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HomeMy WebLinkAbout18- Professional Services Agreement - Steiner Thuesen, PLLC - Sports Park Task Order 3.1 and 4.0, Landscape and Irrigation Services r ATTACHMENT A UO2� V 9x MCO.y PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_�day of , 201_&, 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,STEINER THUESEN,PLLC,with a mailing address of 1925 Grand Ave #105, Billings,MT 59102 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 on the upon completion of the work or as determined by the City. 3. Scope of Services: 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 Professional Services Agreement for Sports Park Phase 1 A- I B FY 2017—FY 2018 Page 1 of 10 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 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. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 Professional Services Agreement for Sports Park Phase 1 A- I B FY 2017—FY 2018 Page 2 of 10 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. 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 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; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents. 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 Professional Services Agreement for Sports Park Phase I A- 1 B FY 2017—FY 2018 Page 3 of 10 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 per accident; 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. 8. Termination for Contractor's Fault: Professional Services Agreement for Sports Park Phase 1 A- 1 B FY 2017—FY 2018 Page 4 of 10 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 inunediately in progress. C. In the event of a termination pursuant to this Section 9, 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 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, Professional Services Agreement for Sports Park Phase 1 A- 1 B FY 2017—FY 2018 Page 5 of 10 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 thirty (30) 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 the Manager of Trails, Open Space, and Parks Development (Carolyn Poissant, MLA, MPA, AICP) 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 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 purpose of this Agreement shall be Nathan Steiner, ASLA, CLARB, CGIA 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, Professional Services Agreement for Sports Park Phase I A- I B FY 2017—FY 2018 Page 6 of 10 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 Retlulations: 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 (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. Professional Services Agreement for Sports Park Phase I- 1 B FY 2017—FY 2018 Page 7 of 10 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. 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. Professional Services Agreement for Sports Park Phase I A- 1 B FY 2017—FY 2018 Page 8 of 10 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 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. Extensions: this Agreement may,upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than **Y x END OF AGREEMENT EXCEPT FOR SIGNATURES x x*x IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. Professional Services Agreement for Sports Park Phase 1 A- I B FY 2017—FY 2018 Page 9 of 10 CITY OF BOZEMAN, MONTANA CONTRACTOR STEINER THUESEN, PLLC By By , Andrea Surratt City Manager Print Name: Nathan, G. Steiner Print Title: Owner APPROVED AS TO FORM: By �rregkJivan, Bozeman City Attorney Professional Services Agreement for Sports Park Phase 1 A- 1 B FY 2017—FY 2018 Page 10 of 10 EXHIBIT A -part 1 THUESEN PLLC GOLF COURSE ARCHITECTURE IRRIGATION DESIGN LANDSCAPE ARCHITECTURE April 25,2018 Ms.Carolyn Poissant,Manager City of Bozeman Parks &Recreation 415 N.Bozeman Street Bozeman MT 59715 RE: Bozeman Sports Park Task Order#3.1: Landscape and Irrigation Coslstruction Adniiiiistration Services (Revision 1) Dear Carolyn, We appreciate the opportunity to provide this fee proposal for construction administration services of the first phase of the Bozeman Sports Park Master Plan. This letter serves as an outline of our proposed scope of services and fees to provide the assistance required for the initial phase of development. The scope of work is based on our understanding of the project needs. Following are the key points in addition to our understanding of the project: • A portion of our original scope of work has been previously completed as a sub-consultant to DOWL. • A master plan has been developed for the 80 acre Bozeman Sports Park. The following improvements from the master plan will be built during the initial phase of development: o Four sports fields for soccer,lacrosse, rugby, and other recreational uses. o Concessions and restroom building. o Accessible paved and/or gravel fines walkways and inter-connecting trails. o Native grass and landscaped areas. o Parking to accommodate vehicles for the first phase of construction. o Storm water detention basin and site utilities. • Our office will be responsible for landscape improvements off the sports fields and irrigation for the entire development. The