Consultant - 2014 - Trails Master Plan - 9/23/2014COPY
CITY OF EAGLE PARKS, RECREATION
AND TRAILS MASTER PLANNING AGREEMENT
This City of Eagle Parks, Recreation and Trails Master Planning Agreement
( "Agreement ") is entered into this L3 day of r, 2014 (the "Effective Date "), by and
between the CITY OF EAGLE, Idaho, an Idaho municipal corporation ( "City"), whose address 660
E. Civic Lane, Eagle, Idaho 83616, and THE LAND GROUP, INC., an Idaho corporation
( "Consultant"), whose address is 462 E. Shore Dr., Suite 100, Eagle, Idaho 83616. The City and
Consultant are collectively referred to herein as the "Parties."
RECITALS
WHEREAS, City is a duly organized and existing Idaho municipal corporation operating
under the general laws of the State of Idaho; and
WHEREAS, City desires to retain Consultant to assist in the master planning of its parks,
recreation and trails on the terms and conditions set forth herein; and
WHEREAS, Consultant desires to act as an independent contractor to the City to perform
a parks, recreation and trails master planning study and to prepare a Parks Comprehensive
Planning document for the purpose of long term planning for the City's parks, recreation and
trails on the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein,
the Parties agree as follows:
1. Scope of Services. City engages Consultant to perform the services and
Consultant agrees to perform the services set forth in Exhibit A, attached hereto and
incorporated by reference herein.
2. Term of Agreement. The term of this Agreement will begin on the Effective
Date and will terminate no later than twelve (12) months after the Effective Date. The
Consultant will make reasonable efforts to complete the services in an expeditious manner.
Either party may cancel this Agreement on thirty (30) days' written notice to the other party, by
certified mail or personal delivery, in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party.
3. Payment of Consultant's Fee. Consultant's fee for the services to be provided
under this Agreement shall be $80,000. Upon receipt of a monthly statement, the City shall pay
the Consultant's fee pursuant to Idaho Code §67 -2302. Additional work beyond the scope of
services set forth on Exhibit A must be authorized by the City in writing prior to incurring
additional costs. Fees for additional services shall be at Consultant's current Schedule of Rates.
4. Costs and Expenses. Reimbursable expenses are not anticipated for the scope of
services. The City agrees to be responsible for any printing beyond final document printing.
CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT
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5. Indemnification. Consultant agrees to indemnify, defend, and hold harmless
City, and its officers, agents and employees, from and against any and all claims, losses, actions,
or judgments for damages or injury to persons or property arising out of or in connection with
any act, performance or activity of Consultant, Consultant's agents, employees, or
representatives under this Agreement.
6. Independent Contractor. The Consultant is an independent contractor of City
and is in no way an employee or agent of the City and is not entitled to worker's compensation
or any benefit of employment with the City. The City shall have no control over the
performance of this Agreement by Consultant or its employees or agents. The City shall have no
responsibility for security or protection of Consultant's personnel, agents, supplies or equipment.
7. Entire Agreement. This is the entire Agreement between the parties, and no
representations or promises not set forth herein have been made by either party as an inducement
for entering into this Agreement. Amendments to this Agreement must be in writing and signed
by both parties.
8. Governing Law. This Agreement shall be governed by and construed according
to the laws of the State of Idaho.
9. Delegation of Duties. Neither the City nor Consultant may delegate, assign,
sublet, or transfer its duties or interest in this Agreement without the written consent of the other
ply.
10. Compliance with Laws. Consultant agrees to comply with all local, state and
federal laws when performing under this Agreement. Specifically, Consultant recognizes that
the City is utilizing public funds and Consultant is required to conduct its duties in a manner that
is neutral in all respects.
11. Attorney Fees. The parties agree that reasonable attorney fees shall be awarded
to the prevailing party in every action to enforce this Agreement or to declare forfeiture or
termination of this Agreement. The venue for any dispute shall be the Fourth Judicial District of
the State of Idaho.
12. Taxes. Consultant is responsible for payment of any local, state or federal taxes,
including estimated taxes and employment reporting requirements imposed by local, state or
federal laws.
