HomeMy WebLinkAboutRes 2020-20 RESOLUTION NO. 2020-20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, ADOPTING AN INTER-
GOVERNMENTAL AGREEMENT WITH THE MARICOPA
ASSOCIATION OF GOVERNMENTS RELATING TO AN
INTERGOVERNMENTAL AGREEMENT FOR THE DEVELOP-
MENT OF AN ACTIVE TRANSPORTATION PLAN
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The Intergovernmental Agreement with the Maricopa Association of Governments
for the implementation of a Transportation Alternatives Planning Assistance grant to create the
Town of Fountain Hills Active Transportation Master Plan (the "Agreement") is hereby approved
substantially in the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 16th day of June, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gin Dick y, Mayor El zabet . Burke, Town erk
REVIEWED BY: APPROVED AS TO FORM:
IDA4l
Grady E. ler, wn Manager Aaron D. Anson, Town Attorney
EXHIBIT A
AGREEMENT BETWEEN
MARICOPA ASSOCIATION OF GOVERNMENTS
AND THE TOWN OF FOUNTAIN HILLS
TOWN OF FOUNTAIN HILLS ACTIVE TRANSPORTATION PLAN
(Attached)
MAG Agreement No. 828B-0H-IGA
AGREEMENT BETWEEN
MARICOPA ASSOCIATION OF GOVERNMENTS
AND THE TOWN OF FOUNTAIN HILLS
TOWN OF FOUNTAIN HILLS ACTIVE TRANSPORTATION PLAN
This agreement ("Agreement") is between the Maricopa Association of Governments ("MAG"), an Arizona
non-profit corporation, and the Town of Fountain Hills, an Arizona municipal corporation ("TOWN"),
collectively referred to as the "Parties," or individually as a "Party."
This Agreement shall become effective as of the last date of execution below and shall continue in full force
and effect until June 30, 2021. MAG and TOWN view this Agreement as a mutually beneficial relationship.
Statutory Authorization Agreement
MAG
MAG is empowered by Arizona Revised Statutes §§ 28-6308 and 28-6353 to enter into this Agreement.
MAG is the recipient of Regional Area Road Funds, Federal Highway Administration ("FHWA") Funds, and
Federal Transit Administration Funds as described in the FY 2020 MAG Unified Planning Work Program
and Budget ("FY 2020 UPWP"), and as described in the agreement between MAG and the Arizona
Department of Transportation ("ADOT").
THE TOWN OF FOUNTAIN HILLS
TOWN is authorized by Arizona Revised Statutes § 11-952 to enter into this Agreement.
Purpose of the Agreement
The purpose of this Agreement is to identify and define the level of financial participation by TOWN and
MAG to prepare Town of Fountain Hills Active Transportation Plan ("PROJECT").
The PROJECT will be completed through MAG Contract No. 0600-0145-20-E001-828B-OG.000000 using
a consultant from the approved Pedestrian and Bicycle Facilities Design Assistance Program and Bicycle
and Pedestrian Master Plans and First Time Updates On-Call Consultant list. The cost of this PROJECT
will not exceed $148,467.24. The scope of work is set forth in Exhibit"A."
j Mission/Goal Statement
The goal of the PROJECT is to provide an active transportation plan for the Town of Fountain Hills.
121 Study Funding
1. MAG is the recipient of FY 2020 FHWA Planning Funds as described in the FY 2020 UPWP and in
the agreement between MAG and ADOT.
2. The FY 2020 UPWP includes the PROJECT as part of the approved FY 2020 Bicycle and Pedestrian
Master Plans and First Time Updates On-Call.
3. The consultant contract for the PROJECT will be for an amount not to exceed $148,467.24. Subject
to the availability of funding and approval of their respective governing bodies, funding for the
PROJECT will be shared among the Parties as follows:
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MAG Agreement No. 828B-OH-IGA
Maricopa Association of Governments $ 118,773.79 80%
Town of Fountain Hills $ 29,693.45 20%
Total $ 148,467.24 100%
4. Cost adjustments: The MAG/TOWN proportional share is to be split 80/20 for any amount less than
or equal to $148,467.24. It shall be TOWN'S responsibility to pay for any costs in excess of
$148,467.24.
