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HomeMy WebLinkAboutPending - park master plan contractCITY OF CENTRAL POINT PERSONAL SERVICES CONTRACT Central Point Parks and Recreation Master Plan This contract is made between the City of Central Point (City) and Consultant named below (Consultant). Consultant lnformation : Full legaf name or business name: Conservation Technix Address: PO Box 12736 Portland, OR97212 ïelephone: 503-989-9345 email: steve@conservationtechnix.com Gity and Consultant agree: L Services to be Provided. Consultant will provide to City the following services: Consultant shall prepare a final master plan document for the City of Central Point through review of existing plans & studies, community engagement, and community needs assessments. The document will be a fonruard looking guide that mirrors the values and policies and provides goals and objectives that will keep Central Point Parks and Recreation moving into the future, Full description of the scope is attached as Exhibit B. 2. Effective Date or Duration. This contract is effective on the following start date (or on the date at which every party has signed this contract, whichever is later.) This contract shall expire, unless othen¡rise terminated or extended, on the following end date: Contract start date: 1114116 Contract end date: 1131117 3. Gonsideration. City agrees to pay Consultant a sum not to exceed $S9,500 for the services to be provided. lf additional services are needed beyond contract, Consultant will submit a change order that will require approval by the City prior to carrying out additional work. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by city's Authorized Representative. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the month covered by the invoice. Total payments under this contract or any amendments shall not exceed the sum specified in this section 3. 4. Authorized Representative for Consultant. The authorized representative for Consultant is: 5. Standard Contract Provisions. Consultant shall comply with City's Standard Contract Provisions for Personal Services, a copy of which is attached as Exhibit A. Gity of Central Point Consultant (signature) Title: Date: SSN/Tax lD # C.P. Business License # Form W9 By:By: Date: EXHIB¡T A CITY OF CENTRAL POINT STANDARD CONTRACT PROVISIONS FOR PERSONAL SERVICES 1. Qualified Personnel. Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the seruices required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 2. Contract Renewal. The City shall have the option to renew this contract after the initial term has expired. Each renewal shall be with such modifications as may be agreed to by the parties in a written amendment of the contract, provided that the amendmenls made for any renewal term may not increase the total compensation to be paid to Consultant by more than 10% or increase the rate of compensation for any contract Service by more than 5%. 3. Authorized Representative for Gity. The City's authorized representative is either the City Administrator, the Public Works Director, or a duly authorized representative. 4. Notices. Any notice permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested, to the persons and addresses shown below. ln addition, if directions for telephonic transmission ('FAX') are set forth below, notices may be delivered by FAX. Notices sent by certified mail will be deemed delivered three business days after placement in the mail and notices sent by FAX wifl be deemed delivered when successful transmission is electronically confirmed. Except as expressly provided in the contract, required notices must be signed by the person designated to receive notices, or thât person's designee or attorney.Consultant: Authorized Representative named on first page at address for Consultant listed on first page.City: Authorized Representative (see section 3 of this page), 140 South Third Street, Central Point, Oregon 97502 Each party shall notify the other of any change in the name, address or FAX instructions to be used for delivery of notices. 5. Termination. Notwithstanding any other provision to the contrary, lhis contracl may be terminated as follows: 5.1. ïhe parties, by mutual written agreement, may terminate this contract at any time, 5.2. Either party may terminate this contract in the event of a breach of the contract by the olher party. 5.3. The City may terminate this contracl at any time or for any reason, upon not less than ten days' notice in advance of the termination date. 5.4. City may terminate this contract immediately upon Consultant's failure to have in force any insurance required by this contract. Except as provided in section 6, in the event of a termination, City shall pay Consultant for work performed to the date of termination. 