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HomeMy WebLinkAbout21- Professional Services Agreement - Stay Green Sprinklers - Irrigation Zone 2Page 13 of 25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” 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.Effective Date: This Agreement is effective upon the date of execution. 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 Appendix C Maintenance Schedule Zone 2 (IRRIGATION) attached hereto as Exhibit B. 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. 23rd DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 14 of 25 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, 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 the 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, Montana Code Annotated (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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 15 of 25 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, 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. 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 effect 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 16 of 25 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 intentional 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 City as 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 the City 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 City 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 City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 17 of 25 Contractor also waives any and all claims and recourse against the City, 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 [City’s] 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 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. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: x Workers’ Compensation – statutory; x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City 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. 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. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 18 of 25 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. 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, the 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 19 of 25 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 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 and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 20 of 25 to other designated City personnel or agents as designated by the City in writing 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 _____________________ 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. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 21 of 25 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. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 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 its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 22 of 25 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 of 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 including the City Attorney’s Office staff. 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 this Agreement for the maximum period allowed under applicable law. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 23 of 25 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 herein 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.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. 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 three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 24 of 25 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _______________________________ CONTRACTOR (Type Name Above) By________________________________ By_________________________________ Jeff Mihelich, City Manager Print Name: _________________________ Print Title: __________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Jason A Wood President/Owner Jason Wood City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 2 City of Bozeman Bozeman, MT Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 5 of 25 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 2. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 2 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 2 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 2 Irrigation Additional Services. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Page 6 of 25 Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY) CATTAIL CREEK PARKS A & B TURF: YES/UNK IRRIGATION: YES/UNK Park A: Blackbird Dr. to Warbler Way & South fo Cattail St. Park B: Catron St. to Cattail St. & Blackbird Dr. to Warbler Way. 2-B 1x/year $1x/year $ SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME DIUM/FAIR Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/year $1x/year $ CATTAIL CREEK PARK PHASE 3 TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Catron St. to Catamount & Blackbird Dr. to Warbler Way.2-D 1x/year $1x/year $ HARVEST CREEK PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.2-E 1x/year $1x/year $ WALTON HOMESTEAD PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of 15th Ave. and Juniper St. 2-H 1x/year $1x/year $ WESTGLEN PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. 