HomeMy Public PortalAbout2022.02.24 McCall LS Agreement PROS Plan
Logan Simpson & City of McCall, Idaho Project No. 215613
Consultant Agreement
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CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made as of February 24, 2022, by and between the City of McCall, Idaho, (Owner), and Logan
Simpson Design Inc., an Arizona corporation, dba Logan Simpson (Consultant), for the Parks, Recreation, and Open
Space Master Plan.
In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES: Consultant’s Scope of Services (Services) to Owner shall consist of those tasks for the
Project described as Phase 1 in Attachment A (Scope of Services) dated February 8, 2022, which is attached and
made part of this Agreement.
2. COMPENSATION AND INVOICING:
A. For satisfactory performance of services, Owner shall pay to Consultant the not-to-exceed or lump sum
compensation of $99,998.
B. Consultant shall submit a progress report, if requested, and a monthly invoice for all work completed each
month as a percent-complete of the total fee. Owner shall pay Consultant within 30 days of the invoice date.
3. SCHEDULE: Services under this Agreement shall begin upon notice to proceed and be completed in
accordance with the agreed upon Project schedule and any subsequent revisions issued.
4. RESPONSIBILITY OF CONSULTANT:
A. Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all
designs, drawings, specifications, and other services furnished by Consultant under this Agreement.
Consultant shall, without additional compensation, correct or revise errors or deficiencies in its designs,
drawings, specifications, and other services when directed by Owner.
B. Neither Owner’s review, approval or acceptance of, or payment for, services required under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement, and Consultant shall be and remain liable to Owner
in accordance with applicable law for all damages to Owner caused by Consultant’s negligent performance of
any of the services furnished under this Agreement.
C. Consultant shall appoint an individual acceptable to Owner to serve as Consultant’s Project Manager and
primary contact for the day-to-day activities of Consultant under this Agreement. During the term of this
Agreement, Consultant shall be available for consultation at such times and at such location as Owner from
time to time may direct.
D. Consultant shall not make changes to key personnel designated in its proposal for the Project without
Owner’s prior approval which shall not be unreasonably withheld. Approval by Owner of any personnel or
subcontractor shall not relieve Consultant of its liability or responsibility for the proper performance of the
Services under this Agreement.
E. Consultant agrees to conduct its services hereunder in accordance with all applicable Federal and State
laws, regulations, and local ordinances. Consultant shall indemnify and hold Owner harmless from any and all
fines, penalties, costs, or liability arising from Consultant’s failure to comply with all applicable laws.
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Logan Simpson & City of McCall, Idaho Project No. 215613
Consultant Agreement
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F. Consultant represents and warrants to Owner that it is licensed and authorized, and holds required
permits (if applicable), to perform the services required by Attachment A in any jurisdiction covered by this
Agreement.
G. Consultant represents and warrants to Owner that it is and will remain free from conflicts of interest and
has not employed or retained any company or person, other than a bona fide employee, to solicit or secure
work under this Agreement.
5. REVIEW AND INSPECTION: Representatives from Owner are authorized to review and inspect Project activities
and facilities during Consultant’s normal business hours.
6. STANDARD OF CARE: Consultant represents that the Services performed by Consultant under this Agreement
shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by or under the
direction of members of Consultant’s profession currently practicing in the same locality as the Project under
similar conditions.
7. OWNERSHIP OF INSTRUMENTS OF SERVICE: All reports, drawings, specifications, computer files, field data,
notes and other documents and instruments prepared by Consultant as instruments of service shall become and
remain the property of Owner upon final payment to Consultant. Consultant shall not be responsible for the
unauthorized reuse or modification of its work product.
8. CHANGES IN THE WORK: At any time after execution of this Agreement, Consultant may identify, or Owner
may request or direct, changes in Consultant’s Services consisting of additions, deletions, and revisions within the
general scope of services being performed by Consultant under this Agreement. Whenever a change in the scope
and/or time for performance of services occurs, Consultant shall promptly notify and submit to Owner, within a
reasonable time, an estimate of the changes in cost and/or schedule, with supporting calculations and pricing.
