HomeMy WebLinkAbout21- Professional Services Agreement - Bozeman Downtown Partnership LLC - Administration and Management of the Downtown Bozeman Urban Renewal District Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2022 Page 1 of 16
Professional Services Agreement
Regarding the Administration and Management of the Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by Commission Resolution No. 3046; and WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by
Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency
would be created and referred to as the Downtown Bozeman Improvement District Board (the
“Board”) pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has
made the finding
prescribed in 7-15-4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233: (1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate;
7-15-4234. Urban renewal agency to be administered by appointed board of commissioners. (1) If the urban renewal agency is authorized to transact business and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of
the urban renewal agency consisting of five commissioners...
WHEREAS, the Downtown Board as the designated Urban Renewal Agency is authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA;
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7-15-4238. Employment of necessary staff. The urban renewal agency or department or officers exercising urban renewal project powers shall be supplied with the necessary technical experts and such other agents and employees,
permanent and temporary, as are required.
WHEREAS, the Board bylaws state “Should a private organization be responsible for program administration, such arrangements shall be made by contract with the City of Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown Bozeman Urban Renewal District.
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 the DOWNTOWN BOZEMAN
PARTNERSHIP, LLC, a limited liability company, with a physical and mailing address of 222
East Main Street #302, Bozeman, MT, 59715, 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 date of its execution
and will terminate on the 30th day of June 2022.
3. Scope of Work: Contractor will provide administrative and management services
to the Board pursuant to the URD FY2022 Work Plan and Budget outlined in the Scope of
Services, Exhibit “A”. 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, Exhibit “A” as the “Downtown Partnership Management Fee”. Any alteration or
deviation from the described services that involves additional costs above the Agreement amount
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3rd August
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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.
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
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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 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
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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
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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.
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
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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 Anna Rosenberry (Assistant City 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.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ellie Staley (DBP Executive Director) 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 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
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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
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
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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 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.
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Scope of Services: Exhibit “A”
Downtown Urban Renewal District (URD)
FY2022 Work Plan (July 1, 2021 to June 30, 2022)
All budgeted investments over $15,000 are documented Structured Parking Informal, Site Plan, Bids $ 750,000 budgeted The URD will continue to invest in planning for additional structured parking downtown. This $750k would fund the informal (schematic) and site plan design work for a specific second parking garage. As noted below this is just a
portion of the “soft costs” associated with constructing a new garage.
Downtown Parking Garage $ 335,000 budgeted The URD will make the annual bond payment contribution for Bridger Park, the downtown parking garage. Downtown Utility Infrastructure Improvements $ 250,000 budgeted This funding will support utility infrastructure improvements such as repairs to poles, pipes,
cables, wires, conduits, etc. The URD Board will be discussing further how to allocate funding to projects.
Downtown Residential Incentive Program $ 200,000 budgeted The purpose of the Downtown Residential Incentive Grant Program is to encourage the creation of more attainable housing units downtown. The Program will reimburse a portion of housing-
related impact fees for qualifying residential projects. Last year the program was revised to
encourage the creation of new smaller studio and one-bedroom residential units as well as residential units that have long-term affordability controls.
Downtown Partnership Management Fee $ 190,0000 budgeted The URD is a member of the Downtown Bozeman Partnership, LLC which serves as the incorporated management agency for all the downtown organizations (BID, DBA, URD). This management fee pays for a portion of the
operating costs of the downtown office in addition to most of the payroll costs of the Executive Director and District Manager positions. North Rouse Streetscape Project $ 182,000 encumbered The URD has been working with the Montana Department of Transportation since 2018 to incorporate the elements of the downtown streetscape into the reconstruction of Rouse Avenue. The current scope includes purchasing the
streetlamps ($85,000), final engineering for streetlamp installation ($17,000 remaining from FY21), and a separate contract to install the streetlamps ($80,000).
Schematic Design (17.5%) = $306,250 306,250$
Design Development (25%) = $437,500 437,500$ 743,750$
Construction Documents (33%) = $577,500 577,500$
Bidding & Negotiation (2%) = $35,000 35,000$
Construction Administration (22.5%) = $393,750 393,750$
Total (100%) = $1,750,000 1,750,000$ Complete design, permitting and construction administration services for a second structured parking facility in Downtown Bozeman,
including architectural, MEP, structural, civil, survey and geotechnical services. Permitting includes the City of Bozeman site plan
application and building permit processes.
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Downtown Plan Transportation Projects $ 25,000 budgeted $ 91,000 encumbered This funding of $25,000 is intended for the study of the transportation concepts in 2019 Downtown Improvement Plan not completed in Part 1 of a scope of work completed by Sanderson Stewart in FY21. In FY21, The URD board approved Part 1 of a scope of work prepared by Sanderson Stewart which will included: 3-lane Main Street configuration with diagonal parking options; bicycle facility improvements on Mendenhall and Babcock; possible new traffic signals on Mendenhall and Babcock; and pedestrian crosswalk improvements. MDT
and COB provided comments to the initial work prepared by Sanderson Stewart. The URD Board will be reviewing this work and make a decision to move forward with Part 2 in FY22. Part 2 (encumbered funds) will include traffic data collection and analysis of the affected intersections and corridors for the extent of the improvements. The scope of work for Part 2 may need to be reconsidered based on the findings
from Part 1 prior to the separate authorization to proceed. Part 2, as currently scoped, has a not-to-exceed cost of $90,590.
