HomeMy WebLinkAboutC4. Amendment 2 PSA Confluence
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – Manager of Trails, Open Space, and Park Development
Mitch Overton – Director of Parks and Recreation
SUBJECT: Amendment No. 2 to Agreement between the City of Bozeman and Confluence Consulting, Inc. for the Bozeman Creek Enhancement Project
Design and Engineering
MEETING DATE: April 6, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION Approve Amendment No. 2- Professional Services Agreement between
the City of Bozeman and Confluence Consulting, Inc. for the Bozeman Creek Enhancement Project
Design and Engineering and authorize the City Manager to execute the Agreement
BACKGROUND: Resolution 4492 approved the allocation of Trails, Open Space and Parks
(TOP) bond funding in an amount not to exceed $440,000 for the design and construction of stream
channel enhancements along approximately 800 feet of the Bozeman Creek through Bogert Park to
return it to a more ecologically sustainable condition, adding floodplain, hydraulic flow controls,
and stabilizing vegetation to eliminate bank scouring. A new metal pedestrian bridge will be installed to replace the existing wooden bridge, and a small, barrier-free fishing platform will be
installed near the Bogert pavilion. The widened creekbed will enhance safety and usability of the
creek by reducing stream velocity during annual spring run-off and providing healthier habitat for
fish and wildlife.
The project is sponsored by the Bozeman Creek Enhancement Committee (BCEC), a partnership of
city, state and federal agencies, community groups and individuals, including the Bozeman Parks
and Recreation Department, Downtown Bozeman Partnership, Friends of Bogert Park, Gallatin
Local Water Quality District, Gallatin Valley Land Trust, Greater Gallatin Watershed Council,
Montana Fish, Wildlife and Parks, and Trout Unlimited. The project is consistent with the Bozeman Creek Enhancement Plan, adopted by the Bozeman City Commission on July 23, 2012, the Bogert
Park Master Plan, the Downtown Improvement Plan and the Bozeman Community Plan.
The total project budget is $659,000. The City Commission approved $440,000 in TOP Bond
funding. Additional funds were provided by a $100,000 grant from Montana Department of Natural Resources and Conservation (DNRC) and $119,000 in grants from partnering agencies as follows:
the Friends of Bogert Park ($10,000), GVLT ($12,000), Trout Unlimited ($2000), Montana Fish
Wildlife and Parks ($30,000), Montana Recreational Trails ($45,000), and $20,000 from the City of
Bozeman Park Improvement Grant fund unallocated balance.
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This request is for an increase of $7,397.13 (from $132,099.50 to $139,496.63) for design and
engineering modifications. At least half of the creek lies on private property west of Bogert Park,
and as such, construction easements are required to expand the width of the creek channel. The
design originally included two meanders, but due to budget constraints and the fact that one property owner decided not to allow access to the creek, the design has to be modified. Also, the
cost of preparing easement exhibits was not included in the original contract. As such, the added
cost for the necessary change to the scope of services is $7,397.13 as reflected in the attached.
UNRESOLVED ISSUES: Construction access easements need to be executed with four property
owners. The easements documents will be prepared by the City Attorney and the exhibits will be prepared by the Consultant for approval by Commission within the next month.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The construction budget for the project will be reduced from $526,900.50 to
$519,503.37. The revised design will result in a reduction in the construction budget that should
more than compensate for the additional design fee.
Attachments: 1) Amendment No. 2 - Professional Services Agreement between the City of Bozeman and Confluence Consulting, Inc.; 2) Revised Scope of Work for Amendment No. 2;
3) Amendment No. 1; and 4) Original PSA with Confluence Consulting
Report compiled on: March 19, 2014
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Amendment No. 2 to Professional Services Agreement
for
Bozeman Creek Enhancement Design and Construction Administration for Bogert Park THIS AGREEMENT is made as of this ____________________________, 2015, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230 Bozeman, Montana,
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, for preliminary design services, which was amended on December 16, 2013, to include final
design and engineering services for the Bozeman Creek Enhancement Project for Bogert Park; and
WHEREAS, during the design phase it was determined that temporary access to an adjacent private property for completing construction activities could not be obtained, therefore necessitating
design revisions of the creek realignment, landscaping, and pedestrian bridge abutments; and
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 Amendment to Scope of Work for Bozeman Creek Enhancements at Bogert Park Submitted 3/17/15 are hereby incorporated in and made part of this agreement. The Scope of Services and Consulting Fees are increased per this exhibit.