Pricing shall be in accordance with the pricing structure of this Agreement. If an adjustment to Consultant’s time or
cost is justified, Owner will issue an addendum to this Agreement. Consultant shall not undertake any additional
work outside of its Scope of Services without prior written approval and authorization by Owner.
9. INDEPENDENT CONSULTANT: Consultant shall at all times be an independent contractor under this
Agreement with respect to performing services for Owner and is responsible for the means and methods used in
performing the Services. The employees furnished by Consultant to perform the Services shall be and are
Consultant’s employees exclusively, and shall be paid by Consultant for all services in connection with this
Agreement. Consultant shall be responsible for all payments, obligations and reports covering Social Security,
Unemployment Insurance, Workmen’s Compensation, Income Tax and other reports and deductions required by
any applicable State, local or Federal law.
10. CONFIDENTIALITY:
A. In the performance of the Services, Consultant may acquire confidential information from Owner.
Consultant shall not disclose to anyone not employed by Owner, nor use except on behalf of Owner, any such
confidential information acquired in the performance of the Services except as authorized by Owner in writing
and, regardless of the term of this Agreement, Consultant shall be bound by this obligation until such time as
said confidential information shall lawfully become part of the public domain. Information regarding all
aspects of Owner business and information concerning the Services (either directly or indirectly acquired by
Consultant, its agents or employees or developed by Consultant, its agents or employees in the performance
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of the Services) shall be presumed to be confidential except to the extent that same shall have been published
or otherwise made freely available to the general public by Owner without restriction. Notwithstanding the
foregoing, Consultant may disclose confidential information if required by law or court order.
B. Consultant agrees that all tangible, as well as intangible forms of Owner confidential and proprietary
information which Consultant acquires pursuant to this Agreement shall be safeguarded with the same degree
of control and care as a reasonably prudent and similarly situated Consultant would exercise with respect to
his or her own similar property and shall be returned to Owner upon request.
11. INDEMNIFICATION: Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless
Owner, its officers, directors and employees, against all claims, damages, liabilities or costs, including reasonable
attorneys’ fees and defense costs, incurred in connection therewith, resulting from, or arising out of the negligent
acts, errors or omissions of Consultant, its subcontractors, or anyone else for whom Consultant is legally liable, in
the performance of Consultant’s services under this Agreement. Consultant shall not be obligated to indemnify
Owner in any manner whatsoever for Owner’s own negligence. In no event shall Consultant’s liability exceed the
amount of its available insurance proceeds.
12. INSURANCE:
A. Consultant shall take out and maintain at its sole cost and expense the insurance coverage for this
Agreement as set forth herein. All such insurance policies shall be provided by insurance companies having an
A.M. Best’s ratings of A- VII or greater.
1. Workers’ Compensation Insurance in accordance with the statutory requirements of the states in
which the Services are performed.
2. Commercial General Liability Insurance in a broad form and in an amount not less than One Million
Dollars ($1,000,000) aggregate and per occurrence. This policy will provide coverage for personal and
bodily injury, including death, property damage, and contractual liability.
3. Automobile Liability Insurance with a combined single limit of not less than One Million Dollars
($1,000,000) per occurrence and in aggregate covering Consultant’s liability for death, bodily injury
and property damage resulting from Consultant’s activities for the use of owned, hired and non-
owned vehicles.
4. Professional Liability Insurance including errors and omissions in an amount not less than One Million
Dollars ($1,000,000) per claim and in the aggregate.
B. Evidence of all such required coverage shall be provided on an insurance certificate prior to beginning
work on the Project. Renewal certificates will be provided to Owner prior to expiration of the current
policies.
C. Owner may immediately, and without notice, have all compensation withheld or suspended, suspend
Consultant from providing further Services, or terminate Consultant from this Agreement for any lapse in
coverage or material change in coverage which causes Consultant to be in noncompliance with the
requirements of this section.
