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HomeMy WebLinkAbout18- Professional Services Agreement (Downtown Bozeman Partnership) - Agency Landscape + Planning - 2018 Downtown Bozeman Improvement Plan Update COWPLETE D 2018 DOWNTOWN BOZEMAN IMPROVEMENT PLAN UPDATE PROFESSIONAL SERVICES AGREEMENT This agreement is made and entered into this 15th day of June 2018, by and between the Downtown Bozeman Partnership, a limited liability corporation organized and existing under the laws of the State of Montana, with a mailing address of 222 East Main Street #302, Bozeman, MT 59715, hereinafter referred to as "Partnership," and, Agency Landscape + Planning with a mailing address of 45 Lawn Street, Cambridge, MA 02138, hereinafter referred to as "Design Professional." 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: Partnership agrees to enter this Agreement with Design Professional to perform for Partnership 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 and will terminate no later than December 31, 2018. 3. Scope of Services: Design Professional will perform the work and provide the deliverables in accordance with the requirements of the attached Scope of Services (the "Work Product"). For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: Partnership agrees to pay Design Professional the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Design Professional after written request by the Partnership and will become an additional charge over and above the amount listed in the Scope of Services. The Partnership must agree in writing upon any additional charges. 5. Design Professional's Representations: To induce Partnership to enter into this Agreement, Design Professional makes the following representations: a. Design Professional 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. Design Professional represents and warrants to Partnership 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 Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris(o)-downtownbozeman.org J VJ1 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 Partnership will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Design Professional Status/Labor Relations: The parties agree that Design Professional is an independent Design Professional for purposes of this Agreement. Design Professional is not subject to the terms and provisions of the Partnership's or the City's personnel policies handbook and may not be considered a Partnership or City employee for workers' compensation or any other purpose. Design Professional is not authorized to represent the Partnership or the City or otherwise bind the Partnership or the City in any dealings between Design Professional and any third parties. Design Professional 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. Design Professional shall maintain workers' compensation coverage for all members and employees of Design Professional's business, except for those members who are exempted by law. Design Professional shall furnish the Partnership 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 Design Professionals. Design Professional shall indemnify, defend, and hold the Partnership and the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Design Professional agrees to release, defend, indemnify, and hold harmless the Partnership and the City, their agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the Partnership and the City, respectively) 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 Partnership or 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 Design Professional; (ii) any negligent, reckless, or intentional misconduct of any of the Design Professional's agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party. For the professional services rendered, to the fullest extent permitted by law, Design Professional agrees to indemnify and hold the Partnership and the City harmless against claims, Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris(aD-downtownbozeman.org demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Design Professional or Design Professional'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). Design Professional's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by Partnership. Should any indemnitee described herein be required to bring an action against the Design Professional to assert its right to defense or indemnification under this Agreement or under the Design Professional'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 Design Professional was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against Partnership or the City resulting from the Partnership's performance under this Agreement, the Partnership and the City may elect to represent themselves and incur all costs and expenses of suit. Design Professional also waives any and all claims and recourse against the Partnership and the City, 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, Design Professional shall at Design Professional'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 Design Professional in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Design Professional 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 Partnership without limit and without regard to the cause therefore and which is acceptable to the Partnership and Design Professional shall furnish to the Partnership 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; Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris _downtownbozeman.org Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; Professional Liability - $1 ,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The Partnership