HomeMy WebLinkAboutResolution No. R17-06 RESOLUTION NO. 1 -
R 706
A RESOLUTION OF THE CITY COUNCIL APPROVING A
PROFESSIONAL SERVICES CONTRACT AUTHORIZING THE PREPARATION
OF A FINAL MASTER PLAN FOR THE CITY'S RIVERSIDE PARK.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Professional Services Contract ("Contract") that provides for
the creation and production of a Final Master Plan for Riverside Park, a copy attached hereto, is
hereby approved. The services and total compensation for such services shall not exceed
$50,000 to be paid incrementally pursuant to the Scope of Services and Payment Schedule both
attached to the Contract hereto and labeled Exhibits A and B.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute the Professional Services Contract and any additional documents/agreements
required to effectuate this Resolution on behalf of the City.
Introduced at a regular meeting of the City Council on March 7, 2017, by Council
Member Stokes .
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 7th day
of March.
APPROVED by the Mayor this 7th day of March, 2017.
CITY OF LAUREL
t/Y 7:i U
Mark A. Mace, Mayor
ATTEST:
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Bethan eeler, Clerk/Treasurer
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Sam S. Painter, Civil City Attorney
R17-06 Approve Professional Services Contract for Master Plan for Riverside Park
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into this 7th day of March, 2017, by and between Beartooth Resource
Conservation and Development Area, Inc., with a mailing address of PO Box 180, Joliet, MT
59041, herein referred to as the CRDC; The City of Laurel, with a mailing address of PO Box 10,
Laurel, MT 59044, herein referred to as Client; and Great West Engineering, Inc. with a mailing
address of 2501 Belt View Drive, Helena, Montana, 59604, herein referred to as the
"Contractor,"
Witnesseth:
WHEREAS, the Montana Department of Commerce, herein referred to as "the Department," has
awarded the CRDC grant funds under the Big Sky Economic Development Trust Fund (BSTF)
for purposes of the completion of a Master Plan for Riverside Park on behalf of the Client: and
WHEREAS, the CRDC and Client desire to engage the Contractor to render certain services
related to the completion of the above described project; and
WHEREAS, the CRDC and Client have complied with state and federal procurement
requirements regarding the selection of contractors; and
WHEREAS, the CRDC and Client desire to enter into an agreement with the Contractor as
hereinafter provided to assure the effective management of the project;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONTRACTOR. The CRDC and Client agree to engage the
Contractor, and the Contractor agrees to provide the services as outlined in the Scope of
Work attached as Exhibit A.
2. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the
Contractor is an independent contractor and that neither its principals nor its employees,
if any, are employees of the CRDC or Client for purposes of tax, retirement system, or
social security (FICA) withholding. It is further understood that pursuant to section 39-71-
401, MCA, the Contractor has obtained, and will maintain at its expense for the duration
of this Contract, coverage in a workers' compensation plan for its principals and
employees for the services to be performed hereunder.
3. LIAISON. The CRDC's designated liaison with the Client is Sue Taylor, Economic
Development Director, or her successor, the Client's designated liaison between the
CRDC and Contractor is Heidi Jensen, Chief Administrative Officer, City of Laurel, or her
successor. The Contractor's designated liaison with the Client is Jerry Grebenc, Senior
Planner, Great West Engineering, Inc.
4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect on
March 7, 2017. The services to be performed by the Contractor will be completed no
later than January 30, 2018.
1 Riverside Park Master Plan
5. SCOPE OF SERVICES. The Contractor will perform the services as outlined in the
Scope of Services attached as Exhibit A.
It is understood and agreed by the parties that the services of the Contractor do not
include any of the following: the disbursement or accounting of funds distributed by the
CRDC's financial officer, legal advice, fiscal audits or assistance with activities not related
to the project.
