HomeMy WebLinkAbout06- Winter & Company - Professional Services Agreement for Planning Services
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PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES
This Agreement is made this tf!day of ~ 2006, by and between CITY OF BOZEMAN,
P.O. Box 1230, Bozeman, Montana, a Municip I Corporation of the State of Montana, ("City"),
and Winter & Company, 1265 Yellow Pine Avenue, Boulder, CO 80304 ("Consultant").
RECITALS
A. City desires to employ Consultant to furnish specific services of a professional planning and
community design nature.
B. Consultant agrees to furnish such services in accordance with the conditions herein provided
and will carry out the duties and obligations imposed by the Contract.
C. The City of Bozeman designates the Assistant City Manager as the representative to
administer this contract.
AGREEMENT
Subject to the provisions herein set forth and in consideration of the mutual covenffilts herein
contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services
and products to include; a Design and Connectivity Plan for the N. ih Avenue Corridor in
Bozeman. Such services and products shall be referred to as the Work.
All services described herein are to be performed by Consultant and/or its contractors in
accordance with the most commonly accepted standards and practices of the urban design field.
Consultant will use final product technologies that are acceptable to the City in order to satisfy
the broadest distribution of the document possible.
Article 1. CONTRACT TIME.
The Work will be completed within 120 calendar days after the date of this agreement. The total
time may be adjusted at the mutual written agreement of both City and Consultant.
Article 2. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of
Sixty-Seven Thousand Seven Hundred Thirty Dollars ($67.730) (Budget detail in Attachment
A). OWNER retains the right to a refund contingent upon satisfactory completion of the Work in
accordance with this agreement. The total sum may be adjusted at the mutual written agreement
of both City and Consultant.
Article 3. PAYMENT PROCEDURES.
Not more than 90% (ninety percent) of Payment will be provided by OWNER to
CONTRACTOR upon submittal of monthly invoices. Remaining Payment will be provided by
OWNER to CONTRACTOR upon completion of the entire Work. Payment will not exceed
60% of the contract price prior to delivery of the initial public review draft of the Work.
OWNER retains the right to a refund contingent upon satisfactory completion of the Work in
accordance with this agreement.
Article 4. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
,
4.1 CONSUL T ANT has familiarized himself with the nature and extent of the Contract,
Work, locality, and with all local conditions and federal, state and local laws, growth
policies, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
4.2 CONSUL T ANT 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.
Article 5. SCOPE OF WORK
The Work shall consist of the preparation of the work described in the Scope of Services
contained in Attachment "B". If CITY wishes CONSULTANT to perform additional services,
CITY shall so instruct CONSULTANT in writing. The performance, cost, and time frame of the
additional services shall be subject to mutual written agreement of both City and Consultant.
Article 6. INSURANCE
CONSUL T ANT agrees to keep in force during the entire period of this Agreement professional
liability insurance and such general liability insurance as will protect it and the City from claims,
including claims under worker's compensation and other employee benefit laws that are
applicable, for bodily injury and death, and for property damage that may arise out of work under
this agreement whether directly or indirectly by CONSULTANT, or directly or indirectly by sub-
contractors hired by CONSULTANT. Minimum liability limits shall not be less than $1.0
million general liability and $1.0 million automobile liability. CONSULTANT shall provide
proof of workers compensation insurance at the State statutory limits, unless CONSULTANT
provides an exemption from the State Department of Labor & Industry. The City has the right to
require that the City be named as an additional insured under said insurance coverage.
Article 7. INDEMNITY
CONSUL T ANT shall indemnify, hold harmless and defend the City against any and all claims,
at CONSULTANT S own expense, arising from the furnishing of services provided for in this
contract or caused by the services described in this contract.
Article 8. INDEPENDENT CONTRACTOR
CONSUL T ANT acknowledges that the services rendered under this Agreement shall be solely as
an independent contractor. CONSULTANT shall not enter into any contract or commitment on
behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or
subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly
understood that this undertaking is not a joint venture.
Article 9. GRANT / WORK MADE FOR HIRE
To the extent that CONSULTANT'S Work includes any work of authorship entitled to
protection under the copyright laws of the United States or elsewhere, the parties agree that:
CONSULT ANT'S Work has been specially ordered and commissioned by the City as a
contribution to a collective work, a supplemental work, or sueh other category of work as may be
eligible for treatment as a "work made for hire"; CONSULTANT is an independent contractor
and not an employee, partner, joint author or joint venturer of the CITY; CONSULT ANT'S
Work shall be deemed to be a "commissioned work" and a "work made for hire" to the greatest
extent possible under the law; and the CITY shall have the right to use, execute, reproduce,
display, perform, distribute internally or externally, and prepare derivative works of the
CONSUL T ANT'S Work.