and the City shall be endorsed as additional or named insureds 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 Partnership and the City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. Design Professional shall notify Partnership within two (2) business days of Design Professional's receipt of notice that any required insurance coverage will be terminated or Design Professional's decision to terminate any required insurance coverage for any reason. The Partnership and the City must approve all insurance coverage and endorsements prior to the Design Professional commencing work. 8. Termination for Design Professional's Fault: If Design Professional 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 Partnership may, by written notice, terminate this Agreement and the Design Professional's right to proceed with all or any part of the work ("Termination Notice Due to Design Professional's Fault"). The Partnership 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. In the event of a termination pursuant to this Section 8, Design Professional shall be entitled to payment only for those services Design Professional actually rendered. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the Partnership may be entitled under the law or at equity. In the event of termination under this Section 8, Design Professional 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 Partnership's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the Partnership, make it advisable to the Partnership to cease performance under this Agreement Partnership may terminate this Agreement by written notice to Design Professional ("Notice of Termination for Partnership's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for Partnership's Convenience and shall be without prejudice to any claims that the Partnership may otherwise have against Design Professional. b. Upon receipt of the Notice of Termination for Partnership's Convenience, unless otherwise directed in the Notice, the Design Professional shall immediately cease performance under 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 Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris(o-)-downtownbozeman.org Partnership. Design Professional 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 9, Design Professional is entitled to payment only for those services Design Professional actually rendered on or before the receipt of the Notice of Termination for Partnership's Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Design Professional for its performance of this Agreement. Design Professional 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 Design Professional's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Design Professional under this Agreement, Design Professional's damages shall be limited to contract damages and Design Professional 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 Design Professional wants to assert a claim for damages of any kind or nature, Design Professional shall provide Partnership 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 thirty (30) days of the facts and circumstances giving rise to the claim. In the event Design Professional fails to provide such notice, Design Professional shall waive all rights to assert such claim. 11. Representatives: a. Partnership's Representative: The Partnership's Representative for the purpose of this Agreement shall be Chris Naumann, Downtown Bozeman Partnership executive director, or such other individual as Partnership shall designate in writing. Whenever approval or authorization from or communication or submission to Partnership is required by this Agreement, such communication or submission shall be directed to Chris Naumann as the Partnership's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when Partnership's Representative is not available, Design Professional may direct its communication or submission to other designated Partnership personnel or agents as listed above and may receive approvals or authorization from such persons. b. Design Professional's Representative: The Design Professional's Representative for the purpose of this Agreement shall be Brie Hensold or such other individual as Design Professional shall designate in writing. Whenever direction to or communication with Design Professional is required by this Agreement, such direction or communication shall be directed to Design Professional's Representative; provided, however, that in exigent circumstances when Design Professional's Representative is not available, Partnership may direct its direction or communication to other designated Design Professional personnel or agents. Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris _downtownbozeman.org 12. Permits: Design Professional shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Design Professional 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 Design Professional agrees that all hiring by Design Professional of persons performing this Agreement shall be on the basis of merit and qualifications. The Design Professional will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Design Professional 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 Design Professional 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 Design Professional shall require these nondiscrimination terms of its sub-Design Professionals providing services under this agreement. 