HomeMy Public PortalAboutResolution 20-19 MRA Lake Front Improvement Agreement City of McCall
RESOLUTION NO. 20-19
A RESOLUTION OF THE MCCALL CITY COUNCIL OF THE CITY OF McCALL, IDAHO
APPROVING THE PLANNING, DESIGN, ENGINEERING AND CONSTRUCTION
PROJECT AGREEMENT FOR THE LAKE FRONT IMPROVEMENT PROJECT
(SHORELINE STABILIZATION AND PROMENADE IMPROVEMENTS) BY AND
BETWEEN THE McCALL REDEVELOPMENT AGENCY AND THE CITY OF McCALL;
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
MAYOR TO TAKE ALL NECESSARY ACTION TO IMPLEMENT THIS RESOLUTION;
AUTHORIZING ANY TECHNICAL CORRECTIONS TO THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
THIS RESOLUTION,made on the date hereinafter set forth by the Urban Renewal Agency
of the city of McCall, Idaho, also known as the McCall Redevelopment Agency, an independent
public body,corporate and politic, authorized under the authority of the Idaho Urban Renewal Law
of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic
Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), a duly created and
functioning urban renewal agency for McCall, Idaho, hereinafter referred to as the"Agency."
WHEREAS, 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;
WHEREAS, 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");
WHEREAS, 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;
WHEREAS, 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");
WHEREAS, 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");
WHEREAS, the Agency and the City have jointly and collectively undertaken and made
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Resolution 20-19—City-Agency Lake Front Construction Agreement
August 27,2020
improvements identified in the Lake Front Improvement Project Plan within the Lake Front Project
Area as part of the urban renewal plan contemplated improvements;
WHEREAS, 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 increased recreation and public access to Payette Lake;
WHEREAS, 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, 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;
WHEREAS, 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 was necessary;
WHEREAS, on or about April 27, 2020, the City and Agency entered into the Planning,
Design, and Engineering Agreement for the Lake Front Improvement Project, wherein, the City
agreed to provide project administration concerning the preliminary planning, design and
engineering of the remaining projects in the Lake Front Improvement Project Plan(the"Lake Front
Improvement Project"), and the Agency agreed to pay for the costs of the Lake Front Improvement
Project in an amount not to exceed $200,000;
WHEREAS, the City, through its on-call engineer, Horrocks Engineers, conducted
preliminary planning, design and engineering of several remaining projects in the Lake Front
Improvement Project, including preliminary cost estimates;
WHEREAS, at the Agency's Board meeting on June 23, 2020, Horrocks Engineers
presented the E. Lake Street and Brown Park Conceptual Improvements, identifying four (4)
projects, prioritization of the projects and its recommendations. Following discussion, in part
based on available funds, the Agency Board moved to proceed to final design and engineering on
Project #1 — Shoreline Promenade and Stabilization, but modifying Project #1 as proposed to
extend stabilization to include from the Marina to the north side of Brown Park (the "Shoreline
Stabilization and Promenade Improvements");
WHEREAS,preliminary estimates for the costs of the final planning, design, engineering,
and construction of the Shoreline Stabilization and Promenade Improvements total approximately
$1,000,000;
WHEREAS, 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 Shoreline Stabilization and Promenade Improvements;
WHEREAS, the Agency and City desire that the Shoreline Stabilization and Promenade
Page 2 of 4
Resolution 20-19—City-Agency Lake Front Construction Agreement
August 27,2020
Improvements be planned, designed, engineered and constructed within the Lake Front Project
Area prior to the Termination Date;
WHERES, the City has expressed its desire to participate with the Agency for the purpose
of assisting in the planning, design, engineering and constructing the Shoreline Stabilization and
Promenade Improvements, and providing construction management services to the Agency for the
Shoreline Stabilization and Promenade Improvement Project;
WHEREAS,the City and the Agency hereby find and determine that the Planning,Design,
Engineering, and Construction Project Agreement for the Lakefront Improvement Project
(Shoreline Stabilization and Promenade Improvements (the "Agreement"), attached hereto as
Exhibit A, 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;
WHEREAS, the ability for the City and Agency to cooperate and jointly benefit each other
is expressly allowed pursuant to Idaho Code Section 50-2015;
WHEREAS, in consideration of the payment by the Agency for the Shoreline Stabilization
and Promenade Improvements costs, as more specifically defined in the Agreement, the City
hereby agrees to serve and perform as project manager for the final planning, design, and
engineering of the Shoreline Stabilization and Promenade Improvements; said final design to be
subject to the review and approval of the Agency. Additionally, the City hereby agrees to serve
and perform as project manager for the public works construction of the Shoreline Stabilization
and Promenade Improvements (including the solicitation of those services), and provide project
oversight and inspection.
