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HomeMy WebLinkAbout12- Clarion Associates Professional Services Agreement for the NSURB planning servicesPROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES This Agreement is made this?-6 day of�i'c6f, 2012, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ( "City "), and CIarion Associates, LLC, 401 Mason Court, Suite 101, Fort Collins, CO 80293 ( "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 Assistant Planner, Keri Thorpe, as the representative to administer this contract. D. Articles 1, 2, 5 and 14 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; preparation of a new N. 7`h Avenue zoning district, remedies for discrepancies between the District Plan and Bozeman Area Transportation Plan, 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 accepted standards and practices of the field of planning. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the Work possible. Article 1. CONTRACT TIME. The Work will be completed within 180 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 CONSULTANT for performance of the Work in accordance with the Contract Documents the total sum (subject to adjustment as provided in the Contract Documents) of Twenty thousand Dollars ($20,000). CONSULTANT recognizes that the total sum is the aggregated amount for all services described in the scope in Attachment A. 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 CONSULTANT upon submittal of monthly invoices. Remaining Payment will be provided by OWNER to CONSULTANT upon completion of the entire Work. Payment will not exceed 75% of the contract price prior to delivery of the final 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. CONSULTANT'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONSULTANT makes the following representations: 4.1 CONSULTANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and Iocal 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 CONSULTANT 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, defend 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, defend 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 treatment as a "work made for hire "; CONSULTANT is an independent Contractor 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 greatest extent possible 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. To the extent that CONSULTANT'S work is not properly characterized as a "work made for hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the right and license to 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 of the 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 CONSULTANT 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. NON - DISCRIMINATION CONSULTANT 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 in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of CONSULTANT'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Article 13. 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 14. 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 S T NT By: Matt Goebel, AICP Partner and Vice President CITY OF BOZEMAN By: (2 9'1�- a. 7j L k �\ Chris Kukulski, City Manager ATTEST: Stac 1 efi),&y, 1883 ATTACHMENT A "Scope of Services" Scope of Services Unified Development Code Amendments N.7 1h Avenue Urban Renewal Board October 23, 2012 This section presents our proposed approach to this assignment, which is generally in accordance with the Request for Qualifications. The scope generally outlines a series of tasks, subtasks, and anticipated deliverables for the preparation of a new N. 7`h Avenue zoning district, remedies for discrepancies between the District Plan and Transportation Plan, and changes to design standards and review processes. TASK 1— PROJECT INITIATION- 5 HOURS Purpose and Discussion: The team will work with Urban Renewal staff to collect and review relevant information and schedule initial events and meetings. Consultant team members will review applicable policy documents, regulations, and recent proposed development plans, as identified by NSURB and City staff. This process will allow us to better understand key issues the NSURB wishes to address and to develop ideas about how the Draft 7th Avenue Zoning District will be used to positively direct change and define the character and image of future development within the corridor and between the different land use categories. Deliverables: ■ Assist staff in determining key stakeholder list TASK 2— ISSUES IDENTIFICATION /CHARACTER ANALYSIS- 32 HOURS CLARION TRIP l Purpose and Discussion: The team will work to establish a clear understanding of existing conditions and character within each of the land use categories, as well as an understanding of specific issues and opportunities to be addressed by the Draft 7th Avenue Zoning District Code. We will also work with area property owners, developers and other key stakeholders to gather feedback and build a solid foundation for highlighting the potential gaps within the City's existing Unified Development Code and procedural issues that need to be addressed. Subtasks: 2.1— Character Analysis/Issues Identification The consultant will conduct field work with staff to gain an understanding of each land use category's key characteristics and to identify potential issues to be addressed by the Draft 7th Avenue Zoning District Code. As part of this task, the consultant will conduct a photographic inventory to document key issues and opportunities identified during a staff-guided tour. Frequently negotiated project elements related to land development, and specific issues related to each of the Iand use categories will be reviewed and discussed with City staff during the tour. Information generated from the field tour will be synthesized into a presentation format that will be used as the foundation for the Stakeholder Meetings, below. 2.2 — Stakeholder Meetings and Virtual Corridor Tour The consultant will conduct one -on -one or small group meetings with project stakeholders, which might include members of the local business community, NSURB, City staff, and the general public. The purpose of the stakeholder meetings will be to review the results of the Character Analysis and Issues Summary and to identify additional issues or goals to be addressed by the Draft 7th Avenue Zoning District Code. Meetings will be held at a venue along the corridor. To help familiarize participants with the study area constraints and opportunities, the consultant will give a "virtual tour" of the area study area using GoogleEarth and will also provide a map to stakeholders with the meeting invitation suggesting a self- guided tour route. The results of the stakeholder meetings will serve as a framework for the development of the Diagnostic Summary Memo during Task 3. Deliverables: • Character Analysis and Issues PowerPoint Presentation • Stakeholder Meetings • Stakeholder Meeting Summary Notes TASK 3 —CODE DIAGNOSIS- 34 HOURS Purpose and Discussion: The consultant will evaluate the Bozeman Community Plan (Growth Policy), Urban Renewal District