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HomeMy WebLinkAbout13- Amendment No. 1 to PSA between City of Bozeman and Confluence Consulting Amendment No. I to Professional Services Agreement for Bozeman Creek Enhancement Design and Construction Administration for Bogert Park THIS AGREEMENT is made as of this 2013, between Bozeman,THE CITY OF BOZEMAN, a Municipal Corporation, P O. Box 1230 Bozeman', 59771-1230 (OWNER) and Confluence Consulting, P.O. Box 1133 Bozeman, Montana, 59715 (CONSULTANT). WHEREAS, the parties have entered into a Professional Services Agreement dated March 28, 2012, herein referred to as Original Agreement for the First Stage of Design for the Bozeman Creek Enhancement Project for Bogert Park; and WHEREAS, the Scope of Work included as Attachment A of the Original Agreement contained a provision that upon acquisition of the necessary funding and at the sole discretion of the City Confluence Consulting may be selected to complete the design and oversee the construction of the project to its completion. WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached Scope of Work for Bozeman Creek Enhancements at Bogert Park Submitted 12/2/13 are hereby incorporated in and made part of this agreement. The Scope of Services and Consulting Fees are increased per this exhibit. Section 3—Scope of Work: Section 3 of the original agreement is modified to include the following: The detailed description of the specific project components is described as follows: Perform final design, permitting and bidding for the Bozeman Creek Enhancement at Bogert Park Project. Section 4—Payment: Section 4 of the original agreement is modified to include the following: Consultant is to complete stage 2 of design and produce the specified project deliverables for a total fixed cost of$132,099.50. This figure includes all labor, equipment, materials, and expenses. Deliverables and deadlines are specified in attached Scope of Work for Bozeman Creek Enhancements at Bogert Park Submitted 12/2/13. Work may begin once City so 1 notifies Consultant. Consultant shall be paid on a fixed fee basis with the total amount not to exceed $132,099.50 for Design Stage 2. Progress payments will be paid monthly upon submittal of itemized invoices providing percentage complete for major task items. Progress payments shall not exceed specified amounts prior to receipt of deliverables, as shown below: A maximum of$117,179.50 upon City receipt of Deliverables 2, 3 and 4 (Final Design and CLOMR Application). A maximum of$130,099.50 upon City receipt of Deliverables 6.1 and 6.2 (Final Design Reporting) • The balance($132,099.50) upon receipt of Deliverable 5.1 (Final Bid Package) • The balance shall be payable upon City receipt of approval of Deliverables 4, 5, and 6. Payment for additional work under this contract is to be determined. Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do snake and execute this Agreement. CITY OF BOZEMAN CONFLUENCE NSULTING BY: BY: (City Manager) (President) DATE: ( - d - DATE: 4 a ATTEST �' BY. (City C erg) U 3 Scope of Work for Bozeman Creek Enhancements at Bogert Park Submitted 12102113 Stage 2 - Final Designs and Specifications Task 1, Project Management This task includes all project management tasks as necessary to successfully complete this phase of work. Project management subtasks include: 1'.1 Contracting, subcontracting, budget tracking, and progress reports. 1.2 Project team communication, coordination, and logistics. Includes internal design team meetings, coordination and communication with client, and coordinating subcontractor activities. This task includes Confluence's attendance to a Pre-bid meeting with client and prospective bidders, Task I Deliverables 1. Budget updates, as requested Task 2. Final Design Final design subtasks include: 2.1 - Survey a. Surveying bankfull channel dimensions and profiles upstream of Bogert Park to assist in finalizing a design discharge for the project reach, b, Survey Footers, Bridge Site, and Park Trees-Pavilion footers will be surveyed after excavation. Topographic survey of the channel and overbank area in the immediate vicinity of the proposed bridge location will be surveyed for use in final bridge design. Additional trees within the project site that have not been surveyed will be surveyed. The following provides criteria for the additional tree survey: • All trees located away from the creek will include trunk and canopy diameters. • Trees with a trunk diameter greater than 6" will be surveyed along the east side of the creek and trunk diameter will be given. • Only information for canopies that extends below 8' high will be given. The continuous canopy line along the creek previously surveyed will be shown. This is a high canopy of large trees. No trees will be surveyed on the west side of the creek except the area near the new bridge. All trees greater than 6" will be surveyed 50 feet upstream and downstream of the proposed bridge site on both sides of the bank. c. Survey park infrastructure, playground detail- Survey will include the existing visible park infrastructure that has not already been surveyed, including irrigation valves and utility lines marked by the City of Bozeman. In addition, individual playground equipment and the existing limits of the wood chip and tot lot surfaces will be surveyed. I cl. Tie existing surveys into horizontal and vertical datum using local benchmarks— Additional survey provided in this scope of work will be incorporated with the existing survey. The surveys will be compiled into an existing topographic TIN to be used as an existing conditions base map for use in the park and channel design as well as FEMA permitting. The surface will be set to the NAVD88 vertical datum and the NAD 83 Montana State Plane horizontal datum. 