WHEREAS, the City Council finds it in the best interest of the Agency and of the public
to approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE MCCALL
CITY COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS:
Section 1: That the above statements are true and correct.
Section 2: That the Agreement, set forth as Exhibit A hereto,be and the same is hereby
approved.
Section 3: That the Mayor is hereby authorized to sign and enter into the Agreement,
and to execute all necessary documents required to implement the actions contemplated by the
Agreement, subject to representations by the Agency staff and the Agency legal counsel that all
conditions precedent to such actions have been met; and further is authorized to approve and accept
any necessary technical changes to the Agreement upon advice from Agency's legal counsel that
said changes are consistent with the provisions of the Agreement and the comments and
discussions received at the August 18, 2020, Agency Board meeting; the Agency is authorized to
appropriate any and all funds contemplated by the Agreement; and to perform any and all other
duties required pursuant to the Agreement.
Page 3 of 4
Resolution 20-19—City-Agency Lake Front Construction Agreement
August 27,2020
Section 4: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED AND ADOPTED by the McCall City Council of the City of McCall, Idaho, on
August 27, 2020. Signed by the Mayor and attested by the McCall City Clerk, on this 27th day of
August 2020.
MCC�r.,,� APPROVED:
G '
BY
n 1 Robert Giles, Mayor
ATTEST: DA���`��`,,
By
BessieJo Wag , City Cl
Page 4 of 4
Resolution 20-19—City-Agency Lake Front Construction Agreement
August 27,2020
PLANNING,DESIGN,ENGINEERING,AND
CONSTRUCTION PROJECT AGREEMENT
FOR THE LAKEFRONT IMPROVEMENT PROJECT
(SHORELINE STABILIZATION AND PROMENADE IMPROVEMENTS)
THIS PLANNING, DESIGN, ENGINEERING, AND CONSTRUCTION PROJECT
AGREEMENT FOR THE LAKEFRONT IMPROVEMENT PROJECT (SHORELINE
STABILIZATION AND PROMENADE IMPROVEMENTS) (the"Construction Agreement") is
made and entered into this 27th day of August, 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 "Party" 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.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 1
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 increased 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,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 was necessary.
On or about April 27, 2020, the City and Agency entered into the Planning, Design, and
Engineering Agreement for the Lake Front Improvement Project(the"PDE Agreement"),wherein,
the City agreed to provide project administration concerning the preliminary planning, design and
engineering of the remaining projects in the Lake Front Improvement Project Plan(the"Lake Front
Improvement Project"), and the Agency agreed to pay for the costs of the Lake Front Improvement
Project in an amount not to exceed$200,000.
The City, through its on-call engineer, Horrocks Engineers, conducted preliminary
planning, design and engineering of several remaining projects in the Lake Front Improvement
Project, including preliminary cost estimates.
At the Agency's Board meeting on June 23, 2020, Horrocks Engineers presented the E.
Lake Street and Brown Park Conceptual Improvements,identifying four(4)projects,prioritization
of the projects and its recommendations. Following discussion, in part based on available funds,
the Agency Board moved to proceed to final design and engineering on Project #1 — Shoreline
Promenade and Stabilization, but modifying Project #1 as proposed to extend stabilization to
include from the Marina to the north side of Brown Park (the "Shoreline Stabilization and
Promenade Improvements").
Preliminary estimates for the costs of the final planning, design, engineering and
construction of the Shoreline Stabilization and Promenade Improvements total approximately
$1,000,000.
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 Shoreline Stabilization and Promenade Improvements.
The Agency and City desire that the Shoreline Stabilization and Promenade Improvements
be planned, designed, engineered and constructed within the Lake Front Project Area prior to the
Termination Date.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 2
The City has expressed its desire to participate with the Agency for the purpose of assisting
in the planning, design, engineering and constructing the Shoreline Stabilization and Promenade
Improvements, and providing construction management services to the Agency for the Shoreline
Stabilization and Promenade Improvement Project.
The City and the Agency hereby find and determine that this Construction 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 Shoreline Stabilization and
Promenade Improvements costs, as more specifically defined in this Construction Agreement,the
City hereby agrees to serve and perform as project manager for the final planning, design, and
engineering of the Shoreline Stabilization and Promenade Improvements; said final design to be
subject to the review and approval of the Agency. Additionally, the City hereby agrees to serve
and perform as project manager for the public works construction of the Shoreline Stabilization
and Promenade Improvements (including the solicitation of those services), and provide project
oversight and inspection.
