HomeMy WebLinkAbout12-22-20 City Commission Packet Materials - F7. PSA w Sanderson Stewart for Westlake ParkMemorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with
Sanderson Stewart for Landscape and Civil Engineering Design at Westlake
Park
MEETING DATE:December 22, 2020
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Professional Services Agreement with
Sanderson Stewart for Landscape and Civil Engineering Design at Westlake
Park
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The City Commission approved a request from Gallatin Valley BMX and
Southwest Montana BMX for cash-in-lieu of parkland funding for
improvements in Westlake Park on December 8, 2020. The improvements
require landscape and civil engineering design services and submittal of an
application to the Community Development Department and other related
permitting.
The Professional Services Agreement authorizes Sanderson Stewart to
commence work as described in Attachment A: Proposal and Scope of
Services
UNRESOLVED ISSUES:N/A
ALTERNATIVES:Per the City Commission.
FISCAL EFFECTS:Funding for the PSA was authorized via Resolution 5238 which approved the
allocation of cash-in-lieu of parkland dedication funds for improvements to
Westlake Parks.
Attachments:
PSA.Sanderson Stewart.2020WestlakeCILP.docx
PSA.Sanderson Stewart.2020WestlakeCILP-
AttachmentA.docx.pdf
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Report compiled on: December 10, 2020
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__, by
and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation
organized and existing under its Charter and the lawsof 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, SANDERSON STEWART, 1610 Ellis St #2b, Bozeman, MT 59715,
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 Attachment 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 31st day of August, 2021.
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
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effective and applicable to Gallatin County, Montana which schedule
is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation
of the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
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
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.
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FY 2021 – FY 2022
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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 obligationsshall 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
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, Contractorshall 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.
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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; and
Automobile Liability - $1,000,000 property damage/bodily injury per accident.
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 thirty
(30) 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:
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.
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FY 2021 – FY 2022
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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.
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,
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
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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 Addi Jadin, Parks Planning and Development Manager, 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
purpose of this Agreement shall be Erik Sweet 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.
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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 subcontractors 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.
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
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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: In the event it becomes necessary for either Party 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.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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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 Attachments 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for Landscape and Civil Engineering Design for Westlake Park
FY 2021 – FY 2022
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IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART,
CONTRACTOR
By________________________________By__________________________________
Jeff Mihelich, City Manager Danielle Scharf, Principal
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Initials
November 9, 2020
Ms. Addi Jadin
Parks Planning and Development Manager
City of Bozeman Parks and Recreation Department
P.O. Box 1230
Bozeman, MT 59771
Reference: Agreement for Professional Civil Engineering and Landscape Architecture Services
Dear Ms. Jadin:
The following is a proposal for Sanderson Stewart to provide certain services in connection with
your project, which is generally described as follows:
Design and submittal of Site Plan Application to include Landscape and Civil
Engineering drawings for storm water and grading for review and approval of
the next phase of work.
If this proposal is acceptable to you, please execute this agreement where noted. This agreement,
along with the attached Terms and Conditions sets forth the terms of the contract between City of
Bozeman Parks and Recreation Department (hereinafter “Client”) and Sanderson Stewart. The
attached Terms and Conditions are expressly incorporated into and made part of the contract
between Client and Sanderson Stewart.
Scope of Work
Sanderson Stewart will provide the following services as part of its basic services:
1. Site Plan Application
• Design site improvements anticipated to consist of revisions to the pump track,
irrigation and some minor landscape improvements, along with civil documents to
prepare a Site Plan Application submittal package
• Existing Conditions Plan – Topographic Survey Sheet
• Provide landscape design to consist of reseeding of construction disturbance, some
small landscape improvements along the revised pump track and North 5th Avenue,
grading, and an updated irrigation plan (moving existing lines/main/valves and
heads) for Site Plan Review Submittal
• Provide Civil grading and Storm Water Plans for Site Plan review and approval
• Prepare Site Plan Application Checklist and supporting documents
• Opinion of probable cost for Phase 1 Improvements
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Ms. Addi Jadin
November 9, 2020
Page 2
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Initials
Services not set forth above as basic services are specifically excluded from the scope of Sanderson
Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not
specifically listed as basic services.
Additional services are not included in the basic services. If the Client and Sanderson Stewart agree
in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as
requested by the Client.
Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to
provide, without advance authorization from the Client, other services made necessary by the default
of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the
contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon
as reasonably possible.
Project Staff
The following Sanderson Stewart staff will be assigned to the project:
Project Manager: Erik Sweet, PLA, ASLA – Senior Landscape Architect
Additional Project Staff: Mike Russell, PE – Senior Civil Engineer
Lauren Waterton, AICP – Senior Land Planner
Jorie Creel, PLA – Landscape Architect
Addison Martoncik – Landscape Designer
Jacob Zwemke, EI – Staff Engineer
Sanderson Stewart may, in its discretion, utilize other or different personnel on the project.
Project Schedule
Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart shall prepare
all work per the scope of work within the project schedule as established by the Client. This
schedule shall include reasonable allowances for review and approval times required by the Client,
performance of services by the Client’s consultants, and review and approval times required by
public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as
the project progresses, allowing for changes in scope, character, or size of the project requested by
the Client, or for delays or other causes beyond Sanderson Stewart’s reasonable control.
The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control
may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement.
Sanderson Stewart will perform these services with reasonable diligence and expediency consistent
with sound professional practices.
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Ms. Addi Jadin
November 9, 2020
Page 3
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Initials
Fees and Billing Arrangements
Invoice and Billing: Sanderson Stewart will bill for its services on a lump basis in the amount of
$23,000.00. Sanderson Stewart will begin work once this agreement has been executed by both
parties.
Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. For services provided on a lump sum basis, the amount of each monthly invoice shall be
determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the
percentage of the total work (provided on a lump sum basis) accomplished during the invoicing
period. Monthly invoices shall include, separately listed, any charges for services for which time
charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges
for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be
submitted by Sanderson Stewart as soon as possible after the end of the month in which the work
was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that
the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless
the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson
Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for
additional backup.
Entire Agreement: This agreement, including the attached Terms and Conditions incorporated
into and made part of this contract, constitutes the entire agreement between Sanderson Stewart and
Client. It supersedes all prior communications, understandings and agreements, whether oral or
written. It shall become effective after being signed and dated by both parties and, upon each page
being initialed by Sanderson Stewart. Any amendment or modification to this contract must be
written and executed by both Sanderson Stewart and Client.
Conclusion
Ms. Jadin, we look forward to working with you on this very exciting project. Feel free to call me at
406/869-3344 if you have any questions regarding this proposal. Otherwise, if it meets your
approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis Street,
Suite 2B or esweet@sandersonstewart.com. Thank you.
Sincerely,
Erik Sweet, PLA, ASLA
Senior Landscape Architect
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Ms. Addi Jadin
November 9, 2020
Page 4
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Initials
I hereby authorize SANDERSON STEWART to proceed as described above and, by my signature,
acknowledge and agree to the Terms and Conditions attached to and made part of this contract.
Moreover, an electronic or faxed copy of my signature shall be as effective as any original:
By
Client Title Date
By
Sanderson Stewart Title Date
EJS/ep
Enc.
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