City is responsible for all inspections related to seeding and planting. • The City has reviewed and approved the plans for construction. The DRC has also reviewed and approved the plans. Plan adjustments, etc. associated with any changes instigated by the City will be considered additional services. Compensation for work associated with these changes will be on a time&materials basis. • The project will follow a GCCM model. The general contractor will be responsible for all coordination between Contractors on the project. • The General Contractor will provide pricing for any changes in work. Cost estimating for change orders,etc. is not anticipated. • We anticipate a fairly high level of involvement during construction to ensure our portions of the project are properly constructed. • Layout of the irrigation system and plantings will be the Contractor's responsibility. • Our fees are based on a single landscape/irrigation Contractor performing the work that we have designed. If our packages are separated and different Contractors are performing the work, we may need to adjust our fees to account for additional project administration and site visits,etc. Please let me know if I have misunderstood your needs or have incorrectly scoped any portions of the work. Any needed changes will be made accordingly. 1925 GRAND AVE. SUITE 105 P.O.BOX 22943 BILLINGS, NIT 59104 406/2.52-5545 FAX 245-9855 Ms. Carolyn Poissant,Manager April 25,2018 CONSTRUCTION PERIOD SERVICES: This effort will be comprised of several tasks to assist in Contractor selection, monitor the progress of construction, interpret the documents with respect to conditions discovered during the course of construction, and to assure completion of the project as we have envisioned. Our involvement provides you with the expertise needed to build the project correctly initially, eliminating potential major maintenance difficulties later. The following tasks are suggested. Pre-Construction Meeting:Provided under Task Order#2. Shop Drawings and Submittals (Approximately 50% Complete): 1. Review all shop drawings and product submittals required by the specifications to determine compliance with the drawings and specifications. 2. Submit written response to the Contractor. Project Administration (Approximately 10% Complete} 1. Assist with administration of the contract by providing guidance and review of issues pertaining to technical design and system component issues. 2. Assist your office with review of pay requests. The Contractor will submit pay requests to our office. We will review them to assure the requested amount is justifiable, fair and warranted. 3. Process RFI's. 4. Work with Contractor to determine costs for change orders during construction. Construction Progress Meetings: 1. Participate in weekly or bi-weekly progress meetings via teleconference during active construction (up to 16 meetings). Control System Programming (Approximately 10% Complete} 1. Following award of the project,our office will provide basic programming of the central irrigation control system. 2. Programming will be based on the design that is released for bidding and construction. 3. Changes during construction that necessitate adjustment to the programming will be the responsibility of the Contractor. 4. The control system will be ready for use by the Contractor as each major area is brought on-line. 5. The Contractor will be responsible for final station assignments and run times. Periodic Construction Observation: 1. Site visits will be conducted on the job during the construction period to check on installation methods,make any judgments necessary for field adjustments, and to monitor work progress. 2. A written report will be filed following each vest,with copies to you and the Contractor. 3. Observation reports are supplemented with graphic materials as necessary for clarity. 4. The following number of site visits are anticipated: a. Irrigation: 4 b. Pump Station: 1 c. Planting: (Conducted by City of Bozeman) d. Dryland Seeding: (Conducted by City of Bozeman) The actual number of visits for each item may be adjusted to accommodate project scheduling, etc. 5. Depending on Contactor performance, the number of inspection trips can be increased. Additional trips will not be made without prior approval. 6. These observations are not intended to be exhaustive inspections of the work of the Contractor or Owner's staff,but are instead to allow us to determine whether the work generally conforms to the design concept. 2 Ms. Carolyn Poissant,Manager April 25,2018 7. We do not have control over nor are we responsible for the Contractor's work. We do not have control over nor are we responsible for the construction means,methods, techniques, or procedures employed by the Contractor or any subcontractor. 8. If for some reason our services are limited during construction, the City assumes all responsibility for the application and interpretation of Landscape Architect's drawings, specifications and other instruments of service;the observation and evaluation of Contractor's work and the performance of any other necessary construction phase landscape architectural or professional services; and City waives any claims against Landscape Architect that may be connected in any way thereto. Substantial Completion: 1. Conduct a single substantial completion inspection on the job site to determine if the project is ready for occupancy by the Owner following notification by the Contractor. 