AGREEMENT
NOW, THEREFORE, in consideration of the provisions contained herein and the recital
set forth above which are a material part of this Agreement the parties agree as follows:
1. Definitions. As used in this Construction 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 of
1988, 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 Law and Act as an independent public body, corporate and
politic.
Board shall mean the Board of Commissioners of the Agency as the same shall be duly and
regularly constituted from time to time.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 3
Qly shall mean the city of McCall, Idaho, a municipal corporation, of the state of Idaho,
organized under title 50, Idaho Code, as amended.
Construction Agreement shall mean this Planning, Design, Engineering, and Construction
Project Agreement for the Lakefront Improvement Project (Shoreline Stabilization and
Promenade Improvements)between the City and the Agency.
Contract shall mean the contract through which the general contractor is awarded the
construction of the Shoreline Stabilization and Promenade Improvements Project.
Contractor shall mean the selected general contractor awarded the construction of the
Shoreline Stabilization and Promenade Improvements Project.
Engineering Services shall mean the planning, design, engineering, cost estimating,
surveying work, and proposing the location of certain public improvements related to the
Shoreline Stabilization and Promenade Improvements Project along with the agreement
with the selected Engineering Services provider, Horrocks Engineers and/or as performed
by the City's Engineering Department.
Shoreline Stabilization and Promenade Improvements Project shall mean the shoreline
stabilization and promenade improvements project from the Mile High Marina to north of
Brown Park within the Lake Front Project Area and consistent with the Lake Front
Improvement Project Plan, which consists of the planning, design, engineering,
acquisition, construction, and installation of public improvements related to the Shoreline
Stabilization and Promenade Improvements Project, including the locating, engineering
and constructing of shoreline stabilization infrastructure; the locating, engineering,
constructing, and paving of a promenade adjacent to the shoreline; the locating,
engineering and construing of water improvements, such as swim lanes, docks, swim
platforms,etc.;the locating, engineering and constructing of improvements to Brown Park;
installation of storm drainage, sidewalk, curb, and gutter; landscaping; lighting system,
landscape lighting system, and other designed open space.
Shoreline Stabilization and 'Promenade Improvements Project Design shall mean the
services related to planning, design, engineering, and proposing the location of the
Shoreline Stabilization and Promenade Improvements Project.
Shoreline Stabilization and Promenade Improvements Project Installation shall mean those
improvements to be constructed and installed at the Agency's expense, which
improvements consist of Shoreline Stabilization and Promenade Improvements Project.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 4
The City and Agency shall determine the Agency's not-to-exceed obligation amount as
described in Section 6.
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 Construction Agreement is to provide for the definition of
rights, obligations, and responsibilities of the Agency and City regarding the
planning, design services, engineering services, project management services, and
cost estimating services for this Construction Agreement. Generally, the Agency
shall be responsible for the costs of planning, design, surveying, cost estimating,
engineering, and construction of the Shoreline Stabilization and Promenade
Improvements Project, including costs for the planning, design, engineering, and
administration of the Shoreline Stabilization and Promenade Improvements
Project. The City shall serve as project manager as described below. This
Construction Agreement constitutes a joint agreement between the City and the
Agency for the successful completion of the Shoreline Stabilization and Promenade
Improvements Project.
3. City Services and Responsibilities. City agrees to furnish its skill and judgment necessary
to carry out the project administration for the Shoreline Stabilization and Promenade
Improvements Project.
3.1 Planning, Design, Engineering, and Construction: City and Agency shall
coordinate hiring of necessary planning, design, engineering or landscape architectural
services, cost estimating, and construction management and administration for the
Shoreline Stabilization and Promenade Improvements Project consistent with the public
procurement and bidding requirements. These services include the completion of bid
documents for advertising and securing construction bids for the Shoreline Stabilization
and Promenade Improvements Project. City and Agency shall jointly agree on a schedule
for the completion of the bid documents. City shall provide the Agency with periodic
reports and updates on the completion of the final design services, engineering services,
cost estimating,and bid specifications for Agency review and comment,including approval
of the final design of the Shoreline Stabilization and Promenade Improvements Project.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 5
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, Horrocks Engineers. The City
Engineering Department or Horrocks Engineers will provide planning, design,
engineering, site location, bid preparation, and project management for the Shoreline
Stabilization and Promenade Improvements Project. The City Engineering Department
and/or Horrocks Engineers will be expected to site the Shoreline Stabilization and
Promenade Improvements Project, provide the final design and engineering services for
the Shoreline Stabilization and Promenade Improvements Project, prepare the bid
documents, and assist in the selection of the Contractor for the Shoreline Stabilization and
Promenade Improvements Project. In the event additional outside engineering services are
needed, both City and Agency agree to proceed through the required selection process
required by state statute. In that event,Agency may determine a not-to-exceed amount for
such design and engineering services. Any scope of work issued to Horrocks Engineers
shall be between the City and Horrocks Engineers.
