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HomeMy WebLinkAbout06- Professional Services Agreement for Planning Services PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES This Agreement is made this \1 day of ~%06, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and I-IDR ENGINEERING, INC., 1715 South reserve Street, Suite C, Missoula MT 59801 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish specific services of a professional planning and financial nature. H. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out the duties and obligations imposed by the Contract. C. The City of Bozeman designates the Director of Planning and Community Development as the representative to administer this contract. D. Articles 1, 5 and 13 of this agreement allow for revision upon mutual written agreement ofthe parties. AGREEMENT Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services and delivembles to include; updates to the City's Fire impact fee study, more fully described in Attachment A. Such services and delivembles shall be referred to as the Work. All services described herein are to be performed by Consultant and/or its subconsultants in accordance with the most commonly accepted standards and practices of members of the Consultant's profession under similar circumstances, at the same time and locality. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the document possible. Article 1. CONTRACT TIME. The Work will be completed within 270 calendar days after the date of this agreement. The total time may be adjusted at the mutual written agreement of both City and Consultant. Article 2. CONTRACT PRICE. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the total sum (subject to adjustment as provided in the Contract Documents) of Forty-One Thousand One Hundred Twenty-One Dollars and no Cents ($41.121.00). OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement The total sum may be adjusted at the mutual written agreement of both City and Consultant. Article 3. PAYMENT PROCEDURES. Not more than 90% (ninety percent) of Payment will be provided by OWNER to CONTRACTOR upon submittal of monthly invoicos. Remaining Payment will be provided by OWNER to CONTRACTOR upon completion of the entire Work. Payment will not exceed 60010 of the contract price prior to delivery of the initial public review draft of the Work. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 4. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 1 Article 9. GRANT / WORK MADE FOR HIRE To the extent that CONSULTANT'S Work includes any work of authorship entitled to protection under the copyright laws of the United States or elsewhere, the parties agree that: CONSULTANTS Work has been specificalJy performed and provided to the City as a contribution to a collective work, a supplemental work, or such other category of work as may be eligible for treatment as a "work made for hire"; CONSULTANT is an independent contmctor and not an employee, partner, joint author or joint venturer of the CITY; CONSULTANT'S Work shall be deemed to be a "commissioned work" and a "work made for hire" to the under the law; and the CITY shall have the right to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works of the CONSULTANT'S Work. However, the Parties agree that the Work is intended for the purposes as defined in the Scope of Services of this Agreement and the reuse of such "deliverables" or "Work" for any other purpose other than intended under this Agreement shall be at the sole risk of the City and without liability or legal exposure to the Consultant. Any services or materials, data, or other documentation, information or "Work", not defined in the "Works for Hire" or "Deliverables" are Consultant's "instruments of service". Only "Work" or "Delivembles specifically defined in the scope of services shalJ be subject to ownership by the City, with the limitations as revised in herein. Article 10. OFFICE RULES CONSULTANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article 1]. CONFLICT OF INTEREST CONSULTANT shall not offer or give a gratuity of any type to any City employee or agent. Article 12. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event of dispute regarding the terms of this Agreement, the parties afee to attempt mediation of the conflict prior to pursuing litigation. Venue shalJ be in Gallatin County, 181 Judicial District. Article 13. ENTIRE AGREEMENT AND NOTICE This Agreement contains tho entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if Bent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CONSULTANT By:~ Title: wrr ~ -, 3 , ' ~ ......... -.... ~...:- ...../ ~------. . , ".