2.2 - Hydrologic analysis to finalize design flows for low flow, bank full flow, and flood flows 2.3 - Hydraulic analysis of incipient motion, depth of scour, and sediment transport through the proposed project reach: Channel dimensions will be refined by integrating hydraulic models with basic sediment transport analyses and will account for the influence of the new footbridge. Channel dimensions will be sized to convey the established bankfull discharge without resulting in degradation or aggradation of the channel bed. Lateral stability design will include a hydraulic analysis at meander bends to determine the shear stress along the channel banks. Stone toe and gravel bank gradations will be designed using incipient motion calculations to withstand the shear stress up to the discharge specified in the preliminary design report. Coir fabric encapsulated soil lifts will be designed to withstand the design criteria shear stress and will include vegetative components. Vertical stability design will include an analysis of sediment transport and incipient motion to design riffle and pool bed materials that will only mobilize at the discharges specified in the design criteria. 2.4 - Determination of the extent of pavilion footers and the structural support requirements to aid in designing the extent of floodplain expansion adjacent to the pavilion. a, Excavate Pavilion Footers —Each Pavilion Footer on the west side of the pavilion will be excavated to determine the elevation and dimensions of footings for geotechnical and structural evaluation, b. Geotechnical and Structural Evaluation of Pavilion, Footers —A geotechnical investigation of the bearing soils beneath and adjacent to the pavilion footings will be conducted along with a structural loading analysis of the pavilion, The analysis will be used to develop designs for separation between the constructed floodplain and the footings that will maintain the structural integrity of the pavilion, 2.5 - Preparation of final stream channel and floodplain design drawings based on results from subtasks 2.1 —2.4. Final design drawings of the proposed stream channel alignment will include construction drawings of the proposed channel planform, profile, and cross-sectional geometry, a grading plan, and details of stream bed and bank materials. 2,6 - Determination of tree removal requirements based on final grading plans. Survey of existing mature trees will be used to aid in determining final channel alignment and identifying trees necessary for removal. 2 2.7 - Preparation of construction specifications for the stream channel, stream banks, and floodplain. 2.8 - Final designs and specifications for utility and irrigation system relocations Design will include relocating a power pole and overhead power line that extends across Bozeman Creek just southwest of the pavilion. The power pole on the east side of the channel will be relocated away from the new meander bend. All other power related facilities will remain in place. Design will include rerouting of a 2" irrigation line that currently extends along the east bank of Bozeman Creek. This irrigation line will be installed at its current depth (approximately 2') and further east than the stone revetment installed to prohibit lateral erosion to the east. 2.9 - Final structural and architectural designs and specifications for a new footbridge across Bozeman Creek. a. Bridge Design Development- Final design for the bridge will incorporate design elements and criteria outlined in the preliminary design report, b. Construction Drawings and Specifications—The final plans and specifications will include plans and cross sections along with material and construction specifications sufficient for bidding and constructing the bridge. The bridge construction plans and specifications will be reviewed and stamped by a professional engineer. 2.10—Final Park and Stream revegetation Plans and Specifications Prepare final revegetation plan drawings, species and plant material lists, plant quantities, and specifications for the native plant materials and soil used in Zones 1 to 3 of the realigned reaches of Bozeman Creek within Bogart Park, This task will be split between Vaughn Environmental Services and Design 5 Landscape Architecture and Planning. The division of work scope will be as follows: Vaughn Environmental Services (VES) will be responsible for: * Developing revegetation plan sketches, * Preparing plant species and plant material lists, * Specifying plant quantities, sizes, * Preparing planting specifications (30%) for the native plant materials and soil used in Zones 1 to 3 of the realigned reaches of Bozeman Creek within Bogart Park. Design 5 will be responsible for: Supplementing VES revegetation plans to address pedestrian traffic zones (planting areas to comply with goal of focusing public use to specific areas vs. preventing access in other areas) 3 • Converting revegetation sketches provided by VES to construction ready drawings • Preparing planting specifications (70%) for the native plant materials and soil used in Zones 1 to 3 of the realigned reaches of Bozeman Creek within Bogart Park. 2,11 — Final Park Infrastructure Plans and Specifications a. Stream Access Point Design To encourage the use of this natural resource, a designated "public access" area will be developed in close proximity to the playground and pavilion facilities. The access point will incorporate design elements and criteria developed in the preliminary design report. The final plans and specifications will include a site plan and cross section drawing along with material specifications with sufficient details for bidding and constructing the access point. b. Park Trails Design and Specifications The final plans for proposed trail alterations will be developed based on the trail plans illustrated on Design Sheet 2 of Preliminary Design