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Bellano Creek Landscape Reimburse Agreement w Coleman HomesREIMBURSEMENT AGREEMENT REGARDING THE LANDSCAPE DESIGN SERVICES FOR BELLANO CREEK NEIGHBORHOOD PARK BETWEEN COLEMAN HOMES, LLC AND THE CITY OF MERIDIAN THIS REIMBURSEMENT AGREEMENT is made and entered into this day of March, 2015, by and between Coleman Homes, LLC (Coleman) and The City of Meridian, Idaho (City), to establish a mutual understanding of the conditions upon which the City of Meridian will receive partial reimbursement for work associated with Landscape Design Services for Bellano Creek Neighborhood Park. WHEREAS, Coleman is the developer of a subdivision approved by City as the Isola Creek Subdivision and marketed by Coleman as the Bellano Creek Subdivision (hereinafter referred to as the Bellano Creek Subdivision); and WHEREAS, City intends to develop a public park on City -owned land within the Bellano Creek Subdivision; and WHEREAS, City has received a proposal for Landscape Design Services and construction plans for the Park; and WHEREAS, as a requirement of the Development Agreement for the Subdivision, Coleman has agreed to pay 50% of the cost associated with the preparation of the park design and construction plans. NOW, THEREFORE, the parties hereby agree as follows: 1. City shall engage Jensen Belts and Associates to prepare the Landscape Design Services set forth in the proposal dated December 18, 2014, a copy of which is attached to this Agreement as Exhibit A and incorporated herein. 2. Upon completion of Tasks 1, 2, and 3 of the proposal contained in Exhibit A, City shall invoice Coleman for 50% of the cost of those tasks, an amount not to exceed $23,387.50. 3. Upon presentation of the invoice, Coleman shall pay City for the invoiced amount within 30 days. 4. In the event that Coleman fails to fulfill its obligations under this agreement, City reserves the right to utilize any available legal remedy receive reimbursement. Reimbursement Agreement - 1 of 8 5. If a suit, action, or other proceeding arising out of or related to this AGREEMENT is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. 6, This AGREEMENT shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 7. Time is of the essence with respect to the obligations to be performed under this AGREEMENT 8. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this AGREEMENT shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. IN WITNESS WHEREOF, the parties do execute this Reimbursement Agreement the day and year first above written. Attest: Jaycee L - n, City Clerk Reimbursement Agreement - 2 of 8 COLEMAN HOMES, LLC [ n� By_._ CITY OF MERIDIAN, IDAHO Jensen Belts Proposal Attachment A December 18, 2014 Meridian Parks and Recreation Department Attn: Mike Barton 33 E. Broadway Ave, Suite 206 Meridian, ID 83642 RE: Bellano Creek Neighborhood Park - Meridian, ID Proposal for Landscape Design Services Dear Mike: I am pleased to respond with this proposal for the landscape architectural services for the Bellano Creek Neighborhood Park. This proposal considers that Jensen Belts Associates (JBA) and the design team will provide the City of Meridian Parks and Recreation Department with the scope of services as listed below. Insight Architects and Erickson Civil will serve as sub -consultants under JBA for all Architectural and Civil Engineering Requirements. Throughout the design process, Jensen -Belts Associates (JBA) will provide project lead and coordinate with the City of Meridian and the design team to provide a design appropriate to the project site. ITEM 1: SCOPE OF WORK - Project Description: The City of Meridian Parks and Recreation will be developing a Neighborhood Park in the Bellano Creek subdivision near Ten Mile and Ustick Road. Coleman Homes has donated a total of 9 acres for this park consisting of 5 flat and developable acres and 4 acres along Five Mile Creek. The City envisions a 10-20 car parking lot, restroom building, playground, picnic shelter, open play field, pathways and other amenities to be determined in the future. Task 1: Design Development and Probable Cost Based on the conceptual plan developed with the Meridian Parks & Recreation Department and Coleman Homes; Jensen Belts Associates (JBA) shall prepare Design Development level drawings that depict all improvements expected to occur. Revisions to the plans are anticipated as we receive input in programming meetings with Meridian Parks & Recreation staff, Coleman Homes, The Meridian Parks and Recreation Commission and the Meridian City Council. JBA will prepare a Statement of Probable Cost based on the final Design Development level drawings. Task 2: Public Meetings JBA shall attend and support Parks & Recreation staff in presenting the design and gathering input at public meetings. JBA shall attend 3 public meetings and provide graphic presentation style site renderings. Task 3: Construction Documents and Probable Cost Task 3.1: Topographic Survey — Erickson Civil shall have a topographic survey of the +/- 9 acre site prepared. The survey will document the elevations of the existing ground, existing improvements, fence lines, driveways, landscape areas, curb & gutter and other planimetric features necessary for design and mapping. In addition, we will exhibit the property boundary based