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 $139,496.63. This figure includes all labor, equipment, materials, and
expenses. Deliverables are specified in the attached Amendment to Scope of Work for Bozeman Creek Enhancements at Bogert Park Submitted 3/17/15. Work may begin once City so notifies Consultant.
Consultant shall be paid on a fixed fee basis with the total amount not to exceed $139,496.63
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 $134,936.63 upon City receipt of Deliverables 3, 4, 5 and 8 (Final Design, Permit Applications and Construction Easements).
• A maximum of $137,746.63 upon City receipt of Deliverables 7.1 (Final Design
Reporting)
• The balance ($139,496.63) upon receipt of Deliverable 6.1 (Final Bid Package)
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.
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IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement.
CITY OF BOZEMAN CONFLUENCE CONSULTING
BY: __________________________________ BY:___________________________________
(City Manager) (President)
DATE:________________________________ DATE:_________________________________
ATTEST:
BY:____________________________________
(City Clerk)
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Amendment to Scope of Work for Bozeman Creek Enhancements at
Bogert Park Submitted 03/17/15
The following scope of work includes additional work anticipated as a result of necessary
modifications to the channel alignment as proposed in the conceptual phase of design. This change was made to the original conceptual plan as a result of a landowner’s refusal to allow
the project to occur on his property. Tasks 1 and 3 of this amended scope revises tasks that require additional time as a result of the plan revision. Tasks 2 and 8 are tasks that were not included in the original scope of work and have been added to this scope to incorporate
additional design phases as necessary to successfully complete the project.
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 1 Deliverables
1. Budget updates, as requested
Task 2. Conceptual Design
This task includes preparation of a conceptual site plan reflecting changes made to reduce the total number of meanders in the proposed channel to 1.
Task 3. Final Design
Final design subtasks include:
3.1 – 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.
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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. d. 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.
3.2 – Revise Hydrologic Analysis This task includes a revised analysis of the hydrology associated with the design of flows
for bankfull discharge in Bozeman Creek. Confluence conducted a flow measurement of
Bozeman Creek during a bankfull discharge in the spring of 2014 and obtained a discharge value significantly lower than the value developed using cross section data.
This task includes refining the design bankfull discharge used in sizing the channel through Bogert Park.
3.3 - 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.
3.4 - 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.
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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.
3.5 - Preparation of final stream channel and floodplain design drawings based on results from subtasks 3.1 – 3.4.
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.
3.6 - 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.
3.7 - Preparation of construction specifications for the stream channel, stream banks, and
floodplain.
3.8 - 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.
3.9 - 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 and modified channel
alignment.
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.
3.10 – Final Park and Stream Revegetation Plans and Specifications
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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 reach 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)
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.
3.11 – 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.
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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
3.12 – 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.
3.13 – Integrate final design components into master design set
Task 3 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 4. 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:
4.1 Create duplicate of the effective model using HEC-RAS from the WSP2 data.
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- 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.
4.2 - 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.
4.3 - 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.
4.4 – Prepare and submit CLOMR 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.
4.5 – 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 4 Deliverables
1. Draft CLOMR application to the City for review and comment. Application will be submitted
in digital format.
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2. 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 5. Project Permitting
Project permitting subtasks will include:
5.1 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).
5.2 Preparation and submittal of a Stormwater Pollution Prevention Plan (SWPPP) and DEQ
Permit Application for Storm Water Discharges Associated with Construction Activity.
5.3. Attendance at regulatory permit meetings and site visits. This task includes coordination
and attendance of one (1) site visit to meet with reviewing agencies. This task also
includes preparation and attendance of one (1) 310 Conservation District meeting to represent the City of Bozeman.
