HomeMy Public PortalAbout2022.05.26 Professional Services Agreement - Vitruvian - McCall ADA Transition Plan (2)PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
VITRUVIAN PLANNING LLC—Page 1 of 20
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MCCALL AND VITRUVIAN PLANNING, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by
and between the City of McCall, an Idaho municipal corporation (“City”), and Vitruvian Planning,
LLC an Idaho Limited Liability Company located at 967 East Parkcenter Boulevard, #180, Boise,
ID 83706 (“Contractor”). City and Contractor may also individually be referred to as “Party” or
collectively as “Parties.”
WHEREAS, City desires Contractor to assist the City in utilizing the Contractor for
professional services associated with Americans with Disabilities Act Transition Plan requirements,
further described in Exhibit A; and
WHEREAS, Contractor desires to perform such Services for City;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, it is hereby agreed to and stipulated by and between City and Contractor as follows:
I.
DUTIES OF CONTRACTOR
A. PROFESSIONAL SERVICES: Contractor shall perform the professional services as
set forth in Exhibit A, attached hereto and incorporated herein (“Services”).
B. SPECIAL PROVISIONS: All special provisions that apply to this Agreement are set
forth in Exhibit B, attached hereto and incorporated herein. In the event that a special provision set
forth in Exhibit B conflicts with any other term of this Agreement, the special provision shall
govern.
C. INDEPENDENT CONTRACTOR: The Parties agree that Contractor and its
subconsultants are independent contractors, with no employment relationship with City. The
Contractor is responsible for all necessary subcontractor agreements and payments.
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D. FRINGE BENEFITS: Because Contractor is engaged in Contractor’s own
independently established business, Contractor and its subconsultants are not eligible for, and shall
not participate in, any employee pension, health, or other fringe benefit plan of City.
E. WORKER’S COMPENSATION: Contractor shall maintain in full force and effect
worker’s compensation for Contractor and any agents, employees, and staff that Contractor
employs. Contractor shall provide proof of such coverage to City, or proof that such worker’s
compensation insurance is not required under the circumstances.
F. RIGHT OF CONTROL: City agrees that it has no right to control or direct the
details, manner, or means by which Contractor accomplishes the results of the Services. Contractor
agrees, however, that Contractor’s other contracts or services shall not interfere with Contractor’s
performance of the Services.
G. EQUIPMENT AND SUPPLIES: Contractor shall supply, at Contractor’s sole
expense, all equipment, tools, materials, and/or supplies needed to accomplish the Services.
H. LICENSES AND LAW: Contractor represents that Contractor possesses the skills
and experience necessary and all licenses required to perform the Services. Contractor shall comply
with all applicable laws in the performance of the Services, including, but not limited to, all equal
employment opportunity requirements, federal wage and labor requirements, and handicap
accessibility requirements. If Contractor uses a motor vehicle in performance of this Agreement,
Contractor shall maintain a valid driver’s license and liability insurance at least in the minimum
amounts required by Idaho law.
I. WARRANTY AND STANDARD OF CARE: Contractor warrants that any
materials and/or goods supplied pursuant to this Agreement shall be of good merchantable quality.
Contractor shall perform the Services in a manner consistent with that degree of care and skill
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ordinarily exercised by members of the same profession currently practicing under similar
circumstances.
J. SUBCONSULTANTS AND SUBCONTRACTORS: Contractor shall utilize only
subconsultants identified in the proposal and not utilize any other subconsultants or subcontractors
in the performance of this Agreement without prior written approval from City.
K. CONTRACTING AUTHORITY: Contractor warrants that the signatory to this
Agreement has the authority to fully bind Contractor to enter into and be obligated to perform the
duties set forth herein.
L. INSURANCE: Contractor, at its sole expense, shall procure and maintain in full
force and effect insurance in accordance with the requirements set forth in Exhibit B, attached
hereto and incorporated herein.
M. INDEMNIFICATION: To the fullest extent permissible by law, Contractor shall
defend, indemnify, and hold City, its officers, agents, and employees harmless for all claims,
demands, losses, actions, causes of action, suits, damages, judgments, obligations, liabilities, costs,
expenses, and/or injuries to persons or property (collectively “Claims”) to the extent that such
Claims arise out of or are in connection with any negligent act, error, or omission of Contractor, its
officers, agents or employees, that is in any way connected with the Services provided under this
Agreement. In the event City is alleged to be liable on account of any negligent act, error, or
omission of Contractor, its officers, agents or employees, then Contractor shall defend such
allegation through counsel chosen by Contractor, and Contractor shall bear all costs, fees, and
expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs,
and expert witness fees and expenses. In the event that both Contractor and City are negligent,
Contractor and City agree to share costs in proportion to their negligence.