on information of public record and property monuments found during the course of the field survey. Reimbursement Agreement - 3 of 8 Task 3.2: Construction Documents - JBA will provide construction documents as follows: Grading, Drainage and Utilities Plan — Erickson Civil will prepare site grading and drainage construction plans in accordance with current industry standards and local agency requirements. The drainage system shall be designed to retain all storm water on site. Water utilities will be extended from the street to a meter and on to the restroom and proposed drinking fountain. All design work and construction drawings will consider connections to the future phases of improvements. Erickson Civil shall coordinate with ID Power to bring electrical service to the site. Site Layout Plan — JBA will provide the final site drawings which indicate the required final location, sizing and layout of all site elements. JBA and the design team will provide necessary construction details demonstrating the required construction of site elements specified. Structures — Insight Architects will provide architectural, structural, electrical and mechanical drawing for a Men's/Women's single occupancy restroom building. JBA will provide engineering for a 20x20 picnic shelter. Specifications - JBA and the design team shall provide all required technical specifications for civil, landscape and irrigation improvements. Landscape Design — JBA will provide design and drawings for specific plant material, layout, plant sizes and details. Playground Design - JBA will provide design and drawings for the playground design and play equipment, plus one additional sport amenity (i.e Basketball Court, Volleyball Court, etc. To be determined). Site Furnishings - JBA will provide design and drawings for all site furnishings including site locations and manufacturers details. Irrigation Design — JBA will provide irrigation design for landscape areas on the site. The irrigation design will include pumping system and controls and a connection to the City's pressurized reclaimed water system. Progress Submittals — JBA will provide plan sets and specs to the Owner for all required progress submittals and agency submittal. We will address any agency and owner comments received. Task 3.3: Statement of Probable Cost — JBA and the design team will prepare a Statement of Probable Cost based on the Construction Document level drawings. Task 3.4: ACHD Approval and License Agreement — Erickson Civil will submit construction documents for the proposed pathway connection at Ten Mile Road and the approach at the interior local street to ACHD for approval and respond to any comments received. Erickson Civil will prepare and submit all required documents for an ACHD License agreement for any improvements within the Right of Way associated with this project. Task 3.5: SWPPP Documents — Erickson Civil will provide an Erosion and Sediment Control Plan and Narrative per local agency requirements. This work does not include filing the Notice of Intent or on-site inspections of the erosion control. Task 3.6: Pathway — Erickson Civil will work thru floodplain concerns and provide appropriate consultation to gain all necessary agency approval. Task 3.7: NMID — Erickson Civil will work to gain NMID approval and license agreement to allow the pathway and landscape improvements planned in the right of way. Task 4: Bidding Scope of Work JBA shall prepare a written scope of work for inclusion in the bid documents. Reimbursable Expenses Reimbursable expenses including but not limited to mileage and printing shall be billed per Item 3: Design Team Fee Proposal. Reimbursable expenses shall not exceed $500 without prior approval from the Owner. Reimbursement Agreement - 4 of 8 ITEM 2: EXCLUSIONS- JBA provides other professional services in addition to those described above. 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: Project applications and agency permit/review fees. Street frontage construction documents for Ustick Road. 3D Site Modeling and Renderings. Geotechnical Soils Report or Materials Testing. Retaining wall design for walls greater than 3' height. Park Lighting. Park Signage. Wetland and Riparian Delineations. Construction Survey Staking. Bid advertising and/or contracting. Construction Administration fees. ITEM 3: DESIGN TEAM FEE PROPOSAL - TASK PERSONNEL HOURS RATE/HR SUB -TOTAL Task 1: Design Development & Probable Costs Sub -total: Principal Landscape Architect 8 $100 $800 Sr. Landscape Architect 30 $90 $2700 Landscape Architect Drafting 30 $65 $1950 Civil 45 $115 $5175 Civil — Topographic Surveying $3200 Architecture 5 $115 $575 Structural 0 $120 $0 Mechanical 1 $130 $130 Electrical 1 $130 $130 $14,660 Task 2: Public Meetings Sub -total: Principal Landscape Architect 4 $100 $400 Sr. Landscape Architect 12 $90 $1080 Landscape Architect Drafting 8 $65 $520 Civil 2 $115 $230 Architecture 5 $115 $575 Structural 0 $120 $0 Mechanical 2 $130 $260 Electrical 2 $130 $260 $3,325 Reimbursement Agreement - 5 of 8 Task 3: Construction Documents & Probable Costs Sub -total: Principal Landscape Architect Sr. Landscape Architect 70 Landscape Architect Drafting Civil 48 $115 $5520 Civil — SWPPP Plans Civil — Legal Description & Exhibit Preparation Architecture 16 $115 Structural 6 $120 Mechanical 6 $130 