2. Prepare a "Punch List" of deficiencies in the work and submit to the Owner and Contractor for completion. 3. A Certificate of Substantial Completion will be prepared to legally transfer ownership of this portion of the project from the Contractor to the Owner. Final Inspection: 1. After the Contractor feels all "Punch List" items have been satisfactorily addressed, a final completion inspection will be conducted to be sure the job is 100% complete as specified. 2. If all Punch List items have been satisfactorily address, recommendation of final payment to the Contractor will be made. Record Drawings and Operations and Maintenance Manuals: 1. During construction, the Contractor will be required to maintain field "as-built" drawings for all underground installations, noting all changes in the work. 2. The Contractors' drawings will be submitted at substantial completion. We will draft the record drawings from the Contractors' field drawings using CAD methods. 3. You will receive one set of the drawings on waterproof paper for field use by the Owner. 4. Digital copies of the record drawings will be provided. 5. Contractor prepared Operations & Maintenance Manuals will be reviewed by our office. Any deficiencies will be noted and the manuals will be returned to the Contractor for correction. FEE PROPOSAL Recommended budgetary fees associated with Task Order#3 are proposed on a time and materials basis. As you know, level of effort can vary significantly from job to job and be dependent on Contractor performance. We feel this is fair to the Owner and our firm as they will only be charged for services actually provided, which may be less or more than a budget figure provided in this arrangement. Our scope of work for Task Order #3 is very specific. Any efforts required outside of our scope of work will be treated as additional services and will not be performed without prior approval. The following fee structure and project budget is proposed for the scope of work outlined above. These fees will be honored for a period of 60 calendar days following the date of this proposal. After that period, we reserve the right to renegotiate fees and schedules. 3 Ms. Carolyn Poissant, Manager April 25,2018 TASK FEE HOURS Shop Drawings and Submittals $ 388.00 4 Project Administration $ 1,552.00 16 Construction Progress Meetings $ 1,455.00 15 Control System Programming $ 1,943.00 31 Periodic Construction Inspection(5 Trips) $ 7,850.00 60 Substantial Completion (1 Trip) $ 2,676.00 23 Final Inspection(1 Trip) $ 1,979.00 16 Record Drawings and Operations&Maintenance Manuals $ 2,487.00 25 Total $ 20,330.00 Thank you for consideration of our scope of work and proposal. I am confident that you will find our work creative, thorough and professional in every respect. We look forward to continuing our efforts on this project as part of the design team. Sincerely, athan G. Steiner,ASLA I CLARB I CGIA Landscape Architect 4 isXl:li>i"I A - p arf GPI F COURI)d''ARCI-II HVI URIC IRRIGATION DESIGN 31]LC'l l Rig, April 25,2018 Ms. Carolyn Poissant, Manager City of Bozeman Parks &Recreation 415 N.Bozeman Street Bozeman MT 59715 RE: Bozeman Sports Park Task Order#4.0: Landscape Architecture,Irrigation Design, & Construction Period Services for Fields 5 &6 Dear Carolyn, We appreciate the opportunity to provide this fee proposal for the implementation of the second phase of the Bozeman Sports Park Master Plan. This letter serves as an outline of our proposed scope of services and fees to provide the assistance required for the development associated with two synthetic turf sports fields. The scope of work is based on our understanding of the project needs. Following are the key points in addition to our understanding of the project: • A master plan has been developed for the Bozeman Sports Park. The following improvements are proposed for the 80-acre park: o Approximately 14 sports fields for soccer,lacrosse, rugby, and other recreational uses. o Concessions, restroom, and maintenance building(s). o A roughly 3-acre, fenced-in dog park with shade structures and other amenities. o Picnic shelter pavilion(s)and dispersed picnicking facilities. o Several dispersed play features, shade structures, and spectator areas. o An all-accessible play area of approximately 4000 SF. o Accessible paved and gravel fines walkways and inter-connecting trails. o Native grass and landscaped areas incorporating green infrastructure. o Parking to accommodate approximately 200 vehicles (8 barrier-free / van accessible). o Storm water detention basin and site utilities. • Our office will be responsible for landscape improvements off the sports fields and irrigation for the lawn areas as well as the irrigation for washing of the two synthetic turf fields. • The majority of the plants that will be used on this phase of this development will come from the