5.4 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 5 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 6. Finalize Design and Prepare Bid Package
Subtasks for preparing the final design and construction bid package include:
6.1 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 6 Deliverables 1. Construction bid package including final designs and specifications, provided in.pdf format
Task 7. Monitoring Plan
Final design reporting subtasks include:
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7.1- Preparation of monitoring plan that specifically targets project objectives. Project objectives currently include:
Improve Bozeman Creek channel, floodplain, and riparian structure and function
Enhance habitat for fish and wildlife
Minimize non-point source pollution of surface and ground water from sediment, biological pathogens, excess nutrients, urban pollutants and hazardous wastes
Provide additional open space, greenways, 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 a recreational fishery emphasizing opportunities for kids as aquatic habitat and
water quality improvements
Provide or improve desirable amenities at 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 to the Bozeman community, and
the work of the BCEC. Additional, specific project objectives will be clarified in the final design (i.e. lengthen the
channel by XX feet, increase floodplain width by XX feet, provide native riparian corridor by installing XX number of plants etc.).
Task 7 Deliverables
1. Draft Monitoring Plan for City review provided in .pdf format.
2. Final Monitoring Plan in .pdf format
Task 8. Construction Easement Exhibits and Descriptions
8.1 – Easement Exhibits
Development of construction easement exhibits and descriptions for each affected property within the project. The easement exhibits will provide a site plan with appropriate scale to
identify project components including channel modifications, proposed site grading, proposed plants and modifications to existing trees/vegetation. The subject property boundaries will be delineated on the exhibit. In addition, a description of the proposed work within the subject
property will be provided for each site. The easement exhibits and descriptions will be provided to the City of Bozeman to aid in obtaining construction agreements with the affected
landowners.
Task 8 Deliverables
1. Easement Exhibits for all affected properties (6 total) provided in .pdf format on 8.5 x 11
sheet format. 2. Descriptions of proposed work for each property (6 total) provided in digital format (.pdf
or Microsoft Word.)
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Project Schedule
The following provides an estimated schedule for final design and permitting:
Task Description Date
COB and Team Contracts Finalized 3/31/2015
Task 3 - Final Design
Team Members Develop Final Designs 4/1/15 - 5/18/15
Confluence Submits 90% Final Plans and Specifications to COB 5/22/15
COB Review and Comment Period 5/22/15 - 6/5/15
Revisions to Final Plans and Specifications 6/5/15 - 6/12/15
Deliverable 3.2 - Submit Final Plans and Specifications ot COB 6/12/2015
Task 4 and 5 - CLOMR and Permit Applications
Deliverable 4.1 and 5.1 - Draft CLOMR Application and Permit Application Submittal to COB 5/22/2015
COB Review and Comment Period 5/22/15 - 6/5/15
Revisions to applications based on COB comments 6/5/15 - 6/12/15
Deliverable 4.2 and 5.2 - Final CLOMR and Permit Application Submittal to COB 6/12/2015
CLOMR Review 6/12/15 -12/15
Joint Permitting Review 6/12/15 - 9/15
Task 6 - Finalize Design and Prepare Bid Package 11/15 - 12/15
Deliverable 6.1 - Construction Bid Package including final plans and specifications 12/15
Task 7 - Monitoring Plan 4/10/15 - 5/8/15
Deliverable 7.1 and 7.3 - Draft Monitoring Report 7/2/2015
COB Review and Comment Period 7/2/15 - 7/17/15
Revisions to Monitoring Plan 7/17/15 - 7/24/15
Deliverable 7.2 and 7.4- Final Monitoring Report 7/24/2015
Task 8 - Construction Easements
Prepare Construction Easements 6/5/15 - 6/12/15
Deliverable - Construction Easements to COB 6/12/2015
COB Executes Landowner Agreement 6/12/15 - 10/15
Mar April May June July August September October November December
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Proposed Subcontractors
TD&H Engineering Surveying (Task 3.1.b,c,d) Geotechnical and Structural Analysis of Pavilion Footings to Determine
Suitable Extents of Floodplain Construction Adjacent to Pavilion (Task
3.4.a-b) Utility relocation design and specifications (Task 3.8)
Irrigation system design and specifications (Task 3.8)
Preparation of construction bid package (Task 3.12) Construction Easement Exhibits (Task 8.1)
Design 5 Playground design and specifications (Task 3.11.c) Trail design and specifications (Task 3.11.b)
Stream access design and specifications (Task 3.11.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 3.10)
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. (Task 3.10)
Vaughn Environmental Services
Develop revegetation plan sketches, (Task 3.10) Prepare plant species and plant material lists (Task 3.10)
Specify plant quantities, sizes (Task 3.10) Prepare 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. (Task 3.10)
Intrinsik Footbridge architectural design and specifications (Task 3.9)
Footbridge structural design (with Nishkian Monks) (Task 3.9)
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Cost Estimate
A cost estimate for performing this additional scope of work is provided below. This budget includes the cost proposed to complete the additional scope of work.