Report, The trail design will include the following. • A multi-use trail designed for two-directional traffic between Story Street and Bogert parking lot. • A pedestrian spur trail that extends from the proposed multi-use trail to the pavilion. • Connectivity between proposed bridge and multi-use trail. The trail plan will include site plans and trail cross sections with appropriate dimensions and specifications sufficient for bidding and construction. c. Playground Design and Specifications The Bogert Park playground will be redesigned to incorporate the following elements: Removal and replacement of swing set to meet code requirements New seating, paths, and features to complement existing playground structures Expanded mulched area to increase area for active recreation • Incorporation of playground with new trail system • Lines of sight to band shell lawn and creek access points 2.1',2 — Prepare Draft Bid Package A bid package will be prepared including all design documents and specifications for all portions of the project. The bid package will be prepared to allow the City of Bozeman to solicit bids for the project construction. 2,13—Integrate final design components into master design set 4 Task 2 Deliverables 1. Draft Plans and Specifications (90%) will be provided in pdf format with plan sheets formatted to 24"x36"to the City for review and comment. Draft plans will include the following plans sheets: • Stream channel and floodplain grading plan • Footbridge design • Utility relocate plan • Irrigation system plan • Stream access site plan • Playground enhancement plan • Trail enhancement plan • Tree removal plan • Dewatering plan • Mitigation plan (if necessary) • Vegetation Planting Plan • SWPPP 2. Final Construction Plans and Specifications addressing any City and regulatory comments on the draft plans and specifications. Task 3. CLOMR A Conditional Letter of Map Revision will be prepared in accordance with FEMA requirements and submitted to FEMA for review and approval. Subtasks to complete this process include: 3,1 Create duplicate of the effective model using HEC-RAS from the WSP2 data. Review the effective model information as provided by the City and as reported in the effective Flood Insurance Study (FIS). Prepare duplicate effective model using the effective geometry and flow information using a HEC-RAS program. Prepare a corrected effective model if necessary. The corrected effective model will correct any errors noted in the effective model and also incorporate more detailed topographic information. - Develop a floodway analysis and correlate with the effective FIS, - Run Check-RAS to verify that the hydraulic estimates in the model are comparable to the assumptions and limitations of HEC-RAS. - Perform internal quality assurance and quality control review of model. 3,2 - Existing Conditions Model Review and Modifications An existing conditions HEC-RAS model was created by Allied Engineering for the City. This model will be reviewed and modified to limit the model to the project area (Story St, to Main St.), Update the overbank area to use the most current FEMA approved LIDAR data. Develop a floodway analysis. Run Check-RAS to verify that the hydraulic estimates in the model are comparable to the assumptions and limitations of HEC-RAS. Perform internal quality assurance and quality control review of model. 5 3.3 - Proposed Conditions Model Development - Prepare a proposed conditions HEC-RAS model based on the final design of Bozeman Creek through Bogert Park. - Develop a floodway analysis. - Run Check-RAS to verify that the hydraulic estimates in the model are comparable to the assumptions and limitations of HEC-RAS. - Perform internal quality assurance and quality control review of model, 3.4— Prepare and submit CLOMIR Application to FEMA - Complete appropriate application forms. - Prepare a narrative on the proposed project, including a description of the various submittals included with the application, - Prepare a summary of the hydraulic analysis performed. - Prepare a certified topographic map and an annotated Flood Insurance Rate Map (FIRM) indicating the revised 1% and 0.2% annual chance floodplains and floodway boundaries. - Prepare documentation showing compliance with the Endangered Species Act (ESA). - Discuss application with FEMA. 3.5— Prepare response to FEMA comments - Confluence will provide a response and necessary revisions to CLOMR application to respond to initial comments provided by FEMA after FEMA has deemed the application complete. Task 3 Defiverables 1. Draft CLOMR.application to the City for review and comment. Application will be submitted in digital format, Z Final CLOMR application addressing any City comments on the Draft CLOMR application, Application will be submitted in digital format. HEC-RAS files will be submitted to the City of Bozeman with final application. 3. Revised application and supporting materials based on comments from FEMA's comments upon review of a complete application. Task 4, Pr2ject Permitting Project permitting subtasks will include: 4.1 Preparation and submittal of Joint Permit Application Materials to the U.S. Army Corps of Engineers, Gallatin Conservation District, City of Bozeman Floodplain Permit, and Montana DEQ (permit fees included). 4.2 Preparation and submittal of a Stormwater Pollution Prevention Plan (SWPPP) and DEQ Permit Application for Storm Water Discharges Associated with Construction Activity. 4.3. Attendance at regulatory permit meetings and site visits. This task includes coordination and attendance of a site visit to meet with reviewing agencies. This task also includes preparation and attendance of the 310 Conservation District meeting to represent the City of Bozeman. 