6. Remedies. 6.1. ln the event of a termination of this contract by City because of a breach by Consultant, City may complete the Services either by itself or by contract with other persons, or any combination. Consultant shall be liable to City for any costs or losses incurred by City arising out of or related 1o the breach, including costs incurred in selecting other contractors, time-delay losses, attorney fees and the like, less the remaining unpaid balance of the consideration provided in this contract. City may withhold payment of sums due Consultant for work performed to the date of termination until City's costs and losses have been determined, at which time City may offset any such amount due Consultant against the costs and losses incurred by City. 6.2. The foregoing remedies provided to City for breach of this contract by Consultant shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 6.3. ln the event of breach of this contract by City, Consultant's remedy shall be limited to termination of this contract and payment for work performed to the date of termination. 7. Records/lnspection. Consultant shall maintain records of its charges to City under this contract for a period of not less than three full fiscal years following Consultant's completion of this contract. Upon reasonable advance notice, City or its authorized representalives may from time to time inspect, audit and make copies of any of Consultant's records that relate to this contract. lf any audit by City discloses that payments to the Consultant were in excess of the amount to which Consultant was entitled under this contract, Consultant shall promptly pay to City the amount of such excess. lf the excess is greater than one percent of the contract amount, Consultant shall also reimburse City its reasonable costs ¡ncurred in performing the audit. 8. Ownership of Work Product. All work product of Consultant lhat results from this Agreement (the work product) is the exclusive property of City, City and Consultant intend that such work product be deemed "work made for hire'' of which City shall be deemed the aulhor. Consultant retains the right to use any work product developed by the Consultant in advertising and promotional materials. lf for any reason the work product is not deemed "work made for hire," Consultant irrevocably assigns to City all its right, title, and interest in and to any and all of the work product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doclrine. Consultant shall execute such further documents and instruments as City may reasonably request in order to fully vest such rights in City. Consultant forever waives any and all rights relating to the work product, except as noted herein, including without limitation, any and all rights arising under 17 USC 1064 or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifìcations. 9. lndemnification. Consultant shall defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, , or other damages including injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever natures to the extent arising out of consultant's negligence in the performance of this agreement (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this agreement). Consultant shall not be held responsible for damages caused by the negligence of City. I l. Workers' Compensation. lf Consultant will perform the work with the help of others, Consultant shall comply with the OregonWorkers'Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall stric¡y comply w¡tn altother applícable provisions of such law. Consultant shall provide the City with such further assurances as City may require iróm time totime that Consultant is in compliance with these Workers'Compensation coverage requirements and the Woikersì Compensation law-12. lnsurance. Gonsultant shall have and maintain lhe insurance policíes specified below. Each policy of insurance snaì¡ be written asa primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificatesatisfactory to City shall be delivered to City prior to commencement of the Services. The adequacy of all insuiance policies forcompliance with thís Section 12 shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by the contract shall be cause for immediate termination of the contract by City. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to dobusiness in the state of Oregon; and shall contain an endorsement entitling City to not less than 30 days prior written notice of any' male.rial. change, non-renewal or cancellation. ln the event the statutory limit of liability of a public body for claims arising out of a ðingleaccident or occurrence is increased above the combined single limit coverage requirements specified-below, City shall have the righito require that Consultant increase the coverage limits of all liability policies by the amount of the increase in the stãtutory limit. 12.1. Commercial General Liabilitv. Consullant shall maintain a broad form commercial general liability insurance policy withcoverage of not less than $1 ,000,000 combined single limit per occurrence, and as an annual aggregate, for bodily injury, persohal injury or property damage. The policy shall have a contractual liability endorsement to cover Coñãultãnt's indernniiicaiioñ obligations under the contract. The policy shall also conlain an endorsement naming City as an additional insured, in a form satisfactory ø C¡ty, and expressly providing that the interest of City shall not be affected by Consultant's breach of policy provisions. 12.2. WorKers'Comoensation lnsurance. Unless Consultant is exempt, Consultant shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall provide City with such assurances as City may require from timsto time that Consultant is in compliance with these Workers' Compensalion coverage requirements and the Workers' Compensation law.'12.3. Automobile Liabilitv. lf Consultant will use a motor vehicle on a regular basis in the performance of the Services, Consultant shall maintain automobile liability insurance coverage of not less than $500,000 combined single limit per occurrence forbodily injury, personal injury or property damage for each motor vehicle owned, or operated under the coñtrol of Consultant for, or in theperformance of, the services. 12.4. Profeqsional Liabilitv. lf Consultant is required to be licensed by the State of Oregon to perform the Services, Consultantshall maintain a professional liability insurance policy with coverage limits of not less than $1,000,000 per claim, and a deductible of notmore than $25,000, to protect Consultant from claims by City or others for injury, loss or damage arising from or resulting from thewrongful or negligent performance or non-performance of, the Services. The policy shall contain an endlorsement entifling City to notless than 60 days prior written notice of any material change, non-renewal or cancellation of such policy. This policy may be written ona "claims made" form. 13. AssignmenUSubcontracting. Consultant shall not assign this contract, in whole or in part, or any right or obligation, without City'spríor written approval. Consultant shall require any approved subcontractor to agree, as to the portion subcontractèd, to comply with allobligations of Consultant specified in this contract. Notw¡thstanding City's approval of a subcontractor, Consultant shall remain- obligated for full peformance of this contract and City shall incur no obligation to any subcontractor. Consultant shall indemnify, defendand hold City harmless from all claims of subcontractors. 15' lndependent Contractor. Whether Consultant is a corporation, partnership, other legal entity or an individual, Consultant is anindependent contractor. lf Consultant is an individual, Consultant's duties will be performed with the understanding that Consultant ís aself-employed person, has special expertise as to the services which Consultant is to perform and is customari[ ðngaged in the independent peÉormance of the same or similar services for others. The manner in which the services are perfórmeã snall Oeco¡lrolled by Consultant; however, lhe nature of the services and the results to be achieved shall be specified by City. Consultant is notto be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided in this contract. 16. Compliance with Laws/Business License. Consultant shall comply with all applicable Federal, State and locaf laws, rules, ordinances and regulations at all times and in the performance of the Services, including, but not limited to those laws pertaining innonresídent contractors in ORS 279A.12O and all applicable provisions of ORS 2798.220,279B.225,279P .29O, ZlgA.ZZS, and2798.240. Consultant shall obtain a City of Central Point business license as required by the city municipal code prior to beginning workunder this contract. The Contractor shall provide a business license number in the space provided on page one oi this contract.17. Governing Law. This agreement shall be governed and construed in accordance with the laws otihã State of Oregon. Any claim, actíon, or suÍt between City and Consultant that arises out of or relates to performance of this agreement shall be brought and - conducted solely and exclusively within the Circuit Court for Jackson County, for the State of Oregon. Provided, howevãr, that if anysuch claim, action, or suit may be brought only in a federal forum, it shall be brought and conductãd solely and exclusively within thãUnited States Dishíct Court for the District of Oregon. 