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HomeMy WebLinkAbout07- Professional Services Agreement with Clarion Associates for Planning Services, 2007 ~ PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES This Agreement is made this2 day of Apt 1,2007, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, MT 59771;TMunicipal Corporation of the State of Montana, ("City"), and Clarion Associates, 226 Remington St., Suite 1, Fort Collins, CO 80524 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish specific services of a professional planning nature. B. 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 1,2, 5 and 13 of this agreement allow for revision upon mutual written agreement of the 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 products to include: review and analysis of the City's growth policy, more fully described in Attachment A. Such services and products shall be referred to as the Work. All services described herein are to be performed by Consultant and/or its contractors in accordance with the most commonly accepted standards and practices of the impact fee development field. 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 180 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 Thirty-Six Thousand Eight Hundred Dollars and no Cents ($36.800.00). 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 invoices. Remaining Payment will be provided by OWNER to CONTRACTOR upon completion of the entire Work. Payment will not exceed 60% 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: 4.1 CONSUL T ANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and local laws, growth policies, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 CONSULTANT represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights 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. Article 5. SCOPE OF WORK The Work shall consist of the preparation of the work described in the Scope of Services contained in Attachment "A". If CITY wishes CONSULTANT to perform additional services, CITY shall so instruct CONSULTANT in writing. The performance, cost, and time frame of the additional services shall be subject to mutual written agreement of both City and Consultant. Article 6. INSURANCE CONSUL T ANT agrees to keep in force during the entire period of this Agreement professional liability insurance and such general liability insurance as will protect it and the City from claims, including claims under worker's compensation and other employee benefit laws that are applicable, for bodily injury and death, and for property damage that may arise out of work under this agreement whether directly or indirectly by CONSULTANT, or directly or indirectly by sub- contractors hired by CONSULTANT. Minimum liability limits shall not be less than $1.0 million general liability and $1.0 million automobile liability. CONSULTANT shall provide proof of workers compensation insurance at the State statutory limits, unless CONSULTANT provides an exemption from the State Department of Labor & Industry. The City has the right to require that the City be named as an additional insured under said insurance coverage. Article 7. INDEMNITY Consultant shall indemnify and hold harmless the City, its officers, directors, and employees, against any and all claims, that arise from the negligent performance of the Consultant's work herein described. The obligations of the Consultant to indemnify and hold harmless the City of Bozeman will apply to any suit, cause of action, claim, loss, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising from the negligent acts, errors or omissions of the Consultant. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. Article 8. INDEPENDENT CONTRACTOR " CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. CONSULTANT shall not enter into any contract or commitment on behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly understood that this undertaking is not a joint venture. 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: CONSULTANT'S Work has been specially ordered and commissioned by the City as a contribution to a collective work, a supplemental work, or such other category of work as may be eligible for-tr~~nt as a "work made for hire"; CONSULTANT is an independent contractor and not ~.:..~e:, partner, joint ~ut~or or joint venturer of the CITY; .CONSULTANT'S Work'shall "e~~en}e(Ho be a "commISSIOned work" and a "work made for hue" to the greatest extent possib~rf'~ tl1e law; and the CITY shall have the right to use, execute, reproduce, di~play~ - pe.ftQtrit;--dist~ute internally or externally, and prepare derivative works of the CONSU(UNT.