5. TOWN'S financial participation is limited to paying TOWN'S proportional share as provided in
paragraphs 3 and 4 above. It shall be MAG's responsibility to enter into the consultant contract.
6. MAG will invoice TOWN for TOWN'S proportional share within thirty (30) calendar days of execution
of this Agreement.The TOWN shall make payment to MAG within thirty(30)calendar days after receipt
of invoice. The financial contribution of both Parties shall be deposited into the specified account no
later than sixty (60) calendar days after payment of invoice. MAG shall maintain billing accounts and
financial records during and for three(3)years after the completion of this Agreement and will produce
the same to TOWN upon TOWN'S written request.
7. All notices or demands required to be given pursuant to the terms of this Agreement shall be given to
the other Party in writing, delivered in person, sent by confirmed email, deposited in the United States
mail, postage prepaid, registered or certified mail, return receipt requested, or deposited with any
commercial air courier or express service at the addresses set forth below, or to such address as the
Parties may substitute by written notice given in the manner described in this paragraph.
For MAG:
Eric J. Anderson
Executive Director
Maricopa Association of Governments
302 North First Avenue, Suite 300
Phoenix, Arizona 85003
602-254-6300
For the Town of Fountain Hills:
John D. Wesley, AICP
Development Services Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
(480)816-5138
Notices shall be deemed received on date delivered, if delivered by hand; on the day it is sent by
confirmed email;on the second day after its deposit with any commercial air courier or express service;
or, if mailed, ten (10) calendar days after the notice is deposited in the United States mail as above
provided; and on the delivery date indicated on receipt if delivered by certified or registered mail. Any
time period stated in a notice shall be computed from the time the notice is deemed received. Notices
sent by confirmed email shall also be sent by regular mail to the recipients at the above addresses.
This requirement for duplication notice is not intended to change the effective date of the notice sent
by confirmed email.
8. In the event that the MAG funds required for performance of this Agreement are withdrawn or are not
available for funding, this Agreement, without penalty to any of the Parties, may be immediately
terminated; and any financial contribution paid by TOWN will be returned to TOWN.
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MAG Agreement No. 828B-OH-IGA
9. Any remaining unspent funds following PROJECT closeout will be retained by MAG for unrestricted
use.
j1 General Terms and Conditions of the Agreement
1. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted
under the laws of the State of Arizona.
2. Severability. If any provision of this Agreement is declared invalid, illegal or unenforceable, that
provision shall be severed from the Agreement, and the remaining provisions shall otherwise remain
in full force.
3. Hold Harmless. Each Party to this Agreement, as Indemnitor, agrees to indemnify, defend and hold
harmless the other Party, and such Party's departments, officers, employees, elected officials, agents
and representatives (collectively, "INDEMNITEES"), for, from and against all liability, losses,
expenses, damages or claims (collectively "CLAIMS") arising from or related to the Indemnitor's
performance or non-performance of its obligations pursuant to the terms of this Agreement.
4. This Agreement shall not be construed to imply authority to perform tasks, or accept any responsibility,
not expressly set forth herein.
5. This Agreement shall be strictly constructed against the creation of a duty or responsibility unless the
intention to do so is clearly and unambiguously set forth herein.
6. This Agreement shall be subject to cancellation for conflict of interest without penalty or further
obligations as provided by A.R.S. § 38-511.
7. This Agreement constitutes the entire understanding of the Parties and supersedes all previous
representations,written or oral,with respect to the services specified herein. This Agreement may not
be modified or amended except by a written document, signed by authorized representatives of each
Party.
8. Each Party hereby warrants and represents that it has full power and authority to enter into and
perform this Agreement, and that the person signing on behalf of each has been properly authorized
and empowered to enter into this Agreement. Each Party further acknowledges that it has read this
Agreement, understands it, and agrees to be bound by it.
