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HomeMy WebLinkAbout12-05-16 CC Mtg - C4. Amendment 1 with Community Design Group for Design Objectives Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rebecca Owens, Associate Planner Martin Matsen, Director of Community Development SUBJECT: Design Objectives Plan Update, First Amendment to Professional Services Agreement with Community Design Group MEETING DATE: December 5, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize City Manager to sign the First Amendment to the Professional Services Agreement with Community Design Group to update the Design Objectives Plan for Entryway Corridors. BACKGROUND: The last revision to the City of Bozeman’s Design Objectives Plan for Entryway Corridors (DOP) was adopted in 2005. On April 3, 2016, the City of Bozeman published a Request for Proposals (RFP) for a comprehensive evaluation and update of the DOP, to be coordinated with the ongoing Unified Development Code update. The City Commission approved a budget allocation of $50,000 as part of the FY 2016 budget to perform this work. The final Public Services Agreement (PSA) signed by the City and effective on June 30th 2016 identified a contract termination date of February 1st 2017, and the City agreed to payment to the Contractor, not to exceed $36,466. Copies of the Professional Service Agreement and the Scope of Services with Community Design Group are available in the public record, here (http://weblink.bozeman.net/WebLink8/0/doc/101133/Electronic.aspx). The subject presently posed to the City is a recommendation to increase the project timeline and payment. At this time, the Contractor has completed the core task obligations for two of three Phases in the Scope of Work. Most recently, on November 15, 2016, the Contractor ran a well-attended charrette that engaged diverse local development and design community professionals, interested citizens, non-profit representatives, and business representatives. The agenda and a summary of feedback are shared on the project website, here (http://www.bzndesignstandards.com/design--development.html). This exercise and a forthcoming public survey distributed by postcard to approximately 1,500 entryway corridor-area property owners, concludes the Contractor’s information-gathering processes to vet proposed changes to the current Design Objectives Plan format, including as relates to proposed Unified Development Code (UDC) revisions, and to consider up-to-date best practices for design quality. The level of coordination required between the concurrent revisions to the Design Objectives Plan and UDC has been significant and will require continued collaboration to address the proposed expanded adoption of a Community Design Framework in the UDC for block frontage 28 in the City. In particular, following intensive Staff and Contractor consultation, it was determined that the scope of the Design Objectives Plan, which will be renamed the Bozeman Design Standards, will no longer be applied per the Entryway Corridor overlay. Additional discussion on this may be included with the December 5th UDC update work item on the action agenda. The revised plan will continue to exemplify appropriate approaches to code implementation and serve as references for code departures. Phase Three of the project, which entails the development and delivery of the revised plan, the Bozeman Design Standards, was delayed in order for Staff and the Contractor to establish the implications of such a change to entryway corridor-related guidance and processes. Accordingly, the original project budget and timeline has also been nearly exhausted. The purpose of this memorandum and associated consent item is to request the Commission’s authorization of the First Amendment to the PSA with Community Design Group to update the Design Objectives Plan for Entryway Corridors. The requested additional payment amount of $12,685 will still keep the project within the approved $50,000 budget allocation, for total payment to the Contractor of $49,151. The recommended extension of the project timeline to terminate on March 20th, 2016, grants the project team the time necessary to complete development of the revision, verify compatibility of the revision to existing/pending updates in other City plans, launch a public draft, and solicit final edits and approval from the community. Public hearings before the Zoning Commission and City Commission are also required prior to final adoption of the Bozeman Design Standards and these bodies do not have meeting agenda capacity to review documentation until January and February 2017. Contract tasks are expected to be completed by March 20th 2017. If the First Amendment to the PSA is approved by the City Commission, work will continue on this project immediately. UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: The original Agreement contract amount is $36,466. The Commission allocated up to $50,000 to accomplish the guideline update in the FY 2016-2017 budget. The source of the budget resource is the Entryway Overlay Restricted Fund and it is now requested that the City applies a $12,685 portion of the balance of this fund to needs that have become apparent during the course of the project, including those related to coordination with the UDC update process. Report compiled on: November 29, 2016 Attachments: First Amendment to PSA 29 First Amendment to Professional Services Agreement for the Design Objectives Plan Update FY 2016 – FY 2017 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR the Design Objectives Plan Update dated June 30, 2016, (the “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,” Community Design Group, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 30 of the Agreement is extended for an additional approximately two (2) month period from the original period ending the 1st of February 2017. The Agreement shall terminate on March 20, 2017. 2. Payment. Section 4 of the Agreement is extended for an additional $12,685 from the original amount of $36,466 specified in the Scope of Services, not to exceed $49,151. Any alteration or deviation from the services described in the Agreement that involves additional costs above the Agreement amount will be performed by the Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 30 First Amendment to Professional Services Agreement for the Design Objectives Plan Update FY 2016 – FY 2017 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Community Design Group CONTRACTOR By________________________________ By_____________________________ Chris Kukulski, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 31