DBIP: Alley Enhancement Project $19,000 encumbered(implementation) $ 50,000 budgeted (implementation) $ 45,000 budgeted (planning) The $19,000 of encumbered funds (from FY20) as well the $50,000 budgeted funds are to complete alley
improvements in north alley between Tracy and Black—the parking garage alley—that includes a combination of public art, seasonal planters, pavement treatments, lighting, seating, and landscaping.
The $45,000 is for planning improvements to a new section of alley (TBD) and planning for utility and stormwater management.
Fiber Infrastructure Project $ 110,000 budgeted
The URD continues to invest in upgrades to downtown’s open-source fiber broadband infrastructure and provide grants to defray the costs to connect downtown buildings/businesses to the fiber network. Downtown Infrastructure and Public Realm Plan $ 100,000 budgeted
This URD funding will used to develop an infrastructure and public realm plan with the COB as recommended in the 2019 Downtown Improvement Plan. This plan will Establish a framework for making near term strategic
infrastructure investments that incrementally build to the long term vision, align development and provide a stable path for private investment, while leveraging limited public resources,
enhance Downtown’s identity and ensure that public realm improvements create a visually consistent and sustainable environment, coordinate with city-wide infrastructure plans and projects, and lay out potential state and
federal funding. Downtown Improvement Plan Implementation $ 100,000 budgeted This funding is intended to be available for smaller investments in the implementation of the 2019 Downtown
Improvement Plan objectives. Technical Assistance Grant Program $ 50,000 budgeted $ 45,000 encumbered This program supports current or potential developers, owners, and tenants with technical assistance during the preliminary phases of possible redevelopment projects in the district. This program facilitates navigating code
requirements, preparing for the planning application and approval process, and evaluating historic preservation considerations.
Downtown Design Guidelines $ 85,000 budgeted In FY21 the URD provided $38,750 to City Community Development Department to contract updating historic
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inventories for downtown buildings. This was the first step of developing a set of downtown design guidelines per the 2019 Downtown Plan and 2019 Neighborhood Conservation Overlay District Report. DBIP: Bozeman Creek Project $ 30,000 budgeted (planning) $ 50,000 budgeted (implementation) The URD intends to continue planning for a variety of enhancements to Bozeman Creek as suggested in the 2019 Downtown Improvement Plan with $30,000 of funding. The $50,000 is for creek improvements that could include a combination of public art, education elements, culvert
improvements, furniture (benches, picnic tables), stream restoration, and bank stabilization. North Willson Streetscape Project $ 75,000 budgeted This funding is to construct new streetscape (sidewalk, trees, and lamps) along North Willson adjacent to the South
Willson public parking lot and connect to new streetscape along East Mendenhall adjacent to the Armory Hotel. Professional Services Term Contract $ 75,000 budgeted The intent of this funding is to allow the URD to nimbly respond to needs for professional services in response to unanticipated issues. The professional services will include but not be limited to engineering, architecture, urban planning, parking and fiber consulting.
Alternative Transportation Project $ 75,000 budgeted
This URD funding is to be invested in the planning, design, and implementation of alternative transportation infrastructure potentially including EV charging, car share, bike share, and multi-modal transportation systems as
recommended in the 2019 Downtown Improvement Plan. Streetscape Element Purchases and Maintenance $ 55,000 budgeted The URD will continue to supplement the existing streetscape inventory by purchasing additional historic
streetlamps, trash receptacles, pedestrian benches, tree guards and bike racks. Funding is also available for the ongoing maintenance of the streetlamps, Soroptomist Park, and the North Black Pocket Park.
