On August 19, Frank Orzell submitted an article to the My Turn column and suggested that the terms of the contract with Miller/Stauffer for the McEuen Park plan have not been satisfied. That was not an accurate statement; the terms of the agreement have been completely satisfied. He goes on and makes reference to an estimate to create Design/Construction/Bid Documents and an estimate of Project Administration and a Reconstruction time line. He states that none of this was delivered and therefore the contract was not completed. In a meeting I had with Frank Orzell several weeks ago to help him understand the process he told me that he had attended the public meetings when Team McEuen presented the plans. At those meetings, particularly the 3rd public meeting and the Open House at the CDA Library, those alleged non-delivered items were presented at those meetings. Not only did Team McEuen deliver the information to the City, but also presented them to the visiting public.

Team McEuen did an excellent job of defining each of the above elements that Frank Orzell commented on as not being delivered. The McEuen Park project was presented 'a la carte,' meaning that the costs for construction, bidding and administration were built into the costs of each amenity within the park. I will give you an example of an 'a la carte' amenity using the Centennial Trail as the example. The Centennial Trail improvement through the park was estimated to cost $542,400.Within that cost, Team McEuen broke down that number to show the storm water plan, project management, permitting, environmental services, topographic survey, design phase services, sub consultants, reimbursable expenses, bidding phase, and construction services. The actual cost of construction of the trail is $424,400 and the design services (all inclusive) would be $118,000 equaling the $542,400 for the Centennial Trail. There are no additional costs associated with the park development; every cost was identified.

We are currently examining all of the associated costs before we enter into a design/construction agreement. We will be excluding some construction document costs and reducing other costs that may not be necessary with each park amenity. Excluded costs will certainly involve amenities that are not part of phase I.

Frank Orzell goes on to state that the boundaries were clearly set and did not include Tubbs Hill, Front Avenue West, Third Street and Fourth Street. The scope of services in the contract included the Seven Value Statements adopted by the City Council in 2002. The consultant team (Team McEuen) and the McEuen Park Steering Committee confirmed those values and therefore they were a large part of the scope of services and clearly spelled out in the contract. Those value statements in the contract included: 1. Recognize the value of the public-owned space and encourage improvement in accessibility and usability by and for the citizens.

2. Promote and enhance open space. 3. Encourage greater use of downtown public space for the community.

4. Recognize the value of vistas and views. 5. Ensure the replacement of any displaced facilities with equal or better facilities.

6. Explore possibilities in creating a community gathering place. 7. Link the downtown to the waterfront.

These value statements direct Team McEuen and the steering committee to link the park to surrounding areas. Frank Orzell goes on to say that no certified estimate of work completed could be produced. We make 'progress payments' based on the work completed. I personally review every payment request and if I should have a question of progress completion I would talk to the consulting firm and/or members of the steering committee. Team McEuen and the steering committee met every other Thursday for many months. Team McEuen and various members of the steering committee met weekly as the project progressed. Team McEuen submitted their estimates for progress payment showing the exact percentage of work completed to that date including contract amount, amount paid to date and amount owed.

He also makes a reference to the work performed by the consultants going beyond the 180 days specified in the contract. Every contract that we have with anyone has a time line for completion.We also recognize that there are many issues or circumstances that can pop up for consultants or contractors that are no fault of their own. Weather is a big factor for contractors working outdoors in the spring and winter. In this case, Team McEuen was asked by many groups and organizations to present the park concept to them which took the required contract meeting number from 10 to over 50 meetings. That required more of their time to meet those requests. Team McEuen did not charge for the extra time and work. From the City's standpoint, we would not penalize them for not meeting the deadline when it was us and the community asking them for more of their time.

Doug Eastwood is the City of Coeur d'Alene parks director.