AGREEMENT 5-Year Master Plan Update Rundell Ernstberger ...

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AGREEMENT 5-Year Master Plan Update This agreement, made this ___ day of ___________ 20____ at West Lafayette, Indiana, by and between the Board of Public Works and Safety, on behalf of the West Lafayette Parks and Recreation Board, for the City of West Lafayette, Indiana (hereinafter referred to as the "City") and Rundell Ernstberger Associates, LLC (hereinafter referred to as the "Contractor"). WITNESSETH: That in consideration of the mutual covenants hereinafter set forth, the City and the Contractor agree as follows: Article 1: SCOPE OF WORK The Contractor shall furnish all labor and tools and equipment and do all things required to complete the 5-Year Master Plan Update for the Parks and Recreation Department, listed in Exhibit A. First draft of the plan will be delivered by December 15, 2021, with the final document delivered by March 31, 2022. Article 2: PAYMENT The City shall pay to the Contractor, in full and complete payment for all performance of the Contract not to exceed the sum of $50,000 (Fifty Thousand dollars and zero cents) with option of reimbursable fees up to two percent of total not-to-exceed amount. Article 3: CONTRACT DOCUMENTS The contract documents include this agreement, the General Conditions, Special Conditions, Materials Specifications, and the Contractor's certification of insurance, together with plans and any subsequent addenda. Said documents are hereby incorporated into and made a part of this agreement the same as if herein fully set forth. Article 4: SEVERANCE The intent of the parties is that this agreement be deemed entire in the sense that its purpose is to establish one price for the doing of the whole work, and that it be deemed severable in the sense that the voidance of any part or portion shall not void the remainder.

Transcript of AGREEMENT 5-Year Master Plan Update Rundell Ernstberger ...

AGREEMENT

5-Year Master Plan Update This agreement, made this ___ day of ___________ 20____ at West Lafayette, Indiana, by and between the Board of Public Works and Safety, on behalf of the West Lafayette Parks and Recreation Board, for the City of West Lafayette, Indiana (hereinafter referred to as the "City") and Rundell Ernstberger Associates, LLC (hereinafter referred to as the "Contractor"). WITNESSETH: That in consideration of the mutual covenants hereinafter set forth, the City and the Contractor agree as follows: Article 1: SCOPE OF WORK The Contractor shall furnish all labor and tools and equipment and do all things required to complete the 5-Year Master Plan Update for the Parks and Recreation Department, listed in Exhibit A. First draft of the plan will be delivered by December 15, 2021, with the final document delivered by March 31, 2022. Article 2: PAYMENT The City shall pay to the Contractor, in full and complete payment for all performance of the Contract not to exceed the sum of $50,000 (Fifty Thousand dollars and zero cents) with option of reimbursable fees up to two percent of total not-to-exceed amount. Article 3: CONTRACT DOCUMENTS

The contract documents include this agreement, the General Conditions, Special Conditions, Materials Specifications, and the Contractor's certification of insurance, together with plans and any subsequent addenda. Said documents are hereby incorporated into and made a part of this agreement the same as if herein fully set forth. Article 4: SEVERANCE The intent of the parties is that this agreement be deemed entire in the sense that its purpose is to establish one price for the doing of the whole work, and that it be deemed severable in the sense that the voidance of any part or portion shall not void the remainder.

It is understood and agreed that partial payments may be made for the mutual convenience of the City and Contractor but shall not be construed as the City's acceptance of a part or portion of the work. Acceptance is to only in the manner prescribed in the General Conditions.

Article 5: RECORDS

The Contractor will maintain proper records for review by the City.

Article 6: DATE OF COMPLETION

The Contractor agrees that he will have the work contained in this contract completed by March 31, 2022.

Article 7: PREVAILING PARTY – ATTORNEY FEES

Notwithstanding any term or condition in this Contract to the contrary, in the event litigation is commenced to enforce any term or condition of this Contract, the prevailing party shall be entitled to costs and expenses of litigation including a reasonable attorney fee.

