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Consultant - 2017 - Alta Planning & Design, Inc Trails Master Planning - 2/28/2017CITY OF EAGLE TRAILS MASTER PLANNING AGREEMENT This City of Eagle Parks, Recreation and Trails Master Planning Agreement ("Agreement") is entered into this iqg day of l bemu , 2017 (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 Alta Planning + Design, Inc. ("Consultant"), whose address is 711 SE Grand Avenue, Portland, Oregon 97214. 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 June 30, 2018, at which time a Final Draft of the Trails Master Plan will be completed. 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 $53,610.00. 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. 5. Indemnification. To the extent allowed by law, Consultant agrees to indemnify and hold harmless City, and its officers, agents and employees, from and against any and all claims, CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 1 of 8 losses, actions, or judgments for damages or injury to persons or property arising out of any negligent act, error or omission of Consultant, Consultant's agents, employees, or representatives under this Agreement. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the City and Consultant, they shall be borne by each party in proportion to its negligence. 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. Insurance. Consultant agrees to obtain and keep in force during its professional services under this Agreement comprehensive liability insurance in the minimum amount of $1,000,000 which shall name and protect Consultant, all of Consultant's employees, the City, its elected and appointed officers, agents, and employees, from and against any claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with Consultant's negligent acts, errors or omissions. Consultant shall provide proof of liability coverage as set forth above to City before commencing its performance as herein provided and shall notify the City ten (10) days prior to cancellation of said policy. 8. 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. 9. Governing Law. This Agreement shall be governed by and construed according to the laws of the State of Idaho. 10. 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 party. 11. 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. 12. 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. 13. 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. CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 2 of 8 14. Proarietary 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 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. 15. 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. 16. 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. 17. 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 Alta Planning + Design, Inc. City of Eagle 711 SE Grand Avenue 660 E. Civic Lane Portland, OR 97214 Eagle, ID 83616 18. 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. CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 3 of 8 19. 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 ALTA PLANNING + DESIGN, INC. By: Stan Ridgeway, Mayo i ATTEST: ft. K Sharon K. Bergmann City Clerk/Treasurer By: Carolyn Sullivan Its: Vice President, as duly authorized CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 4 of 8 ATTACHMENT A SCOPE OF WORK CITY OF EAGLE TRAILS MASTER PLAN CONSULTANT The Consultant will work under the direction of the Parks and Recreation Department Director and other City staff in developing a Trails Master Plan for the City of Eagle, Idaho. The Consultant will also need to work with National Parks Service and various local interest and user groups. The Parks & Recreation Department will assist the Consultant by providing direction, data, and logistical and other support, as available to facilitate performance of the Scope of Services. Position responsibilities: • Review the 2015 Eagle Comprehensive Plan Resolution No. 15-01 and 2015 Draft City Wide Park Master Plan; • Organize monthly meetings for the Steering Committee and appropriate members of the Ex -Officio Committee; • Communicate updates and information as needed to the Steering Committee, Technical Committee, and other stakeholders; • Prepare a community outreach strategy and conduct the community outreach process; • Develop work plan detailing the community outreach strategy and timeline; • Review existing trails and trail facilities and generate a list of trail definitions that include classification type and a general description. Potential trail classifications include, but may not be limited to, Paved Greenbelt, Unpaved Greenbelt, Hiking, Singletrack, Downhill Only (bike), Motorized, Non -motorized, and River; • Identify all existing pathways and trails in surrounding areas which are accessible by City of Eagle residents or for which provisions should be made to extend through the City's planning area in the future. These include greenbelt pathways along the Boise River extending from Garden City, State of Idaho Eagle Island State Park, City of Boise Ridge to Rivers trails and others which might be identified; • Identify areas of the city that are adequately served now or are lacking needed specific trails and/or amenities to serve the current population; • Identify areas that are expected to adequately serve the projected population or not expected to serve the needs of the current and projected population (functionally obsolete); CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 5 of 8 • Identify drainages, irrigation canals and ditches where potential development of pathways and trails might occur; • Identify major traffic arterials with bike lanes, pathways and other infrastructure for non - motorized traffic; • Develop a profile of prospective trail users by surveying citizens to determine how they would ideally use and access the City's trails system; • Review historical