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HomeMy WebLinkAboutProfessional Service Agreement with Alta + Design for Parks Master Pathway (~ L. 'l:.f AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 14th day of June ,2006, by and between the City of Meridian, a nlunicipal corporatioll organized under the laws of the State of Idaho, hereinafter referred to as nCITY", 33 East Id.aho Avenue, Meridian, Idaho 83642, and Alta Planning + Design , hereinafter referred to as "CONSULTANT", whose business address is 1638 NE Davis Street: Portland~ OR~ 97232 , ~ 1.. Scope of Services: CONSULTANT shall perform all services, and cOlnply in all respects, as specified in the document titled. "Scope of Services" a copy of which is attached hereto as Exhibit "Art and incorporated l1erein by tllis reference, togetller with any amendments that may be agreed to in writing by the pmiies. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and sllall expire on February 1 'I 2007 unless earlier ternlinated or extended~ 3. Indemnification and Insurance: CONSULTANT .shall indenmify and save and. hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or pro.perty and losses and expenses caused or incun4ed. by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out oft11e tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees tllat it will Inaintain, throughout the term of this Agreement, liability insurance, in which tIle CITY shall be named an ad.ditional insured in the minimum amount as specified in the Idallo Tort Claims Act set forth in Title 6, Ch~pter 9 of the Idaho Code. The limits of insurance shall not be deemed a lilnitation of the covenants to indenmify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify al1d save and Ilold harmless CITY from and for all such losses, claims, actions, or judgnlents for damages or liability to persons or ~property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. CONSULTANT shall provide CITY witll a Certificate of Illsurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with tIle CITY. In the event the insurance minimums are cIlanged, CONSULTANT shall immediately su.bmit proof of compliance with the challged limits4 Evide.nce of all insuran.ce shall be submitted to the City Clerl( with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642.. PROFESSIONAL SERVICES AGREEMENT - page 1 of 5 4.. Independent Contractor: In alllnatters pertaining to this agreement, CONSULTANT sIlall be acting as an il1dependent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the persolmel of the CITY in the performance oftllis agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attach.ed Exhibit "A" and dated Jooe 13,2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idah.o Avenue, Meridian, IdallO 83642 directly for all current amounts earned under this Agreement at the end of each montll or upon completion of the scope of services. TIle CITY will pay all invoices within thirty (30) days after receipt 7. Notices: Any and all notices required to be given .by eitller of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, cel1ified, return receipt requested., addressed. as follows: City of Meridian Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Alta Planning + Design Atto: George Hudson, Project Manager 1638 NE Davis Street Portland, OR 97232 Either party may change their address for the pW1Jose of this paragrapll by giving written notice of such change to the other in the Inanner herein provid.ed. 8. Attorney Fees: Should any litigation be commenced betwee.n the parties l1ereto concerning tItis Agreement, the prevailing party shall be entitled, in addition to any other relief as Inay be granted, to court costs and reasonable attonleys' fees as determined by a Court of competent jurisdiction~ Tllis provision s.hall be deemed to be a separate contract between the parties and shall survive any d.efault, termination or forfeiture oftllis Agreelnent. 9. Time is of the Essence: The parties hereto acknowledge and agree tllat time is strictly of the essence with respect to each and every term, condition and provision l1ereof, and tllat the failure to timely perform any of the obligations hereunder PROFESSIONAL SERVICES AGREEMENT - page 2 of5 shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have tile right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry~ age or disability~ 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be mad.e available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreem.ent. cor~SULTAI~T shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials~ payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performin.g the scope of services required hereunder, CONSULTANT shall comply with all ap.plicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If,. through any cause, CONSULTANT, its officers, employees, or agents .:,faJ~$ .t~ fu~~l.l. in. a timely ancl. proper manner its obligations under this ~gre~!ll~~t, .y.i01 ates. .