HomeMy WebLinkAbout09-10-18 City Commission Packet Materials - C10. Amendment to PSA with KLJ Engineering for East Tamarack Street
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Amendment to Professional Services Agreement with KLJ Engineering for
Engineering Services in the Northeast Urban Renewal District for the
completion of the construction management and oversight for the
reconstruction of East Tamarack Street.
MEETING DATE: September 10, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign an amendment to Professional Services
Agreement with KLJ Engineering for engineering services in the Northeast
Urban Renewal District for the completion of the construction
management and oversight for the reconstruction of East Tamarack Street.
BACKGROUND:
In the early summer of 2015, after a request for qualifications and selection process, the
Northeast Urban Renewal District Board (the “Board”) selected KLJ Engineers as the preferred firm to
work with, and assist the Board in prioritizing, planning and executing on multiple projects within the
District.
On August 4, 2015 the Northeast Urban Renewal voted unanimously to recommend to the City
Commission to authorize the City Manager to sign a professional services agreement with KLJ
Engineering for engineering services in the Northeast Urban Renewal District for a term of three years.
(Attachments 1 and 2) The contract was approved by the Commission.
In 2017, well into the three-year term contract with KLJ, the Board recommended, and the
Commission authorized, the bonding of the District in the amount of approximately $1.4 million dollars
to complete as many authorized projects as possible. The Commission approved the following projects
to be funded by bond proceeds:
• Reconstruction of East Peach Street;
• Reconstruction of East Tamarack Street;
• Reconstruction of North Ida Avenue;
• Reconstruction of Front Street; and
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• Construction of a Pedestrian Bridge across Bozeman Creek.
The East Peach Street project was completed in spring, 2018 and the Tamarack Street
reconstruction project is underway. It is likely that the bond will be mostly, or completely, drawn down
at the conclusion of the East Tamarack Street reconstruction project. The project, however, was barely
underway as the expiration of the KLJ term contract came around in August, 2018. It is in the best
interest of the residents, the District and the City to maintain continuity and consistency with the street
design, construction, inspection and handover to the City. Therefore, staff is requesting an amendment
to extend the KLG contract until the completion of the East Tamarack Street reconstruction project. The
Urban Renewal District Manager, David Fine, is in the process of soliciting proposals for comprehensive
engineering and other services in the City’s urban renewal and technology districts.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: The contract terms are based on time and materials and identify a cost not to
exceed $125,000 to complete the construction management of the East Tamarack project. The
construction management portion of the contract includes oversight on the construction, or
reconstruction, of the street surface and subgrade, curbs, gutters and sidewalks where necessary, as
well as portions of sanitary sewer, stormwater improvements and fiber optic conduit installation. A
portion of the administrative and oversight cost will be borne by sewer and stormwater funds
proportional to the services provided by KLJ. The Board budgeted the required funds to cover the costs
of managing the street and conduit improvements.
ATTACHMENTS:
1) City Commission Packet Material August 17, 2018;
2) KLJ Engineering Term Contract with the NURD;
3) Amendment to the KLJ Engineering Term Contract with the NURD; and
4) Exhibit A to the Amendment to the KLJ Engineering Term Contract with the NURD.
Report compiled on Thursday, August 30, 2018.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Professional Services Agreement with KLJ Engineering for Engineering
Services in the Northeast Urban Renewal District for a Term of Three
Years MEETING DATE: August 17, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to Sign a Professional Services
Agreement with KLJ Engineering for Engineering Services in the Northeast Urban Renewal
District for a Term of Three Years
BACKGROUND: In the early summer of 2015, after a request for qualifications and selection process, the
Northeast Urban Renewal District Board selected KLJ Engineers as the preferred firm to work
with and assist the Board in prioritizing, planning and executing on multiple projects within the
District.
On August 4, 2015 at its regularly scheduled meeting, the Northeast Urban Renewal
voted unanimously to recommend to the City Commission to authorize the City Manager to sign
a professional services agreement with KLJ Engineering for engineering services in the
Northeast Urban Renewal District for a term of three years. (Attachment 1)
UNRESOLVED ISSUES:
None at this time.
ALTERNATIVES
As directed by the Commission.
FISCAL EFFECTS
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The District presented its FY16 Budget to the Commission June 1, 2015. The budget was
approved through the regular budget process. (Attachment 2)
ATTACHMENTS: 1) Professional Services Agreement with KLJ Engineering for Engineering Services in the
Northeast Urban Renewal District for a Term of Three Years; and
2) Northeast Urban Renewal District FY 16 Budget.
Report prepared on August 6, 2015
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Northeast Urban Renewal Board FY 16 Work Plan and Budget
DATE: June 1, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION:
Review the attached materials, listen to the Board presentation, ask questions and provide
direction on the proposed FY 16 Northeast Urban Renewal Board (NURB) Work Plan and Budget. (EXHIBITS 1 - 4) If approved by the City Commission, the NURB FY 16 Work Plan
and Budget Proposal will be adopted as part of the City of Bozeman’s FY16 Budget.
BACKGROUND:
On May 5, 2015 the Northeast Urban Renewal Board unanimously approved the attached
FY16 work plan and budget. The total amount of budgeted money for FY 16 is $501,800
(including carry over from previous years and not including the undesignated reserve).
FY 16 Proposed Budget Summary:
Priority I $ 95,000
Priority II $ 243,002
Priority III $ 40,000 Staff time $ 10,000
Noticing and
Administrative
Services $ 33,000
Undesignated Reserve $ 80,798
Budget Total $ 501,800
The NURB proposes a work plan and budget and submits a report on an annual basis per
Section 7-15-4237 of the 2009 Montana Code Annotated (MCA):
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(1) An agency authorized to transact business and exercise
powers under this part and part 43 shall file with the local
governing body, on or before September 30 of each year, a
report of its activities for the preceding fiscal year. (2) The report shall include a complete financial statement
setting forth its assets, liabilities, income, and operating
expenses as of the end of the fiscal year.
