HomeMy Public PortalAbout2020.04.23 Planning, Design and Engineering Agreement - Lake Front Improvement Project 1 PLANNING, DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT
THIS PLANNING, DESIGN, AND ENGINEERING AGREEMENT FOR THE LAKE
FRONT IMPROVEMENT PROJECT ("Agreement") is made and entered into this �23 day of
A�wi , 2020, by and between the City of McCall, Idaho, a municipal corporation of the
state of Idaho (the "City"), and the Urban Renewal Agency of the City of McCall, Idaho, also
known as the McCall Redevelopment Agency, an independent public body corporate and politic,
(the "Agency"), individually referred to as "Parry" and collectively as the "Parties."
RECITALS
The Agency is authorized to undertake and carry out urban renewal projects to eliminate,
remedy, or prevent deteriorated or deteriorating areas through redevelopment, rehabilitation or
conservation, or any combination thereof, within its area of operation and is authorized to carry
out such projects jointly with the City.
The City Council, after notice duly published, conducted a public hearing on the 1990
Urban Renewal Plan for the Railroad Avenue Area(the "Railroad Avenue Plan").
Following said public hearing, the City Council adopted its Ordinance No. 578 on
December 13, 1990, approving the Railroad Avenue Plan, establishing what is commonly
referred to as the Lakefront Project Area, which area is depicted on Exhibit A, attached hereto
and incorporated herein by reference.
In 2006, pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the
2006 Updated Urban Renewal Plan (the "Amended Railroad Avenue Plan").
The Amended Railroad Avenue Plan identified creation or improvement of lake front
improvements, shoreline restoration/stabilization and the construction of a boardwalk/overlook
area to the south of Brown Park, as well as enhancements to pathways and Payette Lake access
as important objectives of the plan actions, as further set forth in the McCall Lake Front
Improvements — An Urban Renewal Project, Design Development and Decision Package, dated
October 2006 (the "Lake Front Improvement Project Plan").
The Agency and the City have jointly and collectively undertaken and made
improvements identified in the Lake Front Improvement Project Plan within the Lake Front
Project Area as part of the urban renewal plan contemplated improvements.
As a result of the overall investment in public improvements within the Lake Front
Project Area, significant economic investment and reinvestment has occurred in and around the
Lake Front Project Area and has incrgased recreation and public access to Payette Lake.
The Amended Railroad Avenue Plan and the Lake Front Project Area terminate
December 31, 2020, recognizing the Agency shall receive its allocation of revenues in 2021,
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT- I
pursuant to Idaho Code § 50-2903(7) (the "Termination Date"). Many of the proposed
improvements north of Mile High Marina to Brown Park identified in the Lake Front
Improvement Project Plan have not been completed and continue to suffer from certain
deteriorating conditions.
Over several years, that portion of the Lake Front north of the Marina to Brown Park has
deteriorated to the point of requiring major improvements. In order to better understand the costs
associated with the remaining projects in the Lake Front Improvement Project Plan, further
planning, design, and engineering is necessary.
Preliminary estimates for the costs of the planning, design, and engineering for those
improvements identified in the Lake Front Improvement Project Plan north of Mile High Marina
to Brown Park total $200,000 (the "Lake Front Improvement Project").
The Agency Board finds it in the best interests of the Agency to continue to enhance the
development within the Lake Front Project Area and in the best interests of the public to provide
financial support for the Lake Front Improvement Project.
The Agency and City desire that the Lake Front Improvement Project be planned,
designed, and engineered to allow further consideration of funding for certain additional
construction projects within the Lake Front Project Area prior to the Termination Date.
The City has expressed its desire to participate with the Agency for the purpose of
assisting in the planning, design, and engineering the Lake Front Improvement Project and
providing construction planning, design, and engineering services to the Agency for the Lake
Front Improvement Project.
The City and the Agency hereby find and determine that this Agreement enables them to
cooperate to their mutual advantage in a manner that will best accord with the needs and
development of the City and the Agency.
The ability for the City and Agency to cooperate and jointly. benefit each other is
expressly allowed pursuant to Idaho Code Section 50-2015.
In consideration of the payment by the Agency for the Lake Front Improvement Project
costs, as more specifically defined in this Agreement, the City hereby agrees to serve and
perform as project manager for the planning, design, and engineering of the Lake Front
Improvement Project; said design to be subject to the review and approval of the Agency.