6 4.4 Confluence will provide a response and necessary revisions to application to respond to initial comments provided by reviewing agencies after a complete application has been submitted. Task 4 Deliverables 1. Draft Joint Permit applications to the City for review and comment. 2. Final Joint Permit applications to be submitted to the appropriate agencies. 3. Revised application and supporting materials based on comments from reviewing agency comments upon review of a complete application. Task 5. Finalize esign and Prepare Bid Package Subtasks for preparing the final design and construction bid package include: 5.1 Revise design based on regulatory feedback (estimate only, actual cost will depend on specific design modifications required by regulatory review and may not be necessary). Task 5 Deliverables 1. Construction bid package including final designs and specifications, provided in.pdf format Task 6. Final Design Report and Monitoring Plan Final design reporting subtasks include: 61 - Preparation of final design report including the following: Any new design criteria established in final design phase (such as stability criteria for pavilion footers, final determination of trees to be removed, FEMA floodplain modification design criteria, plant species and spacing criteria, etc. Justification for adding new or revising existing design criteria Documentation of all analyses performed to prepare final designs • Modified hydrology based on at-a-station hydraulics and channel surveys • Sediment transport and incipient motion calculations • Hydraulic analysis at meander bends to determine shear stress • Depth of scour • HEC-RAS model results indicating extent of 100-year flood inundation c) Native species composition of existing channel o Structural engineering calculations for footbridge Preparation of revised drawings in 11 x1 7 format illustrating all components of the final design 6.2- Preparation of monitoring plan that specifically targets design criteria outlined in the final design report as well as project objectives. Project objectives currently include: Improve Bozeman Creek channel, floodplain, and riparian structure and function 7 ° Enhance habitat for fish and wildlife * Minimize non-point source pollution nf surface and ground water from sediment, biological pathogens, excess muthents, urban pollutants and hazardous wastes m Provide additional open space, Bmaonm*eys. and public parks along the creek * Construct new trails that integrate the creek corridor into community life, while improving connectivity within the ''Main Street to the Mountains"trail system * Foster o recreational fishery emphasizing opportunities for kids as aquatic habitat and water quality improvements * Provide or improve desirable amenities 8d existing and new Creekside parks * Inform residents about the natural resource values of the creek corridor, the ecological services it provides, its past and present importance tothe Bozeman community, and the work Vfthe BCEC. Additional, specific project objeotivosvvi0beoKarifiedimthe final design (i.e. lengthen the channel bvXX feet, increase floodp|ain width byXX feet, provide native riparian corridor by installing XX number ofplants m{c.). 1. [)naft Monitoring Plan for City review provided in pdffonnat. 2. Final Monitoring Plan in pcffornnat 1 Draft Final Design Report provided in Pdf format for City review to include all pertinent information from the Preliminary Design Report. 4. Final design report provided in pdf format addressing any City comments on draft final design report 8 Project Schedule The following provides an estimated schedule for final design and permitting: Task Descrption Date Do, --A—Pr-1 may June Ely August. Tp te—mb L—0—c I—o b c, Task 2-Fine)0.,eg, 1211117,.3J all,4 ,13c,h,,Is.M,21,Sub-r 90%F—I P?.-."d be COB aJW2014 COS R—m.�d C-0.11 PlIed 313114-207114 FI—oo,to F-il Pions—Spllslf-ti-$ 371"W4-AMIM NI—hlll 2 2.S,O-T Farrar rl— of COB 9111/2094 Task 3 and 4-CLOMR and P-0 Appftotio.. 12MI 3-SMi 4 Oe,,wobie 3 1—14 1-Doafi CLOMR Appheal—and P.-d Apox.t—tt.b-rr,,l to COB 3lX2014 COB R—..and C.--t Pelpd N3114-'3/17!14 Rv.­­s to apport—s based-COS"noments 3117M4-491104 Dbl 3 2 and 1 2 CLOW and Pe-4 Appsl-t—Subo,W.P 1.COB 411117014 CLOMP Re— 4111114.011q —,l P.-Ming R..I. 4M1114.7114 Task 6-Fi,allu Design and Prepare Bid Package 9114..10M4 EA—ble 6 �C-M-9,-B'd POCAO-q. r-1 Fw—...op—r—nos 7oetl,6.Final Design Reporting 0 nd Mo,it,ring Plan 4/119'44-410.x14 Ceb—bf.6,f and 6 3-DWI Wnac-g RdpcA.,a F-9 Oes,q,R.P.,( 519=14 COB Renew I'd Comment Fe-ed 51412014 6/212014 R V, to M0,4.-5 Plan and R-I Des,gn RO"O 6/212014 012312014 Dad rc able N 2.11d 6 4 I.—g Rbpbv Intl Fa&D�r 5,,q,f12Eod E2W014 ------— 9 Cost Estimate A cost estimate for per-forming this scope of work is included on page 9. This master budget sheet includes all proposed work. Proposed Subcontractors TD&H Engineering Surveying (Task 2.1.b,c,d) Geotechnical and Structural Analysis of Pavilion Footings to Determine Suitable Extents of Floodplain Construction Adjacent to Pavilion (Task 2.4.a-b) Utility relocation design and specifications (Task 2.8) Irrigation system design and specifications (Task 2.8) Preparation of construction bid package (Task 2.12) Design 5 Playground design and specifications (Task 2.11.c) Trail design and specifications (Task 2.11,b) Stream access design and specifications (Task 2.11.a) Supplementing Vaughn Environmental Services (VES) revegetation plans to address pedestrian traffic zones (planting areas to comply with goal of focusing public use to specific areas vs. preventing access in other areas) (Task 2.10) Converting revegetation sketches provided by VIES to construction-ready drawings Preparing planting specifications (70%) for the native plant materials and soil used in Zones 1 to 3 of the realigned reaches of Bozeman Creek within Bogart Park, (Task 2.10) Vaughn Environmental Services Develop revegetation plan sketches, (Task 2.10) Prepare plant species and plant material lists (Task 2.10) Specify plant quantities, sizes (Task 2,10) Prepare planting specifications (30%) for the native plant materials and soil used in Zones I to 3 of the realigned reaches of Bozeman Creek within Bogart Park. 