UNRESOLVED ISSUES: State-wide Reappraisal of Property Values
In November the City received preliminary data for the property reappraisal that the State
of Montana is conducting and implementing for our FY16 fiscal year (2015 tax year). We will not receive the final Certified Taxable Values until July 2015; this necessitates using the preliminary information for a calculation of property tax levies in our budget.
The State has projected a dramatic decrease in assessed values for both commercial (19.25% decrease) and residential (3.52% decrease) property in Bozeman. They attribute this change to the timing of appraisal cycles and the Great Recession. Under existing laws, the City is both allowed and required to increase its number of mills in order to off-set decreased tax
dollar collections that come about from decreased assessed property values.
The State estimates that the value of one mill, levied city-wide after Tax Increments are excluded, will be $80,331 in FY16. This represents an 8.6% decrease in the city’s mill value in FY15. For levies that are required to be established at certain dollar values (i.e. debt service), we
will need to raise our mills to bring in the same number of dollars. For levies that were approved
at set mill amounts (i.e. Fire Capital & Equipment levy), we will yield fewer dollars due to
reappraisal. FISCAL EFFECTS:
Statewide reappraisal will have a negative impact on the value of the District. If
approved by the City Commission, the NURB FY 16 Work Plan and Budget Proposal will be adopted as part of the City of Bozeman Annual Budget
Exhibits:
1. NURB FY 16 Proposed Work Plan; 2. NURB FY 16 Proposed Budget; 3. May 5, 2015 NURB Meeting Minutes; and
4. Map of the NURD.
Report compiled on: May 21, 2015
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NORTHEAST URBAN RENEWAL BOARD BUDGET FY 2016 PROPOSAL
TO THE BOZEMAN CITY COMMISSION In 2005, the Bozeman City Commission adopted Ordinance No. 1655 which formally enacted the
Northeast Urban Renewal Plan. The stated mission of the plan and general goals are as follows:
DISTRICT PLAN MISSION/VISION “This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight]
Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to ensure
the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While this Plan envisions a District with diversity of housing businesses and amenities, it intends to maintain the
unique ambiance and historic character of the District”.
Nine principles were developed for the plan. Each of the principles has one or more goals associated with the plan, some of which specifically relate to this work plan while others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows:
GENERAL GOALS:
Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.
Provide public utilities to the area efficiently in ways that are not visually or physically
obtrusive.
Encourage a land use pattern that facilitates all modes of transportation – vehicular,
bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses.
Harmonize commercial and industrial development with residential quality of life.
New structures should be designed and built keeping in mind the public values of
durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and
massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence
in urban design as a basis of partnership.
Promote sustainable building practices and design within the district
Procure new land for park and open space
Improve landscaping in existing public spaces
Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to
take private property for private use in the implementation of an urban renewal project
or similar redevelopment plan.
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Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by
giving a high priority to the Northeast District in its capital improvements plan.
Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas.
Work with the City to ensure actions taken outside of the District are compatible with
projects inside of the District
BACKGROUND In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their
three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood
Development Plan.
2015 AT-A-GLANCE In FY 2015, the Board continued to work on these priorities. With assistance from Morrison-
Maierle, the final special design standards for East Tamarack Street/Front Street/North Ida Avenue
within the district have been completed. The next step in the process will be the consulting
engineer, City staff and this Board shepherding an ordinance adopting these standards as well as the
special design standards for East Peach Street through the review and approval process. The Board continued to demonstrate its commitment to preserving the District’s historic character by
monitoring any proposals that might impact historic properties; and it was particularly frustrated by
demolition of the Brewery Wall on North Wallace Avenue because of the negative impacts that its
demolition may have on the Brewery Historic District. The Board also continued to monitor any
potential for preservation and possible re-use of the Depot. The Board is vigilant in monitoring new proposed development within the District, to ensure its compatibility with the historic mixed use
character of the area.
MOVING FORWARD – FY2016
The Board continues to support opportunities to work with Montana Rail Link and Burlington Northern Santa Fe on preservation and rehabilitation projects for the passenger depot. Additional
TIF funding has been contributed to the Pedestrian Bridge project. The Board plans to actively
pursue the issuance of bonds to fund construction of the East Peach Street and East Tamarack Street
improvements in accordance with the special design standards once they are adopted by the City
Commission.
During a presentation to the Board, Director of Public Service Craig Woolard identified
improvements to North Wallace Avenue as one of the community’s highest priorities, particularly
with the impending improvements to North Rouse Avenue and development of the Story Mill Park.
The Board has agreed to work with City staff and a consulting engineer on special design standards for those improvements. The Board will commit funds to cover the costs of designing
improvements within the district boundaries and, if a special improvement district for the entire
project is created, is willing to commit tax increment funds to cover the costs of those assessments
for impacted property owners within the district.
The Board continues to be interested in improvements to the East Peach Street and East Tamarack
Street bridges in a manner that demarcates the entrance ways to this district. The Board has also
continued to add monies to the budget for construction of a pedestrian bridge across Bozeman Creek
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at a location yet to be determined (but probably about mid-point between East Tamarack Street and
East Peach Street); and has set aside additional monies to undertake that project during this fiscal
year.
Also, a lighting study and plan are to be undertaken this fiscal year. The study is to be two-pronged,
and the plan is to include both a short-term option to retrofit existing street lights to include dark
skies compliant heads and a long-term option that includes the installation of new street lights
unique to this district and that just meet minimum public safety standards without negatively impacting the current character of the district.