~ .... .... ' ............,.,. "-' - ~~~-- ~- - Mr. Chris Saunders October 17.2006 Page 2 Task i-Initial Project Me.tlng Task Objecdve: Bring HDR and the City together. at the start of the project, to assure that both parties have a mutual understanding of the goals, objectives, issues and concerns related to the study. An initial project meeting is important to the overall success of this engagement since it fonns the foundation for the study process. The initial project meeting is used as a starting point in developing a strong working relationship between HDR and the City. This meeting will allow both parties to discuss the overall goals and objectives for this study, while at the same time identify any issues and concerns that either party may have. The project time schedule will also be discussed dwing this meeting. It is proposed that the initial project meeting be a half-day meeting. DeliverabJes as a Result of Task l-Initial Project Meeting. From the work accomplished above. the deliverables for this task will be as follows: . An understanding of the study's goals, objectives, issues and concerns by both parties. . Face-to-face meeting to get the study off to a positive start. Task 2-Data Review, Assessment and Collection Task Objective: Review the City's existing data, assess it and accumulate the necessary data to conduct the impact fee analysis. The team will begin this task by reviewing the City's codes, practices, procedures, past studies, and the accounting and customer information. From this review, we will develop an initial written data request for the City that details the data and information required to conduct the impact fee study. This data and infonnation should be, for the most part, readily available information (e.g. fmancial, statistical, customer, etc.). For those areas where the data is not readily available, or will require significant labor and expense on the City's part to provide, the team and the City will detennine the "sensitivity" or "importance" of the data required and if alternative data sources are available. As with any study, it is imperative that the City provides a timely response for the data requested. Deliverables as a Result of Task 2-Datll Review, Assessment, and Collecdon. From the work accomplished above, the deliverables for this task will be as follows: . A review of the City's existing data, practices and past studies. . An initial written data request to the City. . Identification of any data constraints. Mr. Chris Saunders October 17, 2006 Page 4 Deltverables as a Result of Task 4-Report Documentation. From the work accomplished above, the delivembles for this task will be as follows: . A draft and final written report. Task 5-0rdlnance Assistance Task Objective: Assist in the development of the ordinance required by Montana law. HDR as part of this task will work with the City attorney to develop an ordinance or resolution for enactment of the impact fees which meet the requirements of Montana law. HDR role will be to provide the required information as set forth in Section 2 of SB 185 and review the ordinance. Deliverables as a Result of Task 5-Ordlnance Assistance. From the work accomplished above, the deliverables for this task will be as follows: . Assistance in the development of the impact fee ordinance or resolution. Task 8-Meetlnga and Pre.entatlons Task Objecdve: Provide for meetings and public presentations of the findings, results and recommendations of the impact fee study. A requirement of the new Montana impact fee law is that an Impact Fee Advisory Committee be established. The Impact Fee Advisory Committee is charged with reviewing and monitoring the process of calculating, assessing and spending of impact fees. Given that these will be fees for the City implemented under the new Montana law, HDR believes that this portion of the study is critical to the overall project success and gaining support for the implementation of the fees. The process will assure public <<buy-in" to the impact fee development process. Three (3) meetings with Impact Fee Advisory Committee have been assumed. The purpose of the meetings is to educate the Committee. while discussing each of the fees. As currently envisioned, the four Committee meetings will cover the following topics. . Meeting 1 - Review each of the systems and the impacts of growth on the system . Meeting 2 - Review the draft impact fees and gain Committee feedback . Meeting 3 - Determine the Committee's recommendations to the City Council on the proposed fees HDR has also planned on two (2) public presentations to the City Council. Any additional meetings requested by the City would be billed on a time and materials basis. Mr. Chris Saunders October 17, 2006 Page 6 He has extensive experience in dealing with cities and will assist in the presentation ofthe results of this study to the City. Randy is located in our Portland office. Recent projects for which Randy has served as the project principal include: . City of HiJIsboro, Oregon-water SDC update . City of Klamath Falls, Oregon-water. wastewater and parks SDC development . City of Kalispell, Montana-water, wastewater and storm water. fire. police and transportation impact fee development . City of Oregon City, Oregon-water and wastewater SDCs . City of Sunrise Water Authority, Oregon-water and wastewater SDCs . City of Wilsonville, Oregon-street SDCs Eric Christenson - Financial Analyst Eric Christenson will provide the bulk of modeling and cost analysis needed for the City's study. Eric is higWy experienced in working with public utility financial information. Prior to joining HDR. Eric worked at a mWlicipal utility as a fmancia1/budget analyst. Since joining HDR, he has worked on a number of water and sewer financial planning and rate projects. He is currently working with the Hanover County (Virginia) Department of Public Utilities on a comprehensive water and sewer mte study. Eric is located in HDR's BeUevue office. Project Fee Estimate HDR proposes to bill the City for this project on a time and material basis. The project fee estimate and associated billing rates and expenses are provided in Table 1.