6. COMPENSATION. For the satisfactory completion of the services to be provided under
this Contract, the CRDC will pay the Contractor a sum not to exceed $50,000.00 (Fifty
thousand dollars) as in the manner set forth in the attached Exhibit B, which by this
reference is made a part of this contract. Each specific service the Contractor will
provide under this contract, and the maximum amount that the CRDC will pay the
Contractor for each of these services, is set forth in the attached Exhibit B. The
Contractor may submit monthly requests for payment, based on actual work performed,
which must be accompanied by an itemized invoice describing the services furnished, the
number of hours worked to accomplish each item, the amount being billed for each item,
a description of any other eligible expenses incurred during the billing period, including
receipts as appropriate, and the total amount being billed.
7. CONFLICT OF INTEREST. The Contractor covenants that it presently has no interest
and will not acquire any interest, direct or indirect, in the BSTF project which would
conflict in any manner or degree with the performance of its services hereunder. The
Contractor further covenants that, in performing this Contract, it will employ no person
who has any such interest.
8. MODIFICATION AND ASSIGNABILITY OF CONTRACT. This Contract 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 the written
Contract, are valid or binding. This Contract may not be enlarged, modified or altered
except upon written agreement signed by all parties hereto. The Contractor may not
subcontract or assign its rights, including the right to compensation, or duties arising
hereunder without the prior written consent of the CRDC. Any subcontractor or assignee
will be bound by all of the terms and conditions of this contract.
9. CONDITIONAL AGREEMENT. It is expressly understood by the parties hereto that this
Contract is dependent and conditioned upon the receipt of the funds from the Department
and that in the event that said funds are not provided, the CRDC incurs no
responsibilities or liabilities under this Contract.
10. INSURANCE.
a) General Requirements. The Contractor shall maintain for the duration of the contract, at
its cost and expense, insurance against claims for injuries to persons or damages to
property, including contractual liability, which may arise from or in connection with the
performance of the work by the Contractor, agents, employees, representatives, assigns,
2 Riverside Park Master Plan
or subcontractors. This insurance shall cover such claims as may be caused by any
negligent act or omission.
b) Primary Insurance. The Contractor's insurance coverage shall be primary insurance as
respect to the Department, the CRDC, the Client, and their officers, officials, employees,
and volunteers and shall apply separately to each project or location. Any insurance or
self-insurance maintained by the Department, the CRDC, the Client, and their officers,
officials, employees, or volunteers shall be in excess of the Contractor's insurance and
shall not contribute with it.
c) Commercial General Liability. The Contractor shall purchase and maintain occurrence
coverage with combined single limits for bodily injury, personal injury, and property
damage of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such
claims as may be caused by any act, omission, or negligence of the Contractor or its
officers, agents, representatives, assigns, or subcontractors. The State, the CRDC, the
Client, and their officers, officials, employees, and volunteers are to be covered and listed
as additional insured's; for liability arising out of activities performed by or on behalf of the
Contractor, including the insured's general supervision of the Contractor; products and
completed operations; premises owned, leased, occupied, or used.
d) Certificate of Insurance/Endorsements. Insurance must be placed with an insurer with a
Best's rating of no less than A-. The CRDC (PO Box 180, Joliet, MT 59041) and Client
(PO Box 10, Laurel, MT 59044), must receive all required certificates and endorsements
within 10 days from execution of this Contract. The Contractor must notify the CRDC and
Client immediately of any material change in insurance coverage, such as changes in
limits, coverage, change in status of policy, etc. The CRDC and Client reserve the right
to require complete copies of insurance policies at all times.
11. COMPLIANCE WITH WORKERS' COMPENSATION ACT. The Contractor accepts
responsibility for supplying, and requiring all subcontractors to supply, the CRDC and Client with
proof of compliance with the Montana Workers' Compensation Act while performing work for the
State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the
Contractor nor its employees are employees of the CRDC or Client. The proof of
insurance/exemption must be in the form of workers' compensation insurance, an independent
contractor exemption, or documentation of corporate officer status and must be received by the
CRDC and Client within 10 working days of the execution of this Contract, and must be kept
current for the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 12
TERMINATION OF CONTRACT IF THE CONTRACTOR FAILS TO PROVIDE THE REQUIRED
DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
Coverage may be provided through a private carrier or through the State Compensation
Insurance Fund (406) 444-6500. An exemption can be requested through the Department of
Labor and Industry, Employment Relations Division (406) 444-1446. Corporate officers must
provide documentation of their exempt status.
