Service Solicited - 2007 - Alta Planning & Design, Inc - Park & Pathway Master PlanSERVICES CONTRACT FOR THE DEVELOPMENT OF
A PARK AND PATHWAY MASTER PLAN
AGREEMENT made effective as of the a;% day of ,,-- 2007, by and between the
City of Eagle, a municipal corporation, located at 660 E. Civic Lane, Eagle, ID 83616, referred
to as the "City" and Alta Planning & Design, Inc., located at 123 Main Street, Boise, Idaho,
referred to as the "Alta".
WITNESSETH, that the parties hereto for the consideration herein named, do mutually
agree as follows:
1. Statement of Work: Alta shall perform the work described herein for the consideration
stipulated, and in compliance with applicable law. The services to be provided shall be as set
forth in Exhibit "A", City of Eagle Scope of Services, attached hereto and by this reference made
a part hereof.
2. Amount of Contract: The contract is in an amount not to exceed TEN THOUSAND SIXTY
DOLLARS ($10,060.00).
3. Term of Contract: The work to be performed under this contract shall commence upon
�k-r. / , ,.?tom'% and shall be completed within one year after award date, a period of twelve
(12) months. The City may, at its discretion, provide an extension of time upon receiving a
written request explaning the need for such extension.
4. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as follows:
Entity: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Alta:
Either party may change their address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
5. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction.
Services Contract for the Development of a Park and Pathway Master Plan
6. Assignment: It is expressly agreed and understood by the parties hereto, that Alta shall not
have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement
except upon the prior written express consent of the City.
7. Discrimination Prohibited: In performing the Services required herein, Alta shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age or physical handicap.
8. Compliance with Laws: In performing the scope of services required hereunder, Alta shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local governments.
9. Changes: The City may, from time to time request changes in the scope of work to be
performed. Such changes, including any increase or decrease in Alta's compensation which are
mutually agreed upon by the City and Alta, shall be incorporated in written amendments to this
Agreement.
10. Termination for Cause: If, through any cause, Alta shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if Alta shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to Alta of such termination and specifying the
effective date thereof at least fifteen (15) days before the effective date of such termination . If
this Agreement is terminated for cause, Alta shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, Alta shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this agreement by Alta, and the City may
withhold any payments to Alta for the purposes of set-off until such time as the exact amount of
damages due the City from Alta is determined. This provision shall survive the termination of
this Agreement and shall not relieve Alta of its liability to the City for damages, provided that the
amount of such damages shall not exceed the total compensation provided for in Section 2 of this
Agreement.
11. Payment: PAYMENT SCHEDULE FOR SERVICES: Alta shall bill the City on a periodic
basis, but not less than monthly.
12. Entire Agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous to
the execution hereof or contemporaneous herewith.
13. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
14. Approval Required: This Agreement shall not become effective or binding until approved by
the City.
Services Contract for the Development of a Park and Pathway Master Plan 2
15. Indemnification and Insurance: Alta shall indemnify and save and hold harmless the City
from and for any and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses caused or incurred by Alta, its servants, agents, employees,
guests, and business invitees, and not caused by or arising out of the tortuous conduct of the City
or its employees. In addition, Alta shall maintain and specifically agrees that it will maintain,
throughout the terms of this Agreement, liability insurance, in which the city shall be named an
additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in
Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of
the covenants to indemnify, save and hold the City harmless from and for all such losses, claims,
actions, or judgments for damages or liability to persons or property. Alta, shall provide the City
with a Certificate of Insurance, or their proof of insurance evidencing Alta's compliance with the
requirements of this paragraph and file such proof of insurance with the City. In the event the
insurance minimums are changed, Alta shall immediately submit proof of compliance with the
changed limits.
Additionally, Alta shall maintain Workers Compensation Insurance regardless of the number of
employees, or lack thereof, in the statutory limits as required by law. It is mutually agreed and
understood by the parties that Alta and Alta's employees, agents, servants, guests and business
invitees, are acting as independent contractors and are in no way employees of the City.
Evidence of all insurance shall be submitted to the City.
IN WITNESS WHEREOF, the City and Alta have executed this Agreement as of the date
first above written.
ALTA PLANNING + DESIGN, INC. CITY OF EAGLE
Ada County, Idaho
By
By: George Hudson, Principal Naz
ATTEST:
IL V,
Sharon K. Bergmann, City Clerk
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Services Contract for the Development of a Park and Pathway Master Plan
CITY OF EAGLE SCOPE OF SERVICES DRAFT
PARKS AND PATHWAYS MASTER PLAN PHASE 1 PLANNING
The Alta team has identified the following tasks for the basis of a Time and Materials
contract with the City of Eagle to accelerate the planning process. We have developed this
based on meeting with the City Public Works Director and two members of the City Parks
and Pathways Advisory Committee.
Task 2: 2.1 Data Collection
This work will involve obtaining copies of relevant documents and plans, as well as all
pertinent GIS and CAD information for the City of Eagle.
Estimated time/fee: 70 hours/$6920.00
Task 3: 3.1 Development of a Public Involvement Process Plan (PIP)
Alta's public process is tailored to build consensus and support for the Parks & Pathway
Plan. Meetings will be used to present updates and receive feedback as per the direction and
strategy of work on the project. The City of Eagle Parks and Pathway Committee (ad hoc
committee) will assist and guide us with providing a solid foundation from which to build
the plan.
At the meeting with the Director of Public Works and members of the Parks and Pathway
Committee on June 20, there were several individuals and organizations identified. These
included, the School District, the Chamber of Commerce, the YMCA, the Landing (youth
programs), Homebuilders Association, major developers (Avamore and M3), Homeowners
Associations, North Ada County Foothills Association, Eagle Sewer District, Irrigation
Districts, Chevron (re: trail easements over their pipelines), Idaho State Parks, Rivers to
Ridges, Ada County Parks.
This will be presented to the Parks and Pathways Committee at its August 15 Meeting.
Estimated time/fee: 32 hours/$3140.00
Total: 102 hours / $10,060.00