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This indemnification provision shall survive the expiration or termination of this Agreement.
Contractor’s indemnification and defense obligations herein shall extend to Claims occurring after
this Agreement is terminated or expired, as well as while this Agreement is in force, and shall
continue until all Claims are finally adjudicated and fully and finally barred by applicable laws.
N. NON-EXCLUSIVE: This Agreement is not exclusive to Contractor. Contractor
acknowledges that City may obtain additional professional services of the same nature as provided
for in this Agreement.
O. NON-DISCRIMINATION: Contractor shall not refuse to hire any person,
including any subcontractor, because of such person’s race, creed, sex, color, national origin,
ancestry, religion, physical or mental disability, marital or familial status, sexual orientation, or gender
identity/expression, unless based on a bona fide occupational qualification.
P. PERSONNEL: In providing Services under this Agreement, Contractor agrees to
assign the direct participation of experienced and qualified personnel. All staff used by Contractor
in the performance of the Services shall be qualified by training and experience to perform their
assigned tasks. Contractor shall submit, for approval by City, a staffing proposal for the Services.
Contractor shall not reassign such staff without City’s prior written approval; and City shall have the
right to approve their successors. City shall have the right, in its sole discretion, to have any of
Contractor's personnel removed from the project.
Q. CONSULTANT RELIANCE: Contractor may rely, without liability, on the
accuracy and completeness of information provided by City without the need for independent
verification.
R. ANTI-BOYCOTT AGAINST ISRAEL ACT (Idaho Code 67-2346). Within the
meaning of the terms as defined in Idaho Code 67-2346, Contract certifies that it is not currently
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engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services
from Israel or territories under its control.
II.
DUTIES OF CITY
A. PAYMENT: City agrees to pay Contractor up to the total sum of SIXTY FIVE
THOUSAND Dollars ($65,000). City shall pay Contractor within thirty (30) days from receipt of
invoice from Contractor.
B. PAYROLL TAXES: Neither Federal, State, or local income taxes, nor payroll taxes
of any kind shall be withheld and paid by City on behalf of Contractor or Contractor’s employees.
Contractor shall not be treated as an employee of City with respect to the services performed
pursuant to this Agreement for Federal or State tax purposes. Contractor understands that
Contractor is responsible to pay, according to law, Contractor’s income tax. Contractor further
understands that Contractor may be held liable for self-employment (Social Security) tax to be paid
by Contractor according to law.
III.
GENERAL PROVISIONS
A. TERM AND RENEWAL: The term of this Agreement shall be from May 26, 2022
through February 28, 2023. City may, solely at its option, renew this Agreement for additional one-
year terms.
B. TERMINATION: This Agreement may be terminated only as follows:
1. City may terminate this Agreement with or without cause upon fifteen (15)
days’ written notice to Contractor.
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2. Contractor may terminate this Agreement only if City defaults on its
obligations under this Agreement, but only after giving City written notice of Contractor’s intent to
terminate and allowing at least thirty (30) days for the default to be cured.
3. City may terminate this Agreement in the event that City does not
appropriate funds for the Services for an ensuing fiscal year. In such event, City shall give prompt
written notice to Contractor attesting to the non-appropriation of funds and the effective date of
termination of this Agreement, and no financial obligations shall accrue to City after the effective
date of said termination.
Upon termination: (1) Contractor shall discontinue the Services under this Agreement; (2)
Contractor shall promptly provide City all maps, plots, drawings, estimate sheets, specifications,
documents, models, renderings, and other work product prepared in connection with the Services;
and (3) City shall pay Contractor for all Services performed up to the date of termination.
C. NOTICES: All notices required to be given pursuant to this Agreement shall be in
writing and shall be deemed delivered immediately if hand-delivered or forty-eight (48) hours after
depositing the same in the U.S. mail, certified or registered, postage prepaid, addressed to the
respective addresses set forth below:
Contractor: Vitruvian Planning, LLC
Contractor’s Name
Chris Danley, Principal
Contact Name, Position
967 East Parkcenter Blvd, #180
Address
Boise, ID 83706
City, State, Zip
City: City of McCall
Attn: BessieJo Wagner
216 E. Park Street
McCall, Idaho 83638
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D. CHOICE OF LAW: This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Idaho, with venue for any action brought pursuant to this
Agreement to be in the Fourth Judicial District, Valley County, State of Idaho.
