HomeMy WebLinkAboutContract Services with The Hudson Company for Site Selection Process for City HallCOWTRACT for Services
By and Between the City of Meridian and THE HUDSON COMPANY
for
Site Selection Process for City Hall
THIS CONTRACT is made this 6~' day of April, 2004, by and between the City of Meridian, ID,
(hereinafter referred to as "CLIENT'), whose mailing address is 33 East Idaho Ave, Meridian, ID
83642, and THE HUDSON COMPANY (herein r1eferred to as "CONSULTANT"), whose mailing address
is P.O. Box 8645, Moscow, Idaho 83843, a professional services corporation existing under and by
virtue of the laws of the State of Idaho.
The parties mutually agree as follows:
REQUIRED WORK. The CONSULTANT shall perform the services specified in SCOPE OF
WORK set forth in Attachment 1 to this CONTRACT, in accorclance with terms and conditions as
defined herein. Deliverable to be produced by CONSULTANT in performance of the SCOPE OF
WORK are set forth in Attachment 1.
2. COMPENSATION FOR SERVICES. CLIENT in full consideration of the service to be
performed under this CONTRACT, agrees to pay CONSULTANT $14,080 for professional services and
a sum not to exceed $1,909 for expenses, per Attachment 2, for a total not to exceed $15,989.
Expenses will be billed monthly at cost, except per diem, which will be billed at $30 per day of
travel, and mileage, which will be billed at $.375 per mile. CONSULTANT will be responsible for
submitted monthly invoices for all consulting work hours completed. The CLIENT will make payments
promptly to CONSULTANT based on monthly invoices and in accordance with the following schedule:
Execution of CONTRACT 20% (Of Total Fees and Expenses)
Monthly Billings Percentage of Completion, Up to 80% (Of Total Fees and
Expenses)
Acceptance of Final Report 20% (Of Total Fees and Expenses)
By mutual written agreement, the CONTRACT may be amended from time to time to include
additional planning services and fees as may be needed to pursue the primary purpose of the
CONTRACT, site selection and acquisition for City Hall.
Contract for Services, Page 1 of 7
3. PERFORMANCE SCHEDULE. Unless otherwise specified in writing, all work shall begin April
6, 2004 and be completed no later than June 30, 2004. CONSULTANT will provide the CLIENT a
monthly progress report and invoice for work completed. Invoices will specify percentage of completion
of the SCOPE OF WORK.
The Consultant Project Manager (PM) for this project is Jerry Wallace, who is available by email at
iwallace thehudsonco.com and by cell phone at (208) 301-4122. PM will serve as liaison for The
Hudson Company and shall ensure work is completed on time using appropriate project management
tools. CONSULTANT shall maintain high quality standards, positive working relationships among the
client team, and work with the public using principles of good client relations.
Should the CLIENT have any concerns about the quality or progress of work, the CLIENT will provide a
written notice to this effect, including specific concerns and recommendations for remedy. Absence of
such a written notice sent within two weeks of receipt of the progress reports will indicate the CLIENT'S
satisfaction with quality and progress of work to date. Should additional work be authorized by the
CLIENT, the CLIENT and CONSULTANT will review the time schedule and jointly agree upon a
completion date.
4: CONFLICT OF INTEREST. The CONSULTANT covenants that it presently has no interest and
shall not acquire an interest directly or indirectly which will, in the determination of the CLIENT, conflict
in any manner or degree with the performance of its services hereunder.
5. INDEMNIFICATION AND INSURANCE. The CONSULTANT shall protect, indemnify, and save
the CLIENT harmless from and against any damage, cost or liability, including reasonable attorney's
fees for any or all injuries to persons or property or claims for money damages arising from acts or
omissions of CONSULTANT, its employees, or subcontractors, however caused. The CLIENT will
save the CONSULTANT harmless from and against any damages, cost or liability, including reasonable
attorney's fees for any or all injuries to persons or property or claims for money damages arising from
acts or omissions of CLIENT, their employees, or subcontractors, however caused.