~Y. of the.. covenants, agreements, or stipulations of this .... .: .. rI' . . .. . '. PR'OFES.SIONAL .'SERV!CE.S IAGREEMENT - page 3 of 5 Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents,. data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to '. the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve COt~SULTANT of its liability to the CITY for damages. 18. Construction and Severability: IT 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. 19 · Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith~ 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT BY: G~t/1~ '", vt&~". ?rIHe-/f:t(.; I PROFESSIONAL SERVICES AGREEMENT - page 4 of 5 Irl~ P/#UtI7/~ +-'Ck~;:J~.1 IhG ~ .'1 CITY OF MERIDIAN BY: Attest: PROFESSIONAL SERVICES AGREEMENT - page 5 of 5 Approach to Project EXHIBIT "A" CITY OF MERIDIAN MASTER PATHWAY PLAN SCOPE OF WORK Prepared by Alta Planning & Design, Inc. June 13, 2006 Task 1: Planning The Alta team will meet with the City's Project Manager to review City goals and strategies, refine the scope and working objectives, identify available data, establish communication channels with other departments and agencies, review and list required elements and standards, discuss and refme the project goals and objectives, and approve the public outreach scope and schedule~ Alta's project manager, George Hudson, will work closely with City staff throughout the process. We will submit monthly status reports detailing progress on specific tasks~ Task 1 Prod.\lrcts · Final detailed execution strategy, and outreach program · Monthly status report to accompany invoice · Detailed project goals and objectives Task 2: Information Gathering To ensure the project can be completed efficiently, Alta will rely on the City of Meridian for relevant background information, coupled with a cOlnprehensive field inventory of proposed pathways and potentialllnkages. We believe that the fieldwork will be an extensive component of the project. Through a thorough background data review and our fieldwork, we will .identify existing pathways, pathway easements, utility corridors, drainages, irrigation canals, and other opportunities where pathways are needed and can be accommodated. We understand that some trail easelnent maps will require review on individual plat maps~ To complete the plat map review efficiently, we will focus our review efforts on those plats where critical trail links appear needed~ Our three-tier process for information gathering is as follows: TIER ONE: Data Collection Collect all avafJabte data. including reJevant Jocal. regional. and State planning documents as noted in RFP~ including: · City of Meridian Comprehensive Plan. Transportation System Plan and Park & Recreation Plans; · City of Meridian planning maps; City Easements and ROW Mapsj County and neighboring jurisdicUonsl trails prans~ · 10 Bike/Ped P~an standards; AASHTO trail design guidelines: Boise Parks & RecreationJ COMPASS, ITD · Work with City to develop one comDrehensive base map of eX~5tina and proposed pathways. Develop maD and database of existing, proposed, and potential pathways for field inventory. 1 Approach to Project TIER TWO: Field Inventory Conduct field inventory of proposed and potential pathway corridorsJ utilizing GPS and photographing and recording aU conditions observed jn the field. Compare field notes, photographs, and drawings \\lith mapsJ aerial photos, and other documents to en sure that the base map accurately reflects exisUng conditions. Information to be fierd surveyed and mapped: .. Existing and planned bikeways, parks, pathway segments. gaps, barriers~ Roadway traffic voJumer caUision data · Proposed land uses & major deve~opments; envjronmentaUy sensitive areas; ESA species · Major destinations, access pojnts. schoolsJ parks, commercial centers. historic sites. museums, waterways · Property ownership and easements: Demographic data; Special needs populations that may use the oathwavs TIER THREE: Data Synthesis & Presentation Synthesize field data and printed data into a user-frjendrv mao~ Opportunities and constraints will be clearly identified as win the overlap and conflicts benveen various plans. We wm present an information on large-scaJe coJor maps using (a) A rcview, (b) aerial photographsJ (c) U.S.G.S. topographic maps supplemented by local mapping, and/or (d) City, County. DOT suppUed mapping. We wiU supplement maps with our field notes and GPS data so that they offer an accurate portrayal of existing and proposed conditions. Task 2 Products · Comprehensive base maps of existing and proposed pathways · Map and database of existing, proposed and potential pathways for field inventory · Field inventory of key destinations, gaps, and proposed and potential pathway corridors · Working Paper# 1 : Existing Conditions and Opportunities & Constraints Report · Working Paper#2: Pathway Alignment Options Task 3: Meetings B: Public Involvement Alta's public process is tailored to build conSensus and support for the Pathway Plan. Meetings ~vill be used to present updates and receive feedback as per the direction and strategy of work on the project. The Meridian Parks and Recreation Pathways and Trails Subconunittee'\Vill assist us with providing a solid foundation from which to build the plan. We ,vill meet with this committee regularly) using the comnuttee as a sounding board for input to assure the plan '\Vill meet the community's needs. We ,vill attend up to ten stakeholder meetin~ including the Nampa-Meridian Irrigation District, Settler's Irrigation District, Ada County High\vay District, Idaho Transportation Department, adjacent jurisdictions) and Vlith local developers where trail alignments are needed. Each of these stakeholders \vill playa critical role in the recommended pathway alignments and fmal footprint of the pathway plan. In coordination with City staff, we will plan and facilitate up to two public \vorkshopsA We will prepare all necessary presentation materials for these workshops, present the project approach, findings, and recommendations, and record all input received. We are flexible on the approach to these public meetings and \vill work with the City staff to tailor the meeting format to best achieve the City's objectives. 2 Approach to Project We will rnake revisions to our draft report based on all input, and prepare presentations for the Planning & Zoning Commission, and the City Council for a.doption. Task 3 Products · Public meeting notices~ distribution and agendas; presentation materials · Meridian Parks and Recreation Pathways and Trails Subcommittee meetings and summaries · Up to ten (10) small group stakeholder meetings, with written summaries · Two (2) public workshops with materials and summaries Task 4: User Needs Assessment - This Task Deleted in its entirety. Task 5: Findings and Recommendations This task will involve preparing the pathway network recommendations, developing design treatments and best management practices, and assembling a draft and final Master Pathway Plan Update for the City of Meridian. We will explore all alternatives to ensure the best possible alignments from the perspective of the trail user, and considering the following: · Pathways and community connections · Roadway crossings · Environmental impacts · Property impacts and requirements · Security, safety, and liability · Other considerations, such as cost, crossings, encroachments, accessibility, and public support Alta '\vill work with the City to prepare a high quality, easily modifiable map \vith supporting text, graphics, and diagrams as necessary to convey the complete pathway nenvork to the public. The net\vork map will identify each pathway (existing and proposed) by type, locations, and type of street crossings, trailheads, connecting on-street bike\vays and \valkways, and other features. Alta will also tank recommended improvements according to a Decision Matrix that will attach weights to specific ranking criteria; this can be used for establishing priority for implementation phasing. Additionally, we will: · Develop a Coordination Plan identifying responsible entities for each pathway type and design standard. · Develop clear goals and policies for pathways in Meridian4 · Provide sample code IanRuasze for pathway requirements in developments, and suggest needed changes. · Identify essential links to complete the system. · Develop impletnentation costs based on proiect priorities. · Identify proposed funding sources and implementation strategies · Provide specific develooment pathway design sections and standards for every aspect of the pathway system, including typical trail sections, treatments in environmentally sensitive areas, amenities (benches, lighting, etc.), and intersection crossings. We will review existing City standards for pathway, bike and pedestrian facilities and recommend alternatives to enhance tIle current standards. 