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HomeMy WebLinkAbout19- Acceptance Letter and Assignment of Warranty - The Trust for Public Land - Story Mill Community Park THE TRUST PUBLIC • September 18, 2019 LAND 1007 E Main St. Mitchell Overton Suite 300 Director,Parks and Recreation Department Bozeman, MT City of Bozeman 59718 PO Box 1230 t:406.522,7450 f:406.522.7453 Bozeman, Montana 59771 tpl.org Re: Acceptance Letter and Assignment of Warranty for Story Mill Community Park Dear Mitch: The Trust for Public Land (TPL)is delighted to be in position to tie up the outstanding details in Section 6 of our Memorandum of Understanding with the City of Bozeman (City)with respect to the ownership of Story Mill Community Park (Park). As you are aware, on July 19, 2019, TPL provided the City with written notification of project completion in the Certificate of Substantial Completion and conducted a walk-through of the Park with the City's Parks Department. At that time, the City confirmed that TPL's share of the work on Story Mill Community Park had been completed in accordance with the planning documents approved by the City and all other applicable requirements and accepted ownership of the work with the understanding that TPL will complete the remaining agreed upon punch list items, as well as,the repair of the fishing platform located in the northern section of the Park. Along with this letter, TPL is providing printed and electronic copies of all project plans, specifications, as-built drawings,and other documentation pertaining to the park construction listed on the 8/23/19 Langlas &Associates Letter of Transmittal Letter attached as Attachment 1. We are also including the General Warranty/Guarantee from the general contractor Langlas&Associates to the City of Bozeman as Owner of Record of the park. As this warranty is directly to the City, TPL has no additional warranties to assign. The final"t"to cross in the MOU is the acceptance letter from the City to TPL. This letter is intended to meet that requirement. The City,through acceptance of this letter,reaffirms its acceptance of the improvements at Story Mill Community Park, its assumption of responsibility for maintenance and operation of the improvements of Story Mill Community Park, and its assumption of all liability for the use of Story Mill Community Park by the public. The City agrees to fully release TPL with respect to any and all claims, damages, or liability resulting directly or indirectly from any use of the Story Mill Community Park. TPL is proud of what the City, TPL, and generous donors have accomplished through the Park. The City will be a wonderful steward of this community asset. TPL is pleased that our in-kind and cash contribution to the Park includes a$200,000 grant to the City for on-going maintenance responsibilities(see Attachment 2 -Park Stewardship Fund Grant). As the City's stewardship of the Park will include the handling of donor recognition features at the Park, we thought it would be helpful to attach the Story Mill Community Park Donor and Partner Recognition Statement (Attachment 3) so that the City has all the key Park-related documents in one place. Please have the person authorized to do so indicate the City of Bozeman's acceptance of the terms of this letter. An electronic acceptance returned to us by email will serve as an original acceptance. Sincerely, ............. Maddy Pope Project Manager Reviewed and accepted this Zeday of September, 2019 The City of Bo an —_ By: Title: Date: Ot-23 -)4 1 9 Attachment 1: Langlas &Associates Letter of Transmittal Letter Attachment 2: Park Stewardship Grant Attachment 3: Story Mill Community Park Donor and Partner Recognition GENERAL CONTRACTORS -- LETTER OF TRANSMITTAL-- TO: The Trust for Public Land DATE: 8/23/2019 1007 East Main Street Suite 300 PROJECT: Story Mill Community Park Bozeman, MT 59715 JOB ADDRESS: 600 Bridger Drive ATTN.: Maddy Pope/Cristie Tate Bozeman, MT 59715 WE ARE SENDING YOU: Attached ti/Transmitted Via Hand Delivered Design Plans Spec.'s Subcontract Samples Shop drawings Change order Copy of letter Cut Sheets/Prod. Data v/Closeout Documents Copies Format Description 1 Full-Size Set Project As-Built Construction Drawings, Volumes 1 and 2 1 Hard Copy Project Manual 1 Hard Copies City of Bozeman Building Permits and Plan Sets see