3 Riverside Park Master Plan
12. TERMINATION OF CONTRACT. This Contract may only be terminated in whole or in
part as follows:
a) Termination Due to Loss or Reduction of Funding. The CRDC, at its sole discretion, may
terminate or reduce the scope of this Contract if available funding sources are eliminated
or reduced for any reason. If a termination or modification is so required, the CRDC may,
if sufficient program funds are available, compensate the Contractor for eligible services
rendered and actual, necessary, and eligible expenses incurred as of the revised
termination date. The CRDC will notify the Contractor and Client of the effective date of
the termination or modification of this Contract and, if a reduction in funding is required,
will provide the Contractor and Client with a modified Project budget and modified scope
of work prior to commencement of the balance of work.
b) Termination for Cause with Notice to Cure Requirement. The CRDC may terminate this
Contract for failure of the Contractor, its contractors, or subcontractors to perform or
comply with any of the services, duties, terms or conditions contained in this Contract
after giving the Contractor written notice of the stated failure. The written notice will
demand performance of the stated failure within a specified period of time of not less than
thirty (30) days. If the demanded performance is not completed within the specified
period, the termination is effective at the end of the specified period.
c) Effect of Termination. In the event of termination due to the Contractors, its contractors',
or subcontractors' failure to perform or comply with any of the services, duties, terms, or
conditions of this Contract, any costs incurred will be the responsibility of the Contractor.
However, at its sole discretion, the CRDC and Client may approve requests by the
Contractor for reimbursement of expenses incurred. The CRDC's decision to authorize
payment of any costs incurred or to recover expended Program funds will be based on a
consideration of the extent to which the expenditure of those funds represented a good
faith effort of the Contractor to comply with the any of those services, duties, terms, or
conditions of this Contract, and on whether the failure to comply with any of those
services, duties, terms, or conditions resulted from circumstances beyond the
Contractor's control.
13. COMPLIANCE WITH LAWS.
a) The Contractor must, in performance of work under this Contract, fully comply with all
applicable federal, state, rules, policies, and regulations, concerning, but not limited to,
human rights, civil rights, employment law, Affordable Care Act and labor law. Any
subletting or subcontracting by the Contractor subjects subcontractors to the same
provision.
b) The Contractor shall promptly refer to the CRDC and Client any credible evidence that a
principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has
submitted any false claim or has committed any criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
funds provided under this Contract.
4 Riverside Park Master Plan
14. DOCUMENTS INCORPORATED BY REFERENCE. The CRDC's application to the
Department for funding, dated October 26, 2016 and all applicable federal and state
statutes and regulations are incorporated into this Contract by this reference and are
binding upon the Contractor.
15. EQUAL EMPLOYMENT OPPORTUNITY. Any hiring of employees by the Contractor
under this Contract will be on the basis of merit and qualification, and the Contractor will
not discriminate against any person on the basis of race, color, religion, creed, sex,
national origin, age, disability, marital status, or political belief. As used herein,
"qualifications" means qualifications that are generally related to competent performance
of the particular occupational task.
16. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data, and
other materials prepared by the Contractor pursuant to this Contract are the property of
the CRDC, the Client and the Department which have the nonexclusive and unrestricted
authority to release, publish or otherwise use, in whole or part, information relating
thereto. No material produced in whole or in part under this Contract may be copyrighted
or patented in the United States or in any other country without the prior written approval
of the CRDC, the Client, and the Department.
Additionally, the following statement must be included with all materials developed
wholly or in part by the funding provided by the Big Sky Economic Development
Trust Fund Program:
"The funding for the Riverside Park Master Plan was provided in part by an
award from the Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program."