Article 8: E-VERIFY – USCIS Form I-9

Contractor shall comply with the following:

a. Contractor certifies that it completes and maintains USCIS USCIS Form I-9 on allemployees.

b. Contractor and its subcontractors shall not knowingly employ or contract with anunauthorized alien or retain an employee or contract with a person that Contractor or itssubcontractors subsequently learns is an unauthorized alien. If Contractor violates thisSection 9(b), the City shall require Contractor to remedy the violation not later than thirty(30) days after the City notifies Contractor. If Contractor fails to remedy the violation withinthe thirty (30) day period, the City shall terminate the contract for breach of contract. If theCity terminates the contract, Contractor shall, in addition to any other contractualremedies, be liable to the City for actual damages. There is a rebuttable presumption thatContractor did not knowingly employ an unauthorized alien if Contractor verified the workeligibility status of the employee through the Program.

c. If Contractor employs or contracts with an unauthorized alien but the Citydetermines that terminating the contract would be detrimental to the public interest orpublic property, the City may allow the contract to remain in effect until the City procuresa new contractor.

d. Contractor shall, prior to performing any work, require each subcontractor to certifyto Contractor that the subcontractor does not knowingly employ or contract with anunauthorized alien and has enrolled in the Program. Contractor shall maintain on file acertification from each subcontractor throughout the duration of the Project. If Contractordetermines that a subcontractor is in violation of this Section 9(d), Contractor mayterminate its contract with the subcontractor for such violation. Such termination may notbe considered a breach of contract by Contractor or the subcontractor.

e. By its signature below, Contractor swears or affirms that it maintains USCIS FormI-9 on all its employees, and ii) does not knowingly employ an unauthorized alien.

Article 10: NON-DISCRIMINATION

Contractor agrees:

a. That in the hiring of employees for the performance of work under this contract orany subcontract hereunder, no contractor, or subcontractor, nor any person acting onbehalf of such contractor or subcontractor, shall, by reason of race, religion, color, sex,national origin or ancestry, discriminate against any citizen of the State of Indiana who isqualified and available to perform the work to which the employment relates;

b. That no contractor, subcontractor, nor any person on his behalf shall, in anymanner, discriminate against or intimidate any employee hired for the performance ofwork under this contract on account of race, religion, color, sex, national origin orancestry;

c. That the City may deduct from the amount payable to the contractor a penalty offive dollars ($5.00) for each person for each calendar day during the which such personwas discriminated against or intimidated in violation of the provisions of the contract;

d. If there is a second or any subsequent violation of the terms or conditions of thissection, then this contract may be cancelled or terminated by City and all money due orto become due hereunder will be forfeited.

Article 11 : INSURANCE

The Contractor shall at its own expense maintain in effect during the term of thiscontract the following insurance with limits as shown or greater:

General Liability (including automobile) -combined single limit of $1,000,000.00;

Workers' Compensation -statutory limit; and

Professional Liability for protection against claims arising out of performance of

professional services caused by negligent error, omission, or act in the amount of$1,000,000.00.

The Contractor shall provide Certificates of Insurance indicating the aforesaidcoverage upon request of the OWNER.

IN WITNESS WHEREOF we have set our hands the day and year first above written.

M. Michelle Dearing, Member

Jason D. Huber, Member

Thomas J. Kent, Member

Jeffery W. Love, Member

ATTEST:Lindsey N. Mccollum, Deputy Clerk

END OF SECTION

Carl Kincaid, Principal, ASIA

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SCOPE & SCHEDULE

Exhibit A

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PROJECT UNDERSTANDING

Based on our discussions to date and after reviewing the current Parks and Recreation System Master Plan, we have the following understanding of the project:

1. The City of West Lafayette is initiating the update of their Parks and Recreation SystemMaster Plan to ensure that the plan remains relevant and current while also meeting updaterequirements of the Department of Natural Resources (INDNR). This plan will seek to improvethe parks and recreational facilities in the city as well as connections to the neighborhoods andcommunities which make up the West Lafayette community.

The plan’s recommendations will focus on facility improvements with updated recommendations for the following items:

• Improve overall system connections to neighborhoods and between parks.• Identify opportunities to acquire land to continue growth of the parks and recreation system in areas of

current and future growth.• Integration of bicycle and pedestrian facilities within the parks system and identification of these

facilities as an additional recreational component to the network.• Upgraded park facilities to comply with current ADA requirements.• Prioritize facility improvements which meets a need not currently met within the parks system.• Enhance community interactions with the natural and cultural environment of the city.• Identify areas of city which are underserved and provide connections to existing parks and open spaces

or create new parks within these areas of West Lafayette.• Priorities will be centered around planning for the next five to ten years but the master plan

recommendations will include goals and strategies to meet community needs for well beyond fiveyears.

2. The Master Plan will be completed and be ready to submit to IDNR in early 2022.

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SCOPE OF WORK

Based on the project understanding, we propose the following outline of services and deliverables.