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Wn $mm e&aB dqm �. ..�- S2&t0m sa 9'ID OmNaxil 5 di 5a m 55]SO m At,y00.m ii)5o m N.W SA m 5m.m 5tl m f m Saw. 5tl m Na So m E0 m 51],6f0 wq m.m xm gS50m 1p5,m 0m tam txe.m Sm im YS.mtsHN.Sa #15x.m#.SO 4Mai Ga> 5t,1'A m f11— H5.m0 m SS,ddtl m SS rx oo $1.w U.2Sa- ftw.9m,m si.5w m St bz m #e2.Na-ap Sp pw m 55:h25 m .SO S.13T,m#50 so PROFESSIONAL SERVICES AGREEMENT THIS AGRFEME NT is made and entered into this' 1-9 day of 20_12�, by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the laws of the State(if Montana, 121 North ouse Street, Bozeman, Montana 59771, Hereinafter referred to as "City," and, �q&eue aan. MT 59771, "A /� Bozeman, hereinafter referred to as "Consultant." y- 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. Fries: The Consultant will develop a detailed stream enhancement design for approximately 800 feet of Bozeman Creek through Bogert Park in order to improve the creek's ecological structure and function and its value to park users and the larger community. The City and Consultant enter into this agreement to: (i) facilitate the completion of project goals; (ii) ensure compliance with City reporting requirements; and (iii) provide timely payment for services provided by Consultant. 2. Effective Date: This Agreement is effective upon the date of its execution and will terminate upon completion of all work described in Attachment A, including the scope of work for design stage 1, completion of design,permitting assistance and construction supervision. 3. Scope of Work. Consultant will perform the work and provide the services in accordance with the requirements of the scope of work attached hereto as Attachment A, The attached scope of work encompasses the first stage of design of this project, which will design the project to approximately the 30% level of completion. The scope of work for additional stages is to be determined. The City shall have the right of review and examination of Consultant's work at all Unies. For conflicts between this Agreement and the Scope of Work, unless specifically provided otherwise, the Agreement governs. 4. Payment: Consultant is to c*jnplete stage I of design and produce the specified project deliverables for a total, fixed cost of$20,000. This figure includes all labor, equipment, materials and expenses. Deliverables and deadlines are specified in Attachment A. Work may begin once City so notifies Consultant. Consultant shall be paid a maximum of$20,000 for Design Stage 1 Linder the under the following payment schedule: Pn_ec I orb * A maximum of$15,000 upon City receipt of Deliverables I and 2. * The balance shall be payable upon City reccipt and approval of Deliverables 3 acrd 4.. Payment for additional work under this contract is to be determined,, 5. Consultant's Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreern.ent, the Scope of Work, and with all local conditions and federal, state and local laws, growth policies, adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progi-ess or performance of the Scope of Work. b. Consultant 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 mariner 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, . privaey, publicity, libel, slander or an), 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 niect this warranty. 6, Independent Contractor Status: The parties agree that Consultant is all independent contractor for purposes of this Agreement and is Dot to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for worker,,' compensation or any other purpose, Consultant is not authorized to represent the City or otherwise hind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers' compensation coverage for all alembers and employces of Consultant's business, except for those members who are exempted by law. Consultant 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, 7. indemnity/Waiver of Claims/Insurance, For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses comiected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, Page a of 6 property damage, occasioned by, growing out of, or in any way arising or resulting Irom any intentional or negligent act on the part of Consultant or Consultant's agents or employees. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indeinnify 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 Nvillfid misconduct of the Consultant Or Consultant's agents or employees. Consultant also waives any mid all claims and recourse against the City or its officers, agents or ernployces, 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 porforniance 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 willftil or negligent" as per 28-2-702,MCA. Should City be required to bring an action against the Consultant to assert its right to defense or indemnification Linder this Agreement or under the Consultant'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 Consultant was obligated to defend the claini(s) or was obligated to inderrinify the City for a claim(s)or any poiiion(s)thereof. The above obligations shall survive termination of this agreement. In addition to and independent from the above, Consultant shall secure insurance coverage acceptable to tile City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana 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; $2,000,000 annual aggregate * Professional Liability -$1,000,000 per claim; $2,000,000 annual aggregate 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 Generat 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 Consultant commencing work. 8. Professiong) SgEyicv: Consultant agrees that all services and work performed hereunder will be accomplished in a professional manner. for work conducted by a licensed Poge 3 of 6 professional engineer, the Consultant shall place his endorsement on all drawings and other data furnished by it, 9. Complingee with Laws: Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in, Title 50, Chapter 71, MCA. Consultant agrees to purchase a City business license. 