plant palette that was developed in coordination with the Parks department during the initial phase of design. We will coordinate with the City Parks Department to make the final plant selection. Based on the approved site plan, plants will be limited to a few trees around the perimeter of the fields and street trees along Flanders Mill Road. • The existing topsoil is of good quality. The City's soil amendment requirements that are located in their design guidelines will not be used. The custom fertilizer and amendment program developed previously for this site will be used to promote healthy plants and lawn areas. • Water for the irrigation system will be provided by the irrigation system that is currently under tr contract for consuction. • The irrigation system in the lawn and landscape areas will incorporate the same equipment that was used in the initial phase. Quick couplers will be strategically located along the mainline to allow maintenance personnel the ability to comnect to a traveling sprinkler in order to wash the field removing contaminants and bodily floods. Cooling of the turf if needing may also be possible with the traveling sprinkler. It simply won't be as efficient and fast as using specialized l t? (IRA NJ) .1\'1?. S(J111_; Itl 1'.0 r. BOX 229-1 [31I,I IRi(;5, �1'. ,c'10-1 }{lt , ? _> 1 AX �1,> W :; Ms. Carolyn Poissant,Manager April 25,2018 system would be. The inlet pressure requirement for the traveling sprinkler ranges from 35—150 PSI. There is still a good chance that a booster pump will be required to provide the necessary pressure for the traveling sprinkler to work efficiently. There is also an option to add a gas powered booster pump on the traveling sprinkler that can be explored. • The pump station designed for the initial phase will provide mainline pressures in the 85 PSI range at fields 5&6. A 35—50 PSI boost in mainline pressure may be needed to properly operate the traveling sprinkler. If needed, a small,fully automated booster pump station can be designed to provide the necessary pressure and flow as an additional service. The station will be VFD controlled. • The current irrigation design provides liquid fertilizer for the 4 natural turf fields. Consideration will need to be given to controlling this to prevent or minimize the amount of liquid fertilizer that is applied to the synthetic turf fields. This can be accomplished with the control system or by relocating the current injection point. • The project will continue to follow a GCCM model. The GCCM will provide input and suggestions but will not have a primary role in the design of the improvements. • The GCCM will coordinate advertisement,plan distribution and maintenance of the plan holders list for the individual bid packages. • Your office will handle any necessary approvals by local building authorities. We will provide data, reports, drawings, etc. as needed to support you in these efforts. • All base map information will be provided by Stahley Engineering for our use at no cost. • All submittals will be provided in a digital format. • No cost estimating will be provided. This will be the responsibility of the GCCM. Please let me know if I have misunderstood your needs or have incorrectly scoped any portions of the work. Any needed changes will be made accordingly. DESIGN PROCESS Our suggested scope of services includes several tasks to aid in the detailed design of the landscape and irrigation portions of the project. The approved master plan will be the basis of design with the Phase 2 Site Plan being created and refined to prepare bid ready plans and specifications. The same verbiage has been used to streamline the proposal process even though there most likely won't be a need for additional permitting requirements. Following is our suggested outline scope of services for the initial task order. Task Order#4:Phase 2 Site Plan and Construction Documents A. Phase 2 Final Scoping 1. Prepare conceptual plan set to approximately 30% complete. B. Phase 2 Site Plan 60%: Develop plans for the 2 synthetic turf fields. 1. Develop preliminary plans and specifications (60%) for the Phase 2 improvements. Our portion of this effort will include the following: a. Landscape improvements for areas outside of the two developed playfields. b. Overall site revegetation for areas disturbed during construction. c. Irrigation system and controls for lawn and landscape areas off of the two developed fields. d. Irrigation system and traveling sprinkler selection for the synthetic turf fields. e. Gravel trail detail. Alignment of trail will be as previously established or updated by Stahley Engineering. 2. Anticipated Plan Sheets a. Planting Plan (4 sheets) b. Planting Details(1 sheet) c. Revegetation Plan—overall site (1 sheet) d. Irrigation Plan (8 sheets) 2 Ms. Carolyn Poissant, Manager April 25,2018 e. Irrigation Details (3 sheets) C. Phase 2 Site Plan 95%: 1. Work with City, BSPF and GCCM to finalize plans and specifications to maximize project cost savings. 2. Prepare any necessary reports, etc. for the City. 3. Bring design to 95% complete and submit plans and technical specifications. 