6. CONTRACT RELATIONSHIP. It is distinctly and particularly understood that the
CONSULTANT is an independent contractor in the performance of each and every part of this
CONTRACT. The CONSULTANT is not an employee of the CLIENT and will perform all services free
from supervision, direction or control of the CLIENT.
Contract for Services, Page 2 of 7
7. LIABILITY. The CONSULTANT shall exonerate, indemnify and hold the CLIENT harmless from
and against and assume full responsibility for payment of all federal, state, and focal taxes or
contribution imposed or required under unemployment insurance, social security, workers
compensations, and income tax laws with respect to CONSULTANT'S employees engaged in the
performance of this CONTRACT. The CONSULTANT will be responsible for maintaining worker's
compensation insurance and will provide certificate of same, if required. The CLIENT will not assume
liability as an employer.
8. WORKER'S COMPENSATION INSURANCE. CONSULTANT shall maintain during the life of
this CONTRACT, Worker's Compensation Insurance for all of CONSULTANT employees performing
work on this project and in case of any work that is sublet, CONSULTANT shall require any
subcontractor, similarly, to provide Worker's Compensation Insurance for all the tatter's employees as
specified by Idaho law unless such employees are covered by the protection afforded by the
CONSULTANT. In case any class of employees engaged in work under this CONTRACT is not
protected under Worker's Compensation statutes, CONSULTANT shall provide and shall cause such
subcontractor to provide compensation insurance in an amount equal to that provided by the Worker's
Compensation statute for the protection for subcontractor's employees not otherwise protected.
9. NOTICES. Any and atl notices required to be given by either of the parties hereto, unless
otherwise stated in this CONTRACT, shall be in writing and be deemed communicated when mailed in
the United States mail, certified, return receipt request, addressed as followed:
Mayor Tammy De Weerd (or designee)
City of Meridian, Idaho
33 East Idaho Ave
Meridian, Idaho 83642
(and)
Jerry Wallace, Principal and Project Manager
THE HUDSON COMPANY
P. O. Box 8645
Moscow, Idaho 83843
Either party may change their address for the purpose of this paragraph by giving written notice of such
change to the either in the manner herein provided.
10. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition, and provision hereof, and that the failure to
Contract for Services, Page 3 of 7
timely perform any of the obligations hereunder shall constitute a breach of and a default under this
CONTRACT by the party so failing to perform. Should the parties determine mutually that the timeline
for services under this CONTRACT needs to be amended, amendment to the CONTRACT'S timeline
and duration must be agreed to in writing by both parties.
11. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this CONTRACT except upon the prior expressed written consent of CLIENT.
12. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All material produced in whole
or in part under this contact shall be the exclusive property of the CLIENT.
13. RELEASE OF INFORMATION. CONSULTANT will work with the media, under supervision of
CLIENT, to distribute public information about the project. Such information may inGude progress
updates, meeting notices, and results from the planning process.
14. COMPLIANCE WITH LAWS. In pertorming the scope of services required hereunder,
CONSULTANT and CLIENT shall comply with all applicable laws, ordinances, and codes of federal and
state governments.
15. FAILURE TO PERFORM. Upon any substantial failure to perform this agreement by either
party, the other party shall be entitled to the following remedy:
a. Stop performing or accepting performance of the CONTRACT until the matter is
resolved.
b. Where appropriate, obtain completion of the pertormance of the remaining balance of
the CONTRACT with the original party. Upon discovery of the problem or defect, mail a written
description of it to the other party, and:
1. If the defect can be cured, demand specific remedial action within a specified
reasonable time, or
2. If the defet~ cannot be cured, specify any altemative performance which would
be acceptable in lieu of the required pertormance and a specified time within
which the altemative performance would be required; or
3. If the defect cannot be cured an no altemative pertormance is acceptable, the
other party shall thereupon have the right to terminate this CONTRACT by giving
written notice to the party-in-violation of such termination and specifying the
Contract for Services, Page 4 of 7
effective date thereof at least fifteen (15) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, maps,
studies, surveys, drawings, models, photographs and reports prepared by
CONSULTANT under this CONTRACT shall, at the option of the CLIENT,
become its property, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
16. ENTIRE CONTRACT. This CONTRACT, and exhibits attached hereto, contain 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.