15. Intoxicants, DOT Drug and Alcohol Regulations/Safety and Training: Design Professional 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 Partnership under this Agreement while on Partnership property or in the performance of any activities under this Agreement. Design Professional 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. Partnership shall have the right to request proof of such compliance and Design Professional shall be obligated to furnish such proof. The Design Professional shall be responsible for instructing and training the Design Professional's employees and agents in proper and specified work methods and procedures. The Design Professional shall provide continuous inspection and supervision of the work performed. The Design Professional 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 Design Professional may not subcontract or assign Design Professional's rights, including the right to compensation Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris(aD-downtownbozeman.org or duties arising hereunder, without the prior written consent of Partnership. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Design Professional agrees to develop and/or provide documentation as requested by the Partnership demonstrating Design Professional's compliance with the requirements of this Agreement. Design Professional shall allow the Partnership, its auditors, and other persons authorized by the Partnership to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Design Professional pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Design Professional shall not issue any statements, releases or information for public dissemination without prior approval of the Partnership. 18. Ownership of Work Product: To the extent permissible under applicable law, Work Product will be considered work made for hire pursuant to the U.S. Copyright Act, 17 U.S.C. §§ 101 et seq. To the extent the Work Product does not qualify under applicable law as a "work made for hire," Design Professional hereby assigns to City all Design Professional's ownership, right, title, and interest in and to any and all copyrights in the Work Product. To the extent the foregoing does not provide City with full ownership, right, title, and interest in and to the Work Product, Design Professional hereby grants City a perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, created derivative works from, distribute, publicly display, publicly perform, and use the Work Product, with the right to sublicense each such right. Design Professional agrees to reasonably assist City in obtaining and enforcing copyrights in the Work Product, at City's expense. 19. 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. 20. 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 entitled to reasonable attorney's fees and costs. 21. Taxes: Design Professional is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris(cD-downtownbozeman.org 23. Survival: Design Professional's indemnification obligations under this Agreement and the rights granted under Section 18, Ownership of Work Product, shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. 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. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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, except as otherwise specifically provided in this Section 28. The Parties intend City of Bozeman ("City") to be a third party beneficiary of this Agreement. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. 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. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than December 31, 2019. * * * END OF AGREEMENT EXCEPT FOR SIGNATURES Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris -downtownbozeman.org PARTNERSHIP SIGNATURE 6-15-18 Chris Naumann Date Executive Director Downtown Bozeman Partnership DESIGN PROFESSIONAL SIGNATURE 6-15-18 Brie Hensold Date Principal Agency Landscape + Planning Downtown Bozeman Partnership 222 East Main #302 Bozeman MT 59715 406-586-4008 www.downtownbozeman.org/plan chris aa�,downtownbozeman.org June 13,2018 Re: Downtown Bozeman Improvement Plan Scope, Schedule and Fee Agency Project Number:AG1822 Phase 1: Discover (mid June to mid July 2018, 4 weeks) The Agency team and the Downtown Bozeman Partnership(DBP)aspire to create a visionary and actionable plan that builds on and provides an update to the 2009 Downtown Bozeman Improvement Plan.As a first step, the team will work with the DBP to align the scope with client expectations and goals.Together we will establish communication protocols,finalize the schedule,and develop a strategy for community and stakeholder engagement.We will begin bi-weekly progress conference calls with the DBP project manager. r 1.1 BACKGROUND RESEARCH AND ANALYSIS Q fD � The team will research, map and describe downtown's history and development pattern, land uses,character, and cultural and economic assets.We will review and synthesize findings from relevant past and ongoing m plans,with a focus on reviewing the 2009 Plan for areas in need of updating or revisiting.The Agency team will + complete a review of relevant planning and community development documents, based on a list of documents '0 v provided by the client team.The document review will result in an understanding of current and recent projects in and around downtown,demographics, regulatory context, market considerations,and orQ environmental considerations. Our local team will conduct site reconnaissance to confirm information.This work will reveal patterns,themes, opportunities and challenges.We will summarize the findings in a presentation. Deliverables: Data Request List Market Demand Update Draft Discovery and Analysis Presentation Meetings: Project management conference calls(at least every other month) Initial