(Signature page follows)
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MAG Agreement No. 828B-OH-IGA
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
Town of Fountain Hills, an Arizona municipal corporation
By:
Ginny Dickey
Mayor
Date:
Attest:
By:
Elizabeth A. Burke
Town Clerk
Maricopa Association of Governments, an Arizona non-profit corporation
By:
Eric J. Anderson
Executive Director
Date:
Reviewed as to form by General Counsel for Maricopa Association of Governments, and Counsel
for the Town of Fountain Hills
I have reviewed the above referenced Agreement between MAG and the Town of Fountain Hills, an
agreement proper in form and within the powers and authority granted to the City under the laws of the
State of Arizona.
No opinion is expressed as to the authority of MAG to enter into this Agreement.
Aaron D. Arnson Mites ter,
Town of Fountain Hills Ma . op Assgciation of Governments
Town Attorney General bunsel
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MAG Agreement No. 828B-OH-IGA
APPENDIX A—SCOPE OF SERVICES
MARICOPA ASSOCIATION OF GOVERNMENTS ("MAG")
TOWN OF FOUNTAIN HILLS ACTIVE TRANSPORTATION PLAN
WORK PLAN AND TASKS
The purpose of this Section is to outline the major tasks required to be performed by J2 Design
("CONSULTANT") in order to produce the needed analyses and deliverables to MAG.
Project Overview:
The Town of Fountain Hills ("TOWN") is embarking on developing its first Active Transportation
Plan (the "Plan"). The Plan will serve as the primary tool for deployment, and integration of safer
modes of transportation for bicyclists, pedestrians, and other modes of non-vehicular
transportation. This Plan will help establish the foundations for TOWN to become recognized as a
truly multi-modal community.
This Plan will guide the TOWN toward addressing the six (6) E's of solid transportation planning
(Encouragement, Engineering, Equity, Enforcement, Evaluation and Planning, Education). These
six(6)E's are key components of a comprehensive and integrated approach towards development
of the Plan.
This Plan will provide a phased implementation approach to integrating transportation choices into
existing and new infrastructure providing for safer access to destinations. The Plan and process
will coordinate with adjacent local jurisdictions to connect routes outside of the TOWN limits as well
as on a regional level. The Plan will incorporate the most current active transportation practices
and present a long-range vision for the TOWN so that the TOWN becomes recognized as a premier
community for active transportation opportunities. The plan will guide and enhance existing
sidewalks, trails and roadways in an effort to create a complete network of facilities for bicyclists,
pedestrians, and other forms of non-motorized transportation.
Community Description:
TOWN is a master planned community established in 1970 by McCulloch Properties (now MCO
Properties, Inc.). Prior to 1970, the area was a cattle ranch and was part of one of the largest land
and cattle holdings in Arizona.The land was purchased by Robert McCulloch in the late 1960s and
the community was designed by Charles Wood, Jr. (designer of Disneyland in southern California).
One of the community's most valuable assets is its natural beauty. Incredible views and natural
desert terrain provide for a wide range of outdoor activities including hiking, biking, and golf. One
of the Town's most renowned features is the fountain. This fountain is one of the world's tallest
man-made fountains. It serves as a focal point for the community and attracts thousands of visitors
each year.
Overview of Scope Goals (see scope tasks below):
This Scope of Services describes the tasks that CONSULTANT will perform to develop the Plan.
A phasing plan will focus on the 0-5 year implementation projects, with additional items noted for
longer term. Project activities and the final Active Transportation report will be completed within a
10-12 month timeframe.
The Plan will address linking economic uses, transportation, recreation, tourism, jobs, and
neighborhoods. The Plan will use the "8-80" facility user principles that evaluates all multi-modal
infrastructures ability to safely accommodate an eight year old just as well as an 80 year old user.