attached schedule 1 Hard Copies Misc. Permits Site Plan Mod, 310 Permit, Wetland Restoration, MDT Encroachment 1 Hard Copy O&M Mauuals CXT Restroom Building, Earthsca a Play Equipment) 1 Hard Copy Lan las 1 Year Contractor Warranty Letter 1 Electronic USB Flashdrive of Closeout Documents As-Builts, O&M Manuals, RFls, Submittals, etc. THESE ARE TRANSMITTED AS CHECKED BELOW: for approval approved as submitted resubmit copies for approval for your use approved as noted submit copies for distribution as requested returned for corrections return corrected color copy(s) V/for record return electronic color copy(s) Please Reply By: REMARKS: Hard copies of Irrigation As-builts and O&M to be delivered separately direct from Greater Gallatin Contractors. Electronic versions are included with the USB Flashdrive enclosed here. "Reviewer's- Please provide review stamps directly on the documents being reviewed and clearly indicate action provided as to alleviate any confusion on the particular submittals under review or the action provided on such submittals. SIGNED: Beth Robison, Project Manager COPY TO: Langlas- File 2270 Grant Road Billings,NIT S9102 P 406.656.0629 F406.636.1088 1019 Fast N-tain St_,Suitt 101 Bc¢cman,M'f'S971 S P 106.58S.3420 F 406.5Ss.41 I o 280 East Fromt.,Suite R Missoula,MT 39902 P 406.21 S.1356 F 406.926.200S Story Mill Community Park Building Permit Schedule 8/22/2019 17-00026371 Small Pavilion -West 8.5"x11"Stahly Structural Calculations; 36"x24" Full Size Plan Pages 17-00026372 Medium Pavilion 8.5"x11" Stahly Structural Calculations; 36"x24" Full Size Plan Pages 17-00026373 Promenade Pavilion 8.5"x11" Stahly Structural Calculations; 36"x24" Full Size Plan Pages 17-00026374 Homestead Pavilion 8.5"x11" Stahly Structural Calculations; 36"x24" Full Size Plan Pages 17-00026376 Climbing Boulder 36"x24" Full Size Plan Pages 18-00026662 Volmer Complex DEMO 8.5"x11" Permit Application and Documentation 18-00026668 Small Pavilion- East 8.5"x11"Stahly Structural Calculations; 36"x24" Full Size Plan Pages 18-00027106 Prefab Park Restroom (2) Copies 8.5"x11"Structural Calculations; (2)Copies 11"x17" Stamped Plans; 36"x24" Plan Pages 18-00027116 Small House DEMO 8.5"x11" Permit Application and Documentation 18-00027166 Electrical Permit 18-00027337 Pedestrian Bridge 36"x24" Full Size Plan Pages 18-00027383 Story Mill Playground 8.5"x11" Structural Calculations and Install Documentation; 36"x24" Full Size Plan Pages 18-00027554 Sign Permit 11"x17" Plan Pages GENERAL CONTRACTORS GENERAL WARRANTY /GUARANTEE for: STORY MILL COMMUNITY PARK 600 BRIDGER DRIVE BOZEMAN, MT 59715 Langlas & Associates shall and hereby does warrant and guarantee to The City of Bozeman [Owner] that all material, equipment and workmanship which has become part of the complete project is free of defects and shall remain in working order for a period of not less than one (1) year from the date of Substantial Completion (July 18, 2019). Langlas & Associates hereby assumes during the guarantee period the responsibility of repairing all defective material, equipment and workmanship without charge to the Owner. Nothing in the above intends or implies that this guarantee shall apply to any defects in material, equipment or workmanship which has resulted from misuse, abuse or neglect by the Owner or Owner's agent. Representative: Elizabeth Robison, Project Manager Telephone: (406) 585-3420 Approved By: Title: President Steve . Langlas The foregoing was subscribed and sworn to before e / This day of 7 , 201 By Steve T. Langlas My Commis ion Expires: L ' SEAL ,,,,,,, MATT DRAKE Notary Public +�•,, NOTARY PUBLIC for the State of Montana �'— NOTARIAL*_ Residing at STATE OF �* SEAL =� r: Bozeman, Montana o�Mo��;�� My Commission Expires May 17, 2020 COUNTY OF IG:,uI W(, („("01,"I F Wo h'_lh. WN".. IhP) FI�I \l.ul il.. dull, .(ll hl,irui,ui. \ll )-976 l'�I11 .zS�.i4'll F +i)i,.�tii }I Ill �I) C'•1.