Principal
Project
Manager Engineer
Stream
Technician Drafting Survey GPS Permit Fees TD&H
TD&H
Meetings
TD&H
Excavation Intrinsik
Intrinsik
Meetings Vaughn Design 5 Markup
$115.00 $90.00 $85.00 $65.00 $70.00 $350.00 $1.00 $100.00 $175.00 $100.00 $100.00 $175.00 $85.00 $90.00 10%
1 Project Management and Communications
1.1 Contracting, subcontracting, budget management, reporting 2.00 10.00 4.00 -$ $1,470.00 $1,470.00
1.2 Project Team communications, coordination, logistics 4.00 42.00 40.00 6.00 9.00 10.00 10.00 437.50$ $12,452.50 $12,452.50
Subtotal $690.00 $4,680.00 $3,740.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $0.00 $1,575.00 $850.00 $900.00 $437.50 $13,922.50 $13,922.50
2 Conceptual Design
2.1 Conceptual Design to Incorporate Revised Alignment 4.00 8.00 -$ $1,040.00 $1,040.00
Subtotal $0.00 $360.00 $680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,040.00 $1,040.00
3 Final Design
3.1 Survey -$ $0.00 $0.00
a.Survey bankfull channel conditions upstream and in Story Ditch 2.00 12.00 2.00 -$ $1,660.00 $1,660.00
b.Survey footers and park trees 4.00 40.00$ $440.00 $440.00c.Survey park infrastructure, playground detail 4.00 40.00$ $440.00 $440.00
d.Tie existing surveys into Horizontal and Vertical Datums 18.00 180.00$ $1,980.00 $1,980.00
3.2 Process data and refine bankfull discharges 6.00 12.00 8.00 -$ $2,080.00 $2,080.00
3.3 Perform sediment transport and incipient motion calculations 8.00 40.00 -$ $4,120.00 $4,120.00
3.4 Determine extent of pavillion footers and design buffer 2.00 4.00 -$ $520.00 $520.00
a.Excavate footers 10.00 100.00$ $1,100.00 $1,100.00
b.Geotechnical and Structural Evaluation of Pavillion Footers 36.00 360.00$ $3,960.00 $3,960.00
3.5 Develop Floodplain and channel grading plan 4.00 16.00 30.00 80.00 -$ $10,050.00 $10,050.00
3.6 Design tree removals based on grading plan 4.00 8.00 4.00 -$ $1,300.00 $1,300.00
3.7 Prepare construction specifications 4.00 20.00 -$ $2,060.00 $2,060.00
3.8 Final design and Specifications of irrigation and utilities 30.00 300.00$ $3,300.00 $3,300.00
3.9 Final Bridge Design and Specifications -$ $0.00 $0.00
a.Bridge Design Development 87.74 877.38$ $9,651.13 $9,651.13
b.Construction Drawings and Specifications 96.20 962.00$ $10,582.00 $10,582.00
3.10 Final Park and Stream Revegetation Plan 62.00 35.00 842.00$ $9,262.00 $9,262.00
3.11 Final Park Infrastructure Design and Specifications -$ $0.00 $0.00
a.Stream Access Point Design and Specifications 25.00 225.00$ $2,475.00 $2,475.00
b.Park Trails Design and Specifications 15.00 135.00$ $1,485.00 $1,485.00
c.Playground Design and Specifications 21.00 189.00$ $2,079.00 $2,079.00
3.12 Prepare Draft Bid Package 17.00 170.00$ $1,870.00 $1,870.00
3.13 Integrate final design components into master design set 8.00 8.00 -$ $1,400.00 $1,400.00
Subtotal $460.00 $4,500.00 $10,370.00 $1,560.00 $5,600.00 $700.00 $0.00 $10,900.00 $0.00 $1,000.00 $18,393.75 $0.00 $5,270.00 $8,640.00 $4,420.38 $71,814.13 $71,814.13