E. SEVERABILITY: In the event that any provision of this Agreement is found for
any reason to be unenforceable, the remainder of this Agreement shall remain in full force and effect
and shall be binding upon the Parties.
F. SURVIVAL: All covenants, conditions, indemnifications, and other elements in this
Agreement that might involve performance subsequent to any termination or expiration of this
Agreement or that cannot be reasonably ascertained or fully performed until after termination or
expiration of this Agreement shall survive.
G. AMENDMENTS: This Agreement may be amended only by a writing duly executed
by both Parties.
H. PERFORMANCE/WAIVER: No waiver of any provision of this Agreement shall
be effective unless made in writing and signed by the waiving Party. The failure of any Party to
require the performance of any term or obligation of this Agreement, or the waiver by any Party of
any breach of this Agreement, shall not prevent any subsequent enforcement of such term or
obligation or be deemed a waiver of any subsequent breach.
I SUCCESSORS AND ASSIGNS: This Agreement may not be assigned in whole or
in part by either of the Parties hereto without the prior express written consent of the other Party.
J. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any
relationship, contractual or otherwise, with, or any rights in favor of, any third party. Nothing
contained herein shall extend the liability of either Party beyond that provided by governing law.
K. ATTORNEY FEES: In the event a controversy, claim, or action arises between the
Parties to this Agreement regarding the enforcement of its terms and conditions, or the breach of
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any of its provisions, all costs and expenses incurred, including reasonable attorney fees, shall be
apportioned in accordance with State of Idaho law.
L. FORCE MAJEURE: “Event of Force Majeure” means an event beyond the control
of a Party that prevents such Party from complying with any of its obligations under this Agreement,
including riots, acts of God, accidents, order of a court of competent jurisdiction, failure of a
required governmental approval, civil disorders, acts of war, material shortages, disease, or similar
occurrence, and not attributable to such Party’s neglect or nonfeasance.
No Party shall be considered in breach of this Agreement or liable to the other Party for any
losses and damages to the extent that performance of their respective obligations is prevented by an
Event of Force Majeure. The Party prevented from carrying out its obligations hereunder
Affected Party”) shall give notice to the other Party of an Event of Force Majeure upon it being
foreseen by, or becoming known to, the Affected Party. If and to the extent that the Affected Party
is prevented from performing its obligations by an Event of Force Majeure, while the Affected Party
is so prevented, the Affected Party shall be relieved of its obligations hereunder, but shall endeavor
to continue to perform its obligations under the Agreement so far as reasonably practicable.
M. PUBLIC RECORDS: The Parties herein understand and acknowledge that this
Agreement and its attachments are subject to the Idaho Public Records Act, I.C. §§ 74-101, et seq.,
the Idaho Open Meetings Act, I.C. §§ 74-201, et seq., and other applicable federal and state laws, and
might be public records.
N. USE OF CITY NAME: Contractor shall not include the name, logo, or any
identifying marks of City in any advertising, sales promotion, or other publicity matter without prior
consent of the City.
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O. COUNTERPARTS: This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
P. DISPUTE RESOLUTION: In the event that a dispute related to this Agreement
arises, the dispute shall be articulated in writing by either Party. City and Contractor shall then
attempt to negotiate in good faith and resolve the dispute. If the Parties fail to resolve the dispute
through negotiation, then the Parties shall enter into non-binding mediation or another mutually
agreed upon alternative dispute resolution process. Fees and expenses for mediation shall be split
equally between the Parties. The Parties agree that non-binding mediation or another mutually
acceptable alternative dispute resolution process shall precede litigation.
Q. OWNERSHIP OF DOCUMENTS: All maps, plots, drawings, estimate sheets,
specifications, documents, models, renderings, and other work product (collectively “Work
Product”) prepared in connection with the Services shall be the property of City. Use or reuse of
Work Product for any purpose other than intended by this Agreement shall be at the risk of City and
without legal liability or exposure to Contractor.
R. JOINT DRAFTING: The Parties expressly agree that this Agreement was jointly
drafted and both Parties had an opportunity to negotiate its terms and obtain the assistance of legal
counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed
neither against nor in favor of either Party, but shall be construed in a neutral manner.
S. MERGER AND INTEGRATION: This writing embodies the whole agreement of
the Parties. There are no promises, terms, conditions, or obligations other than those contained in
this Agreement. All previous and contemporaneous communications, representations, or
agreements, either verbal or written, between the Parties are superseded by this Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written
below.