•I l nuu., lnit. R :\{I:: hill, \.I ;0IW, P [O(, )1S 11-16 I AIA Document G704"' - 2017 Certificate of Substantial Completion PROJECT:(name and address) CONTRACT INFORMATION: CERTIFICATE INFORMATION: Story Mill Community Park Contract For:General Construction Certificate Number:001 600 Bridger Drive Date:January 12.2018 Date:07/18/2019 Bozeman,MT 59715 OWNER:(name and address) ARCHITECT:(nacre and address) CONTRACTOR:(name and address) The Trust for Public Land Design Workshop Langlas&Associates,Inc. 1007 East Main Street,Suite 300 120 East Main Street 1019 East Main Street,Suite 101 Bozeman,MT 59715 Aspen,CO 81661--1787 81611-1787 Bozeman,MT 59715 The Work identified below has been reviewed and found,to the Architect's best knowledge,information,and belief,to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated below is the date established by this Certificate. (Identify the If ork,or portion thereof that is substantially complete.) The entire project property is complete as of the date of this certificate,and shall be fully occupied and open to the public. Design Workshop GN/ % P 7��01 ARCHITECT(Firm Name) SIGN RE PRINTE NAME AND TITLE DATE OF SUBSTANTIAL COMPLETION WARRANTIES The date of Substantial Completion of the Project or portion designated above is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: (Identify warranties that do not commence on the date of Substaaial Completion,if any.and indicate their date of commencement.) N/A WORK TO BE COMPLETED OR CORRECTED A list of items to be completed or corrected is attached hereto,or transmitted as agreed upon by the parties,and identified as follows: (Identify the list of Work to be completed or corrected) Work in contract: Fasten pedestal feet of elevated%valkway trails to concrete footings once wetland ground water receeds. Straw placement and crimping on south cast parcel and south of Griffin Drive. Removal of SWPPP BMPs upon 85%vegetation establishment. Final Punch List is scheduled for Friday 07/19/2019 The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment,whichever occurs first.The Contractor will complete or correct the Work on the list of items attached hereto within ninety(90)days from the above date of Substantial Completion. Cost estimate of Work to be completed or corrected: $10,000 The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work,insurance,and other items identified below shall be as follows: (Note:arner's and Contractor's legal and insttrannce counsel should review insurance requirements and corer-age.) All responsibilities transfer to the Owner. The Owner and Contractor hereby accept the responsibilities assigned to them in this Certificate of Substantial Completion: AIA Document G704r'r—2017.Copyright® 1963.1978,1992.2000 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA-Document Is protected by U.S.Copyright law and International Tr,rr' :,.Unauthorized reproduction or distribution of this AIA"Doc;:rn^_nt,or any portion of it,may result in severe civil and criminal penalties,and .I rosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:00:40 MT on 07/18/2019 under Order No.5821364729 which expires on 1 211 712 01 9,and is not for resale. User Notes: (3B9ADA62) Stephen T.Lanelas. Lanelas R Associates,Inc. P President I CONTRACTOR(1--6-,n SI URE PRINTED NAME AND TITLE DATE A'mne) Madd1 Pope,Prqject "The"Trust for Public Land Ma.naser I - OWNER(Finn Ainue) qG NA RE PRINTED NAME AND TITLE DATE AIA Document G704TM—2017.Copyright© 1963,1978,1992,2000 and 2017 by The American Institute of Architects.All rights reserved.WAR;ill IG:Thk: AIA nnctimnnt I,prntnrtnd by U.S.Copyright Law and International rrpatin .unauthorizod(..production or distribution of this AIA Document,or Z any pu(iiun ui it,may rusuil in severe civil and criminal penalties,and will be prosecuted to the mexiinum extent possible under the law.This document was produced by AIA software at 16:00:40 MT on 0 711 812 01 9 under Order No.5821364729 which expires on 1 2/1 712 01 9,and is not for resale. User Notes. (3B9ADA62) THE Tune 13,2019 TRUST FOR WASHINGTON qot 5th.Ave. Mitchell J. Overton Suite 1520 Director, Parks and Recreation Department Seattle,wA City of Bozeman 98164 PO Box 1230 2o6.587.2447 Bozeman, Montana59771-1230 tpl.org RE: Story Mill Community Park Stewardship Grant from The Trust for Public Land Dear Mr. Overton: The Trust for Public Land ("TPL")and the City of Bozeman(the"City")are parties to that Memorandum of Understanding between the City of Bozeman and The Trust for Public Land for the Story Mill Community Park last signed by the parties on January 9,2015 (the "MOU"). Under the MOU,TPL cormrritted to contributing$3,700,000.00 in cash and in-kind contributions toward the design,construction and maintenance of a community public park at Story