D. Consultant shall require its subcontractors to indemnify Owner on the terms required by this Agreement
and shall include Owner, and its respective officers, directors, agents and employees as additional insureds on
the General Liability and Automobile Liability insurance certificates. Consultant’s coverage shall be deemed
primary insurance to any similar insurance maintained by Owner.
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Logan Simpson & City of McCall, Idaho Project No. 215613
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E. Consultant shall include a Waiver of Subrogation in favor of Owner on the Worker’s Compensation,
General Liability, and Automobile Liability insurance certificates.
13. RECORDS RETENTION AND MAINTENANCE: Consultant shall keep and maintain all books, papers, records,
accounting records, files, accounts, expenditure records, reports, cost proposals with backup data and all other
such materials related to the Agreement and other related project(s) for a period of five (5) years following the
completion of the project.
14. TERMINATION:
A. Owner may, by written notice to Consultant, terminate this contract in whole or in part at any time, for
any reason whatsoever. Upon receipt of such notice, Consultant shall: 1) immediately discontinue all services
affected (unless the notice directs otherwise), and 2) deliver to Owner all data, drawings, specifications,
reports, estimates, summaries, and such other information and materials as may have been accumulated by
Consultant in performing this contract, whether completed or in process.
B. Owner shall pay Consultant for all work satisfactorily performed prior to the effective date of termination
plus reasonable termination costs and expenses.
C. Owner may suspend Consultant’s Services for such period of time as Owner deems necessary. If such
suspension is for Owner’s convenience, Owner will issue a change order in accordance with Section 8.
D. The rights and remedies of Owner provided in this section are in addition to any other rights and remedies
provided by law or under this Agreement.
15. DISPUTES: If any dispute arises out of or relates to this Agreement, or the breach thereof, if the dispute
cannot be settled through direct discussions by the representatives of the Parties, the Parties agree to mediation
using a commercial mediation service available in Idaho or mediators based in Idaho. Any dispute that cannot be
settled by direct negotiation or mediation shall be litigated in state or federal court in Idaho with venue in Valley
County.
The prevailing party in any legal action between the parties herein shall be entitled to recover reasonable
compensation of its attorney’s fees and all costs incurred in such an action. The determination of the prevailing
party and the amount of compensation to be awarded to that party shall be made by the judge or arbitrator who
decides the claim, dispute or other matter. Interest shall also accrue and be payable on all liquidated, non-
contingent sums at the highest rate permitted by law from the date such sums became due and payable.
16. NON-SOLICITATION: During the term of this Agreement and for two years following the termination or
expiration of the Services performed under this Agreement, either Party shall not, without prior written consent
directly solicit or employ, whether as an employee or independent consultant, any employee of the other Party.
17. SUCCESSORS AND ASSIGNS: Consultant shall not subcontract any part of the Services without prior written
consent of Owner. Neither Consultant nor Owner shall assign any financial interest or right in this Agreement,
including assignments resulting from a merger or acquisition, without both Parties’ prior written consent which
shall not be unreasonably withheld.
18. AFFIRMATIVE ACTION: Consultant shall also comply with all federal, state, and local laws, rules, ordinances
and decisions, and executive orders dealing with affirmative action and nondiscrimination in employment and with
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Logan Simpson & City of McCall, Idaho Project No. 215613
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subcontracting to disadvantaged, and to minority owned, and to woman owned businesses. In addition, Consultant
shall comply with all policies, plans and procedures Owner may have with respect to these matters. All required
federal clauses are incorporated herein by reference as if fully set forth.
19. ANTI-BOYCOTT AGAINST ISRAEL ACT (Idaho Code 67-2346). Within the meaning of the terms as defined in
Idaho Code 67-2346, Logan Simpson certifies that it is not currently engaged in, and will not for the duration of this
Agreement engage in, a boycott of goods or services from Israel or territories under its control.
20. SEVERABILITY AND SURVIVAL:
A. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and
all remaining provisions shall continue in full force and effect.
B. Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and
obligations of the parties to this Agreement shall survive such completion or termination and remain in
full force and effect until fulfilled.
21. GOVERNING LAW: This Agreement, and any claim or dispute between the parties to this Agreement, shall be
governed by the laws of the State of Idaho.
22. ENTIRE AGREEMENT: This Agreement together with the Attachments identified herein constitutes the entire
Agreement between Owner and Consultant and supersedes all prior written or oral understandings. This
Agreement and said Attachments may only be amended, supplemented, modified or cancelled by a duly executed
written change order document.
IN WITNESS HEREOF, Owner and Consultant have executed this Agreement as of the date first above written.
FOR OWNER: FOR CONSULTANT:
City of McCall, Idaho Logan Simpson Design Inc.
An Arizona corporation
___________________________________ __________________________________
Robert S. Giles Jana McKenzie, FASLA, LEED-AP
Mayor Principal
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SCOPE OF WORK
February 8, 2022
Our proposed work plan is organized in three phases that span approximately 14 months, from April 2022 to May 2023,
which is beneficial to maintain momentum and visibility, and to avoid meeting and communication fatigue. The process
with cover two phases with four tasks.
Phase 1 – FY 2022
Task 1 – Foundation
Task 2 – Community Needs and Choices
Phase 2 – FY 2023
Task 3 - Recommendations
Task 4 – Master Plan
The first two phases can be accomplished with current funding with Phase 3 occurring in the next fiscal year. The phases
and tasks are described below.
TASK 1 - FOUNDATION
This phase documents existing documents, conditions of assets, PRD services and programs, and funding, forming a
strong base from which to assess needs, explore alternatives, and develop recommendations.
Project Management and Coordination
Conduct succinct biweekly coordination calls with the project manager, conduct monthly project team calls, coordinate
Logan Simpson staff efforts, and track budget and schedule to ensure quality and effective management to meet Staff
expectations. Monthly progress reports will be included with all invoices, clearly outlining the tasks completed during that
month. Conduct project kick-off meeting to understand project needs, schedule, and communication between project
management team.
Public Engagement Plan
Develop a summary memorandum that outlines meetings and public engagement activities; PRAC, City Council, and
County involvement; participants; objectives; dates; notification methods; and responsibilities between Logan Simpson
and PRD staff. Staff, with additional help from PRAC, will be responsible for complete public meeting notification
distribution (through existing programming and events), venue reservations, refreshments, and printing as needed.
Data Collection, Document Reviews and Audits, and Base Mapping
Collect relevant GIS and other data and review approved and pending plans and documents related to this planning effort,
review program participation data, and create a base map in GIS with key data layers provided by PRD. Assist staff in
review of the existing PROS Plan to highlight needs for future updates and summarize accomplishments. Evaluate existing
policies and approval processes regarding usage of waterfront and upland parks and sidewalks/pathways such as
business concessions, private events, alcohol, drones, vaping, dogs, e-bikes, etc.
Existing Conditions, Trends, and Community Characteristics
Document existing facilities and assets, summarize local, state, and national recreational trends, review trends in use of
facilities, and compile demographic and growth information. Map residential areas, known historic sites, vacant lands,
Attachment A
steep slopes, vegetation types, and sensitive environmental resources. Include a brief review of the history of the area and
document significant sites and stories that could be told.
Site Tour and Public Outreach Series #1 & Needs Survey
Tour sites with staff, conduct visioning worksession with PRAC, conduct focus group/stakeholder interviews including City
Council members, and conduct a public event/workshop to solicit input and ideas. We will create a survey that is
specifically tailored to the questions that are most pertinent, like “What do you do?”, “Are there barriers to participating
more?”, “What should be improved”, and “What is missing in the community?”.
Park and Pathway Inventory and Assessment
Summarize the existing system in tables that list amenities and facilities as well as condition of those facilities. Calculate
level of service for key recreational facilities (e.g. sports fields, pickleball courts, play areas, skate parks, etc.) based on
numbers provided per 1,000 population. Calculate staffing numbers and budgets per 1,000 population and/or acres
maintained.