~Work. - - -. - ~.. To the extent that"K;.oNSUL T ANT'S work is not properly characterized as a "work made for hire," .then ~O~tANT shall, at its own expense, cause the CITY to have and obtain the right and license 10 use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works based upon all such works and derivative works thereof and shall provide to the CITY a written license granting the CITY such rights. It is the intent ofthe parties that the specific work subject to said license shall be comprised of text, illustrations, calculations, photographs, and all other works Consultant copies that may belong to third parties for which license for use is required. Article 10. OFFICE RULES CONSUL T ANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article 11. 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 agree to attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County, 18th Judicial District. Article 13. ENTIRE AGREEMENT AND NOTICE This Agreement contains the 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 sent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. co~~_ By. ~ Title: II' llC.. r.$l ----, CITY OF BO~EMAN~ () 1\ n , By:~A~~ Chris Kukulski, City M~~~r ./~,. "., .- ' "- ~ ..:-'<:- - --- ,- - . . A. Work Plan This work plan is divided into two primary tasks, generally in accordance with the scope outlined in the Request for Proposals. More detail about the total hours anticipated for each sub task is contained in the budget. The tasks include: Task 1. Assess Community Goals and Expectations for the Plan Update o April - May 2007 Purpose: Task 1 focuses in project initiation, gathering data, and gaining understanding of the goals for the project. A. Refine Project Work Plan/Schedule. As the initial step in the planning process, the consultant will work closely with the project manager to refine the project work plan and budget and schedule specific meetings, events, and deliverable dates. B. Collect Data/Review/Prepare Summary. Consultant will gather data and documents from staff, including, but not limited to: . staff's evaluation of existing documents and policies, . the current comprehensive plan, . existing local and state land use regulations, and . current policies and practices regarding land use. Once documents are available, consultant will review all documents and prepare a summary outline of the consistency of plan elements with requirements of state law and local policies. C, Attend Site Visit/Meetings. Consultant will make an initial trip to meet with staff and other community officials to discuss any areas where the plan may require revision to meet the requirements of state law, to understand how the current Bozeman 2020 plan is working, and to discern other community goals for the update. Meetings and events to be accomplished during the initial trip include: . Staff Meetings: Meeting with staff from different departments to discuss the legal issues that need to be addressed and brainstorm about Bozeman community needs that should also be addressed through the Bozeman 2020 Update; . Elected/Appoint Officials Meetings: A joint meeting with elected and appointed officials (Planning Board and City Commission) to inform them about initial findings from the data review, gain understanding of their concerns and goals for the plan update, and to receive coordinated policy direction. If a joint meeting is not possible, the consultant will attend two meetings during the trip. Bozeman staff would be responsible for scheduling meetings. . Stakeholder Interviews: Consultant will participate in up to 1 2 interviews with stakeholders' groups to gauge their impressions of the strengths and weaknesses of the current ordinances, existing policies, and their general expectations of the planning effort. Stakeholders may include citizen/neighborhood representatives, service districts, developers, conservation groups, other key groups as identified by staff. Bozeman staff would be responsible for scheduling meetings. . Tour: Consultant will tour the community to become familiar with existing conditions and growth pressure areas. In particular, consultant will visit areas that have been developed since the 2001 Community Plan update and that are identified by staff as either meeting or not meeting the intent of the plan. Bozeman 2020 Community Plan Update - Clarion Work Plan and Project Budget I Page 1 . . $ It is anticipated that the trip would last one or two days, and that two Clarion staff members would attend. D. Prepare Outline for Plan Summary and Analysis. The anticipated outcome of Task 1 is an initial understanding of the planning influences that will shape the Bozeman Community Plan update and inventory of concerns about the conformance of the current plan with land use laws, internal consistency of goals, and other community goals for the plan update. Clarion will prepare an outline of issues (identified during data review and initial meetings) and analysis to be performed during Task 2. Task 1 Consultant Oeliverables: - Refined Work Plan/Schedule, - Interview Questions, - Materials