Electrical 6 $130 $28,790 Task 4: Bidding Assistance Sub -total: Principal Landscape Architect Sr. Landscape Architect 20 Landscape Architect Drafting Civil 13 $115 $1495 Architecture 14 $115 Structural 1 $120 Mechanical 2 $130 Electrical 2 $130 $6,345 Sub -total Page 4 $53,120 Sub -total from Page 4 $53,120 Reproduction Costs Additional Budget Items Reimbursable Not included in design team fee. Sub -total Geotechnical Services NMID Attorney Retainer NMID Land Use Change App. Fee CZC/Building Permit Fee $0 TOTAL DESIGN TEAM FEE $53,620 20 $100 $2000 $90 $6300 100 $65 $6500 $3150 $1200 $1840 $720 $780 $780 $100 $800 $90 $1800 0 $65 $0 $1610 $120 $260 $260 $500 Services beyond this scope of work can be added as separate proposals or as additional services at an hourly rate based on the attached Schedule of Charges. All work will be in compliance with City of Meridian landscape requirements. In consideration of the scope of services I propose an hourly, not -to -exceed basis (including expenses) for the design phases as stated. If we can complete the work quicker than anticipated there would be a corresponding reduction in cost to the project. Reimbursement Agreement - 6 of 8 This proposal is based upon an e-mail from Mike Barton on Thursday November 20th, 2014, outlining the Bellano Creek Neighborhood Park Scope of Services. The park plan is based on the original Bellano Creek (Isola Creek) Subdivision Preliminary Plat submittal to the City of Meridian in August 2012. See attached plan for Bellano Creek Neighborhood Park work limit site map. The Design Development Phase can begin immediately. Progress landscape plans will be provided for review and comment prior to submittal of stamped and approved issue. Our deliverables will be a stamped full size PDF document packages e-mailed to City of Meridian Project Manager (hard copies upon request). Later design revisions resulting from changes to the approved plans will be considered as additional services at an hourly rate based on the Schedule of Charges below. JENSEN BELTS ASSOCIATES 2014 SCHEDULE OF CHARGES Staff Principal $ 100.00 Sr. Landscape Architect $ 90.00 Landscape Architect $ 85.00 L.A. CADD $ 65.00 Expenses Copies 10 each Plots 5.00 small, 6.00 large Out of house printing At Cost Travel, telephone, postage At Cost KEY PERSONNEL Kim Siegenthaler, Principal-in-Charge/Project Manager Mrs. Siegenthaler will perform the administrative function including all program, policy and contractual issues. She will also be responsible for coordination during design phase and oversee all Design and Documentation. CONTACT Kim Siegenthaler Jensen Belts Associates 495 Main Street Boise, ID 83702 Phone: 343-7175 ex 5 Fax: 343-7178 E-mail: kim@jensenbelts.com We greatly appreciate the opportunity to assist you on this project, and are pleased to address any proposal clarifications. Should this proposal meet your expectation, please signature and return a copy. Yours truly, Reimbursement Agreement - 7 of 8 JENSEN-BELTS ASSOCIATES, PLLC Kimberly C. Siegenthaler Principal Attachment: Bellano Creek (Isola Creek) Subdivision Preliminary Plat — Limits of Work Site Map Reimbursement Agreement - 8 of 8 Signature/Date 2015 RATE SCHEDULE (UPDATED) for JENSEN BELTS ASSOCIATES, PLLC Name / Title Hourly Rate Kimberly Siegenthaler/ $102.00 Principal -in -Charge Cost Bruce Taylor/ $92.00 Sr. Landscape Arch Josh Neill/LA CAD $68.00 Gina Butler/Office Clerical $45.00 ALLOWABLE REIMBURSABLES The following reimbursable expenses will be allowed ONLY if required in any resulting task order and approved by the Project Manager. Engineers and Project Managers shall make every effort to include expenses in Task Orders. Amounts will be reimbursed at cost. Expense Rate Sub -Consultants Cost Outside Printing and Reproduction with Receipt Cost Travel See Below TRAVEL EXPENSES The City will only pay for meal, lodging and transportation expenses for official business that consists of consultants traveling to or from, outside of the Treasure Valley, and that are directly related to the specific task orders. Reimbursement will NOT exceed the limits allowed under the US General Services Administration Per Diem Rates for the Boise area. The current rates can be found at the following website: http://www.gsa.gov/portal/cat_ego /r r/I 00120 MASTER SERVICES AGREEMENT RATE SCHEDULE - 2015 Page 1 of 2 JENSEN BELTS ASSOCIATES PLLC • Receipts for meal per diem allowances are not required. • Lodging, transportation and hotel expenses will only be reimbursed when accompanied with an itemized receipt and proof of prior approval by the Project Manager. Transportation (Pre -approved by Project Manager): All travel must be by the most economical means practical. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed the cost of uninterrupted travel. Airline: Consultants will only be reimbursed for coach or economy class rates. Rental Cars: A vehicle is only allowed with prior authorization by the City Project Manager. ALL OTHER EXPENSES ARE CONSIDERED INCIDENTAL AND ARE NOT REIMBURSABLE Signed and acknowledged by: W �- Date: 4/2/15 Printed Name: Kimberly C. SieQenthaler Company Name: Jensen Belts Associates, PLLC Rate Schedule approval: Date: 5 Warren Stewart, Engineering Manager MASTER SERVICES AGREEMENT RATE SCHEDULE - 2015 Page 2 of 2 JENSEN BELTS ASSOCIATES PLLC