10. Nondiscrimination: The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriininate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, aced, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except AIicn the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction, The Consultant shall be sub�j eel to and comply with Title V1 of the Civil Rights Act of 1964; Section 140., Title 21, United States Code, and all regulations promulgated thereunder, The Consultant shall require these nondiscrimination terms of its sub- consultants providing services under this agreement, 11. Default and Termination: The sole right is hereby reserved to the City to terminate this Agreement: for any and all causes or for its convenience at any tune upon fifteen (15) days written notice to the Consultant. If termination for default is effected by the City,an equitable adjustment in the Price Provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Consultant at the time of termination may be adjusted to cover any additional costs to the City because of the Consultant's default, If termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit, as determined by City, for services or other work performed. The equitable adjustment for any termination shall provide for pay rent to the Consultant for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Consultant relating to commitments wBich had become firm prior to the termination. Upon receipt of a termination action under this section, the Consultant shall (1) promptly discontinue all affected work (unless the notice directs otherwise), mid (2) deliver or otherwise make available to the City within ten (10) days copies of all data, design drawings, specifications, reports, estimates, surninaries and such other information and materials as may have been accun-rulated by the Consultant in performing this Agreement, whether completed or in process. In the event this Agreement is terminated prior to completion, the original copies of the Consultant's data, recommendations, plans, specifications, analysis and other related documents prepared by the Consultant prior to said termination shall be delivered to and become the property of the City. Page 4 orb �'fpori termination, the City may take over the work and may award another party an Agreement to Complete the work under this Agreement. City's right to terminate is in addition to any other remedies City may have iii-Ider the law. Thc above remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others, Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth In the first paragraph of this Agreement, 12. Modification and Assign ability: This document contains the entire agreement between the parties and no statements, prormses or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding, This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any ,subcontractor or assignee will be bound by all of the terms and conditions of this Agreement, 13. Oivnershjajjamrt Publlcatian cal�ilaaterials: All reports, information, data, and other materials prepared by the Consultant pursuant to this Agreement, except those separately identified in the Scope of Work or in other written agreements between the parties, are owned by the City. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in zany other country without the prior written approval of the City. 14. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant's compliance with the requirements of the Grant and this Agreement. Consultant shall allow the City, its auditors, mid other persons authorized by the City to inspect and copy its books and records for the Purpose Of verifying that the reirriburserrent of rrionies distributed to Consultant pursuant to this Agreement and the Grant was used in compliance with this Agreement and all applicable Provisions of federal, state, and local law, The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 15. Liaison: City's designated liaison with Consultant is Ron Dingman and Consultant's designated liaison with City is Jzi kote, 16, Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws orthe State of Montana, 17, 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 terra or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 18, Attorney's Fees and Costs- That in the event it becomes necessary for either Party ofthis Agreement to retain an attorney to enforce any of the terms or conditions of this Agreernent or to give any notice required herein, then the prevailing Party or the Party giving notice shall be Page Of entitled to reasonable attorney's tees and costs, including fees, salary, and costs of inn-house counsel to include City Attorney. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA .. By: C9:�w Ry: .