PRIORITIES I, II & III– IN DETAIL
I. PARKS, TRAILS AND GREENSPACE
District Trails and Depot Pocket Park Area Maintenance $ 5,000
The original trail, landscaping and bench installation were completed in 2012. Landscaping
maintenance, including mowing and weed spraying, is on-going. Water is provided, as needed, from an adjacent property. The Board proposes continuing the operation of the temporary irrigation system, weed control and general maintenance. Weed control and general maintenance
may also be needed in other District trail areas. The Board is considering additional irrigation
improvements to enhance maintenance possibilities as well as an aggressive program to eliminate
knapweed in the East Aspen Street right-of-way. Front Street Trail Extension $ 20,000
The Gallatin Valley Land Trust (GVLT) has presented its plan to construct a trail extension from
North Rouse Avenue along the existing Front Street right-of-way to North Wallace Avenue,
connecting to the existing depot trail, which is located within this urban renewal district. This trail segment connects the pedestrian way that runs along Oak Street between North 7th Avenue
and North Rouse Avenue with both the depot trail and the Story Mill pathway. Because of the
benefit this trail extension will provide for this district, this budgeted amount is a donation of up
to $20,000 for the final capital allocation needed to complete the project in Fiscal Year 2016.
Pedestrian Bridge $ 60,000
Board members previously identified the need for a pedestrian bridge at the terminus of East
Aspen Street and the North Church Avenue trail east of North Rouse Avenue. East Aspen Street
comes to an end at Bozeman Creek. The use along this section of East Aspen Street is largely
residential with a retail store (butcher shop) at the southeast corner of North Rouse Avenue and East Aspen Street. During FY11, the NURB received positive feedback from the Northeast
Neighborhood Association (NENA) on the project and Gaston Engineering completed a
feasibility study and cost estimates. Construction of the bridge is estimated between $52,470 and
$57,715. While the budgeted amount is for construction, the Board has previously determined it
might be appropriate to use a small portion of the monies to host a design competition for the bridge as an option to purchasing and installing a prefabricated bridge. The NURB has continued
to increase the monies budgeted for this project over the past few years and now has sufficient
monies to cover the total costs of bridge installation. In light of the presentation from the
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Bozeman Creek Enhancement Committee a couple of years ago, the Board has determined it
wishes to leave its options for location of the pedestrian bridge open, thus ensuring the best
pedestrian crossing can be provided.
Streambank Restoration $ 10,000
The Board recognizes the importance of enhancing the natural amenities within the district,
including the Bozeman Creek corridor. The Bozeman Creek Enhancement Committee has
studied the entire length of the creek as it runs through the city, and has assigned a category to each segment of the creek based on its current state and the level of desired improvements. The
Board has set aside monies to use as a match for those property owners wishing to enhance the
streambank adjacent to their properties. It recognizes that a portion of these monies may need to
be used in conjunction with installation of the pedestrian bridge budgeted above.
Priority I Total $ 95,000
Priority I Rationale: The park, trail and greenspace improvements meet Guiding Principle 4 and
Goals A & B under Principle 4 of the adopted Northeast Urban Renewal District Plan:
• Guiding Principle, “Public open space is essential to a healthy and appealing
urban environment”
• Goal A, “Procure new land for parks and public open space”
• Goal B, “Improve landscaping in existing public spaces.”- to include enhancing boulevards and public rights-of-way by planting and maintaining trees where appropriate and
controlling weeds
The spending of TIF funds on park and open space improvements is allowed under 7-15-4255, Authority to provide or contract for services related to urban renewal, of the Montana Code
Annotated. Specifically, item (1b) states that “Every municipality shall have power to install,
construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements”
II. INFRASTRUCTURE Poor pedestrian connectivity within the District is well documented. Lack of street improvements
including missing curb, gutter, pavement and sidewalks creates an unwelcoming and potentially
unsafe environment for pedestrians and bicyclists. A lack of stormwater drainage facilities leads
to the ponding of water in public rights-of-way, encouraging pedestrians to walk in the street and emphasizing the need for street improvements. The District has a historic mix of light
manufacturing and residential uses creating a more urban environment on the streets, especially
during business hours. Modest improvements to pedestrian facilities to create safer more
welcoming routes for pedestrians will reduce conflict between users. The lack of street
delineation/improvements and stormwater facilities has caused an unknown number of individuals to use some sections of the District as dumping grounds for unwanted appliances and
furniture. Street improvements coupled with improvements to trails and parks and the
landscaping of public spaces will improve conditions for pedestrians and bicyclists and reduce, if
not eliminate, dumping in the public right-of-way.
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Making improvements to sidewalks on unimproved streets comes with some difficulty especially
if elevation differences are present across the width of the right-of-way and if a need to improve stormwater drainage is warranted as well. What seems like a rather simple project turns into a
large scale street improvement project. Without additional information, moving forward on these
improvements is difficult, so survey and design is the first step. Regarding design, the Board
recognizes that creative solutions are needed to enhance the public right-of-way for two very
different user types in the District. In support of improvements to these streets, the Board has allocated a portion of the budget to the following deficient street sections in the District:
East Peach Street – Sidewalks, Storm Water control, Landscaping
Construction $ 88,912
Survey and the design for East Peach Street improvements have been completed. The Board approved the design in November 2011. The Pedestrian and Traffic Safety Board and the Bozeman Area Transportation Coordinating Committee have reviewed the proposed design
standard. The Commission has approved the design, but it has not yet been adopted by
ordinance.
The monies remaining in this line item after the design has been completed and adopted will be used for street improvements.
East Tamarack Street, Front Street and North Ida Avenue Construction $ 89,090
Morrison-Maierle has completed the survey and design for these special street standards; and this Board approved those designs at its September 2014 meeting. The final design is to be submitted
to advisory boards for comment and then to the Commission for its action. After the Commission
approves the design standards for these roadways, the next step will be preparation of an
ordinance that adopts the special design standards for these roadways and those for East Peach
Street.
The monies remaining in this line item after the design has been adopted will be used for street
improvements.
North Wallace Avenue Engineering/Design $ 25,000 Because of its existing condition and the impending North Rouse Avenue reconstruction project, the Director of Public Service has identified reconstruction of North Wallace Avenue between
East Lamme Street and L Street as a high priority. These monies will cover the costs of
engineering services to design the improvements for that portion of the roadway lying within the
district boundaries; and the Director of Public Service has committed a similar amount of monies to cover the design costs outside this district.