2-I 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 1 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Off Boyland Rd. Park with a pond. 2-K 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 2-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 2-K 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 2-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. 2-L 1x/year $1x/year $ VILLAGE DOWNTOWN PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR E-W trail corridor N. Broadway Ave. to Village Crossing Way.2-M 1x/year $1x/year $ BAXTER SQUARE PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of Sartain St. and Renee Way & Baxter Ln. to Sartain St. 2-N 1x/year $1x/year $ WEST WINDS PARK (ALL PHASES) TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 1 TURF: YES/UNK IRRIGATION: YES/UNK North of Pinicle Star St. 2-P 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 2 TURF: YES/GOOD IRRIGATION: YES/MEDIU/FAIR Boyland Rd. W. of Pinicle Star St. 2-Q 1x/year $1x/year $ CREEKWOOD SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/year $1x/year $ CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. 2-S 1x/year $1x/year $ PINE MEADOW PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Villard St. between Valley Dr. and Merriwether 2-T 1x/year $ 1x/year $ OAK MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Crabapple Dr. to Juniper St. & N. 14th Ave to N. 12th Ave. 2-U 1x/year $ 1x/year $ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ system programming for routine sprinkler cycles (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS Parks DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 2 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 STAYiBREEN SPRINKLERS INC THE WATER CONSERVATION SPECIALISTS February 19, 2021 Jason Wood, President Stay Green Sprinklers, Inc. 406-570-9223 jason@staygreensprinklers.com POB 10461 Bozeman, MT 59719 www.staygreensprinklers.com Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS (GREEN AREA ONLY) STARTUP: WINTERIZATION : Parks Park A: Blackbird Dr. to CATTAIL CREEK TURF: YES/UNK Warbler Way & South fo PARKS A&B IRRIGATION: Cattail St. Park B: Catron St. 2-B 1lc/year $S"-Z.S 1x/year $;-is YES/UNK to Cattail St. & Blackbird Dr. to Warbler Way. TURF: YES/FAIR SANOAN PARK IRRIGATION:YES/ME 2-C 1x/year $ 20<> 1x/year $ 1,oO DIUM/FAIR CATTAIL CREEK TURF: YES/UNK $3So IRRIGATION: 2-0 1x/year $��<) 1x/year PARK PHASE3 YES/MEDIUM/FAIR HARVEST CREEK TURF: YES/FAIR IRRIGATION: 2-E 1x/year $;so 1x/year $7So PARK1-4 YES/SMALUFAIR WALTON TURF: YES/FAIR HOMESTEAD PARK IRRIGATION: 2-H 1x/year $1$ 1x/year $t5 YES/SMALUFAIR TURF: YES/FAIR WESTGLEN PARK IRRIGATION: 2-1 1x/year $7S 1x/year $ ,sYES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR IRRIGATION: 2-K 1x/year $2,c;o 1x/year $'2�0 PARK PHASE 1 YES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR $'/<>� PARK PHASE 2-3 IRRIGATION: 2-L 1x/year $'-/OO 1x/year YES/MEDIUM/FAIR VILLAGE TURF:UNK IRRIGATION: 2-M 1x/year $/5 1x/year $,s DOWNTOWN PARK YES/MEDIUM/FAIR BAXTER SQUARE TURF: YES/FAIR IRRIGATION: 2-N 1x/year $3oO 1x/year $joo PARK YES/SMALUFAIR WEST WINDS PARK TURF: YES/FAIR (ALL PHASES) IRRIGATION: 2-0 1x/year $J,soo 1x/year $/,�"'' YES/MEDIUM/FAIR LEGENDS AT TURF: YES/UNK BRIDGER CREEK IRRIGATION: 2-P 1x/year $/10 1x/year $/10 PARK1 YES/UNK LEGENDS AT TURF: YES/GOOD BRIDGER CREEK IRRIGATION: 2-Q 1x/year $'3SO 1x/year $JC,o PARK2 YES/MEDIU/FAIR CREEKWOOD SUB TURF: YES/FAIR IRRIGATION: 2-R 1x/year $1,�0 1x/year $1,.�0 PARK YES/MEDIUM/FAIR TURF: YES/FAIR $C'ZS CATTAIL LAKE PARK IRRIGATION: YES 2-S 1x/year $61S 1x/year TURF: YES/FAIR PINE MEADOW PARK IRRIGATION: 2-T 1x/year $/Ou 1x/year $J<;,a YES/SMALUFAIR OAK MEAOOWS TURF: YES/FAIR fZiS PARK IRRIGATION: 2-U 1x/year 1x/year $-zis YES/MEDIUM/FAIR Downy Ln. to Savannah SL & Fen Way lo Blackbird Dr. Catron St. to Catamount & Black.bin::I Dr. to Warbfer Way. W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave. Comer of 15th Ave. and Juniper St. Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. Off Boyland Rd. Par!< with a pond. PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. E-W trail comdor N. Broadway Ave. to Village Crossina Wav. Comer of Sartain St. and Renee Way & Baxter Ln. to Sartain St. Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. North of Pinicte Star St. Boyland Rd. W. of Pinkie Star St. End of Creekwood Dr. East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. W. Villard St. between Valley Dr. and Meniwether Crabapple Dr. to Juniper St. & N.14th Ave to N. 12th Ave. Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Irrigation System labor for miscellaneous maintenance (Labor Only). $ ,c;ft..r- system programming for routine sprinkler cycles (labor Only). $(� r-"'c:.L-s�, Repair/Replacement of irrigation system components. (Labor Only). $ 7$ /L..r- Exhibit BDocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION s�'7 b!'r::,eA �r,,..f..la--s I !tvc... (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, 'S;f-.y 6('C:...,/\. 9,,.,� /e.krs I lrvc ,(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://equalpay.mt.gov/BestPractices/Employers. or equivalent "best practices publication and has read the material. 4-,d.�,,ores,oh,--+ �d title of person authorized to ;ig� on behalf of submitter Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260