ThePlan will deal with connectivity to destinations, schools, activity centers, businesses, etc. The
Plan will consider using the communities' natural features and existing infrastructure to create a
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MAG Agreement No. 828B-OH-IGA
seamless network of sidewalk connections and linked bicycle facilities. The Plan is intended as
being a fully integrated network of paths, trails, sidewalks, bike lanes, and shared use facilities that
add value to the community. Other considerations specific to TOWN include:
a. The natural environment (flood plains and tributary washes as possible multi-use trail
corridors), powerline corridors as linear corridors
b. Safety and security for residents
c. Enhancement of scenic corridors
d. Neighborhood needs and aesthetics
e. Sidewalks and bicycle/pedestrian friendly amenities
Partners/Audience: TOWN -Town Council, Development Services, Community Services, Public
Works Department, Maricopa County Parks, Fountain Hills Unified School District, private and
charter schools, Chamber of Commerce, local businesses, and the general public
Task 1.0: Information Gathering and Establishing Project Administration
Purpose: CONSULTANT will initiate gathering existing available data from the TOWN to initiate
the creation of base mapping and base data that will be used as an integral part of the Plan.
CONSULTANT will review, in conjunction with TOWN, the overall project scope, schedule, and
review the TOWN goals and objectives.
Method:
1) Kick-off meeting with the TOWN'S Project Manager ("TOWN PM"), the TOWN Project Team,
and the CONSULTANT:
a. Review TOWN project vision, goals and objectives for this Plan;
b. Define meeting dates and key milestones;
c. Review anticipated deliverables "Products";
d. Review Project Schedule;
e. Prioritize three (3) public outreach meetings with the TOWN Project Team at key points in
the project to review project status, outcomes, results and recommendations;
f. Review agenda format for the TOWN Project Team meetings and summarize the
discussion points and action items.
2) The TOWN Project Team will provide base data and previous studies completed that are
projected to have an impact and influence on this Plan. The TOWN will provide valuable input
in their review of all project deliverables ("Products") and on the proposed project schedule.
3) CONSULTANT'S Project Manager will prepare:
a. Bi-Weekly meetings with TOWN PM to discuss project status and establish steps ahead;
and
b. Monthly invoices and progress reports which will outline key task activities and percentage
complete, as well as identify next steps or project issues and action items
Meetings:
• Kick-Off Meeting/TOWN Project Team #1
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MAG Agreement No. 828B-OH-IGA
Task 2.0 -Inventory and Analysis
Purpose: CONSULTANT will establish a thorough understanding and background of existing
conditions of the project and a familiarity with previous studies, manuals and reports.
Method:
1) Information Collection Phase: Portions of this task may be conducted in parallel with Task 1.
CONSULTANT will work with the TOWN PM and TOWN Project Team to assemble, analyze
and synthesize existing plans, inventories of facilities and maps available through the TOWN.
a. Review and incorporation of existing plans including:
• Town of Fountain Hills General Plan Update (2020);
• Park and Open Space;
• Fountain Hills Transit Feasibility Study(2014);
• Town of Fountain Hills Zoning Map (most recent);
• Schools (public and charter) locations;
• Internal GIS Files:
a. High Activity Centers;
b. Elementary and Middle Schools;
c. Transit Route 514 to State Capital;
d. Communities of Concern;
e. Sidewalk/bicycle/GIS data;
f. Street Circulation;
g. Bicycle and Pedestrian Crash and Fatality Data; and
h. Other GIS data pertinent to this study;
b. Collect field data:
• Identified issue areas, intersections, crash concentrations, unauthorized crossings,
pavement restrictions, etc.
• School routes, crossings, and loading/unloading zones.
• TOWN provided topographic mapping to assist in flagging corridors or segments of
trails or transportation corridors that may require additional efforts and costs
associated with meeting, where applicable, ADA guidelines.
2) CONSULTANT will receive applicable GIS files and topographic mapping from the TOWN in
order to build additional layers and will work with the TOWN to develop additional layers as
necessary to incorporate into the TOWN'SGIS database.
a. Layers will include sidewalk, bicycle routes, paths and lanes, multi-use trails, natural trails
that are not designated, and activity centers.
b. An analysis will be done of current infrastructure to support active transportation and gaps
that need to be filled.
c. An overlay of the TOWN'S topographic mapping (readability dependent)
3) Identifying key projects or programs from neighboring jurisdictions and regional agencies that
would require coordination with the Plan.
a. Maps and plans from surrounding jurisdictions.