18.'Attorney Fees. ln the event of any action to enforce or interpret this contract, the prevailing party shall be entiled to recove¡ from ltF losing party reasonable atlorney fees incurred in the proceeding, as set by the court, at hial, on appeal or upon review.l9' lntegration. This contract embodies the entire agreement of the parties. There are no promises, terms, coñ¿¡t¡ons or obligations, other than those contained in this contract. This contract shall supersede all prior communications, representations or agreements,either oral or written, between the parties. This contract shall not be amended except in wríting, signed by both parties. 2O- City Business License. The Consultant is required by City policy to maintain an active City e-usineså licenòe duríng the time thatthe Consultant is contracted by the City of Cent¡al point. Ël CONSERVATION Exhibit BTfrItt¡ City of Central Point Parks & Recreation Master Plan Scope of Work Task 1: Project lnitiation & Management Hold a project kick-off meeting with City staff to teftne the scope of the ptoject and to consider the following: . Review and discuss the overall objectives and milestones for the project . Define a pubJic participation plan to include team and staff roles . Identi& key communiry stakeholdets including agencies, organizations and individuals; Discuss community interests and issues . Discuss any concurrent planning efforts underway to assess need for coordination of efforts Hold periodic ptoject coordination meetings, in-person ot via phone conference, with City staff to teview and discuss work ptoducts, prepare for community outreach, refine objectives and develop implementation s trategies. Task 2: Existing Conditions & Baseline Analyses Task 2.L. Review of Existing Plans & Studies Review and analyze all pettinent, existing ptint ancl electronic City-wide planning matetials, including the Following: I Current Parks & Recteation Plan . Community Center Feasibility Plan I Centtal Point Sttategic Plan . Park SDC Review Plan r Past Citywide Surveys . Comptehensive Plan . Skyrman Arbotetum Mastet Plan . Municipal Code . City Council Vision, Goals & Objecrives . City Budget Review and validate the patks and tecreation goals of the comprehensive plan and other polìcy stâtements. Conservation Technix, lnc. Central Point Parks & Recreatlon Master Plan pc1 Central Point Parks Master Plan Scope of Work Task 2,2. Demographics & Trends Compile relevant community statistics and data to include Census hgures, PSU Population Research Center projections, Central Point's growth projections, among others, to profile population ttcncls and other socioeconomic conditions. Examine recent studies ancl regional statistics, such as the Oregon SCOR?, to develop a rrend assessment uniquely-focused toward the City's demographics and facr|tty offerings. Task 2.3. Base Mapping & Spatial Analysis Utilize GIS to analyze the patks and tecteation system against distribuúon, ptoximity and accessibility critetia and identi$' potential shated uses or multiple uses of public lands for recteation. Our team has sttong skjlls in GIS and CAf), and we offer a unique method of assessing service areas and system cleficiencies. We utilize a netwotk-based walkshed gap analysis that can illustrate areas of the ciry with optimal parklancl âccess, as well as higkrLight areas undetserved by patk and recrcation facilities, Task 2,4. Parkland, Amenity & Facílity lnventory & Assessment Þlxpanding upon existing City documentation, conduct a physical assessment of existing patks, open spâces and recreational amenities to identity potential ncecls for improvement, enhancement or rcnovation, along with oppottunities to estab[sh or improve sustainable management and energy conservalion ptactices. Meet with opera[ions staff to discuss faciJity needs, best management ptâctices ot challenges regatding the planned and potential growth of system assets and facilities. Coordinate witir staff fot the need for site-specific environmental assessments, remediation work or invasive species management to address discovcrics following past acquisitions. Task 3: Community Engagement We ptopose a thotough, thoughtful and transpatent public process to enliven, inform and validate the Plan, r Ptepate a public participation plan to defìne the methocls ancl