Entranceway Enhancements $ 20,000
For years, the Board has felt enhancing the rights-of-way that enter the District, providing visual
or aesthetic enhancement, is important. During presentation of the East Tamarack Street special design standards, the potential for implementing some pedestrian enhancements on the bridge was identified, particularly in light of the additional right-of-way width at the bridge. The Board
recognizes that, in addition to the East Tamarack Street bridge, the East Peach Street bridge
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would lend itself to similar enhancements. The Board stresses, however, that these are only two
of several entrances to the District and that all points of entry should be considered.
East Aspen Street right-of-way survey between North Rouse Avenue and
Bozeman Creek $ 10,000
The Board realizes that the right-of-way for East Aspen Street and the location of the street
within that right-of-way need to be identified in light of the potential for future infrastructure
improvements. Since this is an older part of town, original corner pins are typically not easily found. A survey will identify the edges of the street right-of-way and make future street
improvements easier to design as well as allow property owners to know exactly where their
property lines are located. This information may also help with the future improvements to North
Rouse Avenue.
Street lighting study $ 10,000
The existing street lights within the district are outdated and do not meet the dark skies standards
set forth under the guiding principles, goals and implementation actions. A request for proposals
will result in the selection of a consultant to assist with both updating the current light fixtures to
meet dark skies standards and developing a comprehensive street lighting plan for the district.
Priority II Total $ 243,002
Priority II Rationale: The infrastructure improvements meet Guiding Principle 1 and Goals A & B
under Principle 1 of the adopted Northeast Urban Renewal District Plan:
• Guiding Principle, “Ensure the health, safety, and security of the District”
• Goal A, “Outdated or insufficient infrastructure should be repaired, replaced or otherwise improved.”
• Goal B, “Encourage a land use pattern that facilitates all modes of transportation –
vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and
convenient access for residential, commercial, and industrial uses.”
The spending of TIF funds on infrastructure improvements is allowed under Section 7-15-4288,
MCA which states, “Costs that may be paid by tax increment financing” allows the municipality
to use tax increments to pay the following costs of or incurred in connection with an urban
renewal project: (1) land acquisition; (2) demolition and removal of structures; (3) relocation of
occupants; (4) the acquisition, construction, and improvement of infrastructure;… and 5) costs incurred in connection with the redevelopment activities allowed under 7-15-4233…
III. NEIGHBORHOOD DEVELOPMENT PLANNING
Redevelopment Incentives $ 25,000 The NURB has set aside funds to offset the costs of upgrading public infrastructure in
conjunction with redevelopment activities which implement the District’s guiding principles
emphasized in the District’s Neighborhood Plan. To date, no one has applied for use of these
funds, so the Board is trying to find ways to encourage use of the program.
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Depot Rehabilitation Project $ 15,000
The Northeast Urban Renewal Board recognizes the importance of the depot within the district. Stabilization of the depot was accomplished this year through the use of private funds and private labor to reroof the building. If permission can be obtained from the railroad, the Board has
expressed its strong interest in taking any necessary steps to preserve and rehabilitate the
structure.
Priority III Total $ 40,000
Priority III Rationale: Neighborhood Development Planning meets Guiding Principle 2 and the
Goal under Principle 2 of the adopted Northeast Urban Renewal District Plan:
• Guiding Principles, “Balance commerce and livability in the District within the mixed-
use framework” AND “Honor the unique character and vitality of the District”
• Goal, “Harmonize commercial and industrial development with residential quality of
life”
• Implementation Action, “Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic
preservation professionals for opportunities to renovate existing historic structures.”
This funding proposal is for Neighborhood Plan implementation activities which are meant to
encourage developers to build on parcels within the Northeast Urban Renewal District. It recognizes the complexities of redeveloping parcels which have existing substandard buildings
and infrastructure and was created to offset the costs of those complexities with grants for those
proposing work which eliminates blight and advances the implementation of the District Plan.
Board proposes to award grants to reimburse developers for costs allowable under Section 7-15-
4288, MCA, but limited to public infrastructure.
These proposed expenditures are allowable under Section 7-15-4233, subsection (1)(a), MCA,
which grants the City the power to formulate and coordinate a workable program as specified in
Section 7-15-4209, MCA, which states : (1) A municipality may formulate a workable program
for utilizing appropriate private and public resources:
(a) to eliminate and prevent the development or spread of blighted areas;
(b) to encourage needed urban rehabilitation;
(c) to provide for the redevelopment of such areas; or
(d) to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program.
(2) Such workable program may include, without limitation, provision for:
(b) the rehabilitation of blighted areas or portions thereof by re-planning, removing congestion,
providing parks, playgrounds, and other public improvements; by encouraging voluntary
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rehabilitation; and by compelling the repair and rehabilitation of deteriorated or deteriorating
structures; and
(c) the clearance and redevelopment of blighted areas or portions thereof.
Additionally, Section 7-15-4288, MCA states, “Costs that may be paid by tax increment
financing” allows the municipality to use tax increments to pay the following costs of or incurred
in connection with an urban renewal project: (1) land acquisition; (2) demolition and removal of
structures; (3) relocation of occupants; (4) the acquisition, construction, and improvement of infrastructure;… and 5) costs incurred in connection with the redevelopment activities allowed under 7-15-4233…
IV. ADMINISTRATION
Part-time staff and other Administrative Services $ 13,000
The Board needs staff to assist with District Plan implementation. $10,000 is to be transferred to
the Economic Development Division to offset the cost of staff time used to assist the NURB with
District Plan implementation. $3,000 is budgeted to cover administrative services. This money is a permissible use under state statute 7-15-4288, (5), “costs incurred in connection with the
redevelopment activities allowed under 7-15-4233 and 7-15-4288 (7) “administrative costs
associated with the managements of the urban renewal area…”
The Board has requested money for public noticing and mailings in the District. The purpose of the noticing and mailings is to inform property owners about and request feedback on NURB
implementation and activities.