TASK 1 | INVESTIGATION, INVENTORY, AND ANALYSIS

REA will update the current Parks and Recreation System Master Plan to provide existing information and updated data that may influence park and recreation planning decisions for your city. This will include evaluating the goals and objectives of the Park Board and the existing master plan. We will review the master plan’s inventory and analysis of features within the defined service area including natural and landscape features, man-made, historical, and cultural features, and social and economic features. We will re-inventory and analyze your existing parks and parks’ services and we will analyze them from an accessibility standpoint.

This task will include the following:

• A site visit to each of the park facilities to document existing conditions.• Update and analyze community demographics along with projection of community demographics ten

years from now.• Meeting with park administrators and park staff to review current programs, services, assets, expenditures,

and other pertinent data. We will discuss current staffing along with challenges and unmet needs formaintenance and operations of the parks system as a part of this meeting.

• Facilitate a kick-off meeting for the Steering Committee to refine the scope, identify key issues for thecommittee, and formulation of the list for key person interviews.

• Conduct interviews with key stakeholders as identified in the kick-off meeting. These meetings will beconducted over a 1-2 day time period and may include members of the park board, park and recreationstaff, neighborhood groups, elected officials, civic groups, and other community leaders.

• Analyze Needs Assessment Survey and prepare a baseline study for the parks system for incorporationinto the plan update.

• Review and analyze existing documents listed in the RFP as well as other documents identified duringthe kick-off meeting with the Steering Committee. Plans and studies will be reviewed for existingconditions analysis to avoid duplication of work and research previously conducted as a part of the plans. Applicable goals and objectives will be incorporated into the Parks and Recreation System Master Plan.

• Review and analyze the feasibility of a park impact fee for the West Lafayette community. Park impactfees can be collected by the city to pay for and mitigate capital costs for park improvements in the parkssystem which serves new development.

TASK 1 DELIVERABLES

Administrative draft report discussing updated existing conditions, issues, and resource analysis. Monthly progress reports submitted to staff.

Indianapolis Cultural Trail Indianapolis, IN

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Monon Boulevard & Midtown Plaza Carmel, IN

TASK 2 | OBTAINING PUBLIC INPUT

We will obtain public input from residents, city officials, and all interested parties through a public participation process. REA will serve as facilitator in the public forum process. Public Input will include:

• One day of meetings and inventory to include:a kick-off meeting with selected city officialsand updated inventory of existing parkfacilities.

• Public Meeting #1 to solicit input and opinionsabout the park system.

• Public Meeting #2 at the conclusion ofthe project to present the final productand findings to the City of West Lafayetterepresentatives and the community andreceive feedback from the public.

• Prepare a quantitative survey which will beadministered online and will include manualentry of up to 100 hard copies at no additionalcost. We will provide up to 150 hard copiesof the community survey to the Client for theirdistribution. A return mailing address will beprovided on the survey for those completingthe hard copy. The results will be analyzedusing descriptive statistics and up to 3 cross-tabulations/filters.

• Media Outreach to raise awareness of the planupdate and to advertise the community surveywill include: preparation of a project website, outreach to area newspapers, and outreachto area groups (school, websites, Facebook, Twitter) at a minimum.

TASK 2 DELIVERABLESDraft administrative report discussing results of the stakeholder meetings, public meeting results, and the community survey results. Monthly progress reports submitted to staff.

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TASK 3 | PLANNING AND DESIGN

We will develop a needs analysis based on the previous two phases. The needs analysis will include 2 studies with recommendations including:

• Preparation of a benchmark study of 5 comparable cities and their parks system to determine needsanalysis for the West Lafayette parks system. The purpose of the benchmarking study is to assist insetting goals and generating ideas for parks and recreation facilities in West Lafayette. This provides aquantitative comparison between the park facilities and park system of the city’s own parks with cities ofsimilar size and context. The benchmark study will include an assessment of these communities and theiruse of park impact fees where applicable.

• Preparation of Level of Service standards. The level of service standards are designed to provide abalance of facilities and services uniformly across the city. The level of service standards are createdthrough synthesis of information and research conducted throughout the planning process. Level ofservice standards include an analysis of existing and recommended facilities such as trails, park acreage, sports fields, indoor facilities, event pavilions, and playgrounds to name a few.

• Utilizing the public input and the needs analysis studies we will prepare/update master plan conceptsthat are responsive to the information gathered. The concepts will address, but will not be limited to, environmental stewardship, recreation access, arts, community events, sports and fitness, communityservices, and park services.