3.2.1. Planning, Site Location, Architectural Design Services, and Engineering
Services. Horrocks Engineers completed a preliminary design concept illustrating
the scale and relationship of the construction of the Shoreline Stabilization and
Promenade Improvements Project. This concept shall be the basis for the final
engineering and design to be completed under this Construction Agreement. The
completed scope of work shall include a specific cost estimate for the Shoreline
Stabilization and Promenade Improvements Project, including construction costs.
If that estimate exceeds the not-to-exceed figure described in Section 6 of this
Construction Agreement, the City and Agency shall mutually determine what
alternatives should be pursued, including redesign, relocation, seeking additional
funds, limiting the scope of the Shoreline Stabilization and Promenade
Improvements Project or not proceeding further.
3.2.2. Construction Project. Upon completion of the final planning, design, and
engineering work set forth in this Construction Agreement, both City and Agency
agree to consider moving forward with the construction of the Shoreline
Stabilization and Promenade Improvements Project. The Agency's participation or
contribution to the Shoreline Stabilization and Promenade Improvements Project
shall be limited to a not-to-exceed amount as set forth in Section 6 of this
Construction 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 Shoreline
Stabilization and Promenade Improvements Project. The City acknowledges
Agency may be limited in its ability to fund projects beyond the Termination Date.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 6
3.3 Bid Solicitation and Award. City, with Agency review and input as to the bid
specifications, shall solicit bids ("Bids") for the Shoreline Stabilization and Promenade
Improvements Project. Representatives from Agency and City shall review the Bids at
opening. The City shall designate the qualified public works contractor submitting the bid
in compliance with chapter 28, title 67, Idaho Code for the Shoreline Stabilization and
Promenade Improvements Project subject to the City's right to reject all bids.
3.4 Design and Construction. City and Agency acknowledge the conceptual design
work has commenced and final design of the Shoreline Stabilization and Promenade
Improvements Project is at or near completion. The obligations under this Construction
Agreement shall end either thirty(30) days after final payment to the Contractor under the
Contract has been paid or determination by the City and Agency to not pursue the
construction of the Shoreline Stabilization and Promenade Improvements Project,
whichever occurs first. The City shall:
a. Provide administration of the Engineering Services to determine the
location, design, engineering, and administration of the Shoreline
Stabilization and Promenade Improvements Project, the preparation of the
bid documents for the Shoreline Stabilization and Promenade
Improvements Project and administration of the Contract.
b. Provide administration of the Shoreline Stabilization and Promenade
Improvements Project in compliance with generally accepted standards
recognizing that the Shoreline Stabilization and Promenade Improvements
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 and process all invoices and payment requests, verify
Contractor's entitlement to all progress payments or other payments
requested by Contractor;
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;
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 7
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; and
j. Determine when the Shoreline Stabilization and Promenade Improvements
Project or a designated portion thereof is substantially complete, issue
Certificates of Substantial Completion (if necessary), and determine when
the work is ready for final inspection and final payment to the Contractor.
k. The Contract for Engineering Services and with the Contractor for
construction of the Shoreline Stabilization and Promenade Improvements
Project shall be between the City and the selected Contractor.
4. Agency and City Obligations. The purpose of this Construction Agreement is to provide
for the definition of rights, obligations and responsibilities of the Agency and City
regarding the construction of the Shoreline Stabilization and Promenade Improvements
Project.
5. Effective Date. This Construction Agreement shall be effective upon execution of the
Construction Agreement by Agency's Chairman of the Board of Commissioners and the
Mayor of the City and/or the City Manager, as the case may be.
6. Method of Reimbursement. As consideration for the City Services and Responsibilities
set forth above, the Agency shall pay for the costs of the Shoreline Stabilization and
Promenade Improvements Project, including planning, design and engineering services
and project management and administration by the City. Such-costs shall not exceed
$1,000,000, including the project administration costs imposed by the City. If after the
opening of the Bids, the estimated construction costs for the Shoreline Stabilization and
Promenade Improvements Project, including planning, design and engineering costs,
exceeds $1,000,000, the City shall request.in writing the approval,of the Agency for the
additional funds. Such request shall be made prior to awarding the contract and incurring
any costs in excess of$1,000,000.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 8
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 Shoreline Stabilization and Promenade Improvements Project:
a. requests for payment for billing invoices received from Horrocks Engineers
for Engineering Services and the Contractor for work related to the
Shoreline Stabilization and Promenade Improvements Project with
sufficient documentation to ensure accuracy;
b. accounting of the Direct Personnel Expense and Reimbursable Costs
(defined below);
C. certification by the City Public Works Director that the costs incurred for
Engineering Services and construction services are consistent with the
scope of the Shoreline Stabilization and Promenade Improvements Project;
and
d. monthly reports on the Shoreline Stabilization and Promenade
Improvements 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 Contract with the selected
contractor and the agreement with the selected Engineering Services firm.