-_... Chris Kukiulslcl, city Manager CONK U TANT' ._ I'riant Name: 0* Bo Print Title: Z % *m � �t' ATTEST: ;oA By; _ Stac ►ri TM ,tjt'y Qerk APPROVED S To 6ik :* By Gre u tivan,City Attorney Ppgc 6 of 6 Attachment A: Scope of Work Design for the Buzernan Creek at Bogert Park Enhancement Project will occur in two stages. This Scope of Work addresses only Stage 1, vAilch will design the project approximately to The 30% level, Stage I deliverables are as specified below,and will provide the City with sufficient Information to negotiate agreements with adjacent landowners,to articulate project and design intentions to stakeholders,to estimate project costs to enable grant applications for Stage 2, and ffir preliminary consultation with permitting agencies if appropriate. Work may begin once the City notifies the Consultant, Stage 2 oaf the project includes completion of the design and project construction and is dependent on funding that is not yet secured, Upon acquisition of the necessary funding and at the sole discretion of the City, the Consultant may be selected to complete the design and oversee construction of the project to its completion, The entire design project, including permitting assistance and construction supervision,will include the following ulernents. 1)Design and preparation of detailed plans and specifications depicting the proposed Creek enhancement, including the following elements: chamiel geometry and alignment;bank and bed configuration, materials and roughness elements; floodplain topography;riparian and streambank planting plans, including vegetation to be removed; and stream access sites. Plans are to be guided by the concept plan developed by the Bozeman Creek Enhancement Committee. 2) Design and preparation of detailed plans and specifications for a new fbotbridge spanning the re-constructed creek channel and floodplain, 3)Design and preparation of detailed plans and specifications for landscape elements to direct pack users to hardened access sites and creek viewing areas while protecting other areas of the restored creek and riparian area from overuse, Design of trail%connecting the new footbridge with Koch and Story Streets and other areas of Bogert Park-, 4) Design and preparation of detailed plans and specifications for infrastructure relocation, including a 200' overhead electric line, a 700' buried irrigation line, and part of a playground. 5) Preparation of a detailed construction cost estimate,with phasing and sequencing recommendations and appropriate cost breakdowns to allow the project to be constructed in phases., if necessary. 6) Preparation of a concept-level report describing the project to be used in grant applications, 7) Preparation of a final design report. 8) Preparation of a monitoring plan in conjunction with 5nal design report that details attributes to be measured and a monitoring schedule sufficient to measure success of the project relative to stated project goal, objectives, and specific design criteria, 9) Preparation of all required federal, state, and local permits, 10) Preparation of bid dOOLInlelItS, 11) Construction oversight ofcTeek enhancement and park amenity elements, 12) Construction oversight of utility relocation, Scope of Work for Stage I The Scope of Work for Stage I includes the following tasks: Task 1.Analysis Analyses of relevant processes and site characteristics sufficient to inform design. 1. Hydrologic analysis to establish design flows for low flow, bank- full flow, and flood flows, 2. HEC-RAS model refinement(a preliminary model exists and will be provided by City of existing conditions and proposed conditions. 3. Assessment of existing bed substrate composition for use in hydraulic modeling and bed substrate design. 4. Assessment of pavilion arch extents using soil probes to detennine limits of inset floodplain development adjacent to the pavilion, Task 2. Concept Design Development and Report Design development to approximately 30%complete design sufficient to provide the following details in Concept Design Report: 1. Alignment of the proposed stream channel centerline; floodplain estimate of flood inundation at design flows; disturbance limits; riparian areas, and utility relocations; all in relation to adjacent property lines,remaining utilities and other infi-astructure,and with sensitivity to preserving existing mature riparian trees to the maximum extent possible. This drawing will be used to negotiate an understanding of intent with adjacent property owners, I List and description of all design elements and the specific design criteria that will drive final design of each of these elements. (Rqferenee-- SkidnioreetaI2011,pp,171-174, wil,").restorationreview,com) 3. Typical concept drawings of the proposed channel planfonn.,profile,and cross-sectional geometry, including intended range of variation within each of these elements, 4. Description of riparian enhancements, including a plan of proposed riparian planting zones planting densities, and species for each zone. 5. Description, conceptual drawings,and approximate locations of all recreational features and other park arrienitics to be included in the enhancement project, including footbridge, trails and stream access, sites. Des, .cription of the sequence ref f tasks required to complete the design. 'Task 3. Final gLsi X n cos t�oo n i on Provide a final design cost opinion for all elements described and listed above,including design, preparation of bid documents,permitting, construction oversight, and final design report and monitoring plan. Task 4. Construction cost estimates Construction cost estimates with phasing and sequencing recommendations. Provide anticipated unit and total cost of labor, materials, and equipment for cacti task of each phase, to allow the project to be constructed in phases if necessary. Include an estimate of hours and costs necessary to supervise construction. Estimated costs will have a 20% contingency to account for unknowns at this stage of design development, Task 5. Cost of Alternfitives Provide approximation of costs to construct alternatives 1, 3, and 4, previously developed for public review,to be used for comparative purposes in submitting a DNRC RRGL grant application. Stage 1 Deliverables ml I)cliverables shall be supplied to the City in both digital format and hard copy(3 copies). 