To the extent that CONSULTANT'S work is not properly characterized as a "work made for
hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the
right and license to use, execute, reproduce, display, perform, distribute internally or externally,
and prepare derivative works based upon all such works and derivative works thereof and shall
provide to the CITY a written license granting the CITY such rights. It is the intent of the parties
that the specific work subject to said license shall be comprised of text, illustrations,
photographs, and all other works Consultant copies that may belong to third parties for which
license for use is required.
Article 10. OFFICE RULES
CONSUL T ANT shall comply with all office rules and regulations, including security
requirements, when on City premises.
Article 11. CONFLICT OF INTEREST
CONSUL T ANT shall not offer or give a gratuity of any type to any City employee or agent.
Article 12. GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of
Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to
attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County,
18th Judicial District.
Article 13. ENTIRE AGREEMENT AND NOTICE
This Agreement contains the entire understanding of the parties and may not be amended without
the specific written consent of both parties. Any notice given under this Agreement shall be
sufficient if it is in writing and if sent by certified or registered mail.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and
year first above written.
CONSULTANT
B~fi.@;t6
Note Winter, President
By:
Ron Brey, Assistant
ATTEST:
Robin L. Sullivan, Clerk of
Commission
@: / ~~
Design & Connectivity Plan for North Seventh Avenue
January 18,2006 Attachment A
Step 1
In this step, the consultant team will conduct start-up sessions with
staff and the committee, review background materials and distribute
community questionnaire.
Task 1.1 Start-up session with Corridor Committee
Winter & Company will meet with the committee to refine the project
scope, project schedule and public participation plan. The agenda
will include the following items:
. Confirm project scope, project schedule
. Confirm public participation plan
. Discuss current issues
. Winter & Company team responsibilities:
- Refine scope
- Project Management
- Enhance public participation: distribute questionnaire
. City staff responsibilities:
- Provide digital DWG formatted background map of the study area.
This map should show the existing building footprints, parcel/lot
lines, curb line, and parking areas that adjoin the study area. A cur
rent digital aerial may substitute.
Task 1.2 Background Assessment
Consultant team members will review existing planning documents,
codes, and transportation plans to establish a baseline of informa-
tion.
. Winter & Company team responsibilities:
- Review Materials
- Project Management
- Team Conference Call
. City staff responsibilities:
- Provide background planning documents to team:
Blight Study, Transportation & Circulation Plans, 2020 Community
Plan and Downtown Master Plan
Winter [7' Company 1
Design & Connectivity Plan for North Seventh Avenue
Step 2
In this step, the consultant team will conduct two community work-
shops, meetings with city staff, neighborhoods and community
stakeholders. We will convene in Bozeman on two separate occasions
to more fully investigate the opportunities and constraints along the
corridor and develop design components of the plan. Two reports
will be submitted; one will summarize the opportunities & constraints
along the corridor and the other will present design alternatives for
the corridor.
Task 2.1 On- Site Community Workshop #1
The goal of this workshop is to solicit public input regarding the
design framework for the corridor. We will also present community
input received to date.
Workshop format:
Workshop exercises will be created to identify desired design char-
acter and enhanced connectivity for the corridor. The workshop will
include a sequence of exercises that allows participants to express
ideas and concerns individually and will also include group exer-
cises, which allow people to work together to address specific issues
and work toward consensus. Each work group will report back to
the larger audience, which allows all participants to hear first hand
why specific corridor enhancements are considered important and
which components of new development are valued. As part of the
workshop, Winter & Company will compile images of enhanced
corridors that may exhibit similar desirable character that respond
to issues identified by the committee.
. Winter & Company team responsibilities:
- Conduct community design charrette.
- Provide digital workshop materials to the city in a timely manner.
This will include presentation materials such as worksheets and
mapping.
- Provide a summary of the workshop that includes an illustrative cor-
ridordesign framework. This will be provided in a digital format that
can be distributed for public review and comment. This summary
will be integrated into the plan report.
- Meet with Corridor Committee & DRB in a joint session.
- Submit design opportunities & report.
- Conduct stakeholder interviews as needed.
