HomeMy WebLinkAboutProfessional Services Agreement with McKibben & Cooper for Downtown Design StandardsPERSONAL SERVICES CONTRACT AGREEMENT
Project: Downtown Design Standards Project
Service Provider (SP):
McKibben & Cooper, Architects
515 W. Hays St.
Boise, ID 83702
(208) 343-7851
Contractor: Meridian Planning & Zoning
660 Watertower Lane, Suite 202
Meridian, Idaho 83642
(208) 884-5533
WITNESSETH, that the parties hereto for the consideration herein named, do mutually
agree as follows:
1. STATEMENT OF WORK: The SP shall perform the work described herein for
the consideration stipulated.
SERVICES TO BE PROVIDED:
Preparation of Downtown Design Standards for the Meridian Planning & Zoning
Dept. as more fully set out in Attachment A.
ESTIMATED PROJECT DURATION: To be completed by December 31, 2002.
2. SCOPE OF SERVICES: SP shall undertake the services identified above and in
the attached work plan in such a manner that the above activities can be completed
in a timely manner.
3. AMOUNT OF CONTRACT: In an estimated amount of Not To Exceed
$13,000 without specific written approval of Agency.
A. Agency shall pay SP for such services: (check one)
Hourly: $ per hour, plus actual expenses, but not
more than a total of $ ;
Fixed Sum: a total amount of $
XX Other: An amount not to exceed $12,500 for all services performed,
per the hourly rates shown in Attachment A, page 3; and
$500 for all expenses incurred under this Agreement.
B. SP shall maintain time and expense records and provide them to the
Agency monthly, along with monthly invoices in a format acceptable to the
Agency for work performed to the date of the invoice.
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C. All invoices shall be paid by mailing an Agency check within 60 days of
receipt of a proper invoice.
D. SP shall keep cost records and accounts pertaining to this Agreement
available for inspection by Agency representatives for three (3) years after
fmal payment. Copies shall be made available upon request.
E. If the services rendered do not meet the requirements of the Agreement, SP
will correct or modify the work to comply with the Agreement. Agency
may withhold payment for such work until the work meets the
requirements of the Agreement.
4. TERM OF CONTRACT: The work to be performed under this contract shall
commence in April, 2002, with a working draft to be provided by May 31, 2002,
and shall continue no later than December 31, 2002, unless sooner terminated as
herein provided, or extended as mutually agreeable.
5. NOTICES: Any and all notices required to be given be either 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, certified, return receipt
requested, addressed as follows:
Agency Address:
33 East Idaho Street
Meridian, ID 83642
Service Provider:
McKibben & Cooper, Architects
515 W. Hays St.
Boise, ID 83702
6. 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.
7. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that
SP shall not have the right to assign, transfer, hypothecate or sell any of its rights
under this Agreement except upon the prior express written consent of Agency.
8. DISCRIMINATION PROHIBITED: In performing the Services required
herein, SP shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or physical handicap. Violation of
this paragraph 8 shall be a material breach of this Agreement and grounds for
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cancellation, termination or suspension of the Agreement by Agency, in whole or
in part, and may result in ineligibility for further work for Agency.
9. COMPLIANCE WITH LAWS: In performing the scope of services required
hereunder, SP shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
10. CHANGES: Agency may, from time to time, request changes in the Scope of
Work to be performed hereunder. Such changes, including any increase or
decrease in the SP's compensation, which are mutually agreed upon by and
between the Agency and the SP, shall be incorporated in written amendments to
this Agreement.
11. TERMINATION FOR CAUSE: If, through any cause, the SP shall fail to fulfill
in a timely and proper manner its obligations under this Agreement, or if the SP
shall violate any of the covenants, agreements, or stipulations of this Agreement,
the Agency shall thereupon have the right to terminate this Agreement by giving
written notice to the SP of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such termination. If
this agreement is terminated for cause SP shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the SP shall not be relieved of liability to the Agency for
damages sustained by the Agency by virtue of any breach of this Agreement by the
SP, and the Agency may withhold any payments to the SP for the purpose of set-off
until such time as the exact amount of damages due the Agency from the SP is
determined.
12. TERMINATION FOR CONVENIENCE OF AGENCY: The Agency may
terminate this Agreement at any time by giving at least fifteen (15) days notice in
writing to the SP. If the Agreement is terminated by the Agency as provided herein,
SP will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of SP covered by this
Agreement, less payment of compensation previously made.
13. RENEWAL: This agreement may be renewed, at the existing rate, upon mutual
agreement by both parties. Agency makes no commitment and assumes no
obligations for the support of SP's activities except as set forth in this Agreement.
14. 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.
