HomeMy WebLinkAbout17- Professional Services Agreement - Peaks to Plains Design, PC - Parks and Trails District Feasibility StudyPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 4jQi ,"day of k yty , 2017, by
and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as "City," and Peaks to Plains Design, PC, whose address is 404 N. 3151 Street, Suite 405,
Billings, MT 59101, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as "Exhibit A" and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and
will terminate upon completion of the work included in the Scope of Services of Exhibit A.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty,.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers' compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers' compensation coverage for all members and employees of
Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor's
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any
negligent, reckless, or intentional misconduct of any of the Contractor's agents; or (iii) the negligent,
reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
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from, growing out of, or in any way connected with or incident to the performance of this Agreement
except "responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation — statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a sixty
(60) day notice of cancellation or non -renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor's receipt of notice that any required insurance coverage will be terminated
or Contractor's decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor's right to proceed with all or any part of the work ("Termination Notice Due
to Contractor's Fault"). The City may then take over the work and complete it, either with its
own resources or by re -letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
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C. In the event of a termination pursuant to this Section 13, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost 'business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Carolyn Poissant, MLA, AICP, Manager of Trails, Open Space, and Parks
Design and Development or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City's
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City's Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as listed above and may receive approvals or authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
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purpose of this Agreement shall be c 1n1C)ftf, \ t G�— or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor's Representative; provided, however, that in exigent circumstances when
Contractor's Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have
a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti -discrimination laws, regulations, and contracts. The Contractor will, not refuse employment to a
person, bar a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity, physical or
mental disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. The Contractor shall be subject to and comply
with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of
its sub -Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
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(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non -Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled
to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include
City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
'< 30*b*tte:ll�agreement
ons: this Agreement may, upon mutual agreement, be extended for a period
IlN of one yeof the Parties. In no case, however, may this Agreement run longer
than
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA
Chris Kukulski, City Manager
AS
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Bozeman City Attorney
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CONTRACTOR (Name of Entity)
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Print Title:
Professional Services Agreement for
Parks and Trails District Feasibility Study
Page 10 of 10
ATTACHMENT A
SCOPE OF SERVICES and FEE PROPOSAL
PARKS AND TRAILS DISTRICT (PTD) FEASIBILTY STUDY
The attached Statement of Qualifications and Fee Proposal were submitted by Peaks to Plains
Design, PC in response to the Request for Proposals issued by the City of Bozeman Parks and
Recreation Department, which includes the following Scope of Services to be completed under
this Professional Services Agreement:
1) Research and write up a summary of the history behind the assignment of park maintenance
responsibilities to HOAs:
a) When did it start?
b) What was the legal tool and language used?
c) Document numerically:
i) Acreage of active neighborhood park area (GIS spreadsheet)
ii) Acreage of open space and linear parks (GIS spreadsheet)
iii) LF of trails: paved and unpaved (need to measure)
iv) Acreage of stormwater facilities in parks (with Public Works assistance)
v) Identify different waiver types (i.e., different language on plats); update /expand
GIS spreadsheet
2) Work with COB Parks and GIS to update the parks and trails database.
a) HOA info — identify the following:
i) HOA contacts (management company and HOA president: address, email, phone#)
ii) HOA geographic boundaries associated with each park (per subdivision plats)
iii) LF of HOA park sidewalks (need to measure)
iv) Approximate annual cost for park maintenance for each HOA
b) Identify any public access easements not shown on GIS
c) Identify date of and save a digital copy or all approved HOA Park Master Plans
3) Develop system -wide park maintenance cost per acre and other applicable parameters, to be
utilized in district options below, incorporating one full year of "task order" data from the
CityWorks program (coordinate closely with GIS and Parks).
a) Park maintenance levels (GIS spreadsheet attached)
i) Sports fields
ii) Community parks
iii) Neighborhood parks
iv) Trails and open space
b) Deferred maintenance (utilizing data obtained by Parks;
i) COB -maintained parks, trails, and structures
ii) HOA -maintained parks, trails, and structures
c) Other costs
i) Capital items: office, storage, and machinery
ii) Staffing
iii) Contract management and supervision
Professional Services Agreement
Attachment A
reconcile list with GIS spdsht.)
4) Prepare a report (with city staff assistance) addressing the pros and cons and associated costs
for the following options for the organization of the PTD:
(a) All-inclusive: Include all park and trail properties under the jurisdiction of the City of
Bozeman including adjacent rights-of-way (sidewalks and boulevards) that are dedicated or
under a public park, trail, or access easement.
(b) Limited inclusive: Leave out adjacent rights-of-way and "non-essential" areas where the
park areas are currently being maintained by an HOA (i.e., the HOA would continue to
maintain sidewalks and boulevard areas, as well as subdivision entryways and miscellaneous
park areas that are not actively utilized for recreation).
(i) Delineate a flow -chart process whereby such non-essential areas would
be reverted to HOA ownership. Develop an outline of maintenance
standards criteria, which would be enforced by the City and subject to a
special assessment for non-compliance.
(ii) Delineate a flow -chart process whereby an HOA board could request to
be included in the PTD, with specific constraints and within a designated
time period to take effect as determined by COB.
(c) Non -HOA: Include all parks currently maintained by the City and all new parks developed
with TOP bond funds. Recently platted and new subdivision parks and trails would continue
to be maintained by the HOAs.
(i) Include an option by defining costs and assessment figures whereby
residential properties within those subdivisions would be assessed at a
slightly lower rate to account for their park maintenance HOA fees.
(d) TOP only: Include all parks and project areas funded by the 2012 Trails Open Space, and
Parks bond. There are six projects approved to date with no funding currently identified for
long-term maintenance. For project descriptions, see: http://www.bozeman.net/Proiects/Trails,-
Open-Space,-and-Parks-Program/Resources/TOP-Approved-Proi ects-and-Applications—Supportin
Professional Services Agreement
Attachment A
Peaks to Plains Designr
February 6, 2017
Ms. Carolyn Poissant, MLA, MPA, AICP
City of Bozeman, Department of Parks & Recreation
PO Box 1230
Bozeman, Montana 59771
RE: Bozeman Parks and Trails (Maintenance) District Feasibility Study
Dear Ms. Poissant:
This study aligns with other parks and trails planning projects currently underway at Peaks to Plains
Design. Cities and towns across Montana are realizing the multiple benefits of a healthy parks and
recreation system, and they are turning to Peaks to Plains Design to learn more about the funding and
operational methodologies.
We have included PROS Consulting, a nation-wide parks and recreation planning firm and strategic
partner, to assist in the development of plan that will consider the total cost of ownership for parks and
open spaces. Our firms have found that critical financial components are missing when agencies
develop their strategic plans.
When evaluating the Peaks to Plains Design and PROS team, consider our qualifications related to the
following:
• Peaks to Plains Design actively utilizes ArcGIS as a tool on a daily basis. Gordon Lemmel is ESRI-
certified in Geo -Applications. He will work with the City's GIS Department to ensure a smooth
transfer of files, he can quickly conduct site inventories and then convert them to a Google Earth
format, which all of your Parks staff, board members and others can quickly view the data.
• Peaks to Plains Design is experienced in working with Home Owner Associations. Currently, our
comprehensive parks plan for Big Sky considers the operational and administrative function of
over 50 HOAs that manage their parks and open spaces. We understand that HOAs function in
different levels of sophistication and often self-select the level of service with regards to park
lands.
• PROS Consulting will work with City staff in a series of workshops that begins to discuss the true
cost of ownership and management within your parks and open spaces systems. PROS will
address everything from staffing, equipment and operational efficiencies.
The outcomes of this study are important to the future of parks and open spaces in Bozeman. The
benefits of our approach to this study may provide additional tools and advocacy beyond setting the
fees for a potential District. Please review our approach to learn more.
Sincerely,
Jne
r
JoleRieck, PLA
1 KEY PERSONNEL QUALIFICATIONS
Jolene Rieck, PLA, Peaks to Plains Design
Ms. Rieck has been working on parks and open spaces in Bozeman since 2000. She has completed over
a dozen park master plans and construction documents for both residential and commercial parks and
open spaces in Bozeman. Ms. Rieck has been actively researching funding strategies for Montana
communities of all sizes for the past two years. She has successfully assisted in the creation of a Special
District in Lockwood, Montana that is dedicated to non -motorized transportation. Her other skills
include implementing asset-based inventory and life cycle cost analysis for community park systems.
She believes that parks are "infrastructure' and should be managed similar to public streets and utilities.
In fact, she was a featured speaker on this topic at the North Dakota Recreation and Parks Conference in
2016. Ms. Rieck has designed several parks in Bozeman for developers and is extremely familiar with
the development ordinances and can view this project from both the agency and developer/HOA lenses.
Gordon Lemmel, PLA, Peaks to Plains Design
Mr. Lemmel has been on three sides of the parks and land management spectrum. His experience
includes working for a County Parks District in the mid -west as a parks planner, an executive director of
a land trust in Oregon, and now his efforts as a designer and consultant with Peaks to Plains Design.
Gordon is exceptional at utilizing ArcGIS and its extensions, and is a beta tester for ESRI. He can quickly
inventory your data, integrate it into your City's platform and output the data for non -GIS users.
Michael Svetz, PROS Consulting
Mr. Svetz describes himself as a "recovering parks and recreation director." He has served 25 years in
the field of parks and recreation for local governments, including 15 years at the executive management
level. He will apply his vast experience in developing and applying standard business processes to create
self-sustaining operations for facilities and applies that knowledge to strategic and business plans for
agencies at all levels. Mike will facilitate the discussions with staff to identify the costs for capital
staffing and contract management and supervision.
2 PROJECT APPROACH
Task #1: Research history behind the assignment of park maintenance to HOAs
Peaks to Plains Design will investigate the history by interviewing current and former city staff. The
assignment of HOAs to perform maintenance started over 17 years ago. We will review selected
planning and park board meeting minutes to identify when and why this method was adopted by the
City of Bozeman. We will consult with legal counsel from the City of Bozeman and the League of Town
and Cities to determine the legal tool, most likely MCA, Title 7, that allows several entities to utilize
HOAs for maintenance of public facilities.
Existing conditions will be documented through publicly available GIS data, including CAMA data, aerial
photography and field spot checks. This data will be inventoried in a City of Bozeman GIS approved
format. The data will be exported to a Google Earth format so that all staff have the ability to view the
data in a user friendly manner.
2 1 P a g e
Task lit: Update the parks and trails database
Home Owner Associations are independent, non-profit corporations that are formed through the
Montana Secretary of State's office with Articles of Incorporation. The Covenants, Conditions and
Restrictions (CCR's) are publicly recorded deed restrictions and are often the legal document outlining
the owner association's responsibilities with regards to maintenance of public parks and open space.
This is also the document that identifies the jurisdictional area for the owner's association.
According to our research, there is not a centralized database of HOA contacts. We are proposing two
methods to developing a HOA contact list. First, using the Montana Board of Realty Regulation, we will
acquire a mailing list of all Registered Property Managers located in Gallatin County. We will invite them
to a meeting to discuss the City's project and attempt to collect information on the HOA contacts at that
meeting. Any remaining subdivisions without contact informationwill be gathered by researching the
CCR's for the property association's name then, utilize the Montana Secretary of State's office to find
the association's registered agent. We will send a letter to that entity requesting information.
Peaks to Plains Design can scan any existing master plan documents with our large format scanner and
integrate them into a .PDF file. We can work with the City GIS department to integrate the file if the City
has the right platform to do so.
Task q3: Develop a system -wide park maintenance cost
Peaks to Plains Design and PROS Consulting will conduct up to two (2) staff workshops to discuss a task
time analysis of common maintenance and administrative tasks. The outcomes of these workshop is to
identify the total cost of maintenance. Most analysis will only cover equipment, on-site staff time and
overhead; however, the workshop is designed incorporate efficiencies in staff deployment, including
travel time between parks, facilitating special events, and life cycle cost replacements, etc. In our
experience, we find that these cost "leaks," if not accounted for, greatly skew the assessments for
districts and often leave the agency underfunded. The outcomes of the workshops will more accurately
identify the "real costs' of ownership and maintenance for the four scenarios requested.
Task N4: Prepare a report on four options for the organization of a special district
The report will document the background research and methodology used to formulate the conclusions.