for Planning Board and City Commission meeting(s), - Summary of Meetings and Interviews, and - Outline of Analysis and Issues. Consultant Trips: One (2 people) Consultant Hours: 141 Anticipated Staff Time and Responsibilities (total 42 hours): - Participate in conference call and review revised draft, - Collect and send data and review draft summary and provide comments. Conference call may be necessary, - Review interview questions, set up interviews and meetings and attend same, and - Review outline and provide comments. Task 2. Prepare and Present Analysis and Recommendations o June-Aug 2007 Purpose: Task 2 will result in an analysis of the existing Bozeman 2020 Community Plan and recommendations for updating the Plan to achieve the community's expressed desires. A. Prepare Staff Draft - Analysis and Recommendations. Working closely with staff and drawing on the input received from community leaders and our experience with and knowledge of national best practices, we will prepare an initial draft of the Analysis and Recommendations for staff review. Based on our preliminary review, some key issues to be addressed during the plan update may include: . Addressing any areas of inconsistency between the 2020 Community Plan and state law; . Recommending best practice policies and techniques to effectively address identified community concerns; . Integrating relevant goals from the current plan, prioritizing them, ensuring internal consistency, and identifying new directions; . Identifying ways to organize better or augment the current Community Plan document to increase its functionality, such as using additional graphics and visual aides. Bozeman 2020 Community Plan Update - Clarion Work Plan and Project Budget I Page 2 ,.. . City staff will be responsible for submitting consolidated comments on this draft. In addition, the consultant proposes to hold a conference call with key project staff to discuss issues, omissions, or cia rifications. B Prepare Public Review Draft - Analysis and Recommendations. After receiving consolidated staff comments, Clarion will update the Analysis and Recommendations document for public review. C. Prepare for and Attend Meetings. The consultant will make a second trip to Bozeman t~ present the Public Review Draft of the Analysis and Recommendations for the Bozeman 2020 Community Plan. Clarion will meet with staff and community leaders to present the draft document and answer questions. Bozeman staff will also be responsible for any additional public meetings and methodologies to solicit public input. Optionally, Clarion team members can be available for such public meetings, or provide support and prepare materials for publication on the web. As part of this task, consultant will participate in the following meetings: . Staff Meetings: As appropriate, consultant will participate in meetings with staff from different departments to review Analysis and Recommendations. . Elected/Appointed Officials Meeting{s}: Consultant will meet jointly or separately with elected and appointed officials (Planning Board and City Commission) to review Analysis and Recommendations. It is anticipated that the trip would last one day and that two Clarion staff members would attend. D. Finalize Analysis and Recommendations for Plan Update. Following these events and feedback, Clarion will incorporate comments into a final Analysis and Recommendations for the Bozeman 2020 Community Plan Update. The analysis and recommendations will serve as the foundation for the remaining steps of the plan update. Task 2 Consultant Deliverables: - Staff Draft - Analysis and Recommendations for Plan Update, - Public Review Draft - Analysis and Recommendations, - Final Analysis and Recommendations for the Bozeman 2020 Community Plan Update, and - Materials for Planning Board and City Commission meeting{s). Consultant Trips: One (2 people). Consultant Hours: 204 Anticipated Staff Time and Responsibilities (total 48-S0hours): - Review all drafts and provide comments, and - Set up meetings and attend same. Bozeman 2020 Community Plan Update - Clarion Work Plan and Project Budget I Page 3 -, .. B. Proiect Budget The following table shows anticipated time for each task set forth in the work plan and associated fees. TASK TOTALS TRIPS BOZEMAN Principal Principal Associate STAFF TIME 160 100 70 Task 1: Project Startup and Asses:ment A. Refine Work Plan Hours 1 2 0 2 a Data RevieYiSUmmarv Hours 8 14 22 10 C. Meetings and Interviews Hours 0 37 37 26 D. Outline of ISIiI.HlSAnalvsis Hours 6 12 2 4 Total Hours 15 65 61 141 42 Fee $2,400 $6,500 $4,270 Travel Exp $700 $700 $1,400 1 (2 people) Task Total $13,170 Task 2: Prepare Analysis and Recommendations A. Staff Draft a Public Draft C. Meetin D. Final Draft 56 14 o 10 80 $5,600 204 12 4 24 8 48 Bozeman 2020 Community Plan Update - Clarion Work Plan and Project Budget I Page 4