15. APPLICABLE LAW: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho.
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16. INDEMNIFICATION: SP shall indemnify and save and hold harmless the Agency
from and for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses caused or incurred by SP, except for loss
or damage caused by intentional acts or gross negligence of Agency, or its
employees, or agents.
17. INDEPENDENT CONTRACTOR STATUS: This agreement shall not be
construed to create any employer-employee relationship between Agency and SP, the
purpose of this agreement is to create an independent contractor status.
18.OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda
and other documents developed under this Agreement whether finished or not shall
become the property of Agency, shall be forwarded to Agency at its request and may
be used by Agency as it sees fit. Agency agrees that if it uses products prepared by
SP for purposes other than those intended in this Agreement, it does so at its sole risk
and it agrees to hold SP harmless therefore. SP acknowledges that the work product
will be contained within documents considered public records and Agency may
disclose such work product as it deems appropriate and necessary.
19. GENERAL ADMINISTRATION AND MANAGEMENT: The Executive
Director of Agency, or his/her designee, shall be Agency's representative, and shall
oversee and approve all services to be performed, coordinate all communications, and
review and approve all invoices, under this Agreement.
20. AMENDMENTS: This Agreement may be amended only in writing, upon mutual
agreement of both Agency and SP. Agency and SP agree to consider such an
amendment for the purpose of outlining the specific responsibilities of any purchase
of media advertising or similar medium.
IN WITNESS WHEREOF, the Agency and the SP have executed this Agreement as of
the date first above written.
APPROVED BY:
TY OF MERID
yor Robert D. Corrie
SERVICE PROVIDER:
Sherry Mc Cibben, Principal
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ATT TED BY: \~ G AGO ~TF ,
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William G. Berg = SEAL
City Clerk ~G oo~'
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ATTACHMENT A, Page 1
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Description of Meridian Downtown Design Standards' Scope and Content
Design Standards
The proposed scope of work includes the meeting and review schedule on the next page
(subject to your ability to meet), review documents included therein, and the Final Design
Standards Document. The Design Standards will be written in a format with numerical ordering
for easy reference. The language will be simple, efficient, and as precise as possible. Definitions
will be included, either in a separate section or within each applicable section, depending on
whether there will be multiple usage. Illustrations will be efficiently included; we will seek those
in the public domain first to reduce cost. We do not intend the Design Standards to be a
promotional tool for the District, but a regulating tool, which sets minimum standards. We
propose to begin with the table of contents below, realizing that it may change through the
process.
Table of Contents
Introduction
Map of district and sub-districts, as applicable
Sub-district Standards, including:
FAR
Setbacks and Building Orientation
Building Height and Form
Facade Treatment, Entrances
Building Materials
Pedestrian Pathways
Streetscape Design
Landscaping
Parking
Signage
Each section would contain:
A. Intent and Purpose
B. Applicability
C. Standards
Page 1
ATTACHMENT A, Page 2
Proposed Schedule and Work Products
1 Week of April 15 Initial meeting with Meridian City, MDC. Identify and meet with stake
holders. Project team gathers information.
Work Products Photo survey of existing conditions, rudimentary measurements of
existing structures which may provide examples for standards.
2 Week of April 22 Project team continues to collect info and begins analysis; identifies sub-
districts, drafts sub-district goals.
Work Products Existing conditions for Eligibility Report for Urban Renewal Agency
(comparable to Buhl's Eligibility Report).
Draft sub-district boundaries map.
3 Week of Apri129 Project team presents analysis and sub-district goals for review.
Work Products Review meeting comments formalized.
4 Month of May Draft document preparation
Work Products Working Draft of Design Standards for review by staff prior to MDC/CC
Presentation.
5 Week of June 3 Working Draft presentation to City officials, MDC on June 4.
Project team begins document refinement based on comments.
Work Products Review meeting comments formalized.
6 Week of June 10 Written comments from stake holders due June 11.
Project team continues refinement with stake holder written comments.
Project team begins final stages of document refinement.
Work Products Refined Draft of Design Standards.
Review meeting comments formalized.
7 Week of July 8 Public Open House, July 12
Work Products Presentation materials
8 Week of July 15 Compile public comments
Meet with MDC/P&Z to discuss comments and how to incorporate them,
July 17.
Make revisions as necessary
Work with staff to refine the Zoning Schedule of Use Control in relation to
Old Town uses
Work Products Public comments formalized
Final Draft document delivery by July 31
9 August -October Hold Public Hearings with P&Z Commission and City Council
Work Products One presentation to P&Z
One presentation to City Council
10 November Make final edits as required by motion of City Council
Work Products Final Document delivery by November 27 (date subject to final motion of
City Council.)
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