HomeMy WebLinkAbout12-08-20 City Commission Packet Materials - C5. PSA and TO1 and TO2 w Rick Williams Consulting for Parking Consulting
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Urban Renewal Program Manager
Brit Fontenot, Economic Development Director
SUBJECT: Professional Services Agreement and Task Orders 1 and 2 with
Rick Williams Consulting for Parking Consulting Services pertaining
to Implementation of the Downtown Strategic Parking
Management Plan
MEETING DATE: December 8, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize the City Manager to sign the Professional Services Agreement and
Task Orders 1 and 2 with Rick Williams Consulting (RWC).
TERM CONTRACT BACKGROUND:
Rick Williams Consulting drafted the City’s adopted Downtown Strategic Parking
Management Plan and has served as the primary consultant on parking issues for the
City since the Plan’s adoption. The proposed Professional Services Agreement continues
this longstanding consulting relationship to assist the City with the continued
implementation of the Plan as requested by written task order.
TASK ORDER 1 BACKGROUND:
Task Order 1 provides for the City to receive parking consulting services on an
hourly basis not to exceed $10,000. This scope will allow staff and the Parking Commission
to receive professional advice when need to assist with implementation of the Downtown
Strategic Parking Management Plan.
TASK ORDER 2 BACKGROUND:
Task Order 1 provides for a series of public engagement sessions. The consultant
describe the scope:
97
“[The Consultants will be] working with the community to better understand issues
related to parking in Bozeman neighborhoods, strategic implementation of its
Downtown Parking Management Plan and community consensus building related
to parking management. The Client seeks technical assistance in the areas of
parking management and public outreach. Rick Williams Consulting (RWC), with
Bridge Economic Development is proposing to assist the City in successfully
completing their effort. RWC will provide technical assistance and advice to the
Client to elevate understanding the range of issues necessary for successful
management of public parking in residential neighborhoods and in downtown
Bozeman.”
FISCAL EFFECTS:
Funding for these task orders is available in the appropriated Parking Enterprise
Fund budget. The value of Task Order 1 is not to exceed $10,000. The value of Task
Order 2 is not to exceed $38,000 including travel expenses, as applicable and directed.
ATTACHMENTS:
• Professional Services Agreement with Rick Williams Consulting
• Task Order RWC-01
• Task Order RWC-02
98
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of December, 2020 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Rick Williams Consulting, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
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 Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date through
June 30, 2022.
3. Scope of Services: Contractor may perform the work and provide the services as
described by the General Scope of Services (Exhibit A). The scope of work to be performed pursuant
to this Agreement will be further described in separate written Task Orders which must be agreed to
in writing by both Parties. Consulting work may be billed on an hourly basis or as described by on a
written Tasks Orders during the course of the term contract. For conflicts between this Agreement
and the Scope of Services or individual Task Orders, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in 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.
99
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 2 of 13
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (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.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
100
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 3 of 13
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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.
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 expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
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 the City 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 City 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
101
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 4 of 13
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, 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 [City’s]
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 this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. 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 per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
102
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 5 of 13
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the 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
103
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 6 of 13
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 9, 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 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) 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 and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Brit Fontenot 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 the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
104
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 7 of 13
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing 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 Rick Williams 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.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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
105
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 8 of 13
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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its 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 the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
106
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 9 of 13
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 of 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: In the event it becomes necessary for either Party 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 including the City
Attorney’s Office staff.
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
107
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 10 of 13
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
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 herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
108
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 11 of 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
109
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 12 of 13
EXHIBIT A
Rick Williams Consulting (RWC)
General Scope of Work:
The selected consultant may assist the City on any task defined by the general scope of work as directed by
written task order.
The general scope of services is to provide professional consulting and public engagement services to the
City of Bozeman regarding the implementation of parking management strategies and action strategies in
the adopted 2016 Downtown Strategic Parking Management Plan.
A. Scope. Provide technical support to the City of Bozeman and Bozeman Parking Commission. Such
support can include (but not be limited to):
1. Facilitation, support and guidance in industry best practices for strategic parking
management, parking policy, measuring system performance, program delivery, new
technologies and managing parking expenses/revenue.
2. Research and program analysis.
3. Provide guidance on strategic parking management and its intersection with Economic
Development.
4. Provide data-driven parking analysis.
5. Develop robust public engagement programs for educating and involving the community
regarding strategic parking management and professional best practices.
6. Draft development codes to provide for appropriately sized parking requirements.
7. Advise the City on business planning for active parking management in surface lots and
parking structures.
8. Provide assistance in organizational planning and development of a revised business plan
for Bozeman’s downtown parking system.
9. Other tasks as necessary and assigned by the Client
B. Staff. Rick Williams will serve as the Consultant’s Project Manager.
C. Fees and Billing. Hourly rates, fees, and billing for RWC and any sub consultants will be specified in
each written task order. The hourly rate must include all office related overhead costs, printing,
phone calls and faxes, etc.
D. Schedule. The Client and Consultant will establish a realistic deadline for the completion of assigned
tasks, to which the Consultant will adhere, barring unforeseen circumstances. The Consultant will
inform the Client of any changes in this schedule.
110
Professional Services Agreement for Parking Engagement Consulting FY 2021 – FY 2023
Page 13 of 13
E. Confidentiality. The Consultant affirms that all proprietary information about the Client will be
treated confidentially. However, any information submitted to a local jurisdiction on behalf of the
Client becomes a matter of public record.
F. Consultant’s Expertise. The Consultant provides parking and transportation demand management
expertise that in no way can be construed or relied upon as legal advice.
111
City of Bozeman Rick Williams Consulting Term Contract
Task Order Number #RWC-01
PROJECT: Implementation of the Downtown Bozeman Strategic Parking Management
Plan.
Issued under the authority of the Term Contract/ Professional Services Agreement with Rick Williams Consulting (RWC).
This Task Order is dated December 1, 2020 between the City of Bozeman and RWC
(Contractor). The following representatives have been designated for the work performed under this Task Order:
City: Brit Fontenot, Economic Development Director Contractor: Rick Williams, Rick Williams Consulting
SCOPE OF WORK: The scope for this task order shall include miscellaneous
consulting services on an as-needed basis at the request of the City of Bozeman or Bozeman Parking Commission. COMPENSATION: RWC will bill for its services on a time-and-materials basis not to
exceed $10,000.00. RWC shall submit invoices to the City of Bozeman for work
accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for RWC and its sub consultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The
provisions of the Professional Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order:
City of Bozeman Rick Williams Consulting
Jeff Mihelich, City Manager Rick Williams, Principal
112
PO Box 12546
Portland, OR 97212
Phone: (503) 459-7638
Email: rick@rickwilliamsconsulting.com
November 18, 2020
HOURLY RATES
Rick Williams Consulting
Rick Williams (Principal) $185/hr.
Owen Ronchelli (Senior Associate) $160/hr.
Pete Collins (Associate) $150/hr.
William Reynolds (Associate) $150/hr.
Bridge Economic Development
Alisa Pyszka $200/hr.
Other Billable Costs Professional Liability Insurance Costs not to exceed $2,000 in a City Fiscal Year (July 1 – June 30).
113
City of Bozeman Rick Williams Consulting Term Contract
Task Order Number #RWC-02
PROJECT: Implementation of the Downtown Bozeman Strategic Parking Management
Plan.
Issued under the authority of the Term Contract/ Professional Services Agreement with Rick Williams Consulting (RWC).
This Task Order is dated December 1, 2020 between the City of Bozeman and RWC
(Contractor). The following representatives have been designated for the work performed under this Task Order:
City: Brit Fontenot, Economic Development Director Contractor: Rick Williams, Rick Williams Consulting
SCOPE OF WORK: The scope for this task order shall include the consulting services
in the attached scope not-to-exceed $38,000 including applicable travel expenditures. COMPENSATION: RWC will bill for its services on a time-and-materials basis not to exceed the maximum amount specified in the attached scope of work. RWC shall
submit invoices to the City of Bozeman for work accomplished during each calendar
month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for RWC and its sub consultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional
Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order:
City of Bozeman Rick Williams Consulting
Jeff Mihelich, City Manager Rick Williams, Principal
114
City of Bozeman, MT Parking Consulting Assistance TASKS PROVIDED BY RICK WILLIAMS CONSULTING November 18, 2020 PROJECT ROLE The City of Bozeman (Client) is interested in working with the community to better understand issues related to parking in Bozeman neighborhoods, strategic implementation of its Downtown Parking Management Plan and community consensus
building related to parking management. The Client seeks technical assistance in the
areas of parking management and public outreach. Rick Williams Consulting (RWC), with Bridge Economic Development is proposing to assist the City in successfully completing their effort. RWC will provide technical assistance and advice to the Client to elevate understanding the range of issues necessary for successful management of
public parking in residential neighborhoods and in downtown Bozeman.
Specific RWC tasks (and cost estimates) are provided below. Time will be billed on a per hour basis with a not to exceed limit.
TASKS
A. Kick off and prep with City staff. The Consultant will structure a remote work session with staff
in December 2020. The purpose of the meeting is to assure that the Consultant is fully familiar
with all background materials provided by the City and to facilitate the establishment of
consensus definitions of terms, desired outcomes (by stakeholder group), clarity of problem
statements and project approach. After completion of this task, the Consultant will prepare a
“ground rules handbook” summarizing the work session, with a glossary of definition and terms
as well as a summary of key problem statements for use with each stakeholder group.
Estimated hours: 38
Cost (up to): $7,330
B. Community meetings prep and Community Meetings. The Consultant will tailor up to five
meetings with groups identified by the City. This could include the City Parking Commission, City
Commission, neighborhood group(s) and Property Owners. The intent is to address specific
parking problems of concern to each stakeholder group, educate on industry best practices and
the 2016 Strategic Parking Management Plan, and develop solutions with each stakeholder
group. The Consultant will draft a summary of key themes, findings and solutions for each
stakeholder group.
Estimated hours: 68 Cost (up to): $13,120
115
C. Case studies and testimonials. The City is interested in learning more directly about parking
management efforts in other cities, particularly “mountain towns.” The Consultant will work
with the City and stakeholders to identify comparable cities and reach out to those cities for
information on their parking programs and results as well as recruiting representatives of those
comparable cities to participate remotely in presentations to stakeholder groups. The
Consultant will compile findings from this task into a brief technical memorandum.
Estimated hours: 23 Cost (up to): $4,285
D. Draft and Final Report. The Consultant will create a draft and final report summarizing all
efforts related to Tasks A-C. The draft report will be prepared and delivered to the City for
internal review. Based on inputs from the internal review, a final report will be completed and
submitted to the City. The City may also elect to engage the Consultant to conduct a virtual
report back meeting for stakeholders to present findings and gather feedback (perhaps with
polling feature).
Estimated hours: 36 Cost (up to): $6,960
HOURLY RATES Consultant hourly rates are as follows:
RWC Rick Williams (Principal) $185/hr. Owen Ronchelli (Senior Associate) $160/hr. Pete Collins (Associate) $150/hr. William Reynolds (Associate) $150/hr.
Bridge Economic Development Alisa Pyszka $200/hr. BUDGET
RWC proposes a not to exceed contract agreement of $31,695. This includes work to the satisfaction of the Client for Tasks A - D as specified and described above. This does not include expenses related to travel (e.g., airfare, transportation, lodging, meals). A line item budget is included on the following page.
SCHEDULE The Consultant will work with the Client to establish a reasonable schedule for materials review, meetings, analysis, and development of a final product.
116
Proposed Budget – Line item detail
Pyszkza Williams
Hourly Rate 200.00$ 185.00$
Sub-Total
Task 1: Kick off and prep with staff
Background Material Review 4.0 800.00$ 4.0 740.00$
Work session with staff (prep and mtg)8.0 1,600.00$ 8.0 1,480.00$
Develop "ground rules" handbook 8.0 1,600.00$ 6.0 1,110.00$
7,330.00$
Task 2: Community Meetings Prep & Community meetings
Up to 5 meetings 30 6,000.00$ 30.0 5,550.00$
Summary "notes" from public input 6.0 1,200.00$ 2.0 370.00$
13,120.00$
Task 3: Case studies & Testimonials
Up to 4 0 -$ 12.0 2,220.00$
Identify individuals for "testimony"0 -$ 4.0 740.00$
Summary memo on findings 2.0 400.00$ 5.0 925.00$
4,285.00$
Task 4: Report
Draft Report 8.0 1,600.00$ 6.0 1,110.00$
Report out to Stakeholders 8.0 1,600.00$ 8.0 1,480.00$
Final Report 4.0 800.00$ 2.0 370.00$
6,960.00$
15,600.00$ *16,095.00$ *
TOTAL ESTIMATED BUDGET 31,695.00$
*Plus airfare, lodging, meals for travel to Bozeman
117