TASK 3 DELIVERABLES

Draft administrative report for review and comment by the Client including summary results for the benchmark study and level of service recommendations. Monthly progress reports submitted to staff.

TASK 4 | PHYSICAL FACILITIES

We will prepare/update drawings, renderings, character sketches, diagrams, facilities locations and improvements maps, cost range estimates, and other documents to depict proposed improvements to existing parks, possible new park sites, trail corridors and linkages, environmental areas, and other recreational sites. Drawings will be prepared utilizing aerial imagery and GIS mapping provided by the Client.

TASK 4 DELIVERABLESDraft administrative report illustrating physical improvements and scope for review and comment by Client.

Main Street Square Rapid City, SD

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TASK 5 | PRIORITIES AND ACTION PLAN

We will prepare a list of priorities and the actions required to accomplish them. Priorities will be developed for physical improvements, staffing needs, operations, and maintenance recommendations. A general schedule and preliminary estimates for implementing the priorities will be provided and potential funding sources will be explored. A draft administrative report will be issued at this time.

TASK 5 DELIVERABLES

Draft master plan for review and comment by Client. Monthly progress reports submitted to staff.

TASK 6 | PLAN SUBMITTAL AND ADOPTION

We will prepare the final plan based upon review and comment of draft administrative reports and activities and based on public feedback from the second public meeting mentioned above. The resolution for Park Board adoption of the plan will be incorporated into the plan and the plan will be submitted to Indiana DNR for their review and comment.

TASK 6 DELIVERABLES

Submit the final plan to the Client for approval and adoption and submit to the Indiana Department of Natural Resources for approval. Five (5) hard copies and a digital copy of the final master plan document will be provided to the client after approval from INDNR is obtained.

IU Health, Stone Family Center Streetscape Evansville, IN

SCHEDULETask 1: Investigation, Inventory, and Analysis September-October Task 2: Obtaining Public Input October - March Task 3: Planning and Design Phase November-December Task 4: Physical Facilities December-JanuaryTask 5: Priorities and Action Plan February March Task 6: Plan Submittal and Adoption Dec-March, 2022Draft Master Plan December 15, 2022Final Master Plan March 31, 2022

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PHASE / TASK DESCRIPTION

Kick-Off Meeting

Community Survey Draft

Compile Project Base Plan, AutoCad and GIS Data

Existing Conditions Inventory

Existing Facility Analysis

Previous and Current Studies Review

Complete Task 1 Deliverables

Website, User Survey

Steering Committee Meeting #1

Community Forum #1

Stakeholder Interviews

Conduct Benchmark Study

Prepare Level of Service Standards

Summary of User Survey (In Progress)

Complete Task 3 Deliverables

Community Survey Closed

Proposed Physical ImprovementsSteering Committee Meeting #2Community Forum #2

Draft Plan DevelopmentComplete Task 4 Deliverables

Develop Implementation Strategy

Steering Committee Meeting #3

Complete Task 5 Deliverables

Develop Final Master Plan

Develop Plan Priorities

Steering Committee Meeting #4

Complete Task 6 Deliverables

Plan Presentation & Adoption - Park Board

Plan Presentation & Adoption - City Council

Plan Submittal/Approval with INDNR - 1st Submittal Jan. 2022, Final Submittal April 2022

REA Team Work

REA Team Submittal

Public Input Opportunity (Website, Survey, Community Event)

Public Forum

Steering Committee Meeting

City Staff/Steering Committee Review

Task 5 | Priorities and Action Plan

Task 6 | Plan Submittal and Adoption

1 month

Task 4 | Physical Facilities 2 Months

Task 2 | Obtaining Public Input (Beginning)

Jan. Feb. MarchNov. Dec.

Task 1 | Investigation, Inventory, and AnalysisSept. Oct.

Task 3 | Planning and Design

April

2 months

Ongoing

2 months

PHASE / TASK DESCRIPTION

Kick-Off Meeting

Community Survey Draft

Compile Project Base Plan, AutoCad and GIS Data

Existing Conditions Inventory

Existing Facility Analysis

Previous and Current Studies Review

Complete Task 1 Deliverables

Website, User Survey

Steering Committee Meeting #1

Community Forum #1

Stakeholder Interviews

Conduct Benchmark Study

Prepare Level of Service Standards

Summary of User Survey (In Progress)

