HomeMy WebLinkAboutD3 Impact Fee Contract Update
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
SUBJECT: Water and Sewer Impact Fee Update Contract Amendment
MEETING DATE: Monday, November 13th 2006 at 6:00 PM.
BACKGROUND: The City has undertaken an update to its impact fee program. Part of this effort
is an update to the Water and Sewer impact fee cost of services studies. A contract has been signed
with HDR for these services. Since the original contract was prepared the City has revised its
contract language for indemnification. HDR wishes to amend the current contract to reflect the new
language. Staff has considered this request and believes it to be reasonable.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission authorize amending the contract to reflect
updated indemnification language.
FISCAL EFFECTS: No fiscal effects are anticipated from this action.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Contract Amendment Number 1
The City of Bozeman, P.O. Box 1230, Bozeman, MT (“City”) and HDR, 1715 South
Reserve Street, Suite C, Missoula, MT (“Consultant), collectively the (“Parties”) entered
into a contract dated June 13, 2006 for the Consultant to furnish specific services of a
professional planning and financial nature (the “Contract”)
WHEREAS, the Parties are in the process of negotiating a contract for the Consultant to
provide professional planning and financial services to develop Fire Impact Fees (the
“Fire Impact Fee Contract”);
WHEREAS, the Parties have mutually agreