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AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE JACKSON STREET PARKING LOT RECONSTRUCTION DESIGN THIS AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE JACKSON STREET PARKING LOT RECONSTRUCTION DESIGN (hereinafter "Agreement"), is made and entered into this day of M Cl 2012, by and between the City of Moscow, Idaho, a municipal corporation of the tate of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"), and Hodge & Associates, Inc., 405 South Washington Street, Moscow, Idaho, 83843 (hereinafter referred to as "ENGINEER"). W I T N E S S E T H : WHEREAS, CITY desires to affect improvements to the Jackson Street Parking Lot, to include excavation, grading, paving, storm drain structures and line adjustments, landscaping, sidewalk, curbing, ADA compliant pedestrian facilities, and pavement marking (hereinafter "PROJECT"); and WHEREAS, CITY Public Works Department has selected the above-referenced ENGINEER to complete the Scope of Work identified herein; and WHEREAS, ENGINEER has prepared the Scope of Work which is incorporated into this Agreement; and WHEREAS, CITY wishes ENGINEER to complete the Scope of Work pursuant to this Agreement; NOW, THEREFORE, be it agreed that for and in consideration of the mutual covenants and promises between the parties hereto, that: SECTION I: SCOPE OF WORK ENGINEER Deliverables ENGINEER shall be responsible for the design, construction surveying, and some limited construction consultation on the PROJECT. ENGINEER shall gather all necessary field data to develop a base map of the PROJECT area. A. 1. Design. a. ENGINEER shall develop all documents necessary for the reconstruction of the Jackson Street Parking Lot pursuant to statutory requirements for public bidding of Idaho Public Works Construction Projects. Design documents shall include the following: PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. PAGE I OF6 ---PAGE BREAK--- Construction drawings 1. Title Sheet ii. Grading/Erosion and Sediment Control Sheet iii. Layout Sheets IV. Detail Sheet v. Landscape Plan v1. Irrigation Plan vii. Traffic Control Plan b. Construction Specifications (utilizing CITY standards with Special Provisions) c. ENGINEER's Construction Estimate d. Furnish one ( 1) stamped set of final approved construction plans 2. Design Meetings. ENGINEER shall meet with CITY staff on at least two separate occasions to review the design documents. The first review shall be prior to beginning design. The second review shall be after preliminary plans and specifications are prepared. Additionally, ENGINEER shall facilitate a meeting with the franchise utility companies and CITY to address any possible design conflicts with the utilities. B. Design and Construction Surveying 1 . ENGINEER shall perform all design and construction surveying for a fixed amount as set out in Section II.B.2. 2. ENGINEER shall perform all design and construction surveying for a fixed amount to be paid ENGINEER by CITY. Such design and construction surveying shall include establishment of a topographic survey and base mapping; laying out and setting construction stakes and marks needed to establish the lines, grades, slopes, and cross sections for the construction contract. C. Limited construction consultation. 1. ENGINEER shall perform limited construction consultation including remammg available to answer questions and make interpretations of plans during construction phase of the PROJECTS. 2. ENGINEER will be available to respond to questions during construction. D. CITY Deliverables 1. CITY shall provide to ENGINEER, in relationship to the PROJECT, all necessary documents, permits, permissions, and authorities to complete the PROJECT as described. 2. CITY shall sign off on final documents, after approval by CITY Public Works Director. PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. PAGE20F6 ---PAGE BREAK--- 3. CITY shall cause the PROJECT to be bid. It will also administer the PROJECT and inspect all construction work. 4. CITY shall cause the ENGINEER to prepare "as-built" drawings. SECTION II: A. Independent Contractor The contracting parties warrant by their signature that no employer/employee relationship is established between ENGINEER and CITY by the terms of this Agreement. It is understood by the parties hereto that ENGINEER is an independent contractor and as such neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. B. Fees and Conditions for Engineering Services 1. Payment for all services described in this Agreement is provided in accordance with the cost described in the following Section II.B.2. 2. The cost for engineering services for PROJECT as described in Section I, Scope of Work, is a not-to-exceed fee of twenty five thousand nine hundred sixty five dollars ($25,965) with payment based on Exhibit Scope of Work, which shall include all fixed fees (profit), overhead, and direct costs. 3. Bills submitted to CITY by ENGINEER shall list individual performing work and description of work performed. Bills shall be submitted on a basis to CITY Engineer for approval and payment. 4. Payment is due upon receipt of ENGINEER's statement(s). 5. Payment of the not-to-exceed amount of twenty five thousand nine hundred sixty five dollars ($25,965). 6. CITY and ENGINEER may mutually agree to re-allocate task funding, providing the "not to exceed price" described in Section II.B.2. is unchanged. SECTION III: A. Termination of Agreement This Agreement may be terminated by ENGINEER upon thirty (30) days written notice, should CITY fail to substantially perform in accordance with its terms through no fault of ENGINEER. CITY may terminate this Agreement with thirty (30) days notice without cause and without further liability to ENGINEER except as designated by this section. In the event of termination, ENGINEER shall be paid for services performed to termination date, including direct expense and including a percentage of the fixed fee based upon the work completed. All working Drawings shall become the property of, and shall be surrendered to, CITY. B. Extent of Agreement This Agreement may be amended only by written instrument signed by both parties hereto. C. Data of Record PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. PAGE30F6 ---PAGE BREAK--- CITY shall make available to ENGINEER all technical data of record in CITY's possession, including maps, surveys, borings and other information described in Section I. B. to ENGINEER supporting this PROJECT. D. Qualified Estimates of Cost The estimates of cost for PROJECT herein are to be prepared by ENGINEER through exercise of their experience and judgment in applying presently available cost data; but it is recognized that ENGINEER has no control over cost of labor and materials, or over competitive bidding procedures and market conditions so that they cannot warrant PROJECT construction costs will not vary from their cost estimates as a result of these described factors. Nothing in this paragraph shall serve to release or relieve ENGINEER from exercising the skill, care, and professional judgment exercised by similarly situated profession engineers. E. Termination of PROJECT If any portion of PROJECT covered by this Agreement shall be suspended, abated, abandoned or terminated, CITY shall pay ENGINEER for the services rendered to the date of such suspended, abated, abandoned or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. F. ENGINEER's Errors and Omissions Insurance In performance of professional services, ENGINEER will use that degree of care and skill ordinarily exercised under similar circumstances by members of the engineering profession; and no other warranty, either expressed or implied, is made in connection with rendering ENGINEER's services. Should ENGINEER or any of ENGINEER's agents or employees be found to have been negligent in the performance of professional services from which CITY sustains damage, ENGINEER has obtained Errors and Omissions Insurance in the amount of Five Hundred Thousand Dollars ($500,000), and said insurance shall be held active for a two year (minimum) period from the date of completion of PROJECT. CITY shall receive notice of any pending termination of said insurance within five days of first notice to ENGINEER. G. ENGINEER's Additional Insurance ENGINEER shall maintain Automobile Insurance and Statutory Workmen's Compensation Insurance coverage, Employer's Liability, and Comprehensive General Liability Insurance coverage. The Comprehensive General Liability Insurance shall have a minimum limit of Five Hundred Thousand Dollars ($500,000) per claim and One Million Dollars ,000,000) aggregate, and ENGINEER shall cause CITY to be named as an additional insured under said policy. H. Indemnification ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold harmless CITY against damages, liabilities and costs arising from the negligent acts of ENGINEER in the performance of professional services under this Agreement, to the extent that ENGINEER is responsible for such damages, liabilities and costs on a comparative basis of PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. PAGE40F6 ---PAGE BREAK--- fault and responsibility between ENGINEER and CITY. ENGINEER shall not be obligated to indemnify CITY for CITY's sole negligence. I. Costs and Attorney Fees In the event either patty incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. J. Jurisdiction and Venue It is agreed that this Agreement shall be constmed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. K. Binding of Successors CITY and ENGINEER each bind themselves, their partners, successors, assigns and legal representatives to the other parties to this Agreement and to the partner, successors, assigns and legal representatives of such other parties with respect to all covenants of this Agreement. L. Modification and Assignability of Agreement This Agreement contains the ¯ntire agreement between the parties concerning PROJECT, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This Agreement may not be enlarged, modified, or altered except upon written agreement signed by the parties hereto. ENGINEER may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of CITY. Any such subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. M. CITY'S Representatives CITY shall designate a representative authorized to act in behalf of CITY. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. N. Conflict of Interest ENGINEER covenants that they presently have no interest and will not acquire any interest, direct or indirect, in PROJECT which would conflict in any manner or degree with the performance of services hereunder. ENGINEER further covenants that, in performing this Agreement, they will employ no person who has any such interest. 0. Ownership and Publication of Materials. All reports, information, data and other materials prepared by ENGINEER pursuant to this Agreement shall be the property of CITY, which shall have the exclusive and unrestricted authority to release, publish, or otherwise use them, in whole or in part. All such materials developed under this Agreement shall not be subject to copyright or patent in the United PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. PAGES OF6 ---PAGE BREAK--- States or in any other country without the prior written approval and express authorization of CITY. P. Non-discrimination. ENGINEER shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. ENGINEER CITY Hodge & Associates, Inc. City of Moscow, Idaho By d Scott Becker, Principal DATED thislct'day of M , 201®. STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT On this ltz day of !lar:/ / , 2012, before me, a Notary Public in and for said State, appeared Scott Beckelknown to me to be the person named above and acknowledged that he executed the foregoing document as the Principal and the duly authorized representative for Hodge & Associates, Inc. PROFESSIONAL SERVICES AGREEMENT- HODGE & ASSOC. . < Nblic for theStateOfidahO Residing at =7fz My commission e ire J2./22. 1 r T' PAGE 6 OF6 ---PAGE BREAK--- Jackson Street Parking Lot Reconstruction Deliverables EXHIBIT Hodge & Associate, Inc. will develop all documents necessary to reconstruct Jackson Street Parking Lot under the requirements for public bidding of construction projects. These documents will include the following: 1. Construction drawings a. Title Sheet b. Grading/Erosion and Sediment Control Sheet c. Layout Sheets d. Detail Sheets e. Landscape Plan f. Irrigation Plan g. Traffic Control Plan 2. Construction Specifications (Use City standards with Special Provisions) 3. Engineer's Construction Estimate 4. Furnish one stamped set of final approved construction plans to the City H & A will meet with the city staff on at least two separate occasions to review the design documents. The first will be prior to beginning design. The second will be after preliminary plans and specifications are prepared. Additionally H & A will meet with the franchise utility companies to address any possible design conflicts with the utilities. The City will sign off on final documents. The City of Moscow will cause the project to be bid. It will also administer the project and inspect all construction work. The city will prepare or cause the contractor to prepare "as built" drawings. H & A will be available to respond to questions during construction. Proposed Fees: Topographic Survey and Base Mapping . . . . . . . . . . . . . . . . . . . . $ 4,275.00 Preliminary Engineering Design (60% complete) $10,302.00 Final Design and Construction Documents $ 6,868.00 Construction Staking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4, 160.00 Construction Consultation $ 360.00 Total: $25,965.00 Prepared by Hodge & Associates, Inc. 03-20-2012 I ---PAGE BREAK--- MINUTES CITY OF MOSCOW CITY COUNCIL REGULAR MEETING May 7, 2012 Mayor Chaney called the meeting to order at 7:00p.m. Present: Dan Carscallen, Tim Brown, Wayne Krauss, Tom Lamar, Sue Scott, Walter Steed Nancy Chaney, Mayor Staff: Gary Riedner, City Supervisor Randy Fife, City Attorney Bill Belknap, Community Development Director Les MacDonald, Public Works Director Dwight Curtis, Parks and Recreation Director David Duke, Police Chief Alisa Stone, Grants Manager Mike Ray, Planner II Stephanie Kalasz, City Clerk Carscallen moved to add item number 7, appeal of a taxi license from Mr. Rafael Giovanetti because it was inadvertently left off of the agenda. Krauss seconded the motion. Roll Call Vote: Ayes: Unanimous. RENEWING OUR FOCUS- Krauss said Moscow High School did something phenomenal. He invited five young people who put the project together to come up. Alaina Mullin introduced herself, Brenda Chavez, Caitlyn Faircloth, Skyler Martin and Sebastian Mortimor who organized the lipdub at the school. Mullin explained how the idea came about to do this project for Arts Fest. Chavez said they are seniors who put this together to unite the school and ignite school spirit. The whole school participated in the project. Faircloth said they were surprised about the excitement of the students and staff. It was a big idea and took a lot of organization. They were surprised about how much the project was supported by the community. The video was played. Chavez said there were two practices before for the people who were lip syncing and the rest of the school did it on one try. Krauss said the energy and enthusiasm was phenomenal On April 26t\ he sat on the jury for Logos School's mock trial. This is the second time he has been on the jury. He said it was an extremely complicated trial. They just finished the national competition and Logos School took 5th place. Logos had more points than anyone in the nation. He congratulated them. He said the spirit and quality of people in this community is great. He led the Pledge of Allegiance. National Pet Week Proclamation- Mayor Chaney Mayor Chaney read the National Pet Week Proclamation. 1. Consent Agenda: Any item will be removed from the consent agenda at the request of any member of the Council and that item will be considered separately later. Approval by roll call vote. A. Approval of April 16, 2012 Minutes- Stephanie Kalasz B. Rendezvous in the Park 2012: Approval Request for Beer-Wine Garden for East City Park - Dwight Curtis/Jennifer Ewers Moscow City Council Minutes May7, 2012 Page I of8 ---PAGE BREAK--- In accordance with Moscow City Code 5-13-4(B), Rendezvous in the Park is requesting that the City Council pass a Resolution allowing them to have a beer garden catered by a licensed vendor in East City Park for Rendezvous in the Park on July 19, 20 and 21, 2012, from 5:00 p.m. to 10:00 p.m. There will be food vendors, live music, and other activities at the event. As has been approved the past three years, the entire fenced off area will be designated as the beer garden to allow families to be together to watch the music festivities, as well as a secured internal alcohol dispensing area. There were no problems associated with this set-up. The Police Chief is supportive of Rendezvous in the Park providing its own security and the City Attorney has reviewed the enclosed documents. There have been no problems associated with alcohol at this event in the past. This item was reviewed by the Administrative Committee on April 23, and recommended for approval. ACTION: Approve request or direct staff as deemed appropriate. C. 1012 Alturas Drive Lot Division- Mike Ray Larry Leppelman is requesting a lot division for a 6,860 sq. ft. parcel of land currently addressed as 1012 Alturas Drive in the City of Moscow. Mr. Leppelman is proposing to establish two parcels of 3,293 sq. ft. and 3,567 sq. ft. from the original parcel. The purpose for the proposed lot division is to accommodate a twinhome that is being built on the parcel. The parcel is located within the R-4 Zone where the minimum lot width for twinhomes is 25 ft. and the minimum lot area is 2,250 sq. ft. The two proposed parcels will meet all zoning requirements for twinhome parcels located in the R-4 Zone. In accordance with City of Moscow requirements, property owners within 600 ft. of the property have been notified of the proposed division and the site has been posted seven days prior to the meeting date. This was reviewed and recommended for approval by the Public Works/Finance Committee on April 23, 2012. ACTION: Approve the lot division request with no conditions. D. State/Local Agreement- Mountain View Road Reconstruction - Alisa Stone/Kevin Lilly The Idaho Transportation Department (lTD), through the Local Highway Technical Assistance Council (LHTAC) has funded a federal-aid project to design and reconstruct Mountain View Road from the Latah County Fairgrounds to 6th Street. The project will transform the existing 24 foot wide, two lane rural section into a 36' wide, two lane urban road section with bicycle lanes, tum lanes (where warranted), storm drainage improvements, illumination upgrade, curbs, gutters, sidewalks and tree lawns. The design process will include consideration of a roundabout at the intersection of 6th Street and Mountain View. This improvement will connect widening work and bike/pedestrian improvements previously done on both ends of the project, resulting in a consistent roadway section for the busiest 1.2 miles of the arterial. Access to the federal-aid funds requires the execution of a "State/Local Agreement" outlining the responsibilities of the City of Moscow, LHTAC and lTD. It is the standard lTD agreement for this purpose and has been reviewed and approved by the City Attorney. Also attached is a Resolution certifying approval of the project and authorizing the Mayor and City Clerk to execute the agreement on behalf of the City. The consultant procurement process cannot begin until the agreement is executed. The project was funded in the amount of $2,348,000 which consists of $2,175,657 federal share (92.66%) and $172,343 local cash match The lTD and LHTAC require a payment of $10,000 to accompany the agreement, which is intended to cover the cost of their administration and oversight of the project. The $10,000 will be credited toward our local match commitment. Design funds for the project are available in FY 2012, and Right-of-Way funding is currently programmed for FY 2016. The LHTAC has not yet established a construction year for the project. This was reviewed and recommended for approval by the Public Works/Finance Committee on April 23, 2012. Moscow City Council Minutes May7,2012 Page2 of8 ---PAGE BREAK--- ACTION: Approve acceptance of grant funding and execute the State/Local Agreement and Resolution 2012-07 for the Mountain View Road Reconstruction. E. South Jacl