AGREEMENT
NOW, THEREFORE, in consideration of the provisions contained herein and the recitals
set forth above which are a material part of this Agreement the Parties agree as follows:
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-2
1. Definitions. As used in this Agreement, the following words, unless the context
dictates otherwise, shall have the following meanings:
Act shall mean collectively the Idaho Urban Renewal Law of 1965, title 50, chapter 20,
Idaho Code, as amended and supplemented and the Local Economic Development Act, title 50,
chapter 29, Idaho Code as amended and supplemented.
Agency shall mean the Urban Renewal Agency of the City of McCall, Idaho, also known
as the McCall Redevelopment Agency, an urban renewal agency created by and existing under
the authority of the Act as an independent public body, corporate and politic.
Agreement shall mean this Planning, Design, and Engineering Agreement between the
City and the Agency.
Board shall mean the Board of Commissioners of the Agency as the same shall be duly
and regularly constituted from time to time.
City shall mean the city of McCall, Idaho, a municipal corporation, of the state of Idaho,
organized under title 50, Idaho Code, as amended.
Engineering Services shall mean collectively the planning, design, engineering, cost
estimating, surveying work, and proposing the location of certain public improvements related to
the Lake Front Improvement Project along with the agreement with the selected Engineering
Services provider and/or as performed by the City's Engineering Department.
Lake Front Improvement Project shall mean the infrastructure and improvements north of
Mile High Marina within the Lake Front Project Area and consistent with the Lake Front
Improvement Project Plan, which consists of the planning, design, and engineering, of public
improvements related to the Lake Front Improvement Project, including but not limited to,
improvements to E. Lake Street, between Fir Street and Hemlock Street, including new
pavement, on-street parking, streetscape, drainage improvements; improvements and/or
construction of pathways; improvement and/or construction of ADA facilities; improvements to
Brown Park; and erosion and deterioration issues occurring in Brown Park, including shoreline
stabilization and improved access to Payette Lake. The design and engineering of the Lake Front
Improvement Project will be used to implement and/or undertake construction of future Lake
Front projects within the discretion of the Agency and City.
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-3
2. Recitals and Purpose.
a. The Parties agree that the foregoing recitals are not mere recitations but
are covenants of the Parties, binding upon them as may be appropriate and a portion of
the consideration for the agreements contained herein.
b. The purpose of this Agreement is to provide for the definition of rights,
obligations, and responsibilities of the Agency and City regarding the planning, design
services, engineering services, and cost estimating services for this Agreement.
Generally, the Agency shall be responsible for the costs of planning, design, surveying,
cost estimating and engineering of the Lake Front Improvement Project, including costs
for the planning, design, engineering, and administration of the Lake Front Improvement
Project. The City shall serve as project manager as .described below. This Agreement
constitutes a joint agreement between the City and the Agency for the successful
completion of the proposed scope of work.
3. City Services and Responsibilities. City agrees to furnish its skill and judgment
necessary to carry out the project administration for the Lake Front Improvement Project.
3.1 Planning, Design, and En ineering. City and Agency shall coordinate
hiring of necessary planning, design, engineering or landscape architectural services, cost
estimating, and administration for the Lake Front Improvement Project consistent with
public selection requirements. City shall provide the Agency with periodic reports and
updates on the completion of the design services, engineering services, and cost
estimating for Agency review and comment, including approval of the final design of the
Lake Front Improvement Project. Agency, within its discretion, shall appoint an Agency
liaison to attend and participate in Lake Front Improvement Project meetings.
3.2 Engineering Services. Agency and City acknowledge City intends to
complete design and engineering services either "in house" through the City's
Engineering Department or through the City's on-call engineers. The City Engineering
Department or the City's on-call engineers will provide planning, design, engineering,
and site location for the Lake Front Improvement Project. Any scope of work issue to the
City's on-call engineers shall be between City and the on-call engineer.
3.2.1. Planning, Site Location, Design Services, and Engineering
Services. The Lake Front Improvement Project Plan concept shall be the basis for
the engineering and design to be completed under this Agreement. The completed
scope of work shall include a specific cost estimate for the Lake Front
Improvement Project, including construction costs. If that estimate for the
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-4
engineering and design scope of work exceeds the not-to-exceed figure described
in section 6 of this Agreement, the City and Agency shall mutually determine
what alternatives should be pursued, including limiting the scope of the
Engineering Services, seeking additional funds, or not proceeding further.
3.2.2. Construction Project. Upon completion of the planning, design,
and engineering work set forth in this Agreement, both City and Agency agree to
consider moving forward with the construction of certain improvements of the
Lake Front Improvement Project. The Agency's participation or contribution to
the Lake Front Improvement Project shall be limited to a not-to-exceed amount as
set forth in section 6 of this Agreement, which includes the planning, design
services, engineering services, and cost estimating work described herein.
Nothing herein, however, commits either the City or Agency to undertake the
construction of the improvements in the Lake Front Improvement Project. To the
extent the City and Agency agree to consider moving forward with the
construction of certain improvements of the Lake Front Improvement Project, the
City and Agency will enter into a separate agreement. City acknowledges
Agency may be unable to spend funds beyond the Termination Date.
3.3 Design and Engineering. City and Agency acknowledge the design work
has commenced. The obligations under this Agreement shall end either thirty (30) days
after final payment for design and engineering services has been paid or determination by
the City and Agency to not pursue the construction of the Lake Front Improvement
Project, whichever occurs first. The City shall:
a. Provide administration of the Engineering Services to determine
the location, design, engineering, and administration of the Lake Front
Improvement Project and any agreements related thereto;
b. Provide administration of the Lake Front Improvement Project in
compliance with generally accepted standards, recognizing that the Lake Front
Improvement Project is an Agency project with the City providing project
management. City shall comply with all applicable statutory provisions including,
but not limited to, chapter 28, title 67, Idaho Code;
C. Provide necessary project management and oversight to assure
contractor's timely progress, process all invoices and payment requests, and
verify contractor's entitlement to all progress payments or other payments
requested by contractor;
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-5
d. Recommend necessary or desirable changes to the Agency and, if
accepted,prepare and sign necessary change orders;
e. Inspect the work and advise the Agency whenever work fails to
conform with the contract documents;
f. Receive and hold all certificates of insurance required by the
contract;
g. Provide monthly progress reports to Agency either in writing or by
presentation to Agency at Agency's board meetings;
h. Assist in the interpretation of the drawings and specifications
among the City, Agency, and the contractor;
i. Maintain all necessary records, documents, drawings, and other
related documents normally maintained for a public works project;
j. Determine when a designated portion of the Lake Front
Improvement Project Engineering Services is substantially complete and
determine when the work is ready for final payment to the contractor; and
k. The agreements with design and engineering professionals for
Engineering Services shall be between the City and the selected contractor.
5. Effective Date. This Agreement shall be effective upon execution of the
Agreement by Agency's Chairman of the Board of Commissioners and the Mayor of the City.
6. Method of Reimbursement. As consideration for the City Services and
Responsibilities set forth above, the Agency shall pay for the costs of the Lake Front
Improvement Project, including planning, design, and engineering services and project
management and administration by the City. Such costs shall not exceed $200,000, including the
project administration costs imposed by the City. If the estimated costs for the proposed scope of
work, including planning, design, and engineering costs, exceeds $200,000, the City shall request
in writing the approval of the Agency for the additional funds. Such request shall be made prior
to incurring any costs in excess of$200,000.
In order to provide sufficient documentation to ensure compliance, the City shall provide
the Agency with the following information in monthly invoices and in a final invoice upon
completion of the Lake Front Improvement Project:
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-6
a. requests for payment for billing invoices received for the Engineering
Services for work related to the Lake Front Improvement Project with sufficient
documentation to ensure accuracy;
b. accounting of the Direct Personnel Expense (defined below);
C. certification by the City Public Works Director that the costs incurred for
Engineering Services are consistent with scope of the Lake Front Improvement Project;
d. monthly reports on the Lake Front Improvement Project's status as
described above.
Upon receipt and approval of the monthly invoice, Agency shall remit payment to City
for all approved amounts within forty-five (45) days of Agency's receipt of an invoice or
payment request. If Agency disputes any amount, Agency shall pay the undisputed amount
within forty-five (45) days and reasonably cooperate with City to resolve the disputed amount.
City shall include this payment process within the agreement with the selected Engineering
Services firm.
City shall, upon completion of the Lake Front Improvement Project, submit an invoice
for all Direct Personnel Expense and Reimbursable Costs incurred by City for design
engineering, and project management. If Agency disputes any amount, Agency shall pay the
undisputed amount within forty-five (45) days and reasonably cooperate with the City to resolve
the disputed amount. The purpose of this section is to provide for payment of Lake Front
Improvement Project costs directly by the Agency.
Direct Personnel Expense is defined as that portion of the direct salaries of all of the
City's personnel engaged on the Lake Front Improvement Project and the portion of the cost of
their mandatory and customary contributions and benefits related thereto such as employment
taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions,
and similar contributions and benefits.
The term Reimbursable Costs shall mean costs necessarily incurred by the City in the
proper performance of services which directly benefit the Lake Front Improvement Project. Such
costs shall be at rates not higher than the standard paid in Valley County for a public works
project, except as may be approved by prior consent of the Agency. City, in its sole and
unilateral discretion, may decide to forego reimbursement for expenses incurred for
administration of the Lake Front Improvement Project as its contribution to the Lake Front
Improvement.
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-7
7. Records. Records of Lake Front Improvement Project costs, Reimbursable Costs,
and costs pertaining to Direct Personnel Expense shall be kept on the basis of generally accepted
accounting principles and shall be available to the Agency or the Agency's authorized
representative at mutually convenient times.
8. Indemnity
To the extent permitted by Idaho Law, the City shall defend, indemnify and hold Agency
and their respective officers, agents, and employees harmless from and against all liabilities,
obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable
planning, design and engineering fees and attorney fees ( collectively referred to in this section
as "Claim"), which may be imposed upon or incurred by or asserted against Agency or its
respective officers, agents, and employees relating to the planning, design and engineering of the
Lake Front Improvement Project or otherwise arising out of this Agreement. In the event an
action or proceeding is brought against Agency or their respective officers, agents, and
employees by reason of any such Claim, City, upon written notice from Agency, shall, at City's
expense, resist or defend such action or proceeding.
Notwithstanding the foregoing, City shall have no obligation to indemnify and hold
Agency and its respective officers, agents, and employees harmless from and against any
matter to the extent it arises from the negligence or willful act of Agency or its respective
officers; agents, or employees or from conduct resulting in an award of punitive damages against
Agency.
9. Amendment. This entire Agreement may be amended at any time and from time
to time by the mutual written consent of the City and the Agency.
10. Severability. In the event any provision of this Agreement shall be declared by a
court of competent jurisdiction to be invalid, illegal, or unenforceable the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. Notice. Any and all notices required to be given by 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:
To Agency: To Ci :
McCall Redevelopment Agency City of McCall
c/o Michelle Groenevelt, AICP 216 East Park Street
Community and Economic McCall, ID 83638
Development Director
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT- 8
City of McCall
216 East Park Street
McCall, ID 83638
12. Non-Waiver. Failure of either Parry:to,exercise"„an. -,Of the rights under this
Agreement, or breach thereof, shall not be deemed to:'be.a waiver of such right or a waiver of any
subsequent breach.
., y .fi••
13. Choice of Law. Any dispute under thi"s..A bempnt;46x;related to this Agreement,
shall be decided in accordance with the laws of the state'bf'rdaho. ,
14. Attorney Fees. Should any litigation be commenced between the Parties hereto
concerning this Agreement, the prevailing Parry shall be entitled, in addition to any other relief
as may be granted, to costs and reasonable attorneys' fees as determined by a court or arbitrator
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.
15. Authority to Execute. Agency and City have duly authorized and have full
power and authority to execute this Agreement.
16. Assignment. It is expressly agreed and understood by the Parties hereto that City
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.
17. Disputes. In the event that a dispute arises between Agency and City regarding
application or interpretation of any provision of this Agreement, the aggrieved Parry shall
promptly notify the other Party to this Agreement of the dispute within ten (10) days after such
dispute arises. If the Parties shall have failed to resolve the dispute within thirty (30) days after
delivery of such notice, each Parry shall have the right to pursue any rights or remedies it may
have at law or in equity.
19. Entire Agreement. This Agreement, along with any and all exhibits attached
hereto and incorporated herein by reference, contains and integrates all of the terms and
conditions mentioned herein or incidental hereto and supersedes all negotiations or previous
agreements between the Parties with respect to all or any part of the Project.
[Signatures on following page]
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT-9
IN WITNESS WHEREOF, the Parties hereto, through their respective governing boards,
have executed this Agreement on the date first cited above.
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Secretary
PLANNING,DESIGN,AND ENGINEERING AGREEMENT
FOR THE LAKE FRONT IMPROVEMENT PROJECT- 10