4 CLOMR
4.1 Effective model development 90.00 -$ $7,650.00 $7,650.00
4.2 Existing conditions model review and modifications 46.00 -$ $3,910.00 $3,910.00
4.3 Proposed conditions model development 62.00 -$ $5,270.00 $5,270.00
4.4 Prepare and submit CLOMR Application 18.00 128.00 4400.00 -$ $16,900.00 $16,900.00
4.5 Respond to Regulatory Comments 40.00 -$ $3,400.00 $3,400.00
Subtotal $0.00 $1,620.00 $31,110.00 $0.00 $0.00 $0.00 $4,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $37,130.00 $37,130.00
5 Permitting - Joint Application
5.1 Prepare Joint Application for 404, 310, and 318 permits 8.00 8.00 4.00 250.00 -$ $1,910.00 $1,910.00
5.2 Prepare and submit SWPPP 24.00 900.00 -$ $2,940.00 $2,940.00
5.3 Attend permitting meetings and site visits 6.00 6.00 -$ $1,050.00 $1,050.00
5.4 Respond to Regulatory Comments 16.00 -$ $1,360.00 $1,360.00
Subtotal $0.00 $1,260.00 $4,590.00 $260.00 $0.00 $0.00 $1,150.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,260.00 $7,260.00
6 Revise Final Designs and Prepare Bid Package
6.1 Modifiy designs to incorporate regulatory feedback (estimate)10.00 10.00 -$ $1,750.00 $1,750.00
6.2 Prepare bid package -$ $0.00 $0.00
Subtotal $0.00 $900.00 $850.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,750.00 $1,750.00
7 Final Design Reporting
7.1 Prepare monitoring plan 24.00 10.00 -$ $2,810.00 $2,810.00
Subtotal $0.00 $2,160.00 $0.00 $650.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,810.00 $2,810.00
8 Construction Easement Exhibits
8.1 Prepare Construction Easement Exhibits and Descriptions for 6 Lots 12.00 25.00 250.00$ $3,770.00 $3,770.00
Subtotal $0.00 $0.00 $1,020.00 $0.00 $0.00 $0.00 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $250.00 $3,770.00 $3,770.00
Total Quantity 10.00 172.00 616.00 38.00 80.00 2.00 5550.00 134.00 6.00 10.00 183.94 9.00 72.00 106.00 $5,107.88 139496.63 $139,496.63
Total Cost $1,150.00 $15,480.00 $52,360.00 $2,470.00 $5,600.00 $700.00 $5,550.00 $13,400.00 $1,050.00 $1,000.00 $18,393.75 $1,575.00 $6,120.00 $9,540.00 5,107.88$ 139,496.63$ 139,496.63$
DIRECT COSTSFEES
Bogert Park Final Design
Total Task No.Task Description Subtotal
38
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 ofthe 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
39
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.
40
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
41
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
42
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
43
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
44
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
45
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 (StorySt, 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
46
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 floodwayboundaries.
