HomeMy WebLinkAbout09-12-16 CC Mtg - C8. PSA - Leland - Economic Dev
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist SUBJECT: Authorize the City Manager to Sign the Professional Services Agreement and Task Order #1 with Leland Consulting Group for Economic Development, Corridor Revitalization and Parking Consulting Services in the Midtown Urban Renewal District.
MEETING DATE: September 12, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to Sign the Professional Services Agreement and Task Order #1 with Leland Consulting Group
BACKGROUND: The Fiscal Year 2017 Work Plan for the Midtown Urban Renewal Board (MURB) identified two projects that are included in the work proposed for this Professional Services Agreement and Task Order. Current parking standards in effect are in conflict with the Bozeman Midtown Urban Renewal Plan’s recommendation for supporting urban density mixed land uses. The proposed scope of work outlined in the attached Task Order seeks to integrate the regulatory framework for parking with the Midtown Board’s adopted vision of the corridor’s built environment for the corridor, in a manner that respects the need for adequate parking and a desire for urban density and walkability. The node action planning effort proposed in the attached scope of services proactively coordinates public infrastructure investments and maximizes incentives thus optimizing the return on public investment by phasing and coordinating redevelopment efforts with property owners at various geographic nodes along the corridor.
90
FISCAL EFFECTS: This task order has a total value of $114,515. The MURB Work Plan and Budget included $50,000 for development node building concepts, property owner outreach, and action planning, and $40,000 for assessing parking management considerations. In addition, the MURB voted at their September 1, 2016 meeting to reallocate existing funding to this project from $20,000 appropriated for a Midtown Event and $5,000 from funds appropriated for a BMX Park Master Plan.
ATTACHMENTS:
Professional Services Agreement with Leland Consulting Group Task Order #1 with Leland Consulting Group Task Order #1 Scope of Services and Budget LINKS: Midtown Urban Renewal District District Work Plan and Budget for FY 2017
91
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2016, by
and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Leland Consulting Group, with a mailing address of 610 SW
Alder Street, Suite 1008, Portland, Oregon 97205 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
until June 30, 2017.
3. Scope of Work: Contractor may perform the work and provide the services as
described by the General Scope of Services (Exhibit A). The scope of work to be performed
pursuant to this Agreement will be further described in separate written Task Orders which must be
agreed to in writing by both Parties. Consulting work maybe billed on an hourly basis or as
described by on a written Tasks Order during the course of the term contract. For conflicts between
this Agreement and the Scope of Services or individual Task Orders, unless specifically provided
otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in written Task
Orders or the rate sheet attached to this contract. Any alteration or deviation from the described
services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above
the amount listed in the Scope of Services. The City must agree in writing upon any additional
charges.
92
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 2 of 11
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform 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/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
93
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 3 of 11
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s
agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
94
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 4 of 11
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor 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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. 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 sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
95
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 5 of 11
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
96
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 6 of 11
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine (Economic Development Specialist) or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to David Fine as the City’s Representative and approvals or
97
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 7 of 11
authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Alisa Pyszka or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required
by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
98
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 8 of 11
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: 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
99
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 9 of 11
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
100
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 10 of 11
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended annually
by written agreement of the Parties. In no case, however, may this Agreement be effective after June
30, 2021.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
101
Professional Services Agreement for Economic Development and Corridor Revitalization Term Contract
Page 11 of 11
EXHIBIT A
Leland Consulting Group
General Scope of Work:
The selected consultant may assist the City on any task defined by the general scope of work as directed by
written task order.
1) Market Analysis and Strategy
• Provide strategic, data-driven advice regarding the feasibility of various development types and
projects and provide guidance on the tools, public infrastructure, programs, partnerships,
incentives and policies that can stimulate the desired development.
• Background and experience in analyzing regulations and development codes
• Corridor revitalization strategies and implementation.
2) Parking
• Provide guidance on strategic parking management based on significant demonstrated experience
providing such guidance to similar city governments.
• Provide data-driven parking analysis.
• Draft development codes to provide for appropriately sized parking minimums.
• Conduct business planning for active parking management in surface lots and parking structures.
3) Economic Development and Real Estate Financial Analysis
• Provide robust and detailed analysis and financial pro formas to examine the financial feasibility of
specific projects and provide gap financing analysis to right size economic development incentives.