4. Assist with permitting as necessary. Provide necessary data,etc. D. Bidding Period 1. Incorporate review comments. 2. Finalize construction drawings and specifications and provide 100% CD Package 3. Participate in one Pre-Construction Meeting in Bozeman. 4. Review Contractor questions, draft addenda as necessary for distribution. Meeting Summary • We will participate in multiple teleconference coordination meetings with the design team, City, and GCCM. • We will participate in one Pre-Construction meeting in Bozeman. CONSTRUCTION PERIOD SERVICES: This effort will be comprised of several tasks to assist in Contractor selection, monitor the progress of construction, interpret the documents with respect to conditions discovered during the course of construction, and to assure completion of the project as we have envisioned. Our involvement provides you with the expertise needed to build the project correctly initially, eliminating potential major maintenance difficulties later. The following tasks are suggested. A. Shop Drawings and Submittals: 1. Review all shop drawings and product submittals required by the specifications to determine compliance with the drawings and specifications. 2. Submit written response to the Contractor. B. Project Administration: 1. Assist with administration of the contract by providing guidance and review of issues pertaining to technical design and system component issues. 2. Assist your office with review of pay requests. The Contractor will submit pay requests to our office. We will review them to assure the requested amount is justifiable, fair and warranted. 3. Process RFI's. 4. Work with Contractor to determine costs for change orders during construction. C. Construction Progress Meetings: 1. Participate in weekly or bi-weekly progress meetings via teleconference during active construction (up to 4 meetings). D. Control System Programming: 1. Following award of the project,our office will provide basic programming of the central irrigation control system. 2. Programming will be based on the design that is released for bidding and construction. 3. Changes during construction that necessitate adjustment to the programming will be the responsibility of the Contractor. 4. The control system will be ready for use by the Contractor as each major area is brought on-line. 5. The Contractor will be responsible for final station assignments and run times. E. Periodic Construction Observation: 1. Site visits will be conducted on the job during the construction period to check on installation methods, make any judgments necessary for field adjustments, and to monitor work progress. 3 Ms. Carolyn Poissant,Manager April 25,2018 2. A written report will be filed following each visit,with copies to you and the Contractor. 3. Observation reports are supplemented with graphic materials as necessary for clarity. 4. The following number of site visits are anticipated: a. Irrigation: 3 b. Dryland Seeding: 1 The actual number of visits for each item may be adjusted to accommodate project scheduling, etc. 5. Depending on Contactor performance, the number of inspection trips can be increased. Additional trips will not be made without prior approval. 6. These observations are not intended to be exhaustive inspections of the work of the Contractor or Owner's staff,but are instead to allow us to determine whether the work generally conforms to the design concept. 7. We do not have control over nor are we responsible for the Contractor's work. We do not have control over nor are we responsible for the construction means,methods, techniques, or procedures employed by the Contractor or any subcontractor. 8. If for some reason our services are limited during construction, the City assumes all responsibility for the application and interpretation of Landscape Architect's drawings, specifications and other instruments of service; the observation and evaluation of Contractor's work and the performance of any other necessary construction phase landscape architectural or professional services; and City waives any claims against Landscape Architect that may be connected in any way thereto. F. Substantial Completion: 1. Conduct a single substantial completion inspection on the job site to determine if the project is ready for occupancy by the Owner following notification by the Contractor. 2. Prepare a "Punch List" of deficiencies in the work and submit to the Owner and Contractor for completion. 3. A Certificate of Substantial Completion will be prepared to legally transfer ownership of this portion of the project from the Contractor to the Owner. G. Final Inspection: 1. After the Contractor feels all "Punch List" items have been satisfactorily addressed, a final completion inspection will be conducted to be sure the job is 100% complete as specified. 2. If all Punch List items have been satisfactorily address, recommendation of final payment to the Contractor will be made. H. Record Drawings and Operations and Maintenance Manuals: 1. During construction, the Contractor will be required to maintain field "as-built" drawings for all underground installations, noting all changes in the work. 2. The Contractors' drawings will be submitted at substantial completion. We will draft the record drawings from the Contractors' field drawings using CAD methods. 