Plan, the Bozeman Design Objectives Plan, the Bozeman Area Transportation Plan, the Design and Connectivity Plan for the N. 7`h Avenue Corridor, applicable sections of the Bozeman Unified Development Code, and other related policies, regulations, and procedures. The evaluation will focus on how these documents support or hinder the realization of the design and community character goals identified in these previous studies for each land use category, and how they address issues and concerns raised through the Stakeholder Meetings. Based on this evaluation, the consultant will prepare a Summary Memo to be used as a tool for discussing the content and scope of the Draft 7th Avenue Zoning District Code. This process will ensure that stakeholders are comfortable with the specific direction of the standards and provide an opportunity for "course correction," prior to investing significant time and resources into the development of a complete draft code. The Diagnostic Summary Memo will provide direction for the preparation of the Draft 7th Avenue Zoning District Code Draft #1. Subtasks: 3.1 — Diagnostic Summary Memo The consultant will prepare a Summary Memo (approximately 5 pages) analyzing existing design standards and guidelines and other related regulations, policies, and practices to determine how they support or hinder the realization of the design and community character goals identified for each land use category that may potentially be addressed as part of Draft 7th Avenue Zoning District and processes. The memo will include a matrix illustrating where general standards can be applied across numerous land use categories and where more specific standards will be necessary to address targeted issues unique to the Corridor and the range of incentives that might be employed. The Summary Memo will provide a written determination that the proposed N. 7th zoning district and sign code for the District conforms to the adopted Bozeman Community Plan (Growth Policy), N. 7th District Plan, Bozeman Design Objectives Plan and Bozeman Area Transportation Plan and provide information that will translate to the recommendations found in Code Draft #1. The Diagnostic Summary Memo will be reviewed by City staff and revised, as necessary prior to presentation to a Joint NSURB/Planning Board Meeting. 3.2 — NSURB Meeting In webinar format, the local consultant will present key findings of the Diagnostic Summary Memo to the NSURB to obtain their comments and feedback and to receive direction on the development of Draft #I of the Design Standards during Task 4. Deliverables: • 5 -page Diagnostic Summary Memo • Webinar presentation to NSURB (using GoToMeeting or similar software) TASK 4— DEVELOP DRAFT #1 DESIGN STANDARDS & TEST ON KEY PARCELS - 65 Hours CLARION TRIP 2 Purpose and Discussion: The consultant will translate feedback received on the Diagnostic Summary Memo generated during Task 3, above, into a complete working draft of the Draft 7th Avenue Zoning District Code. The draft will incorporate substantive changes to the code requirements and procedural changes, based upon the Diagnostic Summary Memo, to ensure that the resulting Draft 7th Avenue Zoning District Code is concise and clear. Subtasks: 4.1 — Develop Draft #1: 7th Avenue Zoning District Code and Public Improvement Requirements The consultant will prepare Draft #1 of the Draft 7th Avenue Zoning District Code for review by project stakeholders based upon feedback received on the Diagnostic Summary Memo. It is anticipated that the standards could address issues such as uses, lot coverage and floor area, lot area and width, setbacks, building height, parking, landscape screening, buffering, transitions between land uses, parking location and design, connectivity between uses, pedestrian circulation, building design and orientation, articulation of building and roof forms, fences and walls, community character, right -of -way acquisition, sign code provisions, procedures, non - conforming designs and uses, incentives, or other issues identified during Tasks 2 and 3. 4.2 — Testing Workshops The consultant will present Draft #1 of the 7th Avenue Zoning District Code at testing workshops with area stakeholders, held in a venue convenient to the corridor, to obtain their comments and feedback and to receive direction on the preparation of a final draft during Task 5. No more than three workshops will be provided (one for each of the corridor segments). Key opportunity sites along the corridor will be identified and hand -drawn tracing paper site plans will be created at the workshops for each opportunity site. In order to speed -up the process during the workshops, the following techniques will be employed: • Site Plans will be created at a large numeric scale to reduce drawing size. • Base mapping will include aerial photography overlaid with property lines. • Templates for parking fields, building envelopes, landscaping, signs and other design elements will be created beforehand, and will be based on Draft 41 of the 7`h Avenue Zoning District Code. • Bozeman design professionals will be invited to the workshop to assist staff and the consultant. 4.3 — NSURB Meeting The consultant will present the "tested" Draft 41 7th Avenue Zoning District Code on key sites at an NSURB Meeting Deliverables: • Draft #17"' Avenue Zoning District Code and Public Improvement Requirements • Conduct up to three testing workshops • Develop a maximum of 6 hand -drawn site plans on tracing paper • NSURB meeting presentation TASK 5 -FINAL CODE /ADOPTION - 34 HOURS Purpose and Discussion: A final draft of the Unified Development Code Standards will be prepared to address feedback received during Task 4 and to ready the document for the adoption process. Following the adoption hearing, the final 7h Avenue Zoning District Code will be produced for distribution. Subtasks: 5.1– Final Draft: N. 7 "' Avenue Zoning District Code The consultant team will prepare a Final Draft of the Design Draft 7th Avenue Zoning District Code that incorporates feedback and comments from NSURB, City staff, and other stakeholders provided during Task 4, as well as any proposed revisions that emerge from public input during Task 5. 5.2 – Recommendation Hearing —NSURB The local consultant representative will present the Final Draft of the Draft 7th Avenue Zoning District Code for consideration of a recommendation to City Council. 5.3 – Adoption Hearing —City Council The local consultant representative will present the Final Draft of the Draft 7th Avenue Zoning District Code for consideration of adoption. 5.4 – Final Draft 7th Avenue Zoning District Code The consultant team will finalize the Code, incorporating any stipulations outlined by the City Council during the adoption hearing. Deliverables: • Final Draft 7th Avenue Zoning District Code and Public Improvement Requirements • Adoption Draft 7th Avenue Zoning District Code and Public Improvement Requirements COST PROPOSAL • Base Fee: $20,000 • Optional attendance at Adoption Hearing by Clarion Associates: $1,200 (in addition to base fee)