The URL can be used to link to this page

Home My WebLink AboutCONSULTING AGREEMENT 5.01.2007 - 08-00292 - Comprehensive Plan - 2020 AdoptionTransmittal p,m7-02o Rexburg Plan and Code Update\Project Administration\Contract and Fee\B07-020 Transmittal for CA between Owner and Archdect.dw RE: Consulting Agreement City of Rexburg Comprehensive Plan Update and Zoning and Subdivision Ordinance Update CRSA Project No. B07-020 Date: May 24, 2007 To: Gary Likeness 14 North Center Street Rexburg, ID 83440 From: Penny Phillips Project Assistant Attachment: Two (2) original Consulting Agreements for City of Rexburg Comprehensive Plan Update and Zoning and Subdivision Ordinance Update Please sign both original Consulting Agreements. After signatories are complete, return one fully executed, original Agreement to our office and retain the other for your records. Should you have any questions, please telephone me. Sincerely, COOPER ROOBB41:= ERTS SIMONSEN ASSOCIATES, INC. I r Ilips Project A sistant tele (direct line) 746-6824 700 NORTH 200 WEST • SALT LAKE CITY, UTAH 84103 PHONE (80 1) 355-5915 • FAX (8o 1) 355-9885 - www.crsarchitects.com CONSULTING AGREEMENT City of Rexburg Comprehensive Plan Update, and Zoning and Subdivision Ordinance Update This Consulting Agreement (Agreement) is entered into this I' day of May, 2007, by and between the City of Rexburg (Agency), an Idaho municipality, located at 12 N. Center St; Rexburg, Idaho 83440, and Cooper Roberts Simonsen Associates, PC, (Consultant) a planning consultant, located at 700 North 200 West, Salt Lake City, Utah 84103. WHEREAS, the Agency desires to engage the services of an independent contractor to develop and conduct a planning process for the Agency; and WHEREAS, the Agency desires Consultant to provide technical assistance services and Consultant desires to provide such services upon the terms and conditions as described below; NOW, THEREFORE, in consideration of the covenants and agreement herein set forth and of the mutual benefits accruing to the Agency and to the Consultant from the consulting relationship to be established between the parties by the terms of this Agreement, the Agency and Consultant agree as follows: 1. Consulting Relationship The Agency hereby retains Consultant, and Consultant hereby agrees to be retained by the Agency, as an independent contractor. 2. Consulting Services Consultant agrees that the scope of services to be performed under this Agreement is as follows: A. Consultant will perform the necessary tasks and generate the deliverables associated with the Scope of Work (Scope), attached hereto (Attachment A), with the level of skill, care and diligence associated with currently accepted professional planning standards for similar projects and circumstances and shall complete all tasks in accordance with the Scope. B. Consultant shall provide the necessary tools and equipment to perform its defined services under this Agreement. Incidental supplies and materials as well as Deliverables outlined in the Scope are included as part of the work. 3. Fees Compensation for the services performed under this Agreement throughout the term of the contract will be paid upon completion of specific project tasks as outlined in the Scope. The total fee for the work described shall not exceed $63,275 unless changes in work are arranged pursuant to paragraph 13 below. Billings for services provided by Consultant will be submitted to the Agency along with a progress report indicating the completion of tasks and/or deliverables for which time is being billed. Invoices submitted by Consultant will indicate what portion of Consulting Agreement—City of Rexburg and Cooper Roberts Simonsen Associates 1 of 4 31912007 each task and/or deliverables has been completed since the beginning of the project and what portion has been completed since the last billing. The amount paid will be for the percentage of the task completed since the last billing, applied to the total amount budgeted for that task and/or deliverables. Payment v nll be made to Consultant within 30 calendar days of receipt of an invoice. Time spent and services billed on each task and/or deliverable are presumed to be consistent with the allocation of hours and personnel delineated in the Scope. The Agency reserves the right to request ccountmg of the charges that will define by date, hours, and individual, the services performed, tasks, and/or deliverables accomplished. 4. Indemnification To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the Agency and its officers, agents, and employees against all claims, damages, losses including but not limited to attorneys' fees, arising out of or resulting from the performance of consulting services covered by this Agreement caused in whole or in part by any negligent or willful act or omission of Consultant, but not for claims arising from the Agency's sole negligence. 5. Insurance Consultant will (1) obtain and maintain: (a) worker's compensation insurance: statutory and employers liability, unless Consultant is a sole proprietorship; and (b) automobile insurance including personal injury liability coverage for all vehicles used for work performed under this agreement, including non -owned and hired automobiles; and (2) provide the Agency, upon request, with evidence of such insurance coverage. 6. Other Conditions The Agency, as project manager, shall provide Consultant with appropriate coordination to allow Consultant to perform its duties hereunder. 7. Commencement and Termination This Agreement shall become effective on the date first written above, and shall terminate upon contract completion. 