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MAG Agreement No. 828B-OH-IGA
b. CONSULTANT will also address neighboring jurisdictions plans and infrastructure to
analyze gaps that will improve/create connectivity between the TOWN and neighboring
counties/cities.
4) Review of the TOWN's current infrastructure improvement projects that include sidewalks and
bike lanes and any future slated projects.
a. CIP projects, Development Fee Infrastructure Improvement Plan,other Map Data available
from TOWN.
5) Initiate development of a preliminary cost associated with different segments or sections of the
proposed transportation corridor improvements. These cost per segment or corridor will be
general in nature and more magnitude of cost based on historical averages for area rather than
site specific and detailed cost estimates for each segment or corridor.
6) CONSULTANT will summarize the inventory incorporated, as appropriate, into the Plan.
Meetings:
• TOWN Project Team#2
• Open House#1 Public Meeting
Task 3.0 — Preliminary Active Transportation Plan
Purpose: CONSULTANT will define and outline plan approach and function, andcreate a path for
implementation of the Plan. CONSULTANT shall compile a preliminary Plan report for submittal to
the TOWN for review and comment
Method:
1) The CONSULTANT will use the information and data collected in the previous tasks to develop
draft chapters of the plan. The planning document will consist of a series of chapters that fully
address the six (6) E's.
2) A rating system will be created to rank and determine areas of the TOWN that need active
transportation infrastructure and prioritize gaps using the methodology from the MCDOT ATP.
3) Integration strategies will focus on sidewalks, bicycle paths, needs but will still integrate the
active transportation plan as an integrated transportation system. Systems that will have
integration recommendation will include:
a. Facilities for sidewalks and bicycle routes connecting schools;
b. Linking amenities together such as parks and activity centers;
c. Recommendations for paths or trails that are not within TOWN ROW with a ranking based
on need;
d. Projects that need funding to support their implementation;
e. No or low cost strategies such as collaborative agreements, advocate group donations,
wayfinding, social media outlets;
f. Opportunities where coordinating a path with multiple agencies can be accomplished.
Including opportunities of regional initiatives;
4) The CONSULTANT will develop maps showing priority areas and preliminary facility
recommendations.
a. Strategies will be identified in the near term (0-5 years) in support of the TOWN'S 5 year
CIP program, and long-term (5 years and beyond)timeframes as future TOWN projects.
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5) CONSULTANT will prepare an "Implementation Plan"that outlines the near-term action items
for the TOWN and summarizes the deployment priorities for the Plan. This Implementation
Plan will include:
a. A phasing plan with focus on the 0-5 year TOWN CIP implementation projects with
additional items noted for longer term.
b. The five-year summary and those projects outside of that 5-year window will include
potential opportunities to coordinate with other capital improvements for the timing of key
local and regional route improvements.
6) CONSULTANT will summarize the outcomes from this task into a draft report. An electronic
(PDF) draft will be provided to the TOWN for review and comment along with five (5) bound
color print copies for review.
Meetings:
• TOWN Project Team#3
• TOWN Council Working Session
• Community Services Advisory Commission
• Planning and Zoning Commission
• Fall Festival of the Arts Booth
• Open House#2 Public Meeting
Task 4.0 - Final Active Transportation Plan
Purpose: CONSULTANT will document the process utilized in creation of the Plan. The Plan will
address linking economic uses, transportation, recreation, tourism, jobs, and neighborhoods
cognizant of the Town's undulating topography. The Plan will use the"8-80"facility user principles
as well as a mindset that the TOWN wants to encourage not only Safe Routes to Schools; but
equally, connectivity to destinations, activity centers, businesses, etc. The Plan will consider using
the communities' natural features and existing infrastructure to create a seamless network of
interlinked multi-modal facilities. The Plan is intended as being a fully integrated network of paths,
trails,sidewalks, bike lanes,and shared use facilities that add to the overall community connectivity.
Method:
1) CONSULTANT will incorporate comments received on the preliminary Plan and prepare final
versions based on that input.
2) CONSULTANT will develop an executive summary and note key outcomes, priority
advancement recommendations, and the implementation plan phasing recommendations.
