HomeMy WebLinkAbout23 - Professional Services Agreements - Stay Green Sprinklers, Inc - Bozeman City Parks Irrigation and Maintenance DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Irrigation MainteTpce Services Zone 2 dated March 23, 2021
(the "Agreement") is made and entered into this day of January 9 2023, 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."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged,the parties hereto agree to amend the Agreement
as follows:
1. Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2. Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated March 23, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on March 23, 2024.
3. Agreement still valid.All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2
FY 2023—FY 2024
Page 1 of 2
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA STAY GREEN SPRINKLERS INC.
DocuSigned by:
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DocuSigned by: ,` DocuSigned by:
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By ,,251607FD8A824A6... By 440 ,,2FA874B1...
Jeff Mihelich, City Manager Print Name:Jason wood
Title: President/owner
APPROVED AS TO FORM
DocuSigned by:
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Greg Sullivan, Bozeman City Attorney
Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2
FY 2023—FY 2024
Page 2 of 2
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
V 9x
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 23rd 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.
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
S. 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.
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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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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:
• Workers' Compensation—statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability-$1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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.
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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
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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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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. Attorneys 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.
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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:C7EE3262-F287-45C9-894C-DBDA87170CE6
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 Jason A wood
DocuSigned 'CONTRACTOR (Type Name Above)
DocuSigned by: '$Oy
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Jeff Mihelich, City Manager
Jason wood
Print Name:
Print Title: President/owner
APPROVED AS TO FORM:
DocuSigned by:
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Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Exhibit A
BOZ E MAN MT
Parks & Recreation
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
IRRIGATION MAINTENANCE SERVICES ZONE: 2
City of Bozeman
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Exhibit A
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.
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Exhibit A
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.
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Hppena(x L: 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. 2-13 1x/year $ 1x/year $
YES/UNK to Cattail St.&Blackbird Dr.
to Warbler Way.
TURF:YES/FAIR Downy Ln.to Savannah St.
SANDAN PARK IRRIGATION:YES/ME &Fen Way Blackbird Dr. 2-Ci 1x/year $ 1x/year $
DIUM/FAIR
CATTAIL CREEK TURF:YES/UNK Catron St.to Catamount&
PARK PHASE 3 IRRIGATION: Blackbird Dr.to Warbler Way. 2-D 1x/year $ 1x/year $
YES/MEDIUM/FAIR
HARVEST CREEK TURF:YES/FAIR W.Oak St.to Durston Rd.
PARK 1-4 IRRIGATION: &Springbrook Ave.to to 2-E 1x/year $ 1x/year $
YES/SMALL/FAIR N.27th Ave.
WALTON TURF:YES/FAIR Corner of 15th Ave.and
HOMESTEAD PARK IRRIGATION: Juniper St. 2-H 1x/year $ 1x/year $
YES/SMALL/FAIR
TURF:YES/FAIR Between Drouillard Dr.
WESTGLEN PARK IRRIGATION: and MeriweatherAve.at 2-1 1x/year $ 1x/year $
YES/MEDIUM/FAIR Mendenhall St.
BRIDGER CREEK TURF:YES/FAIR Off Boyland Rd.Park with
PARK PHASE 1 IRRIGATION: a pond. 2-K 1x/year $ 1x/year $
YES/MEDIUM/FAIR
DIAMOND ESTATES TURF:YES/FAIR Oak St.&Agate Ave.
PUBLIC PARK IRRIGATION: Road buffer at Oak& 2-,J 1x/year $ 1x/year $
YES/SMALL/FAIR detention pond Area.
TURF:YES/FAIR N.Ferguson Ave.to
OAK SPRINGS PARK IRRIGATION:YES Yellowstone Ave.& 2-1{ 1x/year $ 1x/year $
Renova Ln.to Annie St.
PH.2:Augusta Dr.off
BRIDGER CREEK TURF:YES/FAIR Mcilhattan Rd.PH.3 Trail
PARK PHASE 2-3 IRRIGATION: corrador Story Mill Dr.to 2-L 1x/year $ 1x/year $
YES/MEDIUM/FAIR Mcillhattan Rd.&North of
St Andrews Dr.
VILLAGE TURF:UNK E-W trail corridor N.
DOWNTOWN PARK IRRIGATION: Broadway Ave.to Village 2-M Ix/year $ 1x/year $
YES/MEDIUM/FAIR Crossina Wa .
BAXTER SQUARE TURF:YES/FAIR Corner of Sartain St.and
PARK IRRIGATION: Renee Way&Baxter Ln. 2-N 1x/year $ Ix/year $
YES/SMALL/FAIR to Sartain St.