budgets allocated to City Parks and Recreation Department and identify deficiencies (if any) in resourcing for existing trails and functions relative to best practices and demand; • Define levels of service provided for existing trails based on current funding structure (current conditions). Based on this analysis, determine level of service options to support future growth. Identify where: (1) current levels of service can and should be supported by current maintenance cost funding structure; (2) levels of service can/should be reduced; and (3) levels of service can/should be increased; • Provide a per -resident and per -user cost breakdown of current and future trails and trail facilities costs; • Interview City Council Members and Parks and Pathway Development Commission members (PPDC) individually; Proiect deliverables: • Update inventory of existing public trails, within the City of Eagle's proposed Comprehensive Planning Area; • Map with all public trails identified within the City's current comprehensive planning area. Due to scale, smaller maps with larger scales will need to be developed to provide greater detail in certain areas of the comprehensive planning area; • Database with list of all public trail amenities; • Existing Needs Assessment Map; • Future Needs Assessment Map; CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 6 of 8 • Capital Improvement Plan. Prioritize trail and open space needs and include cost opinions for each; • Operating Cost Model. Provide a recommended operation and maintenance budget for various levels of service which may be adopted by the City. This plan should include a life cycle and cost replacement model for elements to be installed in the trail system. • Provide and coordinate quarterly reports to the City Council and the PPDC in person, and to the City of Eagle Staff for it's webpage to be added by the City staff. This will include but is not limited to project schedule, meeting minutes/notes and chronology of events. • A draft of a Trails Master Plan for the process of approval and public review by May 22, 2018; • A final draft of completed Trails Master Plan by June 30, 2018. Final Deliverables, Fees and Schedule • Upon completion of all the identified tasks, ALTA PLANNING + DESIGN, INC. shall provide the City of Eagle with a final Trails Master Plan. Six (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 $53,610.00. 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; • Construction Management Services; • Architectural facilities review; • Architectural Design; • Arborist Report; • Entitlement application processing; • Permitting, plan checking, inspection and all other agencies fees; CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 7 of 8 • Making revisions in drawings, specifications or other documents, or preparing change order documents, when such revisions are due to causes beyond the control of Contractor's firm; • Design revisions after securing Owner approvals to proceed. If design revisions are requested, ALTA PLANNING + DESIGN, INC. will perform the additional services after receiving written authorization. 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 Additional Services When specifically requested, work not described above shall be performed as additional services in accordance with ALTA PLANNING + DESIGN, INC. current Schedule of Rates. END OF ATTACHMENT A CITY OF EAGLE PARKS, RECREATION AND TRAILS MASTER PLANNING AGREEMENT Page 8 of 8 Client#: 8.)..415 f,._ fAPLAN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Northwest 700 NE Multnomah, Suite 1300 Portland, OR 97232 503 224-8390 INSURED Alta Planning + Design, Inc. 711 SE Grand Avenue Portland, OR 97214 NAMEACf Karen Barry PHONE 503 224-8390 E-MAIL No. Ext): ADDRESS: karen.barry@usi.biz INSURER(S) AFFORDING COVERAGE INSURER A: Charter Oak Fire Insurance Comp INSURER B : Travelers Property Cas. Co. 1 INSURER C: Travelers Indemnity Company 1 INSURER D : SAIF Corporation 1 INSURER E : Zurich American Ins. Co. Ira...), 610 362-8130 1 INSURER F: Continental Casualty Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NAIC # 25615 25674 25658 36196 16535 20443 SUBR LTR TYPE TYPE OF INSURANCE INSRL WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY 68086259484 B CLAIMS -MADE X OCCUR 68086259331 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT OTHER: E AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED _ AUTOS X HIRED AUTOS C X X LOC SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE DED 1 XI RETENT ON $10000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E OFFICERR/MEMBER PROPRIETOR/PARTNER/EXECUTIVE Y / N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below F Professional Liability N N/A BA7A574417 POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) D7/01/2016 07/01/2017 EACH OCCURRENCE 07/01/2016 07/01/2017 POVI i s AEaE QED nce) LIMITS 07/01/2016 07/01/2017 CUP8B259933 D7/01/2016 771940 8997892 WA Stop Gap -EL OH Stop Gap -EL MCH114135257 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 07/01/201 /I EACH OCCURRENCE IAGGREGATE D9/01/2016 09/01/201 X D9/01/2016 09/01/201 PER OTH- R D7/01 /2016 07/01/2017 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 2,000,000 $1,000,000 $10,000 $ 2,000,000 $4,000,000 $4,000,000 $1,000,000 $ $ $5,000,000 $5.000,000 $1,000,000 $1,000,000 $1,000,000 $4,000,000 Per Claim $4,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project # & Name: 00-2017-009 Eagle, ID Trails Master Plan Certificate Holder is an Additional Insured for General when required by a written contract or agreement and to extent as provided by attached endorsement CGD3810907. CERTIFICATE HOLDER CANCELLATION City of Eagle ID 660 E. Civic Lane Eagle, ID 83616 ACORD 25 (2014/01) 1 of 1 #S20109291/M18527193 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mat. Sd - ©1988-2014 ACORD CORPORATION. All rights reserved. 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