tools conncct with residents (i.c., public meetings, stakeholder sessions, suryey, etc,) ancl to distribute project information (i.e., FAQs, website, press tcleases, etc.). r Meet with Parks & Iìecreation l)epartment leadership and key staff to discuss vision, challenges, opportunities and unmet demands. I Meet v¡ith the Parks and Recreation Commission as a unique stakeholder ar the onset of the projecl. The session v¡ill focus discussions toward visioning, challenges, opportunities and potential partnerships. ¡ Conduct trvo small focus group discussions of up to eight participants, plus up to 4 individual stakeholcler intewiews to adclress areas of partnerships, programming, service delivery or communiry nceds, Conservation Technix, lnc. Central Point Parks & Recreation Master Plan pc. 2 Central Point Parks Master Plan Scope of Work ¡ t Coordinate and facilt¿te up to three pubJic workshop rneetings, with logistics suppott from City staff. 'lcl expand upon the data collectecl from the recent citywide survey, we propose the implementation of a mixed mail and online survey to more deeply idenrifir commurnity sen[iment ancl preferences, nee<Js, demancl and the gcneral use of parks and recreation faciliúes ancl to inForm anci guide the ditec¡ion and development of the system master plan. 'SØe propose a random sample of 2,000 residents using GlS-based information for the mail survey, with temindet postcards to follow, An online version of the survey will be linked from the Ciry's website. The survey r.vill be up to 4 pages in length (allowing for 16-20 questions, many with multiple components) and take 5-B minutes to administer, !üork with staff ro outline and ptepare ptoject webpage content for the City's website and social media platfotms to promote meetings, allow access to project materials and give transparency to the process. Utihze the mySidewalk engagement platform ( mySiclewalk.com ) for an integrated, on-going online communiry discussion. T'he tool allows for seamless integration with more tradiúonal publìc meeting styles ancì surveys. It enables tesidents to sul¡mit ideas, feedback and answer questions abor-rt key issues ot topics, and it can be linked to the Ciry's social media. \ùØe have succerssfully used this tool to expand engâgement. Ptepare presentation materials for meetings, facilitate group discussions, recotd public comments and produce meeting summarics. Task 4: Community Needs Assessment Task 4.L. Park Level of Service Assessment & Benchmarking Coordinate with statT on the apptoaches to service standard assessments, whiclr may include NRPA's PROR A,GIS database, comparable cities and local history. Utilize sLrrvey and national data to compâre the City against other comparable jutisdictic¡ns. Review cunent park classiFtcations in tetms of hieratchy, appropriateness and function, and discuss the potential For Iocally-relevant revisions tc¡ classifications to fit with locaL recreation needs, staff direction and ¿n es limate of financial implicalions. Task 4.2, Recreation Assessment & Gap Analysis Develop a progtamming matrix to highlight the range of recreation offerings, areas fot potenúaì cooperation and loc¿l deFtciencies. Analyze.local demographics and use national and regional spotts/exercise survey datz to ptovide insight into likely programs, activiúes and service demand. Ptepare tecommenclations that desctil¡e City's future rolc in dclivcring rccrcation services Conduct a park system gap analysis utilizing GIS modeling and findings from the inventory âssessment. Summarize finclings and statistics and specifically address potential park, ttail, progtam and maintenance improvements to meet the service demands requested by the community and stakeh<¡lders. ' Synthesize information from comrnuniry outreach, evaluations, inventory anaLysis and demogtaphics. Conservation Technix, lnc, Central Point Parks & Recreation Master Plan pc. 3 Central Point Parks Master Plan Scope of Work -Assess park service area needs and identify futr-rre demand for p,.rrks, amenities and recrea tion fact-Lities. Evaluate service standards and re-align them as approptiate to meer the community's vision and existing ancl planned park system assets. Examine and assess the local economic impact of Ciry-sponsored events using existing data and rnultipliets. Identify potential areas to serve as future parks and clcFrne the program f'or acquisiúons and development, Task 5: Preliminary Plan Development Task 5.L. Draft Park System Master Plan 'I'he draft Plan will ouúine a lramev¡ork fot thc improvcmcnt and growth of recreation facilides, amenities and potential acquisitions re.sponsive to the specifìc