1) Draft Plans*, provided in I I" x 17 format to the City for review and cornment; a. Proposed aligrini-ent of streal-11 alit iunerit and utilities,estimated floodplain inundation at flood and design flows,disturbance limits, and riparian areas showing the relationship to - ,1djacelit property owners. b. Typical drawings of all design clenicntq,including- cross-sections of varying geomorphic stream channel and habitat features (riffles, pools, floodplai.T.i) longitudinal profile of strcain channel and geontorphic, and habitat features stream batik configuration 0 riparian planting Y-ones and compositions 0 limits of disturbance for construction -*Plans will he used to negotiate an understanding Of intent with adjacent property owners. 2) Draft Concept Design Report submitted to the City for review and comment describing: design analyses, project design elements, design criteria for final design for all design elements, a final design cost,proposal,and construction cost estimate,with phasing and sequencing recommendations, and cost breakdown. 3) Approximate costs to construct alternatives 1, 3, and 4,previously developed for public review, to be used for comparative purposes in submitting a D"NIRC RRGL grant application 4) Final Concept Plans and Design Report addressing any City comments on Draft Plans and Draft Concept Design Report and including all elements described in the Draft Plans and Draft Concept Design Report, Timeline April 18,2012 -Submit Deliverables I and 2 to City by 2 pm. May 9.2012 - Submit Deliverables 3 and 4 to City by 2 pan. The following subcontractors will assist in fulfilling the contract: TD&H Engineering, Design 5, intrinsik, and Nishkian Monks. CITY OF BOZEMAN BUSINESS LICENSE . NO., 12-00001145 $ 75.00 GRANTED February 3, 2012 �I 1 BEGINS Januaryl., 2012 E P1R S December 31,2012 To whom it may concern, THIS LICENSE is granted to CONFLUENCE CONSULTING, INC 1115 N 7TH AVE BOZEMAN MT 59715 406-585-9500 Granted by the City of Bozeman in the County of Gallatiln,State of Montana, to carry on the business or occupation of SERVICE CO SUIXING. In said City of Bozeman, the fee of$75,00 having been paid to the Director of Finance in accordance with the provisions of the ordinance of said City, and the Acts of the Legislative Assembly of the State of Montana. 0 This License is issued subject to all the terms and condditibns of the .business License Ordinance of the Bozeman Municipal Code and of Appliption No. 12-00001145. This license is NOT SFE BLE. N WITNESS my hand and seal this February 3, 2012 C Signature LICENSEE I Laurae Clar , Treasurer By Carol A. Nei 3auer, Business License Clerk ORATE (MMIDWYY1'YI AC CERTIFICATE OF LIABILITY C 0 311 41201 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE 'COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESI=NTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the gollcy(los) roust be endorsed, Lf SUBROGATION IS WAIVFO, subject to the terms and conditions of the Policy,certsln policies may require an andorsament. A statement on this certificate dues net contat rights to the certificate holder in lieu of such endorsoment(4 PRODLy:EA Plane (3fQ 6'96:3700 Fax (360Y 59a'3703 coraraer N ( HAI;L J.HALLS COMPANY Mau. _ MICHAEL J,HALL&COMPANY PHout Nn 5qJ 596-3700 aC_NJ1 .(360)598-3703 HALL d:COMPANY E rwt 19660 1 OTH AVENUE N.E, 6rrfxtrs1__.._ - __ _. POULSBO WA 98370 iNSURERIG)AFFORDING COVERAGE NAIL 11 INSLR CRA, : Undorwrlters at Lloyd's,London IasuRCR5 The Phoenix Insurance Company 25623 Confluence Consulting Inc PO Box 1133 tNrtE.4C . Boaemani 69771-`1133 INSURER IN4u,HL8 k iNSURERF COVERAGES CERTIFICATE NUMBER: 155970 REVISION DUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW)HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PGLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM' OR CONDITION OF ANY CONTRACT OR 07'HER DOCL.IMEN1" WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I'S SUBJECT TO ALL THE TERMS, t XCLUStONS AND CONDITIONS OF SUCH P .LIMITS SHOWN MAY HAVE BEEN REDL)CED BY PAID CLAIMS, rmt Suer: roucytrF P"Ity LKF TYPE OF IN9t1RANCE ndcg V:4cr P(JLfCY NIINAt4ER :Y'Yt LIMITS B oF.WERAL LIABILITY 68026841.762 09127/11 09727/12 EACH0CCURRrNCE S 1,000000 X COMMERCIAL GENERAL LIAO)LITY PREIVI L aacdttET___ 3 300,000, �'.-. M1ED SFXPLAn one I _ ._ X CIGCLAiMS��At�E �nccuR t r p�c=ahY s 10,0017 p XC!U IJFPp PERSONAL&ADV INJURY 5 1„000,000 GENERAL.AGGREGATE S 2,000,000 C-AGGREGATE G � LIMIT ArrLIESPLR: � PRODUCTS COMPIOPAGG $ 2,000,000 C ULN'L „PRO .. .. ..._ s JGCT I _ B AUYCMP4ILC LIABILITY ° 6802684L702 B9I27f11 09127112 (I-ud t)&tNG.ES9Nas 1,000000 LDC "ardamq 5 r ANY AUTO BODILY INJURY('Par JsWtah) S ALLOWI,ED BODILY p4JURY(rcr accident) s AUTOS AUTO$ I X. AIRED AUTL?g �( NON-O` PO -.-_ Pltow Iirr DAMAGE . . .,_,.. ._ gU'dOS ,._.._.lr,rw omd.mn S URraRFLLA trA - ® _ �C+CGUR ; F.J+6.H tJCCt1R1T'ENGE 5 _. _.. EXCESS LIAR CI.AIhfS!M1AD'E AGGREGaTB S ..,. DEP Ig iRF,ENTIONI S ....,,_.. _.._..._._..., MIORKEft-3 rOMPENSA7mN 1 WC STF"U-�. O2iS i _ WOR EAtPLAY£RS` WhStL4Tr ToICY&DL+dTS EYt 5 YIN E I,EACH ACCIDENT S .'._.. -_ Addy RA'aPnrroIUPAATKF;UEXEcUnvE. ...- orvteetuulRARER E%CLUDEni ! NIA E dISLASC,-A EMPV DYE 3 ....� nE.:61 pie,eeser,ua unMr SEA6E POLICY LItdIT DEkRIPTION OF OPERAT€oNS Eelow _....__ ._...._._... .-.,.,..-,...,..,......__.._,.._ ! ®.—,-.-�—.— --......- A P,alessra»dlLala,tycaims Made Furm 11596122x3101'1 09/27111 09127112: $1„000,000 Per Claim RetrciDate: $2,000,000 Aggregate Met 27,1997 UESCRIPTION OF QFtIRATIONS 1 LOCATIONS f VEHICLES(Attach ACpR0 131,Addhlonei Remarks SetIo4Vc.,If mare apace to required) CERTIFICATE HOLDER DANCEI LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOP, NOTICE WILL B[ DELIVERED IN 121 N Rouse Ave ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 58716.3740 xuTr oRlreo R�QNESeNTAnuE Attention: Ashley L Hurd, ACOR'D 25(2010!05) 1988-2010 ACORD CORPORATION. Alt right's rdsorwed. The ACORD name and logo are registered marks of ACCRD