MEMORANDUM OF AGREEMENT
Between Alaska Mental Health Trust Land Office (TLO), Alaska Department of
Education and Early Development (ADEED) and
The City and Borough of Juneau (CBJ)
Pertaining to the
Subport Vicinity Parking Structure Site Analysis and Conceptual Design
This Agreement is entered into by and between the Alaska Mental Health Trust Land Office
(“TLO”) as the authorized agent of the Alaska Mental Health Trust Authority, the
State of Alaska, by and through the Alaska Department of Education and Early
Development (“ADEED”) and the City and Borough of Juneau, (“CBJ”),
day of
collectively referred to as the Parties, and is made effective this
, 2009. The undersigned Party representatives have the necessary authority to
execute the Agreement on behalf of their respective organizations.
Witnesseth:
Whereas, the Alaska Mental Health Trust Authority owns approximately 5.94 acres
of undeveloped land located between Gastineau Channel and Willoughby Avenue,
which land is managed by the TLO; and
Whereas, the State of Alaska owns approximately 2.65 acres of undeveloped land
and the ADEED operates the State Museum and State Archive Building in the
same vicinity; and
Whereas, the CBJ owns approximately 4.64 acres of improved land and operates
Centennial Hall and the Zach Gordon Youth Center in the same vicinity; and
Whereas, the Alaska Mental Health Trust Authority, State of Alaska and CBJowned lands are generally described herein as the “Subport Vicinity” and these
lands are located in an area which has been identified for future mixed-use
redevelopment in the Subport Vicinity Revitalization Plan; and
Whereas, a parking structure site analysis and conceptual design study for the
Subport Vicinity would allow the Parties to evaluate employee and public parking
options in a comprehensive manner; and
Whereas, the Parties are willing to share the cost of preparing a parking structure
site analysis and conceptual design study.
Now, Therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
Subport Vicinity Memorandum of Agreement
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Deleted:
Comment [H1]: Updated land area
Deleted: 5.62
Section 1.
Parking Structure Site Analysis and Conceptual Design Study.
The Parties shall
jointly participate in a plan for the development of structured parking in the Subport Vicinity (the “Site
Analysis and Design Study”), as provided herein.
Section 2.
Study Area. The Site Analysis and Design Study will evaluate all of the properties as
depicted in Exhibit A as possible sites for a parking structure intended to serve the properties owned by
the Parties within the Subport Vicinity.
Section 3.
Contractor Selection. The CBJ agrees that it will obtain professional consultant
services to perform the Site Analysis and Design Study using CBJ consultant selection procedures.
Section 4.
Contract Administration. The CBJ shall be responsible for preparing the contract for
the services described in Section 3 (“the contract”) and shall provide a copy of the proposed contract to
the TLO and ADEED for review and approval prior to entering into the contract. The CBJ will be
responsible for administering the contract. TLO and ADEED, while not parties to the contract, will be
represented on the project management team, and shall be invited participants in meetings,
teleconferences and other communications between CBJ and the Contractor in regard to the project.
CBJ shall take reasonable steps to keep TLO and ADEED informed of the Contractor’s progress, and
shall consult with TLO and ADEED and consider in good faith any comments, suggestions, or
concerns they might express throughout the CBJ’s administration of the contract. All documents,
reports, and other work product generated by the Contractor shall also be provided to TLO and
ADEED.
Comment [H2]: At the suggestion of
the CBJ Engineering Director, this
specific language is proposed to be
dropped from the MOA as he did not see
a reason to require a civil engineer or
parking consultant. The inclusion of
these professional services will increase
the scoring for a RFP submittal in the
consultant selection process, as would a
licensed architect.
Deleted: civil engineer and parking
Section 5.
Work Tasks. Contractor shall complete the following tasks as part of the Site Analysis
and Design Study:
•
Research all available as-built records, property surveys, and government or private sources
necessary to define right-of-way limits, required or existing easement conditions and/or
requirements, and existing public and private utility locations. Review available technical
information pertinent to development, such as soils, drainage, traffic, utilities.
•
Perform a GPS control survey for mapping and site investigation.
•
Provide professional services for the preparation of informational documents for each potential
location of the proposed 500+ space parking structure, including concepts, conceptual floor plans,
cost estimates, artistic renderings and preliminary traffic impacts.
•
Research and analyze all applicable codes and regulations, and make recommendations on parking
structure layouts and size to achieve maximum economy while maintaining required standards.
•
Participate in intermediate project presentations to primary land owners in the Subport Vicinity,
Assembly Public Works and Facilities Committee, Assembly Committee of the Whole, the CBJ
Planning Commission, and the Assembly to determine the direction in which to proceed on further
Conceptual Plans. At the discretion of the project manager, the Contractor may be required to
participate in a presentation of the Final Report to the Assembly, Planning Commission or other
groups as required by the CBJ.
Comment [H3]: We’ve modified the
language to provide some discretion.
Depending on funds available, etc this
activity may be picked up by CBJ staff.
Deleted: T
Deleted: will
Subport Vicinity Memorandum of Agreement
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•
Provide a Final Report with appropriate graphics, drawings and maps summarizing the objectives,
analysis, conclusions, recommendations and projected costs. It will also include one or more
parking facility conceptual designs, discussion of any access issues and a recommended strategy
for a development scenario.
Section 6.
Costs. The contract costs are currently estimated to be $80,000 for the development of
the Site Analysis and Design Study. The CBJ shall pay $50,000, and the TLO and ADEED shall each
pay $15,000 of the contract costs for the development of the Study. If the contract amount is different
than currently estimated, the parties must execute a written amendment to this agreement specifying
how the actual contract costs will be allocated, prior to CBJ entering into the contract. Payment of the
parties’ respective shares shall be made to CBJ and shall be submitted at the time of approval of the
proposed contract for services, as provided for in Section 4. During execution of the contract, any
costs in excess of the amount agreed upon in the contract must be approved in advance by the CBJ,
TLO and ADEED, as a written amendment to this agreement.
Comment [H4]: See comment H2.
Deleted: The report must be stamped
by an engineer registered in the State of
Alaska.
Section 7.
Entire Agreement. This agreement constitutes the entire agreement between the parties
and may not be modified except in writing and signed by all parties.
Section 8.
General.
(a) This Agreement can be executed in any number of counterparts.
(b) The Parties are responsible for their own actions under this Agreement.
(c) The Agreement may be modified upon the unanimous written consent of the
Parties.
(d) Nothing in this Agreement is intended to prohibit the Parties from negotiating
separate agreements between themselves or other parties on matters related to (and
not inconsistent with) this Agreement, however, notification of any separate
agreements shall be provided to the other parties as soon as practicable.
Wherefore,
the parties make and enter into this agreement.
City and Borough of Juneau
Date
City and Borough Manager
Alaska Mental Health Trust Land Office
Date
Subport Vicinity Memorandum of Agreement
Marcia Menefee
Acting Executive Director
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Comment [H5]: This term was
included at the request of the TLO. They
wanted to clarify that all parties must
consent.
Comment [H6]: This language was
included at the request of the TLO. They
are seeking open exchanges and
information sharing.
Alaska Department of Education and Early
Development
Date
Subport Vicinity Memorandum of Agreement
Les Morse
Deputy Commissioner
-4-