DATED this day of 2022.
City of McCall
Valley County, Idaho
By:
Robert S. Giles, Mayor
ATTEST:
BessieJoWagner, City Clerk
Vitruvian Planning, LLC
By:
Title:
26 May
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Chris Danley
Principal
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EXHIBIT A
SCOPE OF SERVICES
Purpose: Vitruvian Planning will provide technical and policy support to City of McCall Staff to
help develop its ADA Transition Plan. McCall is working through its plan in phases to address
public building, parks, and public right of way. Data collection is being managed locally by the
Consultant through assistance from Lewis-Clark State College.
Vitruvian’s primary roles are summarized in the detailed tasks below. Tasks may not be
chronological as the project unfolds and city timelines are established.
Don Kostelec, AICP, will provide primary support and project management for Vitruvian Planning,
as well as the primary inputs to public rights of way and outdoor park spaces. Chris Danley of
Vitruvian Planning will provide support in these areas. A bio and list of relevant projects for
Vitruvian staff is included at the end of this scope of work.
Task 1: Discovery
The ADA Transition Plan begins with the Discovery Task to understand the facilities, programs,
and service context of McCall. This helps our team gain the back story behind recent success stories,
challenges with regard to terrain and winter weather, and area stakeholders that are most important
to provide input.
Task 1.1—Kickoff Meeting. Consultant will organize a Kickoff Meeting within two (2) weeks of
Notice to Proceed. It is anticipated that this meeting can occur in both an in-person format and
allow for online meeting access from our LCSC and IAP team members. Consultant will discuss the
overall project schedule and expectations for the City in terms of review times, format of comments,
and publication of public input notices on websites, social media, etc. Consultant and City will
identify local citizens or stakeholders who can provide input on the overall experience of people
with disabilities in the McCall and greater Valley County area. Consultant will meet with the City
attorney to determine specific legal counsel needs from Ertz Johnson, LLP.
The kickoff meeting includes a discussion on use of People First language and expectations and for
document and public input format to ensure accessibility. Upon completion of the inside meeting,
Consultant and City will tour a selection of McCall facilities with staff to examine the overall
condition of these facilities. This helps us provide more in-depth input to the team of student
assistants to prepare them for conducting the field inventory in Task 2.
Task 1.2—Compile GIS Data. The City provides the Consultant with basemaps for use in the
online database and inventory. The initial online maps will be housed on the LCSC server to allow
for easy transition of data. Once complete, the files are migrated to the City’s servers. The following
GIS shapefiles are recommended, if available:
City and Area of Impact limits.
Street centerline files, with existing sidewalk/pathway data.
Facility locations, including parks, pathways, museum, public docks, etc.
Major destinations, such as food outlets, healthcare, etc.
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Task 1.3—Compile Policies & Design Standards. Consultant will work with the City to identify
the appropriate policies and design standards to begin reviewing them for compliance and impacts
on compliance. This includes review of the existing Grievance procedures, Code of Ordinances, and
accessible meeting and information policies.
On the design side, Consultant will compile and review any City-specific design standards, Building
Regulations, and Idaho Standards for Public Works Construction (ISPWC), including any City-
specific supplements to ISPWC. This includes design plans for any recent buildings and street
projects to help understand how well existing policies and standards have translated to in-the-field
applications.
Task 1.4– Document Task 1 Findings. Throughout Task 1 Consultant will document the process,
purpose of the plan, context-specific features, and baseline conditions for use in the plan document.
The results of this summary are included as draft plan chapters that are part of Working Paper #1.
For Task 1, findings become part of Transition Plan chapters, such as Introduction & Purpose,
Local Context, Policies & Standards Summary, and Public Involvement.
Approximate Schedule: June 2022 – July 2022
Key Deliverables:
GIS Baseline Maps
Assess policies, standards, and recent projects
Document Task 1 findings
Task 2: Connect
The Connect Task is just that: It’s where the Consultant begins to not only connect with the people
of McCall, but also to the built environment that exists within public facilities and streets to satisfy
Self-Assessment requirements.
2.1 Field Inventory. Based on the list of facilities, square footage, and miles of streets and pathways
below Consultant will fully complete the inventory of these facilities. City will provide ArcGIS files
of building and public right of way locations.
Dr. Jenni Light will lead three student assistants conducting the detailed field inventory. They will
organize the ADA building and street inventory attributes into a Survey123 app that links to ArcGIS
software.