Streetscape Assistance Program $ 50,000 budgeted
This URD program will provide property owners with partial reimbursement for the installation of streetlamps in accordance with the Downtown Streetscape Plan. The program is designed to support private investment,
redevelopment of property and the improvement of public areas in downtown. Parklet $ 50,000 budgeted A parklet is a sidewalk extension into a parking lane that is used to create additional seating, greenspace and art
opportunities. This is cost-effective tool to provide community space in the downtown core. This funding will be used to research, design and purchase a parklet for use in downtown. Life-Safety Grant Program $ 50,000 budgeted
This URD program provides property owners with partial reimbursement for life-safety code compliance upgrades. The program is specific to the installation of dedicated fire lines connecting a building’s sprinkler system to the
municipal water main. The program has a one-to-one match required of the property owner and a per-project dollar cap of $10,000. Downtown Bozeman Association (DBA) Event Stage $ 50,000 budgeted On March 10, 2020, the URD board approved a DBA request for $50,000 as matching funds to purchase a portable event stage. Because of a variety of factors, not the least being COVID, the DBA did not
purchase a stage in 2020. Subsequently, it should be noted that the previously approved funding was not
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in the FY2021 URD Budget. Streetscape Preliminary Engineering $ 50,000 budgeted This will provide preliminary streetscape engineering on North Willson, West Main, and updates to side streets as needed. Soroptomist Park Planning $ 50,000 budgeted In FY21, the URD partnered with MSU and the CATS Program to develop initial design ideas to transform Soroptomist Park. The next step is to hire a professional firm or team to further the design concepts for the park. Structured Parking Feasibility Analysis $ 35,000 budgeted This funding will provide further feasibility site analysis of potential locations for the construction of structured parking in the downtown district. City Economic Development Specialists $ 33,000 budgeted The URD is committed to partially fund City Economic Development Department Specialists FTE. These employees will work on a variety of tasks directly related to the downtown URD including parking and tax increment financing. Intersection Cable Anchor Repairs $ 30,000 budgeted The URD will continue to invest in the repair of the intersection cable and anchor system as they have in the past. The last engineering assessment was completed in 2017. The intersection cables hold the holiday decorations and over street banners. Wayfinding and Parking Signage Project $ 10,000 budgeted (planning) $ 15,000 budgeted (implementation) This URD funding will assist with developing and to broaden installation of downtown parking signage as recommended in the 2019 Downtown Improvement Plan. Code Amendments $ 20,000 budgeted This funding assists with code consulting on categories such as maximum height in the “core area”, code flexibility Downtown for new and existing buildings (departures, deviations, relaxations) as recommended in the 2019 Downtown Improvement Plan. Employee Paid Parking Permit System $ 20,000 budgeted This funding will be used for planning the potential to update parking on-street policies around pricing, time limits and permits to promote use of on-street parking for visitors and customers. Also to collaborate with business owners on employee policies and incentives for alternative transportation use or off-street parking use as recommended in the 2019 Downtown Improvement Plan.
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Downtown Urban Renewal District FY2022 Budget
Category
Approved
Budget
Income
Starting Cash Balance 3,295,598
Income from TIF 335,000 COB Interlocal Share 1,456,000
Entitlement Share State of Montana 57,050 Interest Income 20,000
Other Income Total Income 5,163,648
Expenses
Operations
DBP Management Fee 190,000 Total Operations 190,000
Infrastructure ImprovementsStreet Furniture and Park Maintenance 25,000
Streetscape--new purchases 30,000 North Rouse Streetscape Project
FY21 Encumbered- Streetlamps (26 qty)85,000 FY21 Encumbered- Phase 1 Construction: Conduit 17,000
FY21 Encumbered-Phase 2 Construction: Lamps 80,000 North Willson Streetscape Project 75,000
Streetscape Assistance Grant Program 50,000 Streetlamp Power Reconfiguration Project -
Alley Improvements 50,000
FY20 Encumbered 19,000 DBIP: Bozeman Creek Improvements 50,000
DBIP: Wayfinding & Parking Singage 15,000 Library Pedestrian Safety Improvements -
Life-Safety Grant Program 50,000 Fiber Infrastructure 100,000
Fiber-Broadband Infrastructure--Grants 10,000 Intersection Cable Anchor Repairs 30,000
DBA Event Stage 50,000 Parklet 50,000
Alternative Transportation Projects 75,000 Total Improvements 861,000
PlanningCity Economic Development Specialist 33,000
Technical Assistance Grants 50,000 FY20 & FY21 Encumbered Funds 45,000
Residential Incentive Program 200,000 Armory Hotel Incentive Encumbered Funds -
DBIP: Transportation Planning 25,000 FY20 Encumbered Part One--Concepts
Y21 Encumbered- Part Two--Data, Analysis, Cost Est 91,000 DBIP: Alley Planning 45,000
DBIP: Bozeman Creek Planning 30,000 DBIP: Soroptomist Park Planning 50,000
DBIP: Code Amendments 20,000
DBIP: Design Guidelines-Historic Inventories -DBIP: Design Guidelines 85,000
DBIP: Downtown Infrastruction & Public Realm Pla 100,000 DBIP: General Implementation 100,000
FY20 Encumbered Main Street Truck Study DBIP: Employee Paid Parking Permit System 20,000
DBIP: Wayfinding Plan & Parking Singage 10,000 Utility Infrastructure Improvements 250,000
SILD & Streetscape Engineering -Structured Parking Feasibility Analysis 35,000
Structured Parking Informal, Site Plan, Bids 750,000 South Wallace Asbestos Project -
Professional Services Term Contract 75,000
Streetscape Preliminary Engineering 50,000 Total Planning 2,064,000
Parking Structure
Garage Bond Payment 335,000 Total Parking Garage Payments 335,000
Total Expenses 3,450,000
Balance 1,713,648
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