site visit/client leadership kick-off discussion(July 3 and 10 as available) Phase 2: Engage (ongoing throughout duration of the project) We will develop a creative engagement strategy that targets the many groups that reside,work,visit and love r Downtown Bozeman.We will work with DBP to identify venues and to get the word out for events and outreach = opportunities. T p v N � o The outreach effort will include the following methods: w 2.1 DIGITAL PLATFORMS-online outreach is accessible anytime,anywhere. We will work with the DBP staff to develop content for the plan webpage, hosted on the downtown bozeman.org site,to describe the plan and share milestones through a WordPress platform.We will also support DBP efforts to promote the plan on social media by providing imagery and plan soundbites that can be used on existing downtown social media channels.The webpage will be launched at the beginning of the process and updated through Phase 5. 2. 2 SITE TOUR WITH COMMUNITY LEADERS-we will invite community leaders as we tour the area,observing and recording strengths,issues and opportunities.This will be an opportunity to reveal "hidden"assets of downtown and is a chance for the team to listen and learn,as well as share information and reveal places to the community. 2. 3 INPUT SESSIONS - meetings for individuals, businesses and organizations to provide input to the plan.We will facilitate six to eight sessions with key stakeholders.We recommend organizing sessions by theme to allow crossover among people from different perspectives. 2.4 ADVISORY COMMITTEE MEETINGS We will facilitate two in person sessions with a larger group who will act as the Advisory Committee,and one follow up meeting via WebEx. 2. 5 COMMUNITY WORKSHOPS During a week-long collaborative engagement session(Task 3.1),two milestones will occur:first,to gather perspectives on needs and early ideas;and second,to return to the community to show them how their input r— > has been incorporated into ideas. Unlike typical public meetings,these events will be designed to create Q:3) SD interactive discussions that celebrate ideas,creativity and dialogue. Meetings can be held at different times in N n various venues to attract broader participation.The Agency team will be responsible to developing content for nni `< the meeting presentations and engagement sessions.The client group will support by securing the meeting m locations and managing logistics.Additionally,an informal community update may be added during early July, + if it can be coordinated with other visits. -O 2.6 LOCAL EVENTS AND PUBLIC MEETINGS The team will seek to use existing local events to bring outreach questions to the community at events like Bozeman's Crazy Days, Music on Main,farmer's markets,or library events.We will work with the client to identify opportunities to align the major engagement visit with Bozeman's community calendar;these events will be accommodated within that trip. If additional events are desired at other times,the team will work with the client to provide a"public meeting kit"of materials,questions and support to the client group to use at the event. Local events may also be designed and combined with 2.5 to serve as a more effective public meeting setting. Deliverables: Community engagement strategy and schedule Project webpage Content for inclusion in social media and web platforms Synthesis of feedback Meetings: 2 community workshops during engagement week; potential additional meeting during Trip#2 6 small group input sessions 3 a 1 site walk with local leaders K ? v 3 Advisory Committee meetings(2 in person during engagement week;1 remote via WebEx) ro Engagement at local events; Early Public Info Session/Announcement(coincident with existing 2� z@ s� n trips) 6 = W w Phase 3: Ideate (mid July to mid August 2018, 4 weeks) Phase 3 will be based around a collaborative,week-long series of work sessions and engagement events to generate ideas and test them with stakeholders efficiently and interactively. Ideas will build from Phase 1 findings, stakeholder/community feedback,tour observations and design team recommendations.Over the course of the week,we will develop a compelling,cohesive vision for Downtown and begin to lay out preliminary strategies,which will then be further developed and refined into a draft plan.The week-long series of events will be designed to generate excitement and learn which ideas have support among leadership and the community. TASK 3.1: WEEK-LONG COLLABORATIVE ENGAGEMENT SESSIONS Based on the strategy described in the RFP,we will facilitate a week-long immersive workshop, including 5 business days in Bozeman.The workshop will explore alternative future land uses and urban form,set updated market demand expectations, public realm projects, infrastructure needs,funding methods(including public private partnerships),and policy changes.We will present a range of options that enable the advisory committee to be both aspirational and realistic.The goal of this session will be to formalize preliminary goals, objectives and strategies that will guide Downtown for the next ten years.We will refine the schedule with the client, but expect it will include,at minimum,the following key elements(see Phase 3 for more information on each idea): Site tour with Downtown leadership(Day 1)-explore Downtown,with a focus on its edges, key development sites,successful recent projects,and major infrastructure/public realm opportunities. Community Workshop#1 (Day 2)-public meeting to introduce the project;discuss goals, opportunities,challenges,and early ideas;and gather information and perspectives from the r— > community. Team Work Session#1(Day 2)-half-day work session with the advisory committee to develop N goals,opportunity sites,discuss boundaries and district relationships,and surface preliminary 0 ideas. coo Community Workshop#2(Day 4)- informal public session to review ideas that have arisen + during the week,engaging the community in interactive generation of new ideas. "v Team Work Session#2(Day 3)-half-day work session with the advisory committee or small project management team to discuss community feedback, brainstorm"big ideas," key needs 2. and solutions. UG Team Work Session#3/Wrap-up meeting(Day 5)-half-day work session with the advisory committee to develop and review the draft vision and establish next steps for further development. 