Mill (the "Park"). Part of TPL's anticipated contribution toward the maintenance of the Park was the creation of a Park stewardship fund in the amount of$200,000.00(Two Hundred Thousand Dollars) as shown in the Preliminary Park Budget attached to the MOU, such fluids to be granted by TPL to the City upon completion of the Park. The Park is now nearing completion. Upon execution of this letter agreement between TPL and the City,TPL will pay to the City the sum of$200,000.00 in satisfaction of TPL's commitment with respect to the Park stewardship fund contemplated by the MOU. In accepting the Park stewardship grant from TPL, the City agrees as follows: 1. The City will use the Park stewardship fund only to pay for routine or special maintenance of the Park.The types of stewardship expenses that are intended to be paid from the Park stewardship fund include, but are not limited to, irrigation system management,mowing and lawn maintenance, weed management,mulching and fertilization, litter removal and garbage pick-up,debris removal,pruning and tree maintenance,maintenance of structures,concrete, asphalt and gravel pathways,snow removal,playground maintenance and repairs. Upon project completion of the Park in July 2019,TPL shall provide the City with as-built drawings,project specifications,maintenance manuals containing warranty certifications, and training. The Park stewardship fluid may be used to support warranty extensions as the City feels necessary or appropriate for long-term Park maintenance purposes. � I 1 Mitchell J. Overton Bozeman Parks and Recreation June 13,2019 Page Two 2. The City will periodically provide TPL with information about expenses or costs paid from the Park stewardship grant, but need not obtain TPL's approval or consent prior to making such payments or incurring such costs. 3. TPL understands and acknowledges that, in completing the Park stewardship work fielded by the Park stewardship grant,the City may either utilize City employees to perform the work or may engage third party contractors and/or volunteers acting under the City's supervision to perform such stewardship work. 4. The City remains solely responsible for the maintenance and operation of the Park and for the administration and use of the Park stewardship fund. TPL shall have no obligation to monitor the City's maintenance of the Park nor its use of the Park stewardship fund. No legal partnership or agency between TPL and the City is established by the creation of the Park stewardship fund. Neither TPL nor the City is authorized or empowered to act as an agent or employee,or representative of the other, nor transact business or incur obligations in the name of the other party or for the account of the other party, nor use the other's name or logo in any way without the other party's prior written permission. Neither party shall be bound by the acts, representations or conduct of the other. S. The City will be responsible for compliance with any and all applicable administrative filings or other actions arising under any laws or regulations in connection with the City's receipt of the Park stewardship grant from TPL or its subsequent use of the grant. The City will be solely responsible for the payment to any and all third parties or contractors performing any stewardship work management funded by the Park stewardship grant. 6. This letter agreement shall be interpreted and governed by the laws of the State of Montana. The parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County,Montana. 7. This letter agreement is for the exclusive benefit of the City and TPL,does not constitute a third-party beneficiary agreement,and may not be relied upon or enforced by a third party. 8. This letter agreement shall be binding on the parties and their respective successors and assigns, and supersedes all prior or contemporaneous communications and negotiations, both oral and written. This letter agreement represents the entire agreement between the parties with respect to the payment of the Park stewardship grant by TPL to the City and the City's 2 Mitchell J. Overton Bozeman Parks and Recreation June 13, 2019 Page Three subsequent administration of the Park stewardship fund, and can only be amended by a written instrument signed by both parties. 