17. REPORTS AND INFORMATION. The Contractor will maintain accounts and records,
including personnel, property and financial records, adequate to identify and account for
all costs pertaining to this Contract and such other records as may be deemed necessary
by the CRDC and Client to assure proper accounting for all project funds.
18. ACCESS TO RECORDS. It is expressly understood that the Contractor's records
relating to this Contract will be available during normal business hours for inspection by
the CRDC, the Client, the Department and, when required by law, the Montana
Legislative Auditor and Legislative Fiscal Analyst.
19. PLACE OF PERFORMANCE, CONSTRUCTION, AND VENUE. The parties understand
and agree that performance of this contract is within the Certified Regional Development
Corporation region served by Beartooth RC&D and that in the event of litigation
concerning it, venue is in the 13th Judicial District in and for the County of Yellowstone,
State of Montana.
This Contract will be construed under and governed by the laws of the State of Montana.
20. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the
CRDC and Client, including the right of contribution for loss and damage to persons or
property arising from, growing out of, or in any way connected with or incidental to the
5 Riverside Park Master Plan
Contractor's negligent or wrongful performance of this contract except for liability arising
out of concurrent or sole negligence of the CRDC, Client, or Its officers, agents or
employees. Further, the Contractor will indemnify and hold harmless the CRDC and
Client against any and ail claims, demands, damages, costs, expenses or liability arising
out of the Contractor's negligent or wrongful performance of this Contract except for
liability arising out of the concurrent or sole negligence of the CRDC, Client, or their
officers, agents or employees.
21. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and
conditions of this Contract, the prevailing party is entitled to recover reasonable attorney's
fees and other costs and expenses,whether the same are incurred with or without suit.
22. ELIGIBILITY. The Contractor certifies that the Contractor's firm and the firm's principals
are not debarred, suspended, voluntarily excluded, or otherwise Ineligible for participation
in State of Montana assisted contracts.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on
the 7th day of March, 2017
CONTRACTOR CRDC
Great West Engineering, Inc. Beartooth Resource Conservation &
Development Area, Inc.
et, ' hum( ,
(Signature) Or-
(Signatu )
BY: Daniel M. McCauley, President BY: Sue Taylor, Economic Development Dir.
Great West Engineering, Inc. Official Representative of Beartooth
Resource Conservation&Development
DATE:MARC/4/8i ZQ17 DATE: 03147,.20/7
CLIENT
City of Laurel
,1(0) `
(Signature)
BY: Mark A. Mace, Mayor, City of Laurel
DATE: 43/67/.2.617
8 F vereide Park Master Plan
Exhibit A: Scope of Services
Estimated
Task Cost
Professional Services
KICK OFF MEETING AND SITE VISIT.
• Conduct a kickoff meeting with the Chief Administrative Officer, Public Works
Director, Planner and Parks Board to discuss the purpose of the master plan
and the desired outcomes of the project and to identify initial opportunities and
issues that Laurel residents would like to address. The City Council may
appoint a citizen's advisory committee to provide guidance to Great West
Engineering on the development of the master plan outside of public meetings. $3,005
The City of Laurel's website and Facebook page will be utilized to assist with
communication and distribution of draft documents.
• Spend a half a day visiting Riverside Park to collect information and
photographs about the important features and assets of the Park. The survey
would occur during the initial trip to Laurel for the Kick-Off Meeting.
INFRASTRUCTURE & FACILITY ANALYSIS. 1)Assess existing uses, functionality,
and essential improvements to park facilities; 2)Analyze vehicle parking and the traffic
flow coming off Highway 310 in order to provide vehicle access to the facility more
efficiently and safely; 3) Evaluate the water and sewer services serving the Park and
determine the feasibility of year-round water and sewer services to the area; 4) $11,770
Evaluate pedestrian and bike access to and within the park.
INTERVIEWS WITH KEY STAKEHOLDERS. Spend a day interviewing key
stakeholders (identified by the City) to gather information on existing opportunities, and
needs at the park. $1,293
PUBLIC WORKSHOP - IDENTIFYING OPPORTUNITIES, ISSUES AND NEEDS.