• Project TIF cash flows based on existing projects and projected projects to assist with obtaining
financing, including bonding.
4) Public-Private Partnerships
• Assist in negotiating and structuring public-private partnerships that are beneficial to the urban
renewal district and the City of Bozeman.
o Provide guidance on the development of conference and convention facilities.
o Provide guidance on the development of shared structured and surface parking facilities.
o Provide guidance on facilitating multi-story mixed use construction with a significant
residential component.
5) Building and Development Conceptualization
• Provide ongoing assistance in developing the Midtown corridor as a specific kind of place by
working with property owners and developers to advance building concepts and formats that are
consistent with the aspirations of the Midtown Urban Renewal Plan, while staying feasible in
Bozeman’s real estate market.
102
LELAND CONSULTING GROUP
People Places Prosperity
Revitalizing Downtowns
Creating Partnerships
Targeting Real Estate Success
Shaping Financial Strategies Strengthening Community Enabling Sustainability & Livability Making Cities Work
610 SW Alder Street Suite 1008 Portland Oregon 97205-3611 503.222.1600
www.lelandconsulting.com
Memorandum
Date August 30, 2016
To David Fine, City of Bozeman
From Chris Zahas, Leland Consulting Group
CC Alisa Pyszka, Leland Consulting Group
Subject Hourly Rates for Contract
Project 5649 Bozeman Midtown
David,
Per your request, following are the hourly rates for all staff from all firms for hourly work on
Midtown:
Staff Rate
Leland Consulting Group
Alisa Pyszka, senior associate
Chris Zahas, managing principal
Ted Kamp, senior associate
Brian Vanneman, principal
David Siegel, senior project manager
Angela Zahas, administrative
Jane St. Michael, administrative
$165
180
155
160
165
95
95
GEL Oregon
Andy Parks, CPA
175
Sanderson Stewart
Lauren Waterton, senior planner
Danielle Scharf, associate principal
Patrick Davies, associate principal
Stephanie Norton, engineer
Megan Terry, landscape designer
125
165
165
90
80
A&E Architects
Dusty Eaton, principal
Brad Doll, architect
Jennifer Dunn, architect
150
105
105
Rick Williams Consulting
Rick Williams, principal
Owen Ronchelli, vice president
Pete Collins, senior associate
Kathryn Doherty Chapman, research
Jennifer Taylor, administrative
Survey foremen
175
145
120
100
60
40
103
Task Order Number 01
Issued under the authority of Professional Services Agreement with Leland Consulting Group for
Economic Development and Corridor Revitalization Services in the Bozeman Midtown Urban
Renewal District dated __________________, 2016 (“Agreement”).
This Task Order is dated , 20____ between City of Bozeman
(City) and Leland Consulting Group (Contractor). The parties agree as follows:
The following representatives have been designated for the work performed under this Task
Order:
City: David Fine
Contractor: Alisa Pyszka
SCOPE OF WORK:
Contractor agrees to perform the work for Task Order No. 1 (the “Work”) as detailed in the
attached Leland Consulting Group Economic Development and Corridor Revitalization Task
Order #1 which is incorporated herein and made a part of the Agreement by this reference.
Contractor agrees to complete the Work by April 30, 2017
COMPENSATION:
Leland Consulting Group’s total billing for the scope of services included with this task order is
not to exceed $114,515. Leland Consulting Group shall submit invoices to the Client for work
completed during the prior calendar month. Invoices will be due and payable 30 days after
receipt of the invoice by the City.
The provisions of the Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have
executed this Task Order:
City of Bozeman Contractor
By: By:
Title: Title:
Date: Date:
104
Leland Consulting Group
Economic Development and Corridor Revitalization Task Order #1
Bozeman Midtown Scope of Work
Following is the scope of work for the Leland Consulting Group team for the Midtown Corridor Revitalization Strategy.
The attached budget represents a not-to-exceed cap based on the proposed scope and other assumptions.
1. Identify Projects and Nodes
The LCG team will review the prior plans for the Midtown Corridor with staff to verify key sites and projects to pursue.
The entire consultant team will participate a site tour as all aspects of site development, real estate strategy, and
parking are integrated. It will be important for the team to gain an understanding of engaged property owners and
barriers to redevelopment. LCG will work with staff to arrange meetings with key stakeholders and the urban renewal
board. In addition, the team will meet with City staff to determine public infrastructure improvements that may be
planned or are possible for the area.
The intent of the plan is to identify key projects that will inspire redevelopment throughout the entire Midtown area.
Therefore, we believe that as part of this process it is important to clearly articulate the vision for the corridor so it is
clear what type of investments are needed and the desired type of redevelopment throughout the entire area.
Articulation of the vision will be established within this task. Once a vision has been articulated, the team will identify
key investments, projects, and locations that support the vision and can act as a catalyst for redevelopment.
Additional work in this task will be to set up a baseline TIF model for later use in the process and to identify incentive
tools and programs to support investment in the corridor.
Deliverables:
• Site visit for meetings with stakeholders and tour of corridor with summary of event
• Prepare a refined node plan of strategic investment areas and opportunity sites that identifies recommended
development programs for each and necessary public infrastructure improvements based on the articulated
vision
• List of incentive tools and benefits and weaknesses of each
• Initial review of existing TIF funds and commitments
2. Schematic Design and Phasing Strategy
Building off Task 1, the team will identify three to five sites that will activate development within the district. The
number of sites will be determined based on property owner interest, development readiness, and the budget
required to complete each analysis. For each site, a schematic design identifying a development concept will be
prepared. These designs will include site layouts, building massing concepts, and required infrastructure
improvements. The designs will provide enough information to convey the intent of the development, impact to the
vision of the district, and projected costs related to the development. The cost estimates will be a high level estimate
based on square footage, including building improvements, site, and landscaping. This level of costing will allow for
the development of a real estate pro forma to convey the market timing for redevelopment and identify potential
105
financing gaps. If possible, at least one site will be analyzed at a finer grain of detail if it is determined to be likely
developable in the very near term.
It will be necessary to align this task with the parking management plan, as parking is a critical component in
determining the viable redevelopment of a site. Furthermore, it may be determined that some form of parking
investment may be necessary infrastructure for urban renewal consideration.
As part of this phase, the project team will convene a developer roundtable discussion to review the node locations,
schematic designs, and feasibility analysis for each site. This roundtable would allow the project team to present their
initial findings and development concepts to a group of development interests who would in turn provide feedback
on the concepts. Revisions to the schematics would be completed as necessary.
The schematic designs and infrastructure improvements will be used to prepare a recommended phasing strategy for
redevelopment and necessary infrastructure projects. A TIF cash flow analysis will be prepared to align with the
infrastructure investments to determine how they can be financed. Once a draft improvement and finance strategy is
developed, the team will review with key City staff.
Deliverables:
• Three to five schematic site/designs (one per each identified site) with cost estimates
• Three to five pro formas for the identified sites
• One site visit for developer roundtable meeting and meeting with staff to review draft phasing plan
• Infrastructure and TIF cash flow phasing plan
3. Parking Management Plan
Rick Williams Consulting will develop recommendations for revising existing parking requirements for new
development in the Midtown Corridor. The work will include a complete inventory of the on and off-street parking
system. This work will be supported in several ways: through review of right-sized parking efforts in other peer cities,
data sampling in Bozeman, a best practices review of Bozeman’s current parking policies, and code for new
development (as it relates to this study area). Findings from the analysis will become the basis for the development of
new policy and code standards for parking that are supportive of new development and consistent with the City’s
vision for this unique corridor. Task elements include:
• Create an inventory of on-street parking in surrounding neighborhoods. Develop an inventory of existing off-
street parking assets within the commercial corridor.
• Conduct a peer review of up to five comparable cities to evaluate parking policies and related code language
that may be applicable to Bozeman (e.g., parking minimums and maximums, shared parking, commercial, and
mixed-use parking requirements). The consultant will work with the City to identify appropriate peer cities for
review).
• As necessary (with input from the City) collect parking utilization samples of multifamily and mixed-use
commercial sites within the Bozeman area to assess current local parking demand for specific land use
configurations.
• Review existing code and policy provisions that may create impediments and barriers to new development
and/or limit opportunities to minimize parking need (e.g., accessory restrictions, barriers to shared use, etc.).
• Draft recommended parking development code revisions that support the desired commercial and residential
development profile for the Midtown Corridor.