9. This letter agreement may be executed in counterparts. THE TRUST FOR PUBLIC LAND By: ,A�ao ��(-) Title: � GI,�J(� d(k !'7)t2 Date: The terms and conditions of this letter agreement are hereby accepted and agreed to by the undersigned. For TPL's convenience in disbursing the Park stewardship grant to the City,the City's wire transfer instructions are attached. THE CITY OF BOZEMAN By: Title: (AN PASh Atit,e- Date: Jl.a.ha, 1 ,0 M 3 o_ (+ Story Mill Community Park Donor and Partner Recognition Statement The Story Mill Community Park("SMCP")is a 60-acre natural-area park located in northeast Bozeman, intended to serve Bozeman and the greater Gallatin Valley community. SMCP is being developed jointly by The Trust for Public Land("TPL") and the City of Bozeman("City"). SMCP will be owned and operated by the City and, as such, is and will be subject to the rules, regulations,policies, and processes of the City. TPL is an independent,non-profit public benefit corporation, and has entered into an agreement with the City to manage the design and construction of SMCP. As part of this effort, TPL is conducting a campaign to secure privately-raised funds to supplement the City's Trails, Open Space and Park bond monies,as well as other funds,which are financing the design and construction of SMCP. Donor recognition at SMCP is intended to reflect the comprehensive and invested community input that has created SMCP. TPL and the City will be positioned as the key partners in SMCP, with other financial supporters of SMCP receiving appropriate recognition as described in this Statement. Several key features of SMCP will be offered as opportunities for specific donor recognition at leadership levels of$50,000 or more. In addition, all donors of$10,000 or more will be recognized in a central feature of SMCP such as a donor wall. The form that donor recognition takes will be designed to complement SMCP's natural design and community appeal. This Statement summarizes the guidelines and procedures that TPL and the City have agreed to for recognizing donors at SMCP. 1. Recognition of TPL and the City TPL and the City shall be recognized for their roles as the co-lead developers of SMCP, including mention in appropriate print materials and on-site signage. TPL's logo or logotype will be included with the City's logo on all appropriate recognition and interpretation signage at SMCP. TPL shall also be recognized with the Entry Plaza naming opportunity. 2. Logos No corporate logos, brands, insignias, or direct advertising text may be used as part of any name association or naming opportunity feature at SMCP except for TPL and the City as provided for above. At the joint discretion of the City and TPL, the financial or other support of non- corporate organizations and entities may be acknowledged with logos or logotype on select interpretive signs and associated materials at SMCP. Page 1 of 4 Donor and Partner Recognition Statemeni jbr Story Mill Community Park 3. Accepting Naming Gifts All gifts solicited and received by TPL for SMCP that are eligible for a naming opportunity at SMCP must meet the requirements of TPL's Gift Acceptance Policy, a copy of which is attached to this Statement and hereby incorporated by this reference, as well as the provisions of this Statement. Any gift offered to and accepted by TPL which qualifies for, and is explicitly identified as being made in anticipation of a naming opportunity must be memorialized in a written agreement signed by the donor and TPL. 4. Changed Circumstances,Re-Naming,Removing Names Once named in recognition of a donor, features of SMCP will retain that name indefinitely unless and until such time as there is a substantial change in circumstances, such as the removal of the named feature from SMCP. In such cases, the donor will receive appropriate continued name recognition in connection with another comparable feature of SMCP as determined by TPL and the City in the spirit of the donor's original gift. TPL will make every reasonable effort to notify donors in these instances. TPL and the City reserve the right to refuse any requests by a donor to change the name of a SMCP feature once the name is in place. For any name change request to be undertaken,the donor must pay all costs related to executing the requested name change. Naming opportunities shall be limited to the name of individuals or entities that exemplify