13. Proprietary Rights.
a. Consultant agrees that all Work Product, as defined herein, created solely
or jointly by Consultant, its employees, associates, or subcontractors, arising from work
performed hereunder, or previously conceived in anticipation of consulting work to be performed
in regard to the City's engagement of Consultant, shall be deemed "work made for hire" and
constitutes the joint property of Consultant and the City. Consultant shall cause all of its
CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT
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employees, associates or subcontractors assisting in creating the Work Product to acknowledge
that the Work Product is "work made for hire" and the joint property of the City and Consultant.
b. "Work Product" shall mean all documentation, manuals, teaching
material, creative works, pictures, graphics, data, know -how, prints, charts, computations,
drawings and information created on behalf of the City in whole or in part by Consultant and all
of its employees, associates and subcontractors assisting in creating the Work Product within the
scope of this Agreement, whether or not copyrightable or otherwise protectable.
14. Records. Consultant shall keep full and accurate records of all work performed
under this Agreement. All records, sketches, drawings, prints, computations, charts, reports and
other documentation made in the course of the consulting work performed hereunder, or in
anticipation of the consulting work to be performed in regards to this Agreement, shall at all
times be and remain the joint property of the City and Consultant. Consultant shall turn over to
the City copies of such records upon request of the City. Consultant shall abide by the Idaho
Public Records Act and coordinate any requests for copies of documents or information subject
to the Idaho Public Records Act with the City Clerk and the City Attorney.
15. Savings Clause. If any provision of this Agreement, or the application of such
provision to any person or circumstance, shall be held invalid, the remainder of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
16. Notices. Any notices required under this Agreement shall be deemed given upon
the date of personal delivery or forty -eight (48) hours after deposit in the United States mail,
postage fully prepaid, return receipt requested addressed to the individuals as the addresses are
listed below:
City: Consultant:
City Clerk The Land Group, Inc.
City of Eagle 462 E. Shore Dr., Suite 100
660 E. Civic Lane Eagle, Idaho 83616
Eagle, Idaho 83616
17. No Waiver. No waiver of any breach by either party of the terms of this
Agreement shall be deemed a waiver of any subsequent breach of the Agreement.
18. Authorization. The undersigned representative of Consultant certifies that s/he is
an authorized agent of Consultant and has been duly authorized to bind Consultant to the terms
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date so indicated.
CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT
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CITY OF EAGLE
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ATTEST:
Sharon K. Bergmann
City Clerk/Treasurer
THE LAND GROUP, INC.
By:
Doug kusagl, Vice President
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EXHIBIT A
City Wide Parks, Recreation and Trails Master Planning
City of Eagle, Idaho
Scope of Services
The Land Group, Inc, 462 E. Shore Dr., Suite 100, Eagle, ID 83616 shall provide the
following:
Task 1- Policies, Goals and Objectives
Deliverables:
1. Creation of a City of Eagle Parks, Recreation and Trails Mission Statement
2. Identification of short term and long term goals for City of Eagle Parks,
Recreation and Trails.
3. Level of service standards for short term and long term.
4. Operational policies which support defined mission and goals. Policies shall
address facilities, maintenance, recreation, cost recovery, and other identified
issues critical for growth and operations.
Task 2- Community Outreach and Public Participation
Deliverables:
1. Identification of stakeholders and database development
2. Public Outreach Plan
3. Outreach Materials and Public "e- volvement" plan
• Create project Facebook Page and Twitter Account
• Set up project "Constant Contact"
• Provide web content to the City of Eagle for upload to City's web page
• Provide public involvement presentation materials
4. Statistically Valid Survey
• Develop a survey
• Administer the survey- endeavor to collect a minimum of 400 responses
• Summary of survey results
5. User group input
• Interview identified stakeholders (up to 6 groups)
• Perform intercept survey at popular park locations
• Provide summary of findings
6. Public Workshops and Update Presentations
• (1) initial input meeting and (1) plan presentation meeting
• (2) updates at City Council and (2) updates at Planning and Zoning
• Plan meeting and notifications
• Conduct meeting
• Provide summary and findings
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7. Provide detailed summary of all public outreach activities
Task 3- Inventory of Existing Parks, Open Space, Trails, and Pathways
Deliverables:
1. GIS Inventory map which includes the following information
• Existing parks and trails with links to ownership deeds, development
agreements, and lease agreements.