City shall, upon completion of the Shoreline Stabilization and Promenade Improvements
Project, submit an invoice for all Direct Personnel Expense and Reimbursable Costs
incurred by City for design,engineering,project management, and construction inspection.
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 Shoreline Stabilization and Promenade
Improvements 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 Shoreline Stabilization and Promenade Improvements Project
and the portion of the cost of their mandatory and customary contributions and benefits
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 9
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 Shoreline Stabilization and
Promenade Improvements 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 Shoreline Stabilization and
Promenade Improvements Project as its contribution to the Shoreline Stabilization and
Promenade Improvements Project.
7. Records. Records of Shoreline Stabilization and Promenade Improvements 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. Insurance.
a. The City (either itself or the selected Contractor) shall purchase and maintain, for
the benefit of the City and the Agency, insurance for protection from claims under
the worker's compensation law of the state of Idaho arising from work performed
on the Shoreline Stabilization and Promenade Improvements Project; claims for
damages because of bodily injury, including personal injury, sickness, disease, or
death of any of the City's employees or of any person while working on the
Shoreline Stabilization and Promenade Improvements Project; claims for damages
because of injury to or destruction or loss of use of tangible property as a result of
work on the Shoreline Stabilization and Promenade Improvements Project; and
claims arising out of the performance of this Construction Agreement and caused
by negligent acts for which the City is legally liable. The terms and limits of
liability shall be determined solely by the City, and nothing herein shall be
construed as any waiver of any claim or defense by the City or the Agency premised
upon any claim of sovereign immunity or arising from the Idaho Tort Claims Act.
The amount of insurance shall be in the amounts set forth in the Idaho Tort Claims
Act.
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 10
b. The City shall also purchase and maintain for the benefit of the City and Agency
property damage insurance for any property damage to the Shoreline Stabilization
and Promenade Improvements Project or other property owned by the City.
9. Indemnity.
Only 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 Construction 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.
10. Amendment. This entire Construction Agreement may be amended at any time and from
time to time by the mutual written consent of the City and the Agency.
11. Severability. In the event any provision of this Construction 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.
12. Notice. Any and all notices required to be given by either of the Parties hereto, unless
otherwise stated in this Construction Agreement shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt requested,
addressed as follows:
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 11
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
City of McCall
216 East Park Street
McCall, ID 83638
13. Non-Waiver. Failure of either party to exercise any of the rights under this Construction
Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver
of any subsequent breach.
14. Choice of Law. Any dispute under this Construction Agreement, or related to this
Construction Agreement,shall be decided in accordance with the laws of the state of Idaho.
15. Attorney Fees. Should any litigation be commenced between the Parties hereto
concerning this Construction Agreement, the prevailing party 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 Construction Agreement.
16. Authority to Execute. Agency and City have duly authorized and have full power and
authority to execute this Construction Agreement.
17. 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
Construction Agreement except upon the prior express written consent of Agency.
18. Disputes. In the event that a dispute arises between Agency and City regarding application
or interpretation of any provision of this Construction Agreement,the aggrieved party shall
promptly notify the other party to this Construction 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 party shall have the right to pursue
any rights or remedies it may have at law or in equity.
19. Entire Agreement. This Construction Agreement along with any and all exhibits
attached hereto and incorporated herein by reference contains and integrates all of the terms
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 12
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.
IN WITNESS WHEREOF, the parties hereto, through their respective governing boards, have
executed this Construction Agreement on the date first cited above.
CITY OF McCALL
0� ccAtr,'�'�•
rIS
AL x $y yow_ "A�
Bob Giles, Mayor
ATTEST:
ID
BessieJo Wag er, City Cl k
McCALL REDEVELOPMENT AGENCY
By .� I/l� ✓
Rick Fereday, Chairman
ATTEST:
Secrets
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 13
Exhibit A
(Lakefront Project Area Map)
4835-6404-6279,v.2
City-Agency Agreement Re:
Shoreline Stabilization
and Promenade Improvements - 14
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Agency
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