WEST WINDS PARK TURF:YES/FAIR Oak St.to Baxter Ln. &
(ALL PHASES) IRRIGATION: Davis Ln.to 27th Ave. 2-0 1 x/year $ 1 x/year $
YES/MEDIUM/FAIR
LEGENDS AT TURF:YES/UNK
BRIDGER CREEK IRRIGATION: North of Pinicle Star St. 2-P 1 x/year $ 1 x/year $
PARK 1 YES/UNK
LEGENDS AT TURF:YES/GOOD Boyland Rd.W.of Pinicle
BRIDGER CREEK IRRIGATION: 2-Q 1x/year $ 1x/year $
PARK 2 YES/MEDIU/FAIR Star St.
CREEKWOOD SUB TURF:YES/FAIR
PARK IRRIGATION: End of Creekwood Dr. 2-R 1x/year $ 1x/year $
YES/MEDIUM/FAIR
TURF:YES/FAIR East of Davis Ln.on
CATTAIL LAKE PARK IRRIGATION:YES Troutmeadow,Rd.& 2-$ 1x/year $ Ix/year $
Blackbird Dr.
TURF:YES/FAIR W.Villard St.between
PINE MEADOW PARK IRRIGATION: Valley Dr.and 2-T 1x/year $ 1x/year $
YES/SMALL/FAIR Merriwether
OAK MEADOWS TURF:YES/FAIR Crabapple Dr.to Juniper St.
PARK IRRIGATION: &N.14th Ave to N.12th 2-U 1x/year $ 1x/year $
YES/MEDIUM/FAIR lAve.
Additional Services:Fixed Per Hour Rates
Service/Discription Per Hour Rates ADDITIONAL COMMENTS
Irrigation System labor for miscellaneous maintenance(Labor Only). $
system programming for routine sprinkler cycles(Labor Only). $
Repair/Replacement of irrigation system components.(Labor Only). $
Repair/Replacement of irrigation system components.(Labor Only). $
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Nq
—r" •' 90�t3MAt '
�; Paf11 Maintenance
100
P MROJECT .. .• + , L. J...ilf'v �y�. '� _.•ti BrldT�,.l, �_:` _
LOCATION 1 _ -__. �_••— Zone "'•r.�
MONTANA 5... 9�
Black ' -, '-.1 ••~ "`'••.., i / ` - 1 I► �` �., ( ! L_ `��_
I Bull Golf
( courset•• -
`,l
i I !Ga!/at/ '
1�1- 4�. r .. .. s D �••� ` I Zone 1
�, .•\ _ ; i� +_ +1 GIs@l
�', y..a•� hbntanajSt_te y1, ��^'�_•.�
\ Unive it i ! rs I 4'�. 0 _ ,. Zone 3 _
ILI
re
I r i
.76
L._ }
�../ Parks
iy f-••� rr i
^o cr _I
- Total HOAAcreage'217
Zone t Acreage.95 f
Zone 2 Acreage-107
- CItyLimitsA v,.. I ALreSUL is
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP • • ' -� -
PARKS MAINTENANCE ZONE 1-3 MA.Pd��9
Appendix C: Maintenance Schedule Zone 2 Exhibit 0,
MAP/ LOCATION : OVERVIEW MO.
LK 1 21
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Exhibit B
S TA YuPr
SPRI NKL ERS INC
THE WATER CONSERVATION SPECIALISTS
February 19, 2021
Jason Wood, President
Stay Green Sprinklers, Inc.
406-570-9223
jason@,stqyp,reensl2rinklers.com
POB 10461 Bozeman, MT 59719
www.staygieensi2rinklers.com
I
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
txnlici i 15
Appendix C: Maintenance Schedule Zone 2(IRRIGATION)
PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS
(GREENAREAONLY) 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 lxtyear $SZS 1x/year $S25
YES/UNK to Cattail St.&Blackbird Dr.
to Warbler Way.
TURF:YES/FAIR Danny Ln.to Savannah St
SANDAN PARK IRRIGATION-YES/ME DIUM/FAIR &Fen Way to Blackbird Dr. 2-C 1x/year $'Z 010 1x/year $Z°d
CATTAIL CREEK TURF:YES/UNK Catron St.to catamount 8
PARK PHASE 3 IRRIGATION: Blackbird Dr.to Warbler way 2-D 1x/year $3 SO 1x/year $ so
YES/MEDIUM/FAIR
VEST CREEK TURF:YES/FAIR W.Oak St.to Durston Rd.
HAR
PARVES IRRIGATION: &Springbrook Ave.to to 2-E 1x/year $'ISO lxtyear $7S0
YES/SMALUFAIR N.27th Ave.