• All ownership deeds to be provided by City personnel
• Park connectivity
• Inventory of Park Amenities
• Existing trails and pathways including greenbelts and Ridge to Rivers trail
systems
• Public School Properties and playgrounds
• Conservation Areas, Historic Assets, Federal and State Lands located within
city limits and area of impact
• Existing and known future planned community open space facilities including
Avimor and M3
Task 4- Service Area Assessments and Definition of Level of Service Goals
Deliverables:
1. A white paper on level of service assessments and recommendations. White will
be utilized in the development of the final Parks, Recreation and Trails
Comprehensive plan. This paper shall be reviewed and modified through a
collaborative effort with the City of Eagle leadership.
Task 5- Financial Evaluation
Deliverables:
1. A white paper on budget recommendations and funding strategies. White paper
will be utilized in the development of the final Parks, Recreation, and Trails
Comprehensive plan. It shall include:
• Assessment of current operating and capital improvement budgets, as well as
current revenue streams.
• Review of last 3 comprehensive Annual Financial Reports and city revenues.
• Long range financial forecast for region.
• Development of budget strategies, which focus on service area improvements
and growth trends.
• Develop /recommend creative funding strategies with potential to complement
current city budgets.
• Explore opportunities for public /private partnerships, impact fees, and current
levy rates.
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Develop a capital improvement plan based on revised service areas and
growth trends.
v This paper shall be reviewed and modified through a collaborative effort with
the City of Eagle leadership prior to implementation into final Parks Master
Plan.
Task 6- Park Classification System
Deliverables:
1. A classification system for parks and trails defined and integrated into the final
Master Plan document.
Task 7- Ongoing project management
1. As tasks for steps 1 -6 are being performed, each step shall be summarized in a
series of white papers that are based on data and inventory obtained throughout
the process.
2. White papers shall be presented to the appropriate interest groups, commented
on, and revised as directed through the public presentation process.
3. White papers, as well as relevant data and survey results shall be available to all
city staff and interest groups and will be provided to the city for web updates
upon request or at a minimum, monthly updates.
4. Provide meeting minutes from every public meeting
5. Provide updates bi- monthly to the Eagle City Council.
FINAL DELIVERABLES, FEES, AND SCHEDULE
Upon completion of all the identified tasks, The Land Group, Inc. shall provide the City
of Eagle with a final Parks Comprehensive Planning document, +/- 50 pages A max of
(6) hard copies shall be provided along with an electronic and editable copy in Adobe
Illustrator format.
The scope of services described above shall be performed under a contract with the City
of Eagle for a fixed fee of $80,000 within a timeframe of 9 -12 months.
EXCLUSIONS TO SCOPE OF SERVICES
The following tasks are specifically excluded from this fee and scope:
• Geotechnical investigation and soils report and field observations.
• Discovery or removal procedures for hazardous waste, subsurface debris, wells,
underground tanks,
Federally- listed species or archaeological artifacts
Topographic and boundary surveys
® Construction documents
Water rights review or application
o Construction Management Services
o Architectural facilities review
Architectural Design
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a Arbodst Report
m Entitlement application processing
• Permitting, plan checking, inspection and all other agencies fees
a Making revisions in drawings, specifications or other documents, or preparing
change order documents, when such revisions are due to causes beyond the
control of our firm
• Design revisions after securing Owner approvals to proceed. If design revisions
are requested, The Land Group will perform the additional services after receiving
written authorization.
REIMBURSABLE EXPENSES
Reimbursable expenses are not anticipated for this project. Any printing needs, beyond
final document printing, shall be handled by the city.
ADDITIONAL SERVICES
When specifically requested, work not described above shall be performed as additional
services in accordance with The Land Group, Inc.'s current Schedule of Rates.
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