Recreation Program and Services Inventory and Assessment
Summarize the suite of programs currently offered and participation rates over the past five years as well as where the
program occur (e.g. schools or other facilities) and denoting seasonality on participation. Document service functions that
PRD performs, such as holiday lighting, grounds maintenance, etc.
Current Funding and Capital Improvement Program Review
Review the PRD budget and summarize sources and quantities of funding and major expenditure categories. Summarize
the major and minor investments (CIP) over the last five years.
PHASE 1 DELIVERABLES:
Meeting agendas, presentation, plans, and other materials
Meeting facilitation and summaries
Website notifications and materials for staff to post on City’s website and media distribution
Materials for use at in-person events
Monthly progress reports
Summary memoranda and base map
Existing conditions mapping
TASK 2 - COMMUNITY NEEDS AND CHOICES
This phase documents the desires of the community, evaluates walkable access to recreational opportunities, documents
gaps in service (quality and quantity), defines the preliminary vision, goals, and objectives, and explores alternatives on
how to fill gaps and achieve the stated goals.
Level of Service and Gap Analysis
Level of service standards is a measure of the population served per recreational facilities and park amenities. We will
identify opportunities that exist to improve the level of service in underserved areas, or to capitalize upon open space or
land resources that have possibilities to enhance the outdoor recreation environment in McCall, including trails and
pedestrian/bicyclist connections. Additionally we will factor in state and USFS recreation amenities that contribute to the
community's quality of life. We will analyze the distribution of parks and recreation facilities to determine their existing
level of service and evaluate the equitable access and location, and to help identify future park, recreation, open space,
and trail resources. Level of service is not simply
a determination of “how much” there is of park and recreation facilities, but how well they serve residents.
10-minute Walkability Analysis & Map
A 10-minute walk is a distance that ensures community residents access to parks, trails, and open spaces. Barriers to
walking to these recreational opportunities (e.g., major roads, railroads, rivers, disconnected road systems) will be
identified and mapped and initial ideas on how to improve access will be explored. Sidewalk and connectivity analysis that
Logan Simpson conducted in the transportation master plan will be incorporated.
Needs Assessment Summary
We will prepare a memorandum that summarizes the complete findings of the needs assessment.
Preliminary Vision, Goals, and Objectives
From the input received to date, we will develop a vision statement for McCall, define goals, and outline objectives, which
will serve as the policy basis for the development of recommendations.
Park Improvement and Program Choices
Specific projects will be identified, and budgetary costs developed for consideration in a Capital Improvements Plan.
Recommendations for adjustments to the programs that are offered will be discussed and refined based on input from all
stakeholders.
PRAC Meeting #2 (Virtual)
We will support staff and facilitate a worksession with the PRAC to present findings and strategize ways to improve levels
of service for the community.
Preliminary Policy Recommendations
We have extensive experience with sustainability and design for resiliency and will provide guidance regarding
environmental best practices to inform McCall’s Climate Action Plan. In addition to policies that may be related to fees,
development practices, park design standards, level of service, and maintenance practices, we will evaluate existing
policies and approval processes regarding usage of waterfront and upland parks and sidewalks/pathways such as
business concessions, private events, alcohol, drones, vaping, dogs, e-bikes, etc. and make recommendation regarding
revisions.
Preliminary Development Code Recommendations
We will review the City development code and recommend any necessary changes to align policies with desired outcomes.
PHASE 2 DELIVERABLES:
Existing Walkability and Level of Service Map
Needs Assessment Summary, which includes programs and services assessments and all analyses and findings.
Preliminary Vision, Goals, and Objectives
Summary of Community Priorities and Preliminary Recommendations
Meeting plans, materials, facilitation, and summaries
Website notifications and materials support for staff to post on City’s website and media distribution
TASK 3 – RECOMMENDATIONS
Finalize Vision, Goals, and Objectives
The preliminary version of this document will be refined, and policy statements added as appropriate.