Great West Engineering and the City will facilitate a public workshop to gather public
input and guidance about the opportunities, issues and needs that the residents of
Laurel feel are important. The meeting will include the development of economic goals
and opportunities as a result of the Master Plan. Great West will develop an electronic $4,075
survey for distribution via email to gather public input. Great West Engineering will
compile the results of the meeting and surveys.
DEVELOP DRAFT MASTER PLAN
• Based on public input, and with assistance from Great West Engineering, the
advisory committee will develop a list of community goals, objectives, and
policies for the master plan. The advisory committee will communicate the list
of goals and objectives to Great West Engineering via conference call and
email. $15,501
• Implementation steps for achieving the draft goals & objectives will be provided
by the advisory committee. Great West will develop these steps into a
description of the proposed improvements, cost estimates, and potential
sources of funding. The advisory committee will communicate its list of
preferred implementation measures to Great West Engineering via conference
call and email.
7 Riverside Park Master Plan
• Prepare a draft master plan that includes an executive summary, description of
the existing conditions, goals and objectives, maps, charts, photos and
implementation measures, estimated costs and potential funding sources. The
draft plan shall be distributed to the Chief Administrative Officer, Public Works
Director, Planner, Parks Board, and Beartooth RC&D for review and input. The
draft will also be posted on the project website for access by the public.
2' COMMUNITY WORKSHOP. Conduct a public workshop with the City to discuss
the draft master plan with both the Chief Administrative Officer, Public Works Director,
Planner, Parks Board and the public. Great West will facilitate the meeting and $2,577
document the comments.
EDIT DRAFT MASTER PLAN AND DISTRIBUTION OF REVISED DRAFT.
• Based on the input from workshop participants, the document will be revised.
• The draft master plan will be made available to the public for review and
comment. Distribution will be done in an electronic format for the public, and $3,857
hard copies will be provided to the Chief Administrative Officer, Public Works
Director, Planner, Parks Board and Beartooth RC&D.
PUBLIC HEARING ON MASTER PLAN AND COMPLETION OF FINAL DRAFT.
• The draft master plan will be formally presented to the public at a hearing of the
City Council. Great West Engineering staff will attend the meeting, answer
questions and assist with documenting public comment.
• Based on the input received at the public hearing on the draft, a final report will $5,559
be prepared for the review and approval of the city council. (??) Hard copies
and 1 electronic copy of the final document will be supplied. Additional copies
will be printed as directed. The cost for additional copies will be the actual cost
of production.
CITY COUNCIL ADOPTION OF THE MASTER PLAN. The final draft master plan will
be formally adopted by the City Council. Great West Engineering staff will attend the $2,363
meeting and answer questions regarding the document.
Total Professional Services Cost $50,000
8 Riverside Park Master Plan
Exhibit B: Payment Schedule
Approved project cost: $ 50,000.00
Funding Sources, to be paid in equal amounts for each Contractor invoice:
Big Sky Economic Development Trust Fund up to $25,000
City of Laurel up to $25,000
The Contractor may submit monthly requests for payment to the Client, based on the actual
work performed, which must be accompanied by the following:
• A written summary of activities, including any problems encountered during the billing
period
• An itemized invoice describing the services furnished, the number of hours worked to
accomplish each item and the amount being billed for each item. These services must
match the tasks and estimated costs as detailed by Contractor in the Scope of Services.
• A description of any other eligible expenses incurred during the billing period, including
receipts as appropriate
• Total amount being billed.
The Client may choose to pay the full invoice as it is due and submit proof of payment to CRDC
and a Client-generated invoice in the amount of 50% of the Contractor invoice.
CDRC shall submit a request for payment within 5 business days of receipt of the Client invoice
and proof of payment to the Department for the release of eligible funds and the Client will be
reimbursed for the eligible portion of funds.
The Department will withhold 10% until all tasks outlined in the Scope of Services are complete,
and the Department approves the final Master Plan for Riverside Park.
9 Riverside Park Master Plan