106
• Prepare draft ordinance for Bozeman City Commission consideration for parking standards and requirements
as identified in the final report. The ordinance will be prepared in accordance with the City of Bozeman
standards and include specific language to be added, modified or deleted within the existing Unified
Development Code. This task will also include attendance and presentations to applicable review boards and
the City Commission.
• One site visit to assemble the on- and off-street parking inventory.
• Up to two meetings by RWC Principal to deliver findings and recommendations (as determined by the City).
Deliverables:
• On and off-street parking inventory summary
• Code and Policy Review of Bozeman’s Municipal Code
• Peer city case studies – parking code/policy review and comparison
• Findings and recommendations for new code and policy standards.
• Final report incorporating all previous deliverables into a single document
4. Final Action Plan and Vision
The LCG team will compile the above information into a concise action plan that clearly outlines priority projects and
programs that should be carried out by the urban renewal agency. Incentives and other programs to support the
planned projects and that would be carried out by the urban renewal agency will also be identified. Proposed
programs and incentives will be presented with enough detail to be legislatively adopted by the agency as its work
plan. A draft plan will be presented to stakeholders. Once approval is attained, a final document will be prepared.
Deliverables:
• Draft Action Plan
• Meeting with staff, urban renewal board, and key property owners
• Final Action Plan
107
Phase/Task
GEL
Pyszka Zahas Associate Parks Waterton Scharf Davies Engineer Designer Eaton Architect Williams Ronchelli Collins Foremen Hours Budget
$165 $180 $130 $175 $135 $165 $165 $90 $80 $150 $105 $175 $145 $120 $40
Task 1: Identify Projects and Nodes 120 20,190$
Meeting with Stakeholders and Tour Corridor 18 16 16 6 16 72 10,590$
Refined Node Plan 12 2 4 18 2,880$
List of Incentive Tools 16 4 20 3,360$
Analysis of TIF Funds 2 8 10 1,760$
Expenses $800 $800 1,600$
Task 2: Schematic Design and Phasing Strategy 347 46,300$
Schematic Site Design and Cost Estimates 2 8 12 4 16 44 20 25 78 209 24,190$
Pro Formas 2 8 30 40 5,670$
Revisions 2 2 10 12 26 2,850$
Infrastructure and TIF Cash Flow Phasing Plan 2 4 40 46 8,050$
Meeting with Staff on Draft Plan 12 4 4 2 4 26 3,940$
Expenses $800 $800 1,600$
Task 3: Parking Management Plan 270 36,905$
Review Background Materials 6 2 2 2 - 12 1,870$
Parking Inventory - On and Off-Street - 12 12 24 48 4,140$
Data Collection and Data Entry - 8 8 24 40 3,080$
Data Analysis and Existing Conditions Memo (presentation option)10 7 7 28 52 4,725$
Peer Review - Case Studies 8 16 16 - 40 5,640$
Management Strategies Memo (presentation option)4 16 6 6 32 5,050$
Final Report (presentation option)2 16 7 7 32 4,985$
Development Code ordinance preparation 10 10 1,350$
Public meetings 4 4 540$
Expenses $1,900 $1,225 $950 $1,450 5,525$
Task 4: Final Action Plan and Vision 64 11,120$
Draft Action Plan 20 8 28 4,740$
Meeting with Stakeholders to Review Draft Plan 8 4 2 4 18 2,580$
Final Plan 16 2 18 3,000$
Expenses $800 800$ Total Hours 122 56 30 52 54 4 16 54 20 35 114 52 58 58 76 801
Fee Budget $20,130 $10,080 $3,900 $9,100 $7,290 $660 $2,640 $4,860 $1,600 $5,250 $11,970 $9,100 $8,410 $6,960 $3,040 114,515$
Expense Budget $2,400 $1,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,900 $1,225 $950 $1,450
Total Budget $22,530 $11,680 $3,900 $9,100 $7,290 $660 $2,640 $4,860 $1,600 $5,250 $11,970 $11,000 $9,635 $7,910 $4,490
Budget Summary
Fees $104,990
Expenses (e.g., travel)$9,525
Total Budget "not to exceed"$114,515
Total by Phase
Bozeman Midtown Corridor Revitalization Strategy
LCG RWC
Hours by Staff
SS / A&E
LELAND CONSULTING GROUP
108