Winter & Company 2
.
Design & Connectivity Plan for North Seventh Avenue
. City staff/ Committee responsibilities:
- Provide public notification.
- Provide public meeting space (i.e., meeting rooms, refreshments,
room arrangement), and cover costs associated with the procure-
ment of this space. Participate in community workshop.
- Provide copies and print oversize document materials as provided
digitally by Winter & Company.
- Distribute public materials.
- Arrange stakeholder and/or other meetings.
Task 2.2 On-Site Team Design Charrette & Community
Workshop #2
The Winter & Company team will work on-site to develop design
concepts, circulation, gateway identification and streets cape
elements that respond to information gathered during the first public
workshop. The corridor committee will be invited at a specific time
during the day (to informally drop in to provide input). A second
community workshop will be held during the evening to discuss the
design concepts and provide input. This workshop will also provide
participants an opportunity to express ideas and concerns.
. Winter & Company team responsibilities:
~ Conduct public workshop.
- Provide digital workshop materials to the city in a timely manner.
This will include presentation materials such as worksheets and
mappmg.
- Provide a summary of the workshop that includes a conceptual
design framework illustrative for the corridor. We will provide a
palette of intersection design improvements and wayfinding. These
may also include gateway and streetscape improvements for the
corridor. This summary will be integrated into the plan report.
. City staff responsibilities:
- Provide public notification.
- Provide public meeting space (i.e., meeting rooms, refreshments,
room arrangement), and cover costs associated with the procure-
ment of this space. Participate in design charrette & community
workshop.
- Provide copies and print oversize document materials as provided
digitally by Winter & Company.
- Distribute public materials.
- Arrange stakeholder and/or other meetings.
- Review and comment on materials.
Winter & Company 3
. ,
Design ("7' Connectivity Plan for North Seventh Avenue
Step 3
In this step, the consultant team will develop the Design and Con-
nectivity Plan for North 7th Avenue and present this to the public in
a workshop setting. We will also present the document to the city
commission.
Task 3.1 Draft Development
Winter & Company will develop Draft #1 of the Design and Con-
nectivity Plan for North 7th Avenue and present this to the public in
a workshop setting. This report will include: text, implementation/
funding sources, refined streetscape design concepts and illustra~
tions depicting pedestrian crossings, street sections, gateway and
public plaza concepts as well as links to neighborhoods, downtown
and campus.
. Winter & Company Team responsibilities:
- Provide Draft #Ia materials to the city in a timely manner.
- Review Draft #la in a conference call with corridor committee &
city staff. Edit draft per comments.
- Submit and present Draft #Ib in community workshop.
- Present Draft #Ib in a PPT show to the City & Zoning Commis~
slon.
. City staff responsibilities:
- Provide copies and print document materials as provided digitally
by Winter & Company.
- Distribute Draft #1 materials.
- Review Draft #1 materials and submit compiled comments.
~ Post for Public Comment.
Task 3.2 Final Report
Winter & Company will submit the Final Report. We will refine the
document based on public input from the presentation of Draft # 1 b
and staff comments.
. Winter & Company Team responsibilities:
- Submit final document to the city in a timely manner.
- Present Final Draft in a PPT show to the City & Zoning Commis-
SIon.
- Provide technical edits.
. City staff responsibilities:
- Provide copies and print document materials as provided digitally
by Winter & Company.
- Review final report and submit technical edits. The focus of this
review should be more technical than content at this stage of thc
report.
- Distribute final report.
Winter & Company 4
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10. To improve the pedestrian circulation system, the final PUD plan shall depict a
sidewalk connection near the utility shed and concrete pavers where the pedestrian
circulation system is interrupted by the parking lot.
11. Regarding the Development Guidelines:
(a) Additional clarification, in the form of a diagram, shall be provided for
where the main building entrances should front;
(b) Additional language shall be provided in the Development
Guidelines specifically stating that all mechanical, electrical, HVAC,
utility services, and landscape irrigation systems (Le., irrigation wells,
pumps, etc.) will be properly screened with an architectural or
landscape opaque screening device;
(c) A paragraph addressing roof types and materials shall be added to
the Development Guidelines;
(d) Page 85 shall be revised to eliminate the reference to chain-link
fencing;
(e) The sign plan must allocate a specific amount of square footage,
based on the requirements of the Bozeman Municipal Code for each
tenant space or building and clarify that no internally illuminated
signs will be permitted;
(f) The role and structure of the "Northside Design Review Committee"
must be clearly identified in the beginning of the Development
Guidelines along with the statement that: "All subsequent
development review applications must receive approval from the
Committee prior to submitting the application to the City."