the attributes of integrity, character, and leadership consistent with the highest values of TPL and the City. The City and TPL may jointly agree to remove a donor's or honoree's name at any time if these values are not met. 5. Standards The SMCP Master Plan shall include a City-approved Donor Recognition Plan detailing standards for the design, materials,placement, and installation for all donor recognition features at SMCP, which standards shall ensure consistency with other signage and the design of the SMCP in general, complement the surroundings, and ensure that donor recognition features do not interfere with the use, enjoyment or aesthetics of surrounding SMCP amenities. Signage shall be placed in a prominent location near the applicable SMCP structure or feature. Materials used in donor recognition features shall be of high quality, vandalism resistant, and able to withstand harsh environments. TPL shall provide the City with the original artwork and fabrication specifications for all donor recognition features for City approval. The selected name of any structure or feature shall appear in all officially-produced maps or representations of the SMCP, in press releases, public announcements or other publicity that refer to the applicable named structure or feature. The City will maintain all such signage and will replace or repair signage damaged or destroyed by vandalism or through natural causes such as fires or floods. Donor recognition features shall be designed and installed along with the construction of SMCP and shall be paid for with funds being provided by TPL for the design and construction of Page 2 of 4 Donor and Partner Recognition Statement for Story Mill Community Park SMCP. All donor recognition features shall be the property of the City, and the maintenance, upkeep and replacement of such features shall be the responsibility of the City. 6. Donor Recognition Levels Specific donor recognition features shall be available based on pre-determined levels of donations. Donors in each giving category will be provided with donor recognition choices according to the order in which their gifts were received or pledged. The chart below describes the breakout of anticipated levels of donor giving that will merit naming recognition for specific features of SMCP. These levels and the corresponding SMCP features are subject to change by the mutual agreement of TPL and the City. Naming Naming Opportunity Gift Amount Example Park Feature Level Opportunities $5 million+ � Lead (at least 50% of One Story Mill Community Park Center goal) Signature Playground, Second Tier $1 million+ Up to two Nature Sanctuary(Span Bridge) Third Tier $500,000+ Up to three Amphitheatre, Grand Lawn, Homestead Pavilion Observation Hill, Pond and Fourth Tier $250,000+ Up to five Overlook, Entry Promenade,Tot Lot Play Area, Community Pavilion River Walk,Reunion Pavilion, Teaching Garden &Edible Food Forest Trail, Family-Friendly River Fifth Tier $100,000+ Up to eight Access Area, River Confluence Accessible Platform, Climbing Boulder and Trail, Labyrinth, Dog Park Sixth Tier $50,000+ Up to eleven Fitness Lawn, Trestle Bridge, Fishing Access, Bird Blind(2), Page 3 of 4 Donor and Partner Recognition Statement for Story Mill Community Park Bond Street Gate, Spur Trail Gate, Picnic Pavilion(2), Confluence Trail,Bridger Connector Trail Donor List All gifts greater than Unlimited Central wall,tiled floor,engraved $10,000 railing,or other feature 7. Application& Modification This Statement shall apply only to SMCP, and is in no way intended to be, not shall it be construed to be controlling on any other City-owned property,park,place or amenity. This Statement may be amended in whole or part only through the written agreement of TPL and the City. For all actions requiring.City consent, approval or concurrence under this statement, such approval,consent or concurrence may be given by the Director of the City of Bozeman Department of Parks and Recreation. By signing below, TPL and the City acknowledge and confirm that this Statement reflects their joint understanding and agreement with regard to the handling of donor recognition of features at SMCP. The Tru r Pu is Land City of Bozeman By• By: CIQOI�J' Title:��c`�G`e�n ' o c� rc c- Title: &bAa q&_r Date: \-1 WO (O Date - y- ove to orm: Ci ttorney Page 4 of 4