3) The final Plan will be provided to the TOWN in electronic format(PDF)and CONSULTANT will
print and bind 10 color copies for the TOWN records.
4) The final Plan will be comprised of the following information:
a. Executive summary;
b. Description of the methodology to meet the end result of the Plan;
c. Current state of active transportation in TOWN;
d. Current trends in active transportation and current plans for neighboring jurisdictions;
e. Plan with appropriate chapters;
f. Timeframe for implementation and various strategies for short-term, mid-term and long
term improvements;
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5) CONSULTANT will develop a Plan summary presentation including the vision and goals for
presentations as identified below toward the end of the project.
a. TOWN PM will review and provide input on the presentation in order to finalize the
presentation information.
6) CONSULTANT shall present the Plan to the public,the Planning and Zoning Commission, and
to the TOWN Council during regularly scheduled Council Meeting.
Meetings:
• TOWN Project Team#4
• Open House#3 Final Public Meeting
• Planning Zoning Commission Final Report
• TOWN Council Presentation Final Report
II. DELIVERABLES
The products of this project may include the following or additional items as agreed to by
CONSULTANT, the MAG Program Manager, and the TOWN. Each product should succinctly
present information in an engaging format suitable for a diverse audience with extensive use of
maps, photos, tables, matrices, drawings, and charts. Each product will be reviewed as follows:
An administrative draft of each deliverable will be submitted in both electronic and hard copy format
to the TOWN for review. Comments from the MAG Project Manager, and any project meetings,will
be incorporated into the staff, agency and staff meeting documents; technical memos, maps,
presentations drafts and final document prepared by CONSULTANT before distribution for
additional review. Additional review of work products may be performed by others as determined
by the MAG Program Manager and/or TOWN. Comments received during the review process will
be incorporated into the report by CONSULTANT.
Task 1.0: Information Gathering and Establishing Project Administration
Products:
• Agenda, Plan vision and goals, talking points for kick-off meeting
• Project Schedule
• Meeting Minutes of Kick-off meeting
• Initiate Bi-Weekly Call
• Monthly invoices and progress reports
Task 2.0—Inventory and Analysis
Products:
• Mapping and GIS layers for the Plan inventory
• Field Review of Existing Conditions relative to sidewalk gaps
• Open House Comments and Attendees Lists
Task 3.0—Preliminary Active Transportation Plan
Products:
• Preliminary Plan
Task 4.0 - Final Active Transportation Plan
Products:
• Final Plan Electronically Delivered (PDF) and 10 bound color copies
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MAG Agreement No. 828B-OH-IGA
III. SCHEDULE
It is anticipated that the project will commence on or about June 1, 2020, and will be completed by
June 30, 2021
Schedule
Task for Completion
Notice to Proceed (NTP) 06/01/2020
Task 1.0— Information Gathering and Establishing Project Administration 07/01/2020
Task 2.0— Inventory and Analysis 09/30/2020
Task 3.0—Preliminary Active Transportation Plan 01/19/2021
Task 4.0— Final Active Transportation Plan 03/31/2021
Project Completion 04/30/2021
IV. CONSULTANT WORK TEAM
The CONSULTANT will form a work team of key personnel (as named below) to perform the
project. Other labor requirements will be filled by other staff members of the CONSULTANT.
• Principal in Charge/Project Manager—Jeffrey M. Engelmann, PLA, ASLA J2 Engineering and
Environmental Design, LLC, (J2)
• Urban Designer/Planner/Landscape Architect—Aaron Allan, PLA, ASLA, J2
• Urban Designer/Planner/Landscape Architect—Kurt Montei, PLA, ASLA, J2
• GIS CADD Specialist—Andy Fleetwood, J2
• CADD Manager SR. Designer—Jeff Wotring, J2
• Designer—Maria Maurer, J2
V. BUDGET
The budget for the project by task is as follows:
Task Budget
Task 1. — Information Gathering and Establishing Project $3,901.78
Administration
Task 2.0— Inventory and Analysis $20,831.75
Task 3.0—Preliminary Active Transportation Plan $80,437.10
Task 4.0— Final Active Transportation Plan $43,296.61
Total $148,467.24
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