12. All code provisions shall be met, in particular, the following:
(a) Per Section 18,34.1 OO,C,1, the right to a use and occupancy permit
shall be contingent upon the fulfillment of all general and special
conditions imposed by the conditional use permit procedure,
(b) Per Section 18.34.100.C.2, all of the special conditions shall
constitute restrictions running with the land use, shall apply and be
adhered to by the owner of the land, his successors or assigns, shall
be binding upon the owner of the land, his successors or assigns.
shall be consented to in writing, and shall be recorded as such with
the County Clerk and Recorder's Office by the property owner prior
to the issuance of any building permits, final site plan approval, or
commencement of the conditional use.
(c) Section 18,36.060 requires that within one (1) year following the
approval of a preliminary plan, the applicant shall file with the
Planning Department a final plan. The applicant must undertake and
complete the development of an approved final plan within two years
from the time of final plan approval. For the purposes of this section,
a development is substantially complete once all engineering
improvements (water, sewer, streets, curbs, gutter, street lights, fire
hydrants, and storm drainage) are installed and completed in
accordance with City rules and regulations. Extensions may be
granted as stated in the UDO. The timing of all extensions of final
plan approval shall be coordinated with the approval period
established for any subdivision plat approval that is part of the PUD
so that any expiration dates are consistent. The final PUD plan
must be submitted and approved prior to additional site work.
12-19-05
- 24-
(d) Section 18.38.050.F requires all mechanical equipment to be
screened. Rooftop equipment should be incorporated into the roof
form and ground mounted equipment shall be screened with walls,
fencing or plant materials.
(e) Sections 18.42.150 requires a lighting plan for all on-site lighting
including wall-mounted lights on the building must be included in the
final site plan submittal. Lighting cut-sheets shall be provided with
the final PUD plan.
(f) Section 18.42.170 requires the trash receptacles to be appropriately
sized and located for the specific as approved by the City Sanitation
Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved
trash enclosure. A copy of the site plan, indicating the location of the
trash enclosures, dimensions of the receptacles and enclosures and
details of the materials used, shall be sent to and approved by the
City Sanitation ~ivision (phone: 586-3258) prior to final site plan
approval. Page 35 shall be revised to specify who will be
responsible for trash removal.
(g) Section 18.46.040.0 states that disabled accessible spaces shall be
located as near as practical to a primary entrance. Parking spaces
and access aisles shall be level with slopes not exceeding 1 :50 in all
directions. Raised signs shall be located at a distance no greater
than five feet from the front of each accessible space and shall state
"Permit Required $100 Fine." At least one (1) of the disabled
accessible spaces shall also be signed "Van Accessible" and must
be eight (8) feet wide with an eight (8) foot wide striped unloading
aisle/ramp.
(h) Section 18.46.040.E states that all developments shall provide
adequate bicycle parking facilities to accommodate employees and
customers. The location and details for the bike rack shall be
provided in the final site plan,
(i) Section 18.48.060 "Landscape Performance Standards" requires 23
landscape points for projects with "residential adjacency" as defined
in Section 18.80.1730. The final landscape plan shall be signed and
certified by a landscape professional as outlined in Section
18.78.100.
(j) Cash-in-Iieu of open space is subject to the provisions of Section
18.50.030.
(k) Chapter 18.52 requires a comprehensive signage plan and the
review and approval of all individual sign permit applications prior to
the sign construction and installation.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
Discussion - FYI Items (continued)
(12) Assistant City Manager Ron Brey reminded the Commissioners that last spring, a group of
business owners along North 7th Avenue requested $50,000 in economic development monies for a plan
for improvements to that corridor, and that request was approved along with tentative approval of up to
$200,000 as matching monies for implementation of that plan. He stated that the consultant selection
process has been completed, and Winter and Associates has been selected to complete the work. That
12-19-05
- 25-
proposal is in the amount of $56,000 and, with additional trips and public participation desired, that cost
could rise to $65,000. He asked if the Commissioners would be willing to consider funding the additional
amount from the same source; all of the Commissioners indicated a willingness to do so.
Adiournment - 9:15 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
ANDREW L. CETRARO, Mayor
ATTEST:
ROBIN L. SULLIVAN
City Clerk
12-19-05