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
47
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
48
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
49
Project Schedule
The following provides an estimated schedule for final design and permitting:
Task Descrption Date Do, A—Pr-1 may June Ely August. Tpte—mbL—0—cI—ob c,
Task 2-Fine)0.,eg,1211117,.3Jall,4
13c,h,,Is.M,21,Sub-r 90%F—I P?.-."d be COB aJW2014
COS R—m.dC-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-CLOMRand P-0Appftotio.. 12MI3-SMi4
Oe,,wobie 3 1—14 1-Doafi CLOMR Appheal—and P.-d Apox.t—tt.b-rr,,lto COB 3lX2014
COB R—..and C.--t Pelpd N3114-'3/17!14
Rv.--s to apport—s based-COS"noments 3117M4-491104
Dbl 3 2and 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-1Fw—...op—r—nos
7oetl,6.Final Design Reporting 0nd Mo,it,ring Plan 4/119'44-410.x14
Ceb—bf.6,f and 6 3-DWI Wnac-gRdpcA.,a F-9 Oes,q,R.P.,( 519=14
COB Renew I'd Comment Fe-ed 51412014 6/212014
RV, to M0,4.-5 Planand R-I Des,gn RO"O 6/212014 012312014
Dad rcable N 2.11d 64 I.—g Rbpbv Intl Fa&D r 5,,q,f12Eod E2W014 ------—
9
50
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. (Task 2.10)
Intrinsik Footbridge architectural design and specifications (Task 2.9)
Footbridge structural design (with Nishkian Monks) (Task 2. 9)
10
51
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so
PROFESSIONAL SERVICES AGREEMENT
THIS AGRFEMENT 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
54
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 of6
55
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 ofMontana 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 of6
56
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 subjeel 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
57
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 ofthis 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
58
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 andyearfirstabovewritten.
CITY OF BOZEMAN, MONTANA
By: C9:w
Ry:
Chris Kukiulslcl, city Manager
CONK
U TANT' ._
I'riant Name:
0*
Bo Print Title:
Zm t'
ATTEST: ;oA
By;
Stac ri TM ,tjt'y Qerk
APPROVED S To 6ik :*
By
Gre u tivan,City Attorney
Ppgc 6 of6
59
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 ofdetailed 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 ofthe
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.
60
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 followingdetailsinConceptDesignReport:
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 ofeach of these elements. (Rqferenee-- SkidnioreetaI2011,pp,171-174,
wil,").restorationreview,com)
3. Typical concept drawings ofthe 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.
61
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 ftasks required to complete the design.
Task 3. Final gLsiX n cos t oo n ion
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
62
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.
63
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$75,00 having been paid to the Director of Finance
in accordance with the provisions of the ordinance of said City, and the Acts of the
Legislative Assembly of the State of Montana.
0
This License is issued subject to all the terms and condditibns of the .business License
Ordinance of the Bozeman Municipal Code and of Appliption No. 12-00001145.
This license is NOT SFE BLE.
N
WITNESS my hand and seal this February 3, 2012 C
Signature
LICENSEE
I
Laurae Clar , Treasurer
By Carol A. Nei 3auer, Business License Clerk
64
ORATE (MMIDWYY1'YI
AC CERTIFICATE OF LIABILITY C 0311 41201 2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ 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 COMPANYMau.
MICHAEL J,HALL&COMPANY PHoutNn 5qJ 596- 3700 aC_NJ1 .(360)598-3703
HALL d:COMPANY E rwt
19660 1OTH AVENUE N.E, 6rrfxtrs1__.._ - __ _.
POULSBO WA 98370
iNSURERIG)AFFORDING COVERAGE NAIL 11
INSLR CRA, : Undorwrlters at Lloyd's,London
IasuRCR5 The Phoenix Insurance Company 25623ConfluenceConsultingInc
PO Box 1133 tNrtE.4C .
Boaemani 69771-`1133 INSURER
IN4u,HL8k
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 LaacdttET___ 3 300,000,
M1ED SFXPLAn one
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p XC!U IJFPp PERSONAL&ADV INJURY 5 1„000,000
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UESCRIPTIONOF QFtIRATIONS 1 LOCATIONS f VEHICLES(Attach ACpR0 131,Addhlonei Remarks SetIo4Vc.,Ifmare 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
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Co.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of +•20 I.? by
and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 121 North ouse Street, Bozeman, Montana 59771,
hereinafter referred to as "City," and,aeoce- &W-9k, /k x1133' Bozeman, MT 59771,
hereinafter referred to as "Consultant."
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: 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
times. For conflicts between this Agreement and the Scope of Work, unless specifically provided
otherwise, the Agreement governs.
4.Payment: Consultant is to complete stage 1 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 under the under the following
payment schedule:
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A maximum of$15,000 upon City receipt of Deliverables 1 and 2.