City Council Update and PRAC Meeting #3
We will support staff and facilitate a virtual worksession with the PRAC to present the concept plans, final vision, goals,
and objectives, and preliminary policy and code recommendations. An update presentation will also be provided virtually
to City Council to update them on project process and vet policy and code recommendations.
Public Outreach Series #2
Stakeholders and the public will have the opportunity to review and provided feedback via an online questionnaire on
materials developed to date. Digital maps could be prepared to allow participants to zoom into recommendations. A virtual
public meeting will be held to highlight key aspects of the draft plan and gather momentum for public support.
Finalize Programs and Systemwide Recommendations
Preliminary recommendations that were vetted in Phase 2 will be refined and a set of recommendations developed for all
aspects of the PRD system.
Priorities, 10-year CIP, and Funding Recommendations
Prioritization criteria will be defined, high priority projects identified, and a list of CIP projects developed. Funding
recommendations will be based on current sources as well as potentially new revenue streams, such as non-profit, state,
and federal grants, or local taxes.
Based on workshops with the public, staff, and the SAC, priority projects and actions, a 10-year plan for capital investment,
and funding strategies will be identified. The projects and specific actions that may involve staff, other agencies, or
partners will be arrayed in a summary table, that includes the goals that they meet if implemented, and the costs associated
with their implementation. We envision categorizing the list into short range (1-2 years), mid-range (2-5 years), long range
(6-10 years), and future actions/projects, which can then be translated into the City’s Capital Improvement Program over
the years. Strategies for implementation and potential funding sources will be identified and summarized.
Development Code Recommendations
We will outline potential modifications to McCall’s land use code.
This phase of the project extends beyond current 2022 funding and finalizes the PROST master plan.
TASK 4 – MASTER PLAN
Implementation Action Plan
A matrix of projects and actions will be prepared that summarizes each and that identifies who is responsible for advancing
or implementing the recommendation.
Administrative Draft PROST Plan
Utilizing previously developed memos, maps, and materials, an initial draft of the plan will be formatted prepared for
internal review by McCall staff and refined.
PRAC Meeting #4
We will assist staff in conducting and workshop with PRAC to receive comments on the initial draft of the document.
Public Draft PROST Plan
Based on consolidated comments and direction from McCall staff, we will refine the document for review and comment by
the public.
Public Outreach Series #3
Stakeholders and the public will have the opportunity to review and provided feedback online on the draft. A virtual public
meeting will be held to highlight key aspects of the draft plan and gather momentum for public support. Staff and PRAC
will complete notifications. Comments received on the Draft Plan will be tracked, reviewed, and incorporated as
appropriate after Staff review.
Final Plan and Approvals (PRAC and City Council adoption Virtual)
The final document will be easy to read and navigate and graphically compelling. The final draft will be presented to PRAC
and City Council for approvals. After approval, prepare adopted plan for posting to the website.
PHASE 4 DELIVERABLES:
Admin Draft, comment response, and edits
Public Draft, comment response, and edits
Online review and comment forum
Final Draft, comment response, and edits
Finalized Plan PDF document and associated native files in InDesign, MXDs, Illustrator, etc.
Meeting plans, materials, facilitation, and summaries
Website notifications and materials for staff to post on City’s website and media distribution
OPTIONAL TASKS
Cultural/Historic Interpretation Strategy
The cultural and historic fabric of McCall will provide the basis for recommendations for education and interpretation, as
described in Phase 1. The initial map that describes opportunities for interpretation will be refined and a set of
recommendation developed to outline a strategy for implementing a city-wide program.
Preliminary Concept Plans and Cost Estimate
We will develop conceptual plans for three sites that represent the best ideas and expressed needs by residents. Budgetary
cost estimates will accompany the plans. After receiving direction from staff, these plans will be refined for presentation
to the community for feedback.
Finalize Concept Plans
We will refine the conceptual plan for the three sites, describe those improvements in text, and develop budgetary cost
estimates