3.2: FRAMEWORK SUMMARY After the workshop week,we will prepare a draft framework vision,summarized in presentation format,that describes outcomes from Phases 1,2 and 3 and outlines the preliminary framework.The draft framework summary presentation will include the following: Summary of stakeholder sessions and outreach efforts Summary of relevant plan and policy review Existing and projected physical,cultural,economic and environmental characteristics Opportunities and challenges of the downtown today and over the next ten years Guiding Principles, based on community feedback Preliminary vision and framework for the downtown including urban design, land use and landscape opportunities = Potential projects, programs and policies v m Deliverables: n= 9 n Project webpage updates oa w - Draft framework summary presentation Framework summary of ideas Meetings: Agency trip#1 (3-4 team members travel to develop the plan and have a week of engagement and workshops over 5 business days) Bi-weekly coordination calls Phase 4: Refine and Revise (August to September 2018, 4 weeks) In Phase 4,Agency will refine the vision,goals,objectives and strategies from the draft plan review in Phase 3. 4.1 PLAN DEVELOPMENT The team will add depth to key recommendations including catalytic development sites,streetscape improvements and multi-modal changes, public realm improvements, implementation strategies and policy recommendations.We will develop illustrations and use 3-D graphics to visualize and explore density scenarios, important urban design considerations and sense of place.This phase will translate the vision and objectives into a series of implementable near and long-term actions.The revised plan will include recommendations for: Changes to current regulations and policies Urban design, infrastructure, public spaces Implementation strategies and timeline,with a focus on the critical`next steps'to be initiated and/or accomplished in the next 3 years 4.2 REVISED PLAN PRESENTATIONS r a=)$ m The team will prepare an updated presentation of the revised draft framework plan to share with the QM Downtown Partnership boards,City Commission and general public.The plan will be refined based on `� feedback from the greater Bozeman community at the end of this phase. m + Deliverables: Plan drawing updates Revised draft framework plan presentation Project webpage updates Content for inclusion in social media and web platforms Meetings: Bi-weekly project coordination calls Agency trip#2(1 team member will travel to present the revised plan over up to 2 days) Phase 5: Action Plan and Final Documents (September to October 2018, 4 weeks) The final phase will focus on creation of the 2018 Downtown Improvement Plan document, including action- oriented strategies,guidance on near and long-term implementation, partnerships,and potential funding sources. 5. 1 FINAL DOCUMENTATION We will document the plan ideas, process and implementation steps into a succinct and highly visual t. m� executive summary document that can be used to generate excitement for the plan and guide subsequent n - decision making.The graphic executive summary will be accompanied by additional back-up and action plan � K A 9 m in a"white paper"format.A concise, highly visual executive summary brochure,coupled with a detailed "white N O O a paper"as back-up,can go a long way to generate excitement for plan ideas,support fund-raising and build a constituency for long-term implementation. The executive summary document and action plan will be provided to the client for two rounds of review:1) review of the draft plan and 2) review of the revised final draft.Client edits should be provided in one consolidated set of comments to minimize conflict among reviewers. 5. 2 FINAL PLAN PRESENTATION Once compiled,we will create a summary presentation(PDF or PPT format)of the final 2018 Downtown Bozeman Improvement Plan.This presentation document can be used for presentations to the advisory committee, Downtown Partnership boards,City Commission and Bozeman community. Unless it is possible to coordinate these presentations with another trip by Agency,this task will be performed by our local partners or the client team. Deliverables: Draft and final plan document and summary presentation slides, in compliance with ADA Project webpage updates Content for inclusion in social media and web platforms Meetings: Bi-weekly project coordination calls Final presentation(performed by local partners or client team) Professional Compensation m LABOR FEE Q = vAgency will complete the Scope of Services described above on a fixed fee basis of$80,000(eighty thousand dollars). Expenses are included in the compensation. CD v INVOICING AND PAYMENTS v =3 Agency will invoice the Downtown Bozeman Partnership monthly on a percentage-complete basis for services o completed. vc n� a K � h r lA It W