The balance shall be payable upon City receipt and approval of Deliverables 3 and 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 Agreement, 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,
progress 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 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: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not 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 workers'
compensation or any other purpose. Consultant is not authorized to represent the City or otherwise
bind 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 members and
employees 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 hannless against claims, demands, suits, damages, losses, and expenses connected
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,
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property damage, occasioned by, growing out of, or in any way arising or resulting from 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 indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Consultant or Consultant's agents or employees.
Consultant also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent" as per 28-2- 702, MCA.
Should City be required to bring an action against the Consultant to assert its right to
defense or indemnification under 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 claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(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 the 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 General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The
City must approve all insurance coverage and endorsements prior to the Consultant commencing
work.
8. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner. For work conducted by a licensed
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professional engineer, the Consultant shall place his endorsement on all drawings and other data
furnished by it.
9.Compliance 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 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 Consultant shall be subject to and comply with Title
VI of the Civil Rights Act of 1464; Section 140, Title 2, 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 time 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 payment 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 which 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), and (2) deliver or otherwise
make available to the City within ten (10) days copies of all data, design drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated 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.
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Upon 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 under the law.
The 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 Assignability: This document contains the entire agreement
between the parties and no statements, promises 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. Ownership and Publication of Materials: 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 any other country without the prior written approval of the City.
14. Reports/Accounta WHOMublie 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, 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 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 liZW_n with Consultant is Ron Dingman and
Consultant's designated liaison with City is,;4
16. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the 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 term
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
of this Agreement 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
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entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-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: By:
T
Chris Kukulski, City Manager CONS TANT_
Print Name•
Print Title: SCI Pi
FB
n e
ATTEST:
u. \ r
By:
Staci nike "SC1 ,-C t' Jerk
APPROVED AS 'I'OI+O 'rI
By , (X4L
Gre u[l-1van, City Attorney
Page 6 of
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Attachment A: Scope of Work
Design for the Bozeman Creek at Bogert Park Enhancement Project will occur in two stages.
This Scope of Work addresses only Stage 1, which will design the project approximately to the
30% level. Stage 1 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
for preliminary consultation with permitting agencies if appropriate. Work may begin once the
City notifies the Consultant.
Stage 2 of 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 elements.
1) Design and preparation of detailed plans and specifications depicting the proposed creek
enhancement, including the following elements: channel 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 footbridge spanning the
re-constructed creek channel and floodplain.
3) Design and preparation of detailed plans and specifications for landscape elements to direct
park users to hardened access sites and creek viewing areas while protecting other areas of the
restored creek and riparian area from overuse. Design oftrails 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.
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8) Preparation of a monitoring plan in conjunction with final 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 Iocal permits.
10) Preparation ofbid documents.
11) Construction oversight of creek enhancement and park amenity elements.
12) Construction oversight of utility relocation.
Scope of Work for Stage 1
The Scope of Work for Stage 1 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 ofpavilion arch extents using soil probes to determine limits of inset
floodplain development adjacent to the pavilion.
Task 2. Concept Design Development and Re ort
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 infrastructure, 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.
2. List and description of all design elements and the specific design criteria that will drive
final design of each of these elements. (Reference: Skidmore et al 2011,pp171-174,
www.restorationreview.com)
3. Typical concept drawings of the proposed channel planform, 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.
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5. Description, conceptual drawings, and approximate locations of all recreational features
and other park amenities to be included in the enhancement project, including footbridge,
trails and stream access sites.
b. Description of the sequence of tasks required to complete the design.
Task 3. Final design cost opinion
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 each 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 Alternatives
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 I Deliverables
All Deliverables shall be supplied to the City in both digital format and hard copy (3 copies).
1) Draft Plans* provided in 11" x 17" format to the City for review and comment:
a. Proposed alignment of stream alignment and utilities, estimated floodplain inundation at
flood and design flows, disturbance limits, and riparian areas showing the relationship to
adjacent property owners.
b. Typical drawings of all design elements, including:
cross-sections of varying geomorphic stream channel and habitat features (riffles,
pools, floodplain)
longitudinal profile of stream channel and geomorphic and habitat features
stream bank configuration
riparian planting zones and compositions
limits of disturbance for construction
Plans will be 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,
final design cost proposal, and
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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 DNRC 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 1 and 2 to City by 2 pm.