neecls of the community. This Framervork will help clarily funding, ptogtam objecúves, development or resoluce goals, The draft Plan will include chapters detailing the public process, inventory, cornmuniry needs, goals and implementation sttategies. The Plan will incorporate the following elements, ' Clear goals and discrete policies fot patk, trail, open space and recreation [øcitty dcliverT ¡ Potenlial public funding sources, grarìts ând strategic partnerships with private entities r Opportuniues for cooperaLive nrrangements wrth the school district, civic groups, private development communiry, businesses and initiatives with nearby municipalities ' Parkland acquisition ancl development standards and guidelines that address due diJigence matters, such as natural resource and erwironmental issues, along with minimum and recommended site improvements . Capital Facilities Plan that identifies in priodty order and sequences the actions necessaq/ to implement Plan tecornmendations. Generate initial cost projection for all proposed park and recreation components, tenovation and redevelopment, potential land acqtrisition and potential new development r Strategy and ptiotities fot phased implementation of proposecl tecommendations. Ex¿mine the cost of the capital improvements plan with existing or potential funding and grant options Follorving rhe staff and stakeholder review of the preliminary draft plan, revise the document and produce a public draft Plan fbr distribution to and teview by the Parks & Recreation Commission, City Council and general public. Task 6: Plan Review & Approval Task 6.1-. Parks & Recreation Commission Review Conduct up to two study sessions with the Commission for their review and commcnt. Thc sessions will focus on the draft Plan and highlight the key considerations about services, policies, Conservation Technix, lnc. Central Point Parks & Recreation Master Plan I I I pg, 4 Central Po¡nt Parks Master Plan Scope of Work Conservation Technix, lnc, Central Point Parks & Recreation Master Plan ptogram strategies and capital príorities. Comments and direction will be incotporated into the Plan ancl ptovicled to staff f<¡r citculation to City Council. Task 6.2. Planning Commission Revíew Conduct a stucly session with the Planning Commission for their review and incotporate comments into the Plan prior to circulation to Ciry Council. Task 6.3. City Council Review A.ttend up to two wotk sessions with City Council to present the draft PIan with staff and review the key findings, financing options, policy recommendations and implementation strategies and to receive Council's comments prior to formal approval. Task 6.4. Plan Revisions & Final Documentation Incorporate final comments to finalize the Plan, Coordinate with staff regarding the final approval of the Plan by City Council. Produce and publish the PROS Plan in color and in booklet fotmat, deliveted io both hatd copy (10 copies) and electronic format. A CD of atl deliverables will be ptovided in digital formats at ptoject compleúofl. ps. 5 Central Point Parks Master Plan Scope of Work Exhibit C City of Central Point Parks & Recreation Master Plan Fee Schedule 'fo complete the scope of work iclentihecl in the Sc<-rpe <¡f \,X/<¡rk section <.¡f this submittal, we Propose a t<¡tal not-to-exceed cosi of tf 89,450, incltrding all costs and excluding detailed site âssessmerìt tasks as noted below. Staff tates and a fee summâry by taskby Frrrn are noted below Staff Rates Conseryätion Technix P rincipäl 135 Senior Associate 120 Àssociâte ll 105 Assoclate I 95 ) PBS Engineering + Env. Skip Haak )135 Heidi Yantz )140 Greg Swenson )135 Fee Summary Tesk 1: Proisct lnítiation & Management Task 2l Existing Conditions & Baselíne Analyses Tesk 3: Community Engagement 3.1,, Public Pafticipotton Plan 3.2. Stakeholder D,ircussions (2 group, plus 4 indiv) 3.3. Coìnmun¡ty Open House Meetings (3) 3.4. Communily Moil& Online Survey 3.5. lnternal Department Stdjf Meet¡ng 3.6, P&R Conlmission Meeting 3.7, my s¡de wqlk we b - bo se d Co ¡n m un ity E ng aø e ne nt 3.8, Public lnJormotlon & Commun¡cotions Task 4: €ommunity Needs Assessment Task 5; Preliminary Plen Development Task 6: Plan Review & Appmval Dírect Costs Conservation Technix, lnc, Central Point Parks & Recreation Master Plan 2,&ì5 I7,54O 25Ars to,27o 18,790 9,000 5,600 2,430 5 16,160 s 2541s $ Seæ 93,oJo S7,860 9827s s1-,2s0 S1,2ect 5t,sto S'J,320 10,270 $ 13,730 $ 9,000 s t40o s s s s I s s 27 1s4 199 7 69 53 10 '10 74 J2 88 1,59 73 405 1,380 5,060 $ ê I $ s $ $ s Billing RateFirmStaff Hours Su btota I .)fìsc' V¿(i(| Techrri x ott:' {-ng r tnvFoeASKSubtotal TOTAL I 89,4s0 200 pc. 6