17. APPLICABLE LAW. This CONTRACT shall be governed by, construed and enforced in
accordance with the laws of the State of Idaho.
IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this CONTRACT the day
and v
City of ems' ian, Idaho TxE Hu~SON CoNtraivY
BY Tammy De Weerd ~~~~~``"~~~~~~""'~~~,, Tom Hudson, Principal and Owner
Mayor •~~~\~'~~ Of ~E~~-9~~~', The Hudson Com an
' p Y
City of Meridian ~~ G ~~f''°~~T~o 2 ~'
~ o~
,, .
~i,; Q~~=~,~ ., o~.s ~,
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Contract for Services, Page 5 of '~
Attachment 1 -SCOPE of WORK Services & Deliverables
The Site Selection project will be completed in thr5ee months, subject to availability of the Site Selection
Committee and City Council to meet, provide input and make decisions per the process outline in this
proposal.
MON tH
Ste Action 1 2 3 De/lverables
1 Organize; Assess Current Status oT Planning and Design i. Summary of Findings from Actions 'a ='e'.
a Establish a Ske Selection Committee
b Meet with Site Selection Committee to set goals, constraints, protocols
c Meet with City's archkects to review design priorities, constraints, needs
d Facilitate City Council workshop to klentNy devebpment priorities ,r
e Evaluate City documents to identiy e~dstirrg selection priorities
2 Develop Site Selection Crkerla i. lAaft list of site seledbn criteria
a Prepare draft Net of site selection criteria e. Committee workshop on criteria
b Present draft list to Committee; Conduct criteria vorkshop 'fit iii. Council vorkshop on findings
c Present Committee recommendations to Council in workshop ~~~ iv. Final list of weighted site selection criteria
d Prepare final list of weighted site selection criteria
3 Conduct Survey of Sites i. Inventory of Candidate Sites & Traits
a Prepare a draft list of candidate sites
b Conduct survey of candidate sites' d~rederistics
4 Multi-criteria Analysts of Candidate Bites i. Inventory of Candidate Sites
a Evaluate candkate ekes using the muki-~xkeris evaluation method ii. Summary of Findings on Candidat® Sites
b Conduct Commdtee vorkshop to short-list of sides iii. Report: Short-List Sites Recommendations
c Prepare Summary of Findings on candidate sites
5 Conduct Evaluation of Short-List; RBCOrtlrl'1@nd Preferred Site ;r i. Addkional details on short-Nsted sites
a Coiled detailed infonnation on short-listed ekes N. Summary of Findings, Recommendatbns,
b Incorporate information into evaluatbn mabvr; conduct refined evaluation & Action Plan
c Presets findings to Ske Selection Committee
d Prepare rank-ordered reoomnrendatbn for preferred sties
e Prepare Summary of Findings and Recommendatons 8 Action Plan
f Submk Summary of Findings and Reoornnrendatbns to City Councl
Contract for Services, Page 6 of 7
Attachment 2 -SCOPE of WORK Statement of Fees $ Expenses
Total fee for the work (including all steps and deliverables) is $14,080. Expenses will not exceed
$1,909, subject to the opportunity to schedule the work in conjunction with other work in the area. If it is
not possible to conduct work with other local site visits (by staying longer), airfare, travel time and travel
expense to our airport may require additional costs depending on the number of site visits and trip
efficiency.
Total fee and expenses, per the table below will not exceed $15,989 (subject to the travel issue noted
above).
Fees $ 14,080
Expenses
Telephone $ 50
Printing $ 100
Accommodations $ 660
Per diem $ 360
Rental Car $ 270
Airfare $ 400
Travel to Airport $ 68
$ 1,909
Total Fees 8s Expenses $ 15,989
Corrtract for Services, Page 7 of 7