3. You will receive one set of the drawings on waterproof paper for field use by the Owner. 4. Digital copies of the record drawings will be provided. 5. Contractor prepared Operations & Maintenance Manuals will be reviewed by our office. Any deficiencies will be noted and the manuals will be returned to the Contractor for correction. FEE PROPOSAL We propose that the design process by conducted on a lump sum fee basis. However, we recommend that construction period services be conducted on a time and materials basis. As you know, level of effort can vary significantly from job to job and be dependent on Contractor performance. We feel this is fair to the Owner and our firm as they will only be charged for services actually provided,which may be less or more than a budget figure provided in this arrangement. Our scope of work for Task Order #4 is very specific. Any efforts required outside of our scope of work will be treated as additional services 4 Ms. Carolyn Poissant,Manager April 25,2018 and will not be performed without prior approval. Following is our proposed fee for Task Order#4. A "per trip" cost is also included in the design process portion should we need to travel to Bozeman for additional meetings, etc.beyond those included in the proposal. DESIGN PROCESS FEE HOURS A. Phase 1 Final Scoping $ 905.00 11 B. Phase 2 Site Plan 607o $ 2,795.00 39 C. Phase 2 Site Plan 95% $ 4,099.00 30 D. Bidding $ 2,171.00 24 Total $ 9,970.00 Cost Per Trip (single day trip,no overnight stay) $ 1,290.00 CONSTRUCTION PERIOD SERVICES (Budget) FEE HOURS A. Shop Drawings and Submittals $485.00 5 B. Project Administration $776.00 8 C. Construction Progress Meetings $776.00 8 D. Control System Programming $784.00 12 E. Periodic Construction Inspection(3 Trips) $4,419.00 11 F. Substantial Completion(1 Trip) $1,900.00 15 G. Final Inspection(1 Trip) $1,688.00 13 H. Record Drawings and Operations&Maintenance Manuals $2,154.00 20 Total $ 12,982.00 We anticipate designing approximately$200,000—$225,000 worth of landscape and irrigation improvements. Thank you for consideration of our scope of work and proposal. We look forward to continuing to work with you on this exciting project. I am confident that you will find our work creative, thorough and professional in every respect. Sincerely, athan GO. Steiner,ASLA I CLARB I CGIA Landscape Architect 5 DATE(MM/DDIYYYY) A�!Zo CERTIFICATE OF LIABILITY INSURANCE 04/2612018 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►NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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). CONTACT_ LBnnis Moore PRODUCER NAME: Darnielle Insurance Agency PHONE FAX 2-0025 ( CC,No ExI); (406)652-4180 .(AIC,ND);(406 65) 6 PO Box 21300 ADDRESS: lennis@darnlelle.com ___ Billings, MT 59104 INSURER(S)AFFORDING.COVERAGE __. NAICN. License#:0009983 INSURER A: Ohio Security Insurance Company ---- INSURED INSURER B: Montana State Fund Steiner Thuesen PLLC INSURERC: Continental Casualty Company Nathan Steiner INSURERD: P.O. Box 22943 Billings, MT 59104 INSURERS: ; g INSURERF: _._.. __.. _.... _. COVERAGES CERTIFICATE NUMBER: 00000000-324842 REVISION NUMBER: 32 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. POUCYER f POLICY EXP -- INSR "- - ADDL'SUBR LIMITS LTR I TYPE OF INSURANCE POLICY NUMBER MMIDD/YYY 1 MMIDDlYYYY A f X COMMERCIAL GENERAL LIABILITY Y . BZS55921781 101/14/2018 01/14/2019 EACH OCCURRENCE 5 _-2,000,000._ I 'DAMAGETOREWED 5 2 OOO OOO t _J CLAIMS-MADE �(-j OCCUR ,,PREMISES(Ea occurrence) r__,— -_ - - -- ' MED EXP(Any one person)_.._,.$._ —_ 15,000_ PERSONAL&ADV INJURY S 2,000,000 j GEN'L AGGREGATE LIMIT APPLIES PER (GENERAL AGGREGATE S 4,000,000 i PRODUCTS S 4,000,000 X POLICY _1 JE O PR-!LOG '. -... I _-. ----.__ OTHER: ! S Y �' BZS55921781 01114/2016 B111412019 COMBINED SINGLE LIMIT S ANY AUTO 7Y (Ea accident) AUTOMOBILE LIABILITY , - .. l BODILY INJURY(Per person) I S h OWNED SCHEDULED � � L BODILY 114JURY(Per accident) S _ AUTOS ONLY AUTOS -'HIRED NON-OWNED _ 1 PROPERTY DAMAGE -S ` X-I AUTOS OMLY I X AUTOS ONLY Per accx�ent)_ _1 Per Occurrence S Included UMBRELLA LIAB ! EACH OCCURRENCE S _q OCCUR : - --- EXCESS LIAB 2 i I CLAIMS-MADE I AGGREGATE -- _- - DED RETENTIONS S B I WORKERS COMPENSATION X5TAI STATUTE j O�H- AND EMPLOYERS'LIABILITY 03-458093-6 01/01/2018 01/01/2019 _. ANY PROPRIETORrPARTNE,EXECUTIVE YIN ' I EL EACHACCIDENT $ 1,000,000 OFFICEPoMEMBER EXCLUDED? NIA' (Mandatory in NH) ( .E L.DISEASE-EA EMPLOYEE 5 1,000,000 luyes,describe under S 1,000,000 DESCRIPTION OF OPERATIONS belovr E.L.DISEASE-POLICY LIMIT C Professional Liab LAH 113749713 09/28/2017 O912 812 0 1 8 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Landscape Architect;Certificate Holder is an Additional Insured on the General Liability/Auto policy when required in a written contract. Project: Bozeman Sports Park CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1203 Bozeman, MT 59771 AUTHORIZED REPRESENTATIVE _,17 '✓U4 ��lDY`�� LFM ©1988.2015 ACORD CORPORATION. All rights reserved. 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