The student assistants will complete the field inventory in two separate trips to McCall. The team’s
personal contacts have allowed them to stay in the McCall area without having lodging costs, which
helps us devote even more resources to the on-the-ground inventory. Basemapping from Task 1 will
lead the team in their approach to the field inventory and identifying initial priorities. IAP will
provide input to the inventory methods.
Facilities:
City Hall Campus Facilities:
City Hall - 216 E Park Street - 2 stories 4025 sf each
Library - 218 E Park Street - 4223 sf – to be remodeled and expanded in 2022-2025
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o Consultant will review design drawings of remodel and expansion, if available.
Senior Citizen Building - 705 First Street - 4131 sf
McCall Police Department (leased space) - 550 E Deinhard Ste B - 11540 sf
Public Works Facilities:
Public Works - City Shop - 815 N Samson Trail - 5600 sf
Truck Storage 8 Bays - 4680 sf
2 Bay Truck Storage #3 - 1248 sf
Water Dept Storage #4 - 350 sf
Sign Storage - 180 sf
Water Treatment Plant and Equipment - 1240 Bitterroot Dr McCall - 15877 sf
Airport Facilities:
Unit 101 Airport Offices/Storage - 336 Deinhard 1st floor = 1800sf - 2nd floor = 800sf
Unit 100 Office/restrooms/Equipment Storage - 3819 sf
Golf Course Facilities:
Description: Golf Course Club House - 925 Fairway Drive 2 stories total - 10218 sf
Ball Shack - 80 sf
Snack Shack - 42 sf
Maintenance Shop and Storage - 924 Fairway Dr - 1000 sf
Storage (Old Shop/Wash station) - 1125 sf
Cart Storage Shop and 2 additional storage Buildings- 900 Reedy Ln - 180 sf
Cedar Course - 223 Meadow Lake Ct - 80 sf
Historical Museum Facilities site:
Fire Warden House - 1001 State Street 2 stories total - 4598 sf
Assistant Warden House - 2466 sf
Crew Quarters/Garage Bldg 1- 3284 sf
Machine Shop (Museum) Bldg 4- 1360 sf
Restrooms Bldg 5 -330 sf
10 Bay Garage Bldg 6 - 2500 sf
Carpenter Shop Bldg 7 - 4598 sf
Parks Restrooms:
Browns Park Restroom - 1500 E Lake St - 330 sf
Gold Glove Park Restroom - 925 Fairway Drive - 330 sf
Legacy Park Restrooms 3 - 1120 E Lake St - 900-1000 sf
Boat Launch Parking Lot Restrooms –1209 Mill St. - 338 sf
Rotary Park Restrooms - 333 W Lake St - 400 sf
Veterans Park (Jail, Museum) - 900 N 3rd Street - 375 sf
Harshman Skateboard Park / Restroom - 128 Idaho St - 330 SF
Art Roberts Park/Restroom - 327 E Lake St., McCall, ID. 83638 200 sf
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City park and recreation facilities:
Parking lots, sidewalks, multi-use paths, docks, beaches, and bathrooms at public parks
including Art Roberts Park, Brown Park, Centennial Plaza, Davis Beach, Disc Golf Course
Nature Area, Gold Glove Park, Harshman Skate Park & McCall Skills Pump Park, Legacy
Park, Riverfront Park, Roosevelt Pocket Park, Rotary Park, Veteran’s Memorial Community
Park, Wildhorse Park, and other outdoor recreation facilities owned by the City.
Public sidewalks, walkways, and paths:
Paths of travel, curb ramps, and marked crossings on the estimated 100 miles of sidewalks,
walkways, and paths within the City’s right-of-way.
2.2 City & Stakeholder Interviews. Concurrent with the field inventory, the Consultant will
conduct interviews of City staff, City Committee members, and stakeholders to capture how existing
programs and services are made accessible and how the City responds to requests. The stakeholder
interviews help up obtain input on other challenges that may not emerge from broader public input.
There will be up to 12 interview sessions of approximately one-hour in length, which may occur in-
person or by online meeting.
2.3 Public Input. Consultant will organize an online survey to gather additional input and location-
specific needs. Consultant will organize public input through two scheduled listening sessions (one
daytime, one evening) in McCall. The City, with support from IAP, secures ASL Interpretation
services for individual input, as needed. The location and date(s) are determined in the Task 1
kickoff meeting. The City will provide transportation services if an individual makes such a request
in order to attend listening sessions.