This document will be prepared in a Microsoft Office format (word and excel) and provided to the City
for your use. Any GIS datasets will be provided digitally to the City for the City's use.
One of the areas of scope discussion is the notion that HOA dues would be lowered to account for a
City -maintained park. The City has no control over HOA dues, and we have found that due to multiple
ways management associations track costs, the City would have no means to compare costs because a
HOA may "bury" administrative costs into other budget items, etc.
3 1 P a g e
4 PROJECT SCHEDULE
Assuming a March 1, 2017 notice to proceed, we would recommend the following schedule.
Early March Conduct research and document existing administrative functions.
Document existing conditions for ail parks and open spaces using publicly
available data.
Late March Conduct the property manager association meeting.
Conduct the first staff workshop to define cost of doing business.
Early April Conduct the second staff workshop to further refine the cost of doing business,
And define the level of service for maintenance and administration for certain
park lands.
Review the backlog of deferred maintenance items and identify the key
maintenance components associated with parks.
Conduct field spot checks to complete the inventory of parks and open spaces.
Late April Conduct the third staff workshop to finalize the cost of ownership and
maintenance. Seek consensus on the level of service for maintenance and
operations.
Prepare draft report and submit by May 1 for administrative review.
Early May Staff reviews draft report and provides review comments.
Mid -May Final report delivered to the City of Bozeman
5 ASSUMPTIONS
When referring to "staff," the most effective way to facilitate the discussion would include members of
the Parks Department, that includes the Director, Supervisors and Managers. In addition, this should
include at least one staff member from the City Planning Department and one person from City Finance
and the City Attorney's office, if possible.
Peaks to Plains Design will meet with the City GIS staff at the commencement of the project to identify
any requirements for the inventory.
In order to effectively facilitate the staff workshops, the consulting team will ask staff to prepare cost or
other information prior to the workshop. This way the workshop can focus on outcomes rather than
data collection.
6 WORK NOT INCLUDED
Neither Peaks to Plains Design PC nor PROS Consulting can provide legal advice. Many of the discussions
will need to be vetted through legal counsel. We recommend utilizing the City's attorney and attorneys
from the League of Cities of Towns, if possible. The consulting team will not provide legal advice, any
legal advice provided by others will be directly paid for by the City of Bozeman.
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7 PROJECT INTEREST
Now more than ever, communities in Montana are viewing their park lands as essential infrastructure.
However, many agencies are not well equipped with defining real dollar value to these lands. For the
past two years, Peaks to Plains Design has been working with communities to identify the real cost of
ownership, how to plan for future community needs and identifying ways to fund life -cycle replacement
items as well as develop new park lands.
Peaks to Plains Design has provides similar park planning and life -cycle analysis services for communities
like Laurel and Sidney, Montana, and we are currently working with Billings and Big Sky to develop
strategic plans for these entities. Big Sky, as an unincorporated area covering two counties, has
dedicated park land that is owned by HOAs, non -profits and developers. Community members have
been struggling with how to manage this unique ownership structure to provide community benefits.
PROS Consulting draws on their nation-wide experience in providing strategic business plans for
agencies. Peaks to Plains Design and PROS are currently working together on two projects, and we have
found a mutual interest in the philosophy stated above.
8 OTHER SERVICES
Peaks to Plains Design is the only firm in Montana whose portfolio encompasses a significant body of
work in the design, planning and implementation of parks and recreation solutions. Our staff has
memberships in the American Planning Association, National Parks and Recreation Association as well as
American Society of Landscape Architects. We actively attend these conferences to meld the planning,
management and design that will be applicable to this project.
While the budget does not allow for additional services beyond this scope of work, this team (of Peaks
to Plains Design and PROS Consulting) can provide additional services upon request.
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Peaks to
Plains DeSign
LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING / PLANNING
COST PROPOSAL
Task
Jolene
Rieck
Gordon
Lemmel
Mike
Svetz
Expenses
Total
$120
$100
$140
Task 1:
Research
20
24
4
$226
$5,586
Task 2:
Update database
16
20
$261
$4,181
Task 3:
Develop costs
40
8
40
$2,028
$13,228
Task 4:
Prepare report
40
8
8
$285
$7,005
TOTAL
$30,000