This money is a permissible use under state statute 7-15-4233, “Powers which may be exercised
by urban renewal agency or authorized department…(f) to disseminate blight clearance and urban renewal information;”
Bond Counsel services $ 30,000
The Board has determined the most effective way to accomplish the street improvements on East
Peach Street and East Tamarack Street/Front Street/North Ida Avenue is through the issuance of bonds. The first step in the sale of bonds is the retention of bond counsel to ensure State statutes
are met and to provide ease in the process of selling bonds. The upfront costs of the bond issue
must be covered prior to the sale of bonds. This process will not be undertaken until after the
reappraisal figures are released, which is anticipated in August.
Section 7-15-4290, MCA states “(1)(a) The tax increment derived from an urban renewal area
may be pledged for the payment of revenue bonds issued for urban renewal projects or of general
obligation bonds, revenue bonds or special assessment bonds issued to pay urban renewal costs
described in 7-15-4288 and 7-15-4289.”
Undesignated Reserve $ 80,798
Not all of the monies received to date have been budgeted, and the Board has not earmarked all
of the monies received to date plus the anticipated FY16 revenues. As a result, the balance is
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being placed in an Undesignated Reserve, with those monies to be used to cover any shortages in
funding for items listed above. Because it is anticipated that the property reappraisal will result
in lowered values, the amount of revenues projected for FY16 is approximately 85 percent of the property tax revenues actually received in FY14 and FY15. Any new information received prior
to the City Commission hearing will be forwarded to the Commission, if time allows, or provided
at the meeting.
SUMMARY: FY 16 PROPOSED BUDGET Priority I $ 95,000
Priority II $ 243,002
Priority III $ 40,000 Staff time $ 10,000 Noticing and Administrative Services $ 33,000 Undesignated Reserve $ 80,798
Overall Budget Total $ 501,800
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Revenues:2015-16 Budget
Estimated Beginning Balance $415,000.00
FY2015 Tax Increment $85,000.00
Delinquent increment
State shared/entitlement
Interest $1,800.00
Total Estimated Revenues $501,800.00
Expenditures Budgeted:
Trails Maintenance $5,000.00
Front Street trail $20,000.00 Donation
Pedestrian Bridge $60,000.00 Added $20,000 this year
Streambank Restoration $10,000.00
East Peach Street $88,912.00
East Tamarack/Front/North Ida $89,090.00
North Wallace Avenue $25,000.00 Design costs split with City
Bond costs $30,000.00 Dorsey-Whitney
Entranceway Enhancements $20,000.00
East Aspen Street ROW survey $10,000.00
Street lighting study $10,000.00
Redevelopment Incentives $25,000.00
Depot Rehabilitation Project $15,000.00
Planning Staff support $10,000.00 Increased to $10,000 per staff request
Administrative Services $3,000.00 Increased to $3,000 per staff request
Undesignated Reserve $80,798.00
Total Expenditures $501,800.00
Northeast Urban Renewal District
124182
NURB Meeting – May 5, 2015 1
Northeast Urban Renewal Board (NURB)
Regular Meeting
Tuesday, May 5, 2015
The Northeast Urban Renewal Board met in regular meeting at 6:30 p.m. on Tuesday, May 5,
2015, in the Conference Room, Professional Building, 20 East Olive Street, Bozeman,
Montana.
Present: Absent:
Voting Members:
Tom Noble, Chair Daniel Doehring (arrived at 6:40 p.m.) Erik Nelson
Robert Pavlic
Jeanne Wesley-Wiese Non-Voting Members:
John Usher
Commissioner Liaison: I-Ho Pomeroy
Staff:
Brit Fontenot, Economic Development Director
Robin Sullivan, Recording Secretary Guests:
Kevin Jacobsen, Morrison-Maierle
John How, KLJ Dustin Johnson, KLJ Chris Nixon, 719 North Wallace Avenue
Call to Order – Chair Tom Noble called the meeting to order at 6:35 p.m.
Public Comment – No comment was received under this agenda item.
Consent Items – Approve minutes from April 7, 2015 meeting. It was moved by Jeanne Wesley-
Wiese, by Erik Nelson, that the minutes of the meeting April 7, 2015, be approved as submitted. The motion carried on a 4-0 vote.
Discussion/Action Items –
Discussion/set budget for Fiscal Year 2015-2016. Recording Secretary
Sullivan distributed copies of the draft budget and work plan for Fiscal Year 2015-2016.
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NURB Meeting – May 5, 2015 2
Chair Noble expressed interest in funding the balance of the Front Street trail project, but
stated he does not support funding for a kiosk. He noted that the shortfall is currently
estimated at just under $20,000.
Erik Nelson suggested the Gallatin Valley Land Trust (GVLT) may be willing to install a sign
with the donation, even if it doesn’t fund a kiosk. He then asked where the budget shortfall
lies and when the trail is to be completed.
Chair Noble stated he does not have a breakdown of the GVLT’s costs for the trail, so does
not know where the shortfall lies.
Economic Development Director Brit Fontenot stated the GVLT is currently negotiating with
Kenyon-Noble regarding removal of their encroachments into the street right-of-way. He
noted that a corner of the building may actually be at or in the edge of the right-of-way.
Erik Nelson asked if the Board could stipulate its monies are to close the funding gap for the
project.
Chair Noble stated he would like to make the trail a priority, stating he feels it would be a
benefit to this tax increment financing district.
In response to questions from John Usher, it was noted that the budgeted monies would not
be expended until the project moves forward.
Economic Development Director Fontenot noted that the kiosk would be located inside the
district boundary if the Board chooses to fund one. He then stated the Board could budget
monies as a donation of the final monies needed to complete the project.
Jeanne Wesley-Wiese stated information from the GVLT revealed the bridge across the
creek will cost just over $62,000, with $3,000 of that to cover the costs of removing debris
from the streambank. In light of that information, she suggested that with the addition of
$20,000 for the pedestrian bridge project, there would be sufficient monies in the budget to
complete that project during this fiscal year.
Responding to Chair Noble, the Economic Development Director stated this project could be
included in the term contract for engineering services.