2.4 Working Paper #1. The results of tasks 1 and 2 are compiled into a draft Working Paper
consisting of the first three or four chapters of the ADA Transition Plan. This version sets the
design of the document and will serve as a first test of the document’s accessibility. Consultant will
provide the draft Working Paper to the City for review and suggested edits.
Approximate Schedule: June 2022 – August 2022
Key Deliverables:
o Field inventory of facilities & public right-of-way
o Interview with City staff
o Survey and focus groups
o Working Paper #1
Task 3: Focus
The Focus Phase is where we devote time to developing the detailed information for the ADA
Transition Plan. It is the most technical phase of the project as it involves compiling data, identifying
priorities, and developing cost estimates to transition McCall’s facilities into compliance.
3.1 Summarize Field Inventory Data. Consultant will compile the results of Task 2’s field
inventory into GIS-based heat maps for public right-of-way and identification of facility-specific
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needs for other locations. This data is organized into summary tables to provide an order of
magnitude perspective on the state of the system.
From this there is overall data on the system’s state, such as how many curb ramps are needed, how
many linear feet of sidewalks need to be upgraded or added, how many parking spaces, water
fountains, and restrooms require upgrades.
3.2 Priority Improvements. The order of magnitude needs from 3.1 are sorted into priority tiers
based on the Defining Priorities Levels (4 total) identified for the plan. From this there is a known
set of City needs in each level for public right of way and facilities. Consultant will supplement the
ordering of improvements with an examination of intangibles, such as partnerships and agreements
needed to construct sidewalks along SH-55.
Once compiled, Consultant will work with the City staff to conduct a “smell test” on the results to
ensure they make sense and account for proper context before moving the project into the
remaining Task 3 subtasks.
3.3 Cost Estimates. Consultant will work with the City and contact other agencies to obtain
planning-level cost estimates for specific improvements that can be applied to the order of
magnitude and priority tier data. Cost estimates will focus more on Level 1 and 2 needs, assuming
these represent the maximum capacity of the City to address them in a 10– to 20-year timeframe.
3.4 Program & Services Recommendations. To accompany facility needs Consultant will identify
changes needed in existing policies, programs, and services to ensure accessibility. For things like the
Code of Ordinances, Consultant will identify specific code sections in need of updating. For things
like snow management and sidewalks, Consultant will identify ADA requirements, as well as best
practices for the City to prioritize routes for snow clearance instead of feeling like the entire system
must be cleared by City crews.
3.5 Working Paper #2. The results of this task are substantial and compiled into the second
working paper for the City to review. Chapters include a summary of the field inventory data and
associated maps, priority improvements and cost estimates, and program/service recommendations.
Schedule: July 2022 – Oct 2022
Key Deliverables:
o Field inventory maps, hot spots, priorities
o Cost estimates for overall and top-tier priorities
o Recommendations
o Working Paper #2
Task 4: Implement
In the Implement Task we package the input from previous tasks, including Working Papers #1 and
2, into the draft and final plan for review and approval by the City. Once complete, all materials
become property of the City and we transmit all PDF documents, images, and GIS files for
continued use and reference.
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
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4.1 Draft Recommendations. Consultant will summarize Task 3 results into a chapter of specific
recommendations. This includes efforts such as annual investment program amounts to achieve a
compliant system, expectations for policy updates within a specified timeframe, methods for
developing an annual report, and needs for updating the grievance process and standard drawings, if
applicable. This section identifies external partners and outside funding opportunities that may help
McCall achieve compliance.
The case law on ADA recognizes all ADA requirements sometimes cannot be fully addressed in
project design. Consultant will develop policies for documenting design exceptions and forms for
City staff or consultants to complete and put in the project files so there is a logical sequence of
decision-making to achieve maximum feasible accessibility. By documenting these exceptions, the
City shows decisions were made with informed intent and that helps shield the City from liability.
4.2 Workshop Training. Consultant will develop a one-day training for City staff to relate its
findings to the overall vision, mission, and goals of the City and their individual departments. This
helps gain more universal buy-in, encourages creativity and collaboration in addressing accessibility
needs, and build technical knowledge of what it means to make facilities and street system accessible
for all users, of all ages and abilities, at all times.
Consultant will lead this one-day training course and cover the findings of the plan, facilitate group
exercises for them to define what it means for their departments, and conduct in-the-field tours of
select facilities and streets.
4.3 Public Input. The draft plan and associated recommendations undergo a final round of public
input, using the contacts from the first round of input. Where needed, Consultant will present the
plan to individual groups and organizations. If the need for final adjustments arises from this input,
Consultant will update the draft plan with input from the City.
4.4. Final Plan & Presentation. The draft plan is adjusted from these Task 4 inputs and presented
to the City for adoption. Consultant will present to the City Council and Planning & Zoning
Commission (if applicable). During the kickoff meeting Consultant and City will discuss organizing a
joint session of other City committees and which ones are interested in making a specific
recommendation for adoption to the City Council.
The final plan document is formatted for screen readers and other accessibility needs. All maps,
images, and associated data become property of the City of McCall upon project completion.
Schedule: Oct 2022 – Jan 2023
Key Deliverables:
o Draft & Final Plan
o Workshop Training & final public input
o Presentation(s)
DocuSign Envelope ID: 2F0192CA-97CB-46C0-9B4D-D23D1EA5A677
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
VITRUVIAN PLANNING LLC—Page 17 of 20
Consultant Fee:
The table below reflects the estimated hours, allocated by task, to complete the project for an
amount no greater than $65,000. The hours listed below for each task are for project administration
purposes. Actual hours dedicated to each task may vary by task, sub-task, consultant, and sub-
consultant. Consultant reserves the right to reallocate hours among tasks and subconsultants based
on needs and realities that arise during the project in order to complete the tasks outlined previously.
Therefore, actual invoicing may not reflect the detailed task-by-task hour allocations shown below.
D. Kostelec -
Vitruvial
C. Danley -
Vitruvian J. Light Students IAP
Task $ 130/hr $ 130/hr $ 50/hr $ 30/hr $125/hr
1. Discover 14 8 4 12 4 42
1.1 Kickoff Meeting 4 4 2 2 2
1.2 Compile GIS Data 2 2 10
1.3 Compile Policy/ Standards 2 2 2
1.4 Document Task 1 6 2
2. Connect 66 42 8 290 28 434
2.1 Field Inventory 8 8 8 290 8
2.2. City/Stakeholder Interviews 18 12 12
2.3 Public Input 22 14 6
2.4 Working Paper #1 18 8 2
3. Focus 96 42 6 40 10 194
3.1 Summarize Field Inventory 36 12 6 40 4
3.2 Priority Investments 30 16
3.4 Program/Svcs Recommendations 10 6 4
3.5 Working Paper #2 20 8 2
4. Implement 32 18 2 0 20 72
4.1 Draft Recommendations 10 2
4.2 Workshop Training 8 8 10
4.3 Public Input 4 4 6
4.4. Final Plan & Presentation 10 4 2 4
Project Management 16 6 22
Total Hours 224 116 20 342 62 764
Total Labor Cost $ 29,120 $ 15,080 $ 1,000 $10,260 $ 7,750 $ 63,210
Direct Costs $ 1,790
Total Cost $ 65,000
DocuSign Envelope ID: 2F0192CA-97CB-46C0-9B4D-D23D1EA5A677
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
VITRUVIAN PLANNING LLC—Page 18 of 20
EXHIBIT B
INSURANCE
A. Contractor, at its sole expense, shall procure and maintain in full force and effect insurance
written by an insurance company or companies with AM Best’s rating(s) of A VIII or
better. All insurance companies must be authorized to do business in the State of Idaho.
By requiring insurance herein, City does not represent that coverage and limits are
necessarily adequate to protect Contractor, and such coverage and limits shall not be
deemed as a limitation on Contractor’s liability under the indemnities granted to City in
this Agreement.
B. Certificates of Insurance evidencing the coverages required herein shall be provided to
City prior to the start date of the Services. All certificates must be signed by an authorized
representative of Contractor’s Insurance carrier. Renewal certificates must be provided to
City a minimum of five (5) days prior to the effective date of the renewal.
C. Certificates shall be mailed or email to:
City of McCall
Attn: BessieJo Wagner
216 E. Park Street
McCall, Idaho 83638
bwagner@mccall.id.us
D. Certificates must evidence the following minimum coverages:
1. WORKERS’ COMPENSATION insurance meeting the statutory requirements of
the State of Idaho, if applicable.
2. EMPLOYERS’ LIABILITY insurance, if applicable, providing limits of liability in
the following amounts:
Bodily Injury by Accident: $100,000 each accident
Bodily Injury by Disease: $500,000 policy limit
Bodily Injury by Disease: $100,000 each employee
3. COMMERCIAL GENERAL LIABILITY insurance, if applicable, providing limits
of liability in the following amounts:
General Aggregate: $2,000,000
Product/Completed Operations Aggregate: $2,000,000
Personal & Advertising Injury Liability: $1,000,000
Per Occurrence: $1,000,000
The Commercial General Liability (“CGL”) insurance policy shall be written on an
Occurrence” form and shall cover liability arising from premises, operations,
independent contractors, products, completed operations, personal injury,
advertising injury, and liability assumed under an insured contract (including tort
liability of another assumed in a contract). City and its elected officials, agents,
DocuSign Envelope ID: 2F0192CA-97CB-46C0-9B4D-D23D1EA5A677
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
VITRUVIAN PLANNING LLC—Page 19 of 20
employees, successors and assigns shall be included as Additional Insureds under the
CGL using ISO endorsement CG 20 10. The Additional Insured endorsement CG
20 10, or its equivalent, must be provided with the certificate of insurance.
4. BUSINESS AUTOMOBILE LIABILITY insurance providing bodily injury and
property damage liability coverage for not less than $1,000,000 each accident limit.
Business Automobile Liability insurance shall be written on a standard ISO policy
form, or an equivalent form, providing coverage for liability arising out of owned,
hired, or non-owned vehicles in connection with this agreement.
5. PROFESSIONAL LIABILITY insurance with limits of not less than $1,000,000 per
claim and $1,000,000 aggregate. If the insurance required by this section is obtained
through a “Claims Made” policy, this coverage or its replacement shall have a
retroactive date of no later than the inception of this Agreement. Such insurance or
its replacement shall also provide a minimum of five (5) years extended reporting
coverage, or the maximum time under the State of Idaho statute of limitations for
claims under this coverage, whichever is greater, after the Services are last provided
under this Agreement.
E. Contractor shall name City as an additional insured to each policy, except Worker’s
Compensation, Professional Liability, and Employer’s Liability.
F. The Worker’s Compensation, Professional Liability, and Commercial General Liability
insurance policies carried by Contractor pursuant to this Agreement shall include an
endorsement expressly waiving any right of subrogation on the part of the insurer against
City and its elected officials, agents, employees, successors and assigns. Contractor shall
pay any additional costs or charges for obtaining such waiver. A copy of the waiver of
subrogation endorsement shall accompany the certificate(s) of insurance.
G. Contractor shall keep the insurance policy in effect as long as the Agreement is in effect.
H. Contractor shall notify or require insurer to notify City at least fifteen (15) days prior to
cancellation, non-renewal, or limitation in scope or coverage of Contractor’s policy.
I. In addition to any other remedies that City may have if Contractor fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may:
1. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement,
2. Order Contractor to stop work under this Agreement and/or withhold any
payment(s) that become due to Contractor hereunder until Contractor
demonstrates compliance with the insurance requirements herein, or
3. Terminate this Agreement.
DocuSign Envelope ID: 2F0192CA-97CB-46C0-9B4D-D23D1EA5A677
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF McCALL AND
VITRUVIAN PLANNING LLC—Page 20 of 20
Exercise of any of the above remedies is an alternative to other remedies that City may
have and is not the exclusive remedy for Contractor’s failure to maintain insurance or
secure the appropriate endorsements.
J. Nothing herein shall be construed as limiting, in any way, the extent to which Contractor
may be held responsible for payments of damages to persons or property from
Contractor’s, or its subcontractor’s, performance of the work covered under this
Agreement.
DocuSign Envelope ID: 2F0192CA-97CB-46C0-9B4D-D23D1EA5A677
06/22/2022
Christensen & Associates
PO Box 5538
Boise, ID 83705
Vickie Yandre
208-345-6852 208-384-1612
vickie@bcins-id.com
00021241-688641 24
VITRUVIAN PLANNING, LLC
2903 E GLOUCESTER STREET
BOISE, ID 83706
Acuity 14184
A Y Z81637 09/12/2021 09/12/2022X
X
X
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
Travelers Property Casualty Company of America 19046
B BA9N9599952142 09/09/2021 09/09/2022
X
X X
1,000,000
SIF 36129
C 666503 06/01/2022 06/01/2023 X
100,000
100,000
500,000
Ace American Insurance Company
D EONIDF150949162-003 09/09/2021 09/09/2022ProfessionalLiab Each Claim $1,000,000
Additional Insured: City of McCall Per CB-7034 (7/13) endorsement to follow.
City of McCall
Attn: BessieJo Wagner
216 E Park Street
McCall, ID 83638
VYA)
Printed by VYA on 06/22/2022 at 09:24AM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-
POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE