HomeMy WebLinkAbout21- Professional Services Agreement - Walker Consultants - Downtown Occupancy StudyPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2021 (“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, Walker Consultants, 10375 Park Meadows Drive, Suite 425, Lone Tree, CO 80124,
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 and will expire
on the 31st day of December, 2021, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the 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, and
regulations that in any manner may affect cost, progress or performance of the Scope of Services.
10th August
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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 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
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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 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
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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 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.
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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 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,
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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 Mike Veselik, Interim Parking Manager, 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,
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 Andrew Vidor, Director of Studies 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.
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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 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.
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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
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.
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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: 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.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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 WALKER CONSULTANTS
By________________________________ By__________________________________
Jeff Mihelich, City Manager Andrew Vidor, Director of Studies
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Andrew Vidor
Director of Studies
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Walker Consultants hereby affirms it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender
identity or disability and acknowledges and understands the eventual contract will contain a provision
prohibiting discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, Walker Consultants hereby affirms it will abide by the Equal Pay Act of 1963 and Section
39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal
Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best
practices publication and has read the material.
Andrew J. Vidor, Director of Studies
Name and title of person authorized to sign on behalf of submitter
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Attachment B
July 27, 2021
Mike Veselik City of Bozeman
Economic Development Department 121 N. Rouse
Bozeman, MT 59715
Re: Proposal for Downtown Parking Demand Analysis City of Bozeman, MT
Dear Mr. Veselik:
Walker Consultants is pleased to submit for your review this proposal for assisting the City of Bozeman (“City”) with
conducting manual parking counts within its Downtown managed parking zone. PROJECT UNDERSTANDING The City of Bozeman continues to be an economic development hot spot in the region. As a result, growth and tourism puts increased pressure on the parking assets supporting the community. The City recognizes the importance of the economic impact parking plays in the community, which is why you have a managed parking program. As the City continues to grow, you intend to continue expanding upon your existing managed parking program. Because monitoring the program is essential, the City conducts routine parking occupancy counts using vehicle-mounted and fixed license plate recognition (LPR) technology. Recently there has been a concern for the LPR’s ability to collect parking occupancy accurately. This is attributed to two primary factors: Though Montana requires front and rear license plates, plate misreads occur, for example, due to blocked, temporary, or missing plates. Additionally, out-of-state vehicles that do not display two license plates can also be skipped in counting if the cameras do not get an accurate read of the plate. Though the technology can effectively capture a “snapshot” of the parking demand in the City, these inaccuracies can misrepresent the true parking demand. As a result, the City wants to engage a parking and mobility consultant to conduct manual parking counts to accurately capture the parking demand within the B-3 boundary of the City. This active parking management district is comprised of approximately 2,262 spaces (1,650 on-street and 612 off-street). Having an accurate picture of the parking demand can help the City continue to plan for growth and, more importantly, effectively manage the transportation system. Working with the City, Walker Consultants (“Walker”) will assist in collecting, analyzing, and presenting an accurate picture of the typical parking demand within the currently managed parking area of the City. Following the completion of this data analysis, we are prepared to work with the City to identify and establish modifications to the existing parking management system as/if appropriate. These changes may result in new travel patterns or otherwise change how certain Downtown areas are utilized since the City last completed the system analysis. Scope of Services
10375 Park Meadows Drive, Suite 425
Lone Tree, CO 80124
303.694.6622
walkerconsultants.com
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Base Scope
1. Meet with City staff to review and discuss appropriate data collection dates,
information important to us for field data collection, and other information related
to the parking study the City feels is important to discuss.
2. Confirm the existing parking supply using the provided managed parking district
map (B-3).
3. Develop a study area map and data collection field materials.
4. Manually collect typical peak hour (12 pm - 1 pm and 6 pm – 7 pm) parking
occupancy. The occupancy will be recorded by parking facility (parking lots, parking
garage, and by block face for on-street parking. Since parking occupancy varies by
day of the week, we recommended occupancy data be collected during both a
weekday (not including Friday) and a weekend.
5. Summarize the parking occupancy information in a summary report with graphical,
tabular, and infographic support.
6. Meet to review and discuss the findings of the analysis, during which we will
provide a high-level discussion on how this data can be used to make policy or
parking management changes.
7. Based on our findings and site visit, we will recommend possible next steps the City
could consider for its parking program.
Secondary Scope
1. Conduct a parking turnover (length of stay) analysis for the study area over a
twelve-hour period for a typical weekday and weekend. Analyze and summarize the
parking turnover information in the summary report outlined above. This
information is useful in understanding the effectiveness of current parking time
limits, the effectiveness of enforcement, and possible changes to the existing
parking regulations.
2. Compare the manual parking occupancy counts with those previously collected to
understand the variances between the data collection methods, opining on potential
development and population impacts on the data sets.
3. Map parking turnover reads in the Cities existing GIS model to analyze movement
patterns that may inform time limit and parking enforcement programming.
Schedule & Professional Fee We recommend that field data collection occurs in August, so the peak summer season activity is captured before school is back in session. Analysis and deliverables of our work can be issued within two weeks of data collection. We are prepared to complete our analysis and deliver our findings by the end of August if authoirzed no later than August 6, 2021. Our work will be completed utilizing the attached General Conditions of Agreement or a mutually agreeable contract provided by the City. The fee for our services is listed in the table below; our travel-related expenses are included. Please select the scope of services the City authorizes us to complete.
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Base SCope of Services Professional Fee Authorization
Parking Counts (Summer Weekday) $4,950
Parking Counts (Summer Weekend) $4,950
Parking Count Analysis and Deliverables $10,800
TOTAL BASE SCOPE OF SERVICES FEE $20,700
sECONDARY SCope of Services Professional Fee Authorization
Parking Turnover Counts (Summer Weekday) $6,600
Parking Turnover Counts (Summer Weekend) $6,600
Parking Turnover Analysis $12,000
Manual Count vs. LPR Count Comparison $1,800
GIS Data Input $2,800
TOTAL SECONDARY SCOPE OF SERVICES FEE $29,800
We want to make sure we’re meeting the needs of the City. Should we need to modify our scope to better fit your needs,
please let us know. We have enclosed several examples of the graphic deliverables that could be used to illustrate parking occupancy in addition to the summary report that will be provided. About Walker Consultants
Walker Consultants is a professional services firm that employs engineers, architects, planners and parking-operations and technology specialists who deliver customized, knowledge-based services relating to forensic restoration and building envelope restoration engineering, parking and mobility planning, parking operations and technology consulting, and parking facility design. Founded in 1965, we are the leading and largest firm of our kind, employing more than 325 professionals across the US. Our clients largely consist of building owners including airports, colleges and universities, cultural and entertainment uses, hospitals, municipalities, and real estate developers. WALKER'S PLANNING AND OPERATIONS & TECHNOLOGY PRACTICE
Walker Consultants’ Planning and Operations & Technology practice exists in support of the following goals:
• To make it easier for people to access their destination;
• To support transportation mode choice;
• To optimize parking and transportation customer service and bottom lines;
• To promote recreational opportunities and public health;
• To improve quality of lives through economic growth and built environments that
work for people.
Toward this end, this practice provides the following services:
• Parking, mobility, and curbside studies and plans, including the impacts of
Transportation Network Companies, e.g., Uber, Lyft, etc. and autonomous vehicles;
• Transportation demand management studies and plans;
• Parking right-sizing, allocation, and pricing strategies;
• Parking facility operational audits;
• Operations consulting for parking facilities and on-street parking;
• Parking Access and Revenue Control System and Automated Parking Guidance
System designs;
• RFPs that help owners contract for commercial parking operator services; and
• Parking facility and system financial feasibility studies and due diligence, including
studies to inform prospective parking system monetization.
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Services are delivered by professionals with deep experience in urban planning and mobility, parking and transportation operations, and parking access and revenue control technologies. Your Project Manager
Your project manager and point of contact for this planning effort is Andrew Vidor, Walker’s Director of Planning. Andrew has a bachelor’s degree in Civil Engineering, with an emphasis in transportation. He has been in the industry and with Walker for over 17 years and is located in our Denver, Colorado office. His subject matter knowledge has been published in notable trade magazines and he is a regular presenter at industry conferences across the US multiple times a year. Andrew has personally delivered over 50 parking study/consulting engagements to municipalities across north America and the Rocky Mountain west. Andrew leads a team of individuals responsible for the delivery of over 60 mobility studies in the mountain region annually. This includes projects for a wide array of agencies including municipalities, resorts, institutions, healthcare, airports, commercial developments, and transit agencies. Andrew has been working with the City for several years on preliminary financial analysis for new parking facilities the City is considering. We appreciate the opportunity to continue serving you and are looking forward to beginning this effort soon. Sincerely, WALKER CONSULTANTS
Andrew J. Vidor Director of Studies Enclosures General Conditions of Agreement for Consulting Services AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the
terms contained herein, and to confirm your authorization for us to proceed
city of bozeman
Accepted by (Signature)
Printed Name
Title
Date
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70
general conditions of agreement
SERVICES
Walker Consultants (“Walker”) will provide the CLIENT professional services that are limited to the work described in the
attached letter (“the services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents
supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments
of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s specific written consent will be at CLIENT’s sole risk.
PAYMENT FOR SERVICES
Walker will submit monthly invoices based on work completed. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT agrees to pay Walker a monthly late charge of one and one half percent (1½%) per month of any unpaid balance of the invoice. STANDARD OF CARE
Walker will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. Walker’s liability caused by its acts, errors or omissions shall be limited to the fee.
Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the CLIENT.
Walker will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT.
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70
Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021
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Example graphics to illistrate parking occupaancy and turnover Study Area Map
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70
Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021
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Parking Occupancy
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70
Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021
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Vehicle movment analysis
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70
Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021
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Parking Lengh of Stay
DocuSign Envelope ID: EBFBE811-DC10-42FE-8C35-4E0481E6AC70