8. Consultant Status In performing services under this Agreement, Consultant will be and remain an independent contractor with control over the manner in which Consultant performs such services. Consultant will be solely responsible and liable for compliance with all federal, state, and local laws and regulations in any way applicable to consultant's performance and/or receipt of fees under this Agreement. Consultant shall be solely responsible for all compensation of its personnel and will indemnify the Agency from any claim with respect thereto and from any state, federal, or local income or employment taxes required to be withheld with respect to Consultant or Consultant's employees. 9. The Aggncy's Liability The Agency's obligation and liability to Consultant, its heirs, assigns, or Consulting Agreement—City of Rexburg and Cooper Roberts Simonsen Associates 2 of 4 3/9/2007 representatives shall be strictly limited to: (a) providing supporting information and public notice as required for the Consultant to complete the services described in the Scope; and (b) making payment to Consultant of the Consultant's fee in conformance with Section 3 above. 10. Entire Agreement This Agreement and the documents incorporated herein constitute the complete agreement and supersede all prior agreements or understandings, written or oral, between the parties with respect to the subject matter hereof. This Agreement is for the benefit of the parties and is not intended to confer any right or remedy upon any other person. Excepting provisions of Section 3, above, no attempted modification, alteration, amendment or waiver of the provision hereof shall be binding on either party unless in writing and signed by both the Consultant and the Agency. 11. Assignability bility All of the terms, conditions, and provision hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors. This Agreement may not be assigned, in whole or in part, by either party without the prior written consent of the other Party. 12. Termination Either the Agency or the Consultant may terminate this Agreement by giving 30 days written notice to the other party. In such event, the Agency shall pay Consultant in full for all work authorized and performed prior to the effective date of termination. All work products begun or completed under this Agreement by the effective date of termination shall become the property of the Agency and shall be transferred to the possession of the Agency by the effective date of termination. Final invoices will be paid only after this transfer is complete. If no notice of termination is given, the Agreement shall be terminated upon completion of all Consultant's tasks and deliverables included as specified in the Scope. 13. Changes in Work Any changes in the scope of the services to be performed, the timing of delivery, the deliverables to be generated or in the total amount to be charged under this Agreement shall be in writing, mutually agreed to and signed by the parties, specifying any such changes, fee adjustments resulting there from, any adjustment in time of performance, or any other significant factors arising from the changes in the Scope. 14. Other expenses Other incidental expenses related to the completion of the project, such as copying, telephone, postage, reproductions, and travel within the geographic area, are included in the Scope. Any direct expenses beyond these incidental expenses, or other direct costs listed as Deliverables in the Scope, may be reimbursed by the Agency upon prior written agreement of both Parties. Consulting Agreement—City of Rexburg and Cooper Roberts Simonsen Associates 3 of 4 31912007 IN WITNESS WHEREOF, this Agreement has been executed by Consultant and the Agency effective from the day and year first written above. Agency: City of Rexburg, Idaho By: 4:-X13mA6 Its: ME} yok Consultant: Cooper Roberts Simonsen Associates Walla . Cooper Its: Principal/President And: Elizabeth Rontmo Its: Secretary RMo eI A. Scope of Work and Fee Schedule Consulting Agreement—City of Rexburg and Cooper Roberts Simonsen Associates 4 of 4 3/9/2007 Rexburg Comprehensive Plan and Development Code Update Task - Total Project Extended Cost Total Hours Percent of Total Project Budget Schedule StartlFlnish Phase is Scopina & Research Lindberg Company $0.00 Total Ei<enses $2;200.00 2.35% June -June Kick-off meeting included In Admin - mt . 1 $ - 0 Review Existing Code and Plan is 1,330 13 Labor$ 1,330 13 Phase I1: Public Involvement & Issue Identification 6.15% Jul -Jul Public Education Campaign and Noticing $ 760 8 Public Workshop $ 2,470 18 P&Z Commission Scoping included in Admin -mtg. 2 $ 0 Identify Code Holes and Gomp Plan Issues $ 8551 8 Labor $ 4,085 34 Phase III: Draft Comprehensive Plan Update 43.58% Jul - August Goals and Objectives $ 1,045 10 Land Use and Impact Areas $ 3,990 38 Tmns ortation $ 1,000 10 School Facilities and Transport $ 1,995 20 Economic Development $ 3,960 46 Natural Resources $ 1,045 10 Hazardous Materials $ 1,045 10 Public Services, Facilities, and Utilities IS 1,995 20 Palls and Recreation $ 1,045 10 Special Areas and Sites $ 95 1 Housing Analysis $ 3,960 46 Community Design $ 1,995 20 Labor $ 23,170 241 Phase IV: Draft Development Code Update 18.44% August - September Update Zoning Ordinance $ 5,615 51 U tlate Subdivision Ordinance $ 5,615 51 Pro ress re od meelin included in Admin - ml . 3 $ 0 Labor It 11,230 1 102 Phase V: Finalize Com . Plan and Devel. Code 3.07% October -October Presentation to Piz Commission inclulded in Admin - mt 4 $ - 0 Revisions to Com . Plan and Code $ 1,090 13 Document Pre aralion and Pnntin $ 260 4 Labor$ 1,350 17 Phase VI: Adoption Support 9.04% November - Presentation to P&Z Commission finclulded in Admin - mtg. 5 $ 0 Revisions to Code $ 675 8 Z included in Admin - mt . 6 $ - 0 Fnal Presenm mmision Presentation to City Council $ 21280 16 Revisions to Comp. Plan and Code $ 995 10 Final Presentation to City Council $ 2,280 16 Labor$ 6,230 50 Pro act Administration 17.36% ongoing Monthl Meelin s 6 mt s. $ 13,680 96 Labor [$ 13,680 Ii 96 100.00% Total Hourly Labor Fee $ 61,075 CRSA Other Direct Costs: CRSA $1,500.00 Fehr & Peers $350.00 LYRB $350.00 Lindberg Company $0.00 Total Ei<enses $2;200.00 Project Total $ 63,275