WALTON TURF:YES/FAIR Comer of 151h Ave.and
HOMESTEAD PARK IRRIGATION: Juniper St. 2-I"I 1x/year $1 s lxtyear $-75
YES/SMALUFAIR
TURF:YES/FAIR Between Drouillard Dr.
WESTGLEN PARK IRRIGATION: and Meriwealher Ave.at 2-1 1x/year $ 5 lxtyear $ '7 S
YES/MEDIUM/FAIR Mendenhall St.
BRIDGER CREEK TURF:YES/FAIR Off Boyland Rd.Park with
PARKPHASEI IRRIGATION: apond. 2-K 1x/year $ZS0 lxtyear $ZSO
YES/MEDIUM/FAIR
PH.2:Augusta Dr.off
BRIDGER CREEK TURF-YES/FAIR Mcilhattan Rd.PH.3 Trail
PARK PHASE 2-3 IRRIGATION: corrador Story Mill Dr.to 2-I_ lxtyear $y0 O lxtyear $ydv
YES/MEDIUM/FAIR Mcillhatlan Rd.&North of
VILLAGE TURF:LINK E-W bail corridorN.
DOWNTOWN PARK IRRIGATION: Broadway Ave.to Village 2-IUI lxtyear $ S lxtyear $7 S
YES/MEDIUM/FAIR
BARTER SQUARE TURF:YES/FAIR Comer of Sartain St.and
PARK IRRIGATION: Renee Way&BaxterLn. 2-N lxtyear $300 lxtyear $3010
YES/SMALUFAIR
WEST WINDS PARK TURF:YES/FAIR
IRRIGATION: Oak St.to Baxter Ln. & 2-0 lxtyear $f Soo lxtyear $J S.a
(ALL PHASES) YES/MEDIUM/FAIR Davis Ln.to 27th Ave. r
LEGENDS AT TURF:YES/UNK
BRIDGER CREEK IRRIGATION: North of Pinide Star St. 2-P lxtyear $J'1O 1x/year $i8O
PARK 1 YES/UNK
LEGENDS AT TURF:YES/GOOD
BRIDGER CREEK IRRIGATION: Boyland Rd.W.of Pinicle 2-Q lxtyear $350 lxtyear $350
PARK 2 YES/MEDIU/FAIR Star St.
CREEKWOOD SUB TURF:YES/FAIR
PARK IRRIGATION: End of Creekwood Dr. 2-R lxtyear $749 0 lxtyear $Z,$O
YES/MEDIUM/FAIR
TURF,YES/FAIR East of Davis Ln.on
CATTAIL LAKE PARK IRRIGATION:YES Troulmeadow Rd.& 2-S 1x/year $6 Z S 1x/year $625
TURF:YES/FAIR W.Villard St.between
PINE MEADOW PARK IRRIGATION: Valley Dr.and 2-T lxtyear $JOc1 lxtyear $f0,3
YES/SMALU FAIR
OAK MEADOWS TURF:YES/FAIR crabapple Dr.to Juniper St.PARK IRRIGATION: &N.14th Ave toN.l2th 2-U lxtyear S725 lxtyear $ZQS
YES/MEDIUM/FAIR
Additional Services:Fixed Per Hour Rates
Service/Discri tion Per Hour Rates ADDITIONAL COMMENTS
Irrigation System labor for miscellaneous maintenance(Labor Only). $—7 SA C_
system programming for routine sprinkler cycles(Labor Only). $—7 S rvv fcx_ P
Repair/Replacement of irrigation system components.(Labor Only). $
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
Exhibit B
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
S-A-7 GAt'1" ��"'-- crS , A-c- - (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, Sf—fir (�5ivz- //<,'S , If-C.(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://egualpay.mt.gov/BestPractices/Emplovers or equivalent "best practices
publication and has read the material.
,.� �-
N e and title of person authorized to sign on behalf of submitter
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
d�Z
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trails District Irrigation Maintenance Services Zone 2 dated March 23, 2021 (the
"Agreement") is made and entered into this 1st day of March , 2022, 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."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged,the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 31 Professional Services Agreement between the City and
Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on March 23, 2023.
2. Agreement still valid.All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2
Page 1 of 2
DocuSign Envelope ID:C7EE3262-F287-45C9-894C-DBDA87170CE6
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA STAY GREEN SPRINKLERS,INC.
DocuSigned by:
DocuSigned by: _1 �uo\f DocuSgned by:
�(f ,t, . 2 [�#"S't"'2FA874P
Md
By J.ee3'" By
Jeff Mihelich, City Man err Print Name: 3ason wood
Title: President/owner
APPROVED AS TO FORM
B FDocuSigned by:
A SC A)A (t''O'
Greg Sullivan, Bozeman City Attorney
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2
Page 2 of 2