Dan Doehring noted that, if any streambank restoration is needed in conjunction with
installation of the pedestrian bridge, monies in the budget for that purpose could be used.
Erik Nelson noted that the draft work plan and budget are the result of Board work over an
extended period of time, and he feels the result is sound and should be forwarded to the
Commission.
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NURB Meeting – May 5, 2015 3
Chair Noble voiced his agreement, noting that there is nothing in the work plan that has not
been discussed several times.
It was moved by Erik Nelson, seconded by Jeanne Wesley-Wiese, that the Board adopt the
draft work plan and budget as amended to include an additional $10,000 from the
undesignated reserve fund for the Front Street trail and eliminate funding for a kiosk in
conjunction with that project. The motion carried on a 5-0 vote.
Economic Development Director Brit Fontenot announced that this budget presentation will
be made to the Commission at its June 1 meeting and asked Board members to attend that
meeting if possible.
Miscellaneous discussion. John How, KLJ Engineering, announced that the firm
has been selected to look at the conservation overlay districts in the community. As part of
the public outreach component, the firm is meeting with as many neighborhood groups and
tax increment financing boards as possible to determine what should possibly be added or
changed. He then expressed an interest in making a presentation at the Board’s June 2
meeting if it chooses not to cancel that meeting.
Economic Development Director Brit Fontenot stated the RFQ for engineering services has
been released; and he has received several questions and input about the services to be
provided under the contract. He then stressed the City has a specific process to be followed
for choosing a firm, which includes a selection committee that is involved at all steps in the
review and selection process. He asked that two Board members be included, noting they
will serve with someone from the Engineering Department, David Fine and himself. He noted
Chair Noble has expressed concern that he may not be able to attend all of the selection
committee meetings, but that Erik Nelson has indicated a willingness to serve.
Responding to the Director, John Usher voiced an interest in participating on the selection
committee.
Set agenda for June 2, 2015 meeting or cancel meeting. Chair Noble asked
that the presentation from KLJ Engineering be placed on the agenda, along with an update
on street lights.
Jeanne Wesley-Wiese stated she would like to talk about the railroad crossing, expressing
concern about pedestrian safety in light of the Story Mill Park improvements and the new trail
connection.
Responding to Erik Nelson, Director Fontenot stated he can research possible federal funds
for improving the crossing. He cautioned, however, that railroads tend to have a different
view of crossings. He suggested one option is to invite Matt Jones, public relations with
BNSF, to come to a Board meeting to discuss the crossing concerns.
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NURB Meeting – May 5, 2015 4
Chair Noble noted the first step may be to engineer the street right-of-way at the railroad
crossing to determine how much space may be available.
Economic Development Director Fontenot indicated he will be prepared to give an update on
the RFP process at next month’s meeting.
Chair Noble asked for an update on engaging bond counsel. Director Fontenot responded
that the City Attorney has given approval for engaging Dorsey Whitney when the Board is
ready to do so.
Neighborhood News. Dan Doehring stated more wood chips are needed
around the boulder in depot park.
Jeanne Wesley-Wiese stated the depot trail needs to be mowed; and there is a lot of garbage
in the trail.
Chris Nixon announced the NENA meeting is to be held at 7:00 p.m. on Tuesday, May 12, in
the Commission Room. He then distributed neighborhood newsletters to Board members.
Responding to Jeanne Wesley-Wiese, Director Fontenot stated the Commission expressed
some concerns about the survey process that Director of Public Service Woolard has been
using as the first step in possibly creating a special improvement district. As a result, he is
fine tuning the process he is using to receive property owner feedback.
Jeanne Wesley-Wiese noted a lot of misinformation is floating around the neighborhood
about the potential special improvement district and the street improvements to be made.
Adjournment – 7:15 p.m. There being no further business to come before the Board at this
time, Chair Noble adjourned the meeting.
Tom Noble, Chair
Northeast Urban Renewal Board
City of Bozeman
128186
129187
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thi,
114
day of, 2015, byjidt
and between the CITY OF BOZEMAN, MONTANA, a self governing mun'cipal corporation
organized and existing under its Charter and the laws of the State ofMontana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as "City," and, KLJ Engineering, a private contractor, 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 2015 execution
and will terminate on the same day in 2018.
3. Scone of Work: Contractor will perform the work and provide the services in
accordance with the requirements ofthe Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor 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 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.
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,
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and regulations that in any manner may affect cost, progress or performance ofthe 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 ofcopyright, 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 ternis 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 indemnify, defend, and hold 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.
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 this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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Contractor shall indemnify, defend, and hold 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, 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; (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 ofthe 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.
In the event of an action filed against City resulting from the City's performance under this
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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) ofthis 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 within two (2)
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business days of Contractor's receipt ofnotice 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. IfContractor refuses or fails to timely do the work, or any pant 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
this Agreement and make every reasonable effort to refrain from continuing work, incurring
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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 ofthe 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 the Director of Economic Development 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 James Goehrung as the City's Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
Professional Services Agreement for NU" Engineering Services
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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 John How 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, mules, 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 ofits sub -Contractors providing services under
this agreement.
15. Intoxicants, DOT Drug and Alcohol Regulations/Safety and Training: Contractor
Professional Services Agreement for NURD Engineering Services
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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 ofTransportation
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 ofthis 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 entitled
to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include
City Attorney.
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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: Ifany portion ofthis 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 ofthe heirs,
legal representatives, successors, and assigns of the parties.
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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.
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 ofthis Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
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
By
Chris Kukulski, City Manager
APPROVED AS TO FORM:
Bye a.
Gregivan, Bozeman City Attorney
Print Name: Steve Synhorst
Print Title: Division Leader
Professional Services Agreement for KURD Engineering Services
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ATTACHMENT A
NORTHEAST URBAN REVEWAL DISTRICT (KURD)
3 YEAR TERM CONTRACT (2015 — 2018)
SCOPE OF ENGINEERING SERVICES
STREET, INTERSECTION, TRANSPORTATION, LIGHTING,
TELECOMMUNICATIONS AND STORMWATER
ENGINEERING SERVICES
This scope of work is Attachment A to the Professional Services Agreement to provide
professional engineering and other related services for various designated and undesignated
projects in the NURD.
The City requires engineering services for specific TIF -related projects broadly defined by the
NURD work-plan(s) and this scope of work. Specific projects will require authorization to
proceed based on a required task order.
The Consultant's hourly rate for individuals working on this contract include:
Project Assistant I ...............................$65.00
Project Assistant II..............................$81.00
CADD Tech I ......................................$78.00
CADD Tech II.....................................$99.50
Engineer I ..........................................$103.25
Engineer II ........................................$122.50
Engineer III.......................................$149.25
Engineer IV ....................................... 172.00
Engineering Tech II ..........................$117.50
Environmental Planner I .....................$90.00
Environmental Planner II..................$106.00
Environmental Planner III.................$128.75
GIS Analyst I ......................................$89.00
GIS Analyst II...................................$105.00
Planner I ..............................................$98.25
Planner II...........................................$120.00
Planner III .........................................$144.50
Surveyor I ............................................$86.25
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Surveyor II ........................................$115.50
Surveyor III.......................................$155.00
Deliverables include projects identified on the KURD workplan(s).
The general scope of engineering services is itemized below but may include other engineering
water, sewer, power, etc.) and planning services not specifically listed.
1. STREET, TRANSPORTATION, AND STORMWATER: Basic Proiect Criteria
a. Pre -design services including: project scope definition, preparation of design
alternatives and preliminary cost estimates, preliminary layouts, utility conflict and
encroachment analysis, and basic hydraulics.
b. Familiarity with Federal, State, and Local design standards and applicable
specifications.
C. Design and construction surveys, including coordination with aerial surveying firms.
d. Soils and pavement design evaluations, including soils testing and analysis.
e. Design alternatives for street storm drainage systems, including hydrologic and
hydraulic analyses.
f. Design report preparation.
g. Preparation of preliminary and final plans and specifications, contract documents, and
construction cost estimates in accordance with applicable City standards.
h. Plan review and approval coordination with State, County, and other local agencies.
i. Analyze and recommend alternative pavement design.
j. Identify and secure any necessary, 124, 310, 404, MPDES permit, other permits
needed for design and construction.
k. ADA requirements in concert with master planned street and highway improvements.
1. Coordinate with Montana Department of Transportation for improvements on
designated state and urban routes.
in. Bid period and post -bid period activities coordination.
n. Construction administration and inspection including surveying, soils, pavement, and
materials testing, construction certification and warranty inspection.
2. STREET, TRANSPORTATION, AND STORMWATER: Complex Project Criteria
in addition to basic project criteria)
a. Right-of-way and easement research and complete acquisition services.
b. Utility relocation coordination.
C. Complex alignment and geometric design issues.
d. Environmental Impact Assessments.
e. Detailed structural designs (i.e. bridges, reinforced walls, culverts, channels, levees)
f. Signal, roundabout, and sign warrant analyses.
g. Plans and specifications in accordance with Montana Department ofTransportation
design standards (i.e. utilize Intergraph, etc.).
h. Comprehensive traffic studies including developing traffic projections and modeling.
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i. Construction administration and inspection services including surveying, asphalt and
soils materials testing/certification, construction certification and warranty inspection
for large and complex projects.
j. Comprehensive geologic and geotechnical services.
k. Mitigate adverse impacts to wetlands or other sensitive lands.
1. Pedestrian/trail/bike route studies and AASHTO requirements.
In. Pavement management systems.
n. Preparation of transportation and stormwater facility plans.
o. Complex flood studies and floodplain map amendments.
p. Coordination and procurement of EPA Phase II Stormwater permitting.
q. Coordinate with Montana Department of Transportation for improvements on
designated state and urban routes.
r. Development and implementation of public involvement plans and leadership of
informational/community meetings.
3. INTERSECTION IMPROVEMENTS
a. Predesign services including: defining project scope, design alternatives (including
roundabouts), preliminary cost estimate, preliminary layouts, identification of utility
conflicts, encroachment and preliminary right-of-way requirements.
b. Right-of-way and easement research and complete acquisition services.
C. Signal, roundabout and signage warrant analyses.
d. Evaluation of existing Transportation Facility Plan intersection improvement
recommendations.
e. Design alternatives including roundabouts, signals, intersection geometry, signal
operation, drainage, utilities and control devices.
Prepare design surveys, design reports, and comprehensive traffic studies.
g. Environmental Impact Assessments.
h. Coordinate with Montana Department of Transportation for intersection
improvements on designated state and urban routes.
i. Preparation of plans, specifications and estimates in accordance with City, State and
Federal design standards.
j. Bid period and post -bid period activities coordination.
k. Construction administration and inspection including surveying, soils, pavement and
materials testing, signal operation, construction certification and warranty inspection.
1. Traffic calming and pedestrian crossings.
M. Roundabout design and construction administration.
n. Development and implementation of public involvements plans and leadership of
information/community meetings.
4. LIGHTING IMPROVEMENTS: Basic Project Criteria
a. Site Evaluation — the Contractor will conduct a site evaluation to determine existing
conditions within the NEURD.
i. Engineering Survey — The Contractor will use a combination of the City's GIS
information, aerial photography, and in field surveying to establish a base map for
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the entire NEURD. The base map will include ROW location, easements, and
property boundaries. The base map will also include, but not be limited to, the
location of existing sidewalks, curbs, driveway accesses, ADA accessible ramps,
lighting fixtures, locations of electrical power for lighting, traffic signals, and
additional utilities that would impact location ofpedestrian facilities and potential
lighting locations.
b. Lighting Studies -
i. Street and Pedestrian Lighting Study — The Contractor will prepare a lighting
study to determine the locations best suited to adequately illuminate all street and
pedestrian corridors within the NEURD. The study shall identify existing pole
heights, an evaluation ofthe existing lighting levels, determination of existing
power routing, possible types of lighting designs, and a utility conduit design.