Complete Task 3 Deliverables

Community Survey Closed

Proposed Physical ImprovementsSteering Committee Meeting #2Community Forum #2

Draft Plan DevelopmentComplete Task 4 Deliverables

Develop Implementation Strategy

Steering Committee Meeting #3

Complete Task 5 Deliverables

Develop Final Master Plan

Develop Plan Priorities

Steering Committee Meeting #4

Complete Task 6 Deliverables

Plan Presentation & Adoption - Park Board

Plan Presentation & Adoption - City Council

Plan Submittal/Approval with INDNR - 1stSubmittal Jan. 2022, Final Submittal April 2022

REA Team Work

REA Team Submittal

Public Input Opportunity (Website, Survey, Community Event)

Public Forum

Steering Committee Meeting

City Staff/Steering Committee Review

Task 5 | Priorities and Action Plan

Task 6 | Plan Submittal and Adoption

1 month

Task 4 | Physical Facilities 2 Months

Task 2 | Obtaining Public Input (Beginning)

Jan. Feb. MarchNov. Dec.

Task 1 | Investigation, Inventory, and AnalysisSept. Oct.

Task 3 | Planning and Design

April

2 months

Ongoing

2 months

PHASE / TASK DESCRIPTION

Kick-Off Meeting

Community Survey Draft

Compile Project Base Plan, AutoCad and GIS Data

Existing Conditions Inventory

Existing Facility Analysis

Previous and Current Studies Review

Complete Task 1 Deliverables

Website, User Survey

Steering Committee Meeting #1

Community Forum #1

Stakeholder Interviews

Conduct Benchmark Study

Prepare Level of Service Standards

Summary of User Survey (In Progress)

Complete Task 3 Deliverables

Community Survey Closed

Proposed Physical ImprovementsSteering Committee Meeting #2Community Forum #2

Draft Plan DevelopmentComplete Task 4 Deliverables

Develop Implementation Strategy

Steering Committee Meeting #3

Complete Task 5 Deliverables

Develop Final Master Plan

Develop Plan Priorities

Steering Committee Meeting #4

Complete Task 6 Deliverables

Plan Presentation & Adoption - Park Board

Plan Presentation & Adoption - City Council

Plan Submittal/Approval with INDNR - 1stSubmittal Jan. 2022, Final Submittal April 2022

REA Team Work

REA Team Submittal

Public Input Opportunity (Website, Survey, Community Event)

Public Forum

Steering Committee Meeting

City Staff/Steering Committee Review

Task 5 | Priorities and Action Plan

Task 6 | Plan Submittal and Adoption

1 month

Task 4 | Physical Facilities 2 Months

Task 2 | Obtaining Public Input (Beginning)

Jan. Feb. MarchNov. Dec.

Task 1 | Investigation, Inventory, and AnalysisSept. Oct.

Task 3 | Planning and Design

April

2 months

Ongoing

2 months

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PROFESSIONAL FEE

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PROFESSIONAL FEE

From the Request for Proposals we have a clear understanding of the goals, objectives, and key considerations of the City of West Lafayette Parks and Recreation System Master Plan update. We have outlined a general process and timeline that we recommend be employed to engage the community and complete a successful master planning effort. Based upon our extensive previous experience with projects of a similar size and scope, we believe the work can be accomplished in an 8-month period or less. Our current workload will allow us to prepare the master plan in the timeline outlined.

With this proposal, we have attempted to define a general scope of work and services to be provided for the project. This proposal and our fee are based on assumptions we have made regarding an appropriate level of public participation and needs assessment. We feel it is important to have further discussions with the city on the specifics of the scope of work, process, work products, and final deliverables to ensure West Lafayette’s goals for the master planning effort are comprehensively addressed by our proposal.

Compensation for a project of this nature is typically based upon an estimate of the amount of time involved to complete the planning process and the production of the final plan and deliverables. Upon more detailed discussions with West Lafayette, the exact scope of work can be determined and a more definitive fee proposal can be calculated.

Based upon our current understanding of the project, we estimate our fees at $50,000 plus reimbursable expenses (plotting, printing, reproductions, mileage, shipping, etc.), depending upon final definition of scope with West Lafayette. It has been our experience that reimbursable expenses for projects of this nature typically fall within the range of 8% to 10% of the overall fee.

Task 1: Investigation, Inventory, and Analysis $6,500.00 Task 2: Obtaining Public Input $7,500.00Task 3: Planning and Design Phase $12,000.00 Task 4: Physical Facilities $14,000.00Task 5: Priorities and Action Plan $8,000.00 Task 6: Plan Submittal and Adoption $2,000.00TOTAL $50,000.00

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NON-COLLUSION AFFIRMATION