May 9, 2012 - Submit Deliverables 3 and 4 to City by 2 pm.
The following subcontractors will assist in fulfilling the contract: TD&H Engineering, Design 5,
Intrinsik, and Nishkian Monks.
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MONOMER REMEMBER!MIR
CITY OF BOZEM N
BUSYNESS LICENSE
NO. 12-00001145 75.00
GRANTED February 3, 2012
BEGINS Januaryl, 2012 EXPIRf 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 GaIlati , State of Montana, to carry
on the business or occupation of SERVICE - CONSULTING.
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 sai City, and the Acts of the
Legislative Assembly of the State of Montana.
This License is issued subject to all the terms and conditions of the Business License
Ordinance of the Bozeman Municipal Code and of Application No. 12-00001145.
This license is NOT TRANSFERABLE.
WITNESS my hand and seal this February 3, 2012
Signature A4)Apa-'
LICENSEE
Laurae Clark, Treasurer
By: Carol A. Nei auer, Business License Clerk
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DATE ;MC40RQ' CERTIFICATE OF LIABILITY INSURANCE NUOnmYYI
4*.r 031103/1412012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 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
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements).
PRODUCER Phone, (36C)598-3700 Fax (360)598-3703 CONTACT MICHAEL J.HALL&COMPANYNAME'-MICHAEL J.HALL&COMPANY P"O"E
C NoHALL&COMPANY 360) 598-3703
E-MAIL
19660 10TH AVENUE N.E. ADOgESS:
POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAIC#
INSUIRERA Underwriters at Lloyd's,London
INSURED
Confluence Consulting Inc INSURER 3 The Phoenix Insurance Company 25623
PO Box 1133 INSURER C .
Bozeman,MT 59771-1133 INSURER D
INSURER E
INSURERF -
COVERAGES CERTIFICATE NUMBER: 155970 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VdITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE AOD'L SUER POLICY EFF POLICY EXPLTRINSRMDPOLICYNUMBERMMIDDffyyy' _1ZMQQ1YyYYt__ LIMITS
B GENERAL LIABILITY 6802684L762 09/27/11 09/27112 EACH OCCURRENCE 1,000,000
DR MI E5(RENTED 300,000CPREMISES(Ea acccrence)
CLAIMS-MADE I " OCCUR MED.EXP(Any oneperson) $ 10,400
X_OCR XCU,BFPD PERSONAL&ADV INJURY $ 1,000,000
X Separationof Insureds GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG $ 2,000,000
POLICY X PELT LOC
B AUTOMOBILE LIA13ILM 68026841-762 09127/11 09/27/12 IEaaaeopSINGLE LIMIT 1,000,000
ANY AUTO BODILY INJURY(Perperson) $
ALL OWNED
AUTOSULED
BCDILY INJURY(Peraccident) $AUTOS
X HIREDAUTOS X NON-OWN€ PROPERTY DAMAGEAUTOSperaccidenq
UMBRELLA LIAR OCCUR EACH OCCURRENCE
EXCESS UAB CLAIMS-MADE AGGREGATE
DED RETENTION S
WORXERS COMPENSATION WC STATU-OTH
AND EMPLOYERS' LIABILITY TORY LIMITS ER 5
ANY PROPRIETORIPARTNERIEXECUTIVE
YON
E.L.EACH ACCIDENT
0FFICEMMEMBER EXCLUDED?NIA
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5
It yes,deacdbeunder
DESCRIPTION OF OPERATIONSbelow E.L.DISEASE-POLICY LIMIT $
A Professional LiabIlily.Claims Made Ferm 11598122231011 09/27/11 09/27112 7,000,000 Per Claim Retro Date:
2,000,000 Aggregate Mar 27,1997
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
121 N Rouse Ave ACCORDANCE WITH THE POLICY PROVISIONS.
Bozeman,MT 59715-3740 AUTHORIZED REPRESENTATIVE
7
Attention:
Ashley L. Hurd
ACORD 25(2010105) O 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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