ii. Lighting Plan — The Contractor will work with the NURB to discuss options for
developing a lighting plan that utilizes the existing lighting and provides for
increased lighting levels where required or desired through a combination of
street, pedestrian and traffic lighting that meet the criteria of the Board for
developing the sense of character for the NEURD. The Contractor will also work
with the NEURD to identify locations where overhead power for existing lighting
can be located underground.
iii. Coordination with Northwestern Energy (NWE) — The Contractor will have
preliminary discussions with NWE (Linda Gale) regarding the potential ofputting
power lines underground. Discussions will include the power for the lighting as
well as transmission lines within the NEURD.
iv. Coordination with the City ofBozeman - The Contractor will have discussions
with the City of Bozeman regarding the potential for utilizing LED lighting within
the NEURD.
c. Cost Estimate — The Contactor will prepare a cost estimate based on the findings of the
street, pedestrian and traffic lighting studies and the initial site investigation. The
estimate will include, but is not necessarily limited to: lighting, cost of right of way
acquisition, infill of sidewalk or equivalent pedestrian infrastructure missing from the
District.
5. TELECOMMUNICATION IMPROVEMENTS: Basic Project Criteria
a. Fiber Optic Engineering
i. Pre -design services including: project scope definition, preparation of design
alternatives and preliminary cost estimates, preliminary layouts, and utility
conflict and encroachment analysis.
ii. Familiarity with Federal, State, and Local design standards and applicable
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specifications.
iii. Design and construction surveys, including coordination with surveying firms.
iv. Design report preparation.
V. Preparation of preliminary and final plans and specifications, contract documents,
and construction cost estimates in accordance with applicable City standards.
vi. Plan review and approval coordination with State, County, and other local
agencies.
vii. Bid period and post -bid period activities coordination
viii. Construction project management, administration and inspection
The above -referenced general scope may be applied to several projects within the NURD
and may require additional approvals and subsequent task orders which may be negotiated
over a period of time.
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Page 1 of 2
AMENDMENT TO ENGINEER-OWNER AGREEMENT Amendment No. 1
Background Data
a.
Effective Date of Engineer-Owner Agreement:
8-17-15
b.
Engineer:
Kadrmas, Lee & Jackson, Inc. (KLJ)
c.
Owner:
City of Bozeman, MT
d.
Project:
Professional Services Agreement
e.
This Part of the Project:
Term/Effective Date
Nature of Amendment (check all that apply)
Additional services to be performed by Engineer
Modifications to services of Engineer
Modifications to responsibilities of Owner
Modifications to payment to Engineer
Modifications to time(s) for rendering Services
Description of Modifications
Extension of the Term (Paragraph 2) of the Professional Services Agreement until such time as the
Engineer's duties are completed as they pertain to the construction services for the E. Tamarack Street
Reconstruction Project.
Agreement Summary
a. Original agreement amount: $N/A - Time and Material.
b. Net change for prior amendments: $N/A
c. This amendment amount: $Not to exceed $125,000
d. Adjusted Agreement amount: $N/A
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Page 2 of 2
Engineer and Owner hereby agree to modify the above-referenced Agreement as set forth in this
Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in
effect. The Effective Date of this Amendment is 8/17/2018.
ENGINEER: Kadrmas Lee & Jackson, Inc. OWNER: City of Bozeman, MT
By:
Steve Synhorst By:
Andrea Surratt
Title:
Division Leader
Title:
City Manager
Date Signed:
Date Signed:
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Page 1 of 2 Exhibit A – Engineer’s Services
EXHIBIT A Professional Services Agreement – Amendment 1
3 Year Term Contract – Scope of Engineering Services
The Agreement is supplemented to include the following agreement of the parties.
Engineer shall provide Modified and Additional Services as set forth below.
PART 1 – MODIFIED SERVICES
A1.01 Construction Phase Services
A. Unless otherwise stated, Engineer’s Services are limited to the necessary construction phase
services described below for construction of the East Tamarack Street Reconstruction Project
until such time as the project has obtained final completion and Engineer has provided Record
Drawings of the completed Project to the City and the Montana Department of Environmental
Quality. The anticipated cost of construction phase engineering services including Construction
Administration, Resident Project Representative and Construction Staking, as described below
shall not exceed $125,000.
1. Construction Administration
a. Review and approve project submittals/shop drawings for materials incorporated
in the Work. b. Review and recommend approval of authorized changes in the Work.
c. Provide Work Change Directives, Change Orders, etc., as necessary, for
execution for authorized changes in the Work.
d. Review and recommend payment for Contractor’s Applications for Payment.
e. Review and approve actual quantities and classifications of Unit Price Work performed by the Contractor.
f. Administer the Project’s Contract Documents and make recommendations on
Contract requirements and acceptability of Work.
g. Determine Project Substantial Completion
h. Prepare Project punch list noting deficiencies and/or corrections in the Work required prior to final completion.
i. Provide final inspection of the Work.
j. Attend the Final Walk-Through with Contractor and City.
k. Maintain Project records.
l. Prepare and provide Project Record Drawings to the City in accordance with City requirements.
m. Prepare and provide Project Record Drawings to Montana Department of
Environmental Quality (DEQ) in accordance with DEQ requirements.
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Page 2 of 2 Exhibit A – Engineer’s Services
2. Resident Project Representative
a. Provide observation of the Work as described in the Project’s Contract
Documents.
b. Observe and monitor quality control and quality assurance testing to ensure Work is constructed in accordance with the Project’s Contract Documents.
3. Construction Staking
a. Provide required construction survey staking as prescribed in the Project’s
Contract Documents.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional
Services of the types requested by the Owner. Using the procedures set forth in Paragraph 4 of
the Professional Services Agreement, Owner shall pay Engineer based on the amount of
cumulative hours charged to such requested Additional Services by each class of Engineer’s
employees; plus reimbursable expenses and Engineer’s consultants’ charges, if any.
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