3 Approach to Project Alta will produce a Public Draft Master Pathways Plan~ We will meet with staff and stakeholders to review all comments received and discuss '\vith the City how to incorporate changes to the draft. The Final Master Plan will include information generated from all previous tasks and incorporate revisions based on comments and project team input. As part of the Final Master Plan, AIta will index the proposed path\vay system and develop a map to facilitate implementation. Task 5 Products · Draft Pathways Master Plan · Pathways Master Plan final report, including: One (1) camera-ready, one (1) electronic, and ten (1 0) bound copies; Full.scale copies of all drawings (jpeg or other City approved format) and supporting materials, and two (2) unreduced copies of record drawings on 4..mil Mylar and in Arcview fannat; Maps and graphics will include connections, trailheads, and development standards One (1) color presentation board of master plan and supporting materials Power Point Presentation documenting the Master Planning Process 4 Approach to Project Project Timeline The following is a recommended timeframe to complete the City of Meridian Pathways Master Plan Update. We are flexible in our approach and schedule and can tailor this timeline to meet your specific needs. 2006 Task Sub~Task JUL AUG SEP OCT NOV DEe JAN FE8 _!~ k 1 PI a.!!.!!!~~__'__________'____~I_",,""''''_______''' ______...~.. _!~sk 2 ~ation Gat~~ng ---_~....M.oI...___._,...~_____....______ Task 3 Meetings ~~~~~-~:=:==~:=====~= 3~2 PubUc Workshops * * 3.3 Park CommitteeMeetings----- ------- --"':[4Presentag~. to"Planning & ZonTj1ng Comm ~and City Cojj~~[=== III ~ Task 4 User Needs Assessment- DELETED ~"""""'IIIIIII~"""""'.",,,~,,,,,,,,,~ MIttf. --.-----..... Task 5 FJndings and Recommenda~ons .....--..-.- ~ ~-5Tin1erfiTifeChriicai and StatuS-reports .~5T DraftTraiJs MasterPiar1-----~------------- - - ~ I . ~....... .....1fM.WtII.......... ~..... _ ~ ~,....... ..... II .~_~~ Fi~I!~i~s M~~~.!~-'!.. Map __~._....____________ . I Sch edule assumes award of contract by July 1 t 2006. TOTAL HO URS: 800 .Task .SUb~task L= Meeting .Work Product 5 Approach to Project PROPOSED FEES We propose a base fee of $55,700 to complete the Master l)athwa}T Plan Update. This fee is inclusive of all direct costs and labor necessary to complete the scope of work '-ve have described in our proposed project approach. Staff time allocated to this project effort is estimated at 800 hoUt's. \Ve have broken the fee out by key task areas as described belo\v. Project Management: $3..500 Project management Quality control Client meetings (5) Task 1: Project Planning: $2,255 1 ~a I<ick-off meeting l.b City tour/ overview with client 1.c Final detailed execution strategy and outteach program 1.d Monthly progress reports l~e Detailed project goals & objectives II II III Task 2: Information Gathering: $13,525 2.a Background docutnent collection & revie\v 2.b Formulate base map 2.c Identify key destinations 2.d Identify existing pathways (GPS field work) 2.e Identify path\vay gaps (GPS field work) 2.f Opportunities & constraints map 2.g Potential trail alignment mapping 2.h Alignment evaluation matrix 2j Working Paper #1 - Existing ConditionsjOppormnities & Constraints 2.j Working Paper #2 - Alignment Descriptions Task 3: Meetings & Public Involvement: $8,585 3.a Pathways committee meetings (4) 3.b Stakeholder meetings (10) 3.c Public meetings (2) 3.d Meeting summaries 6 Approach to Project 3.e Prepare council presentation 3.f Meeting agendas, presentation mate.cials Task 5: Finding.s & Recommendations: $18.450 S.a Recommended pathway system 5.b Pathway standards and design elements 5.c Cost estimates & funding sources 5.e Coordination plan, .responsible entities 5.f Sample Code Language S.g Draft Master Pathway Plan 5th Review input on draft, coordinate changes 5.1 Final Master Pathway Plan 5.; Final deliverables to City Contingency Task: Engineering Services We have allocated a budget of $9,385 (included in our base fee estimate) for assistance \vith engineering services fromJ-D-B Engineering, Inc. This is an allowance because W1til we have an acquired a better understanding of the pathway engineering issues, it is virtually impossible to put a budget to the engineering services. Based on our past experience, engineering expertise may be required for any specialized pathway structures such as bridges, cantilevered wa.l.hvays, retaining walls, major cut or :fill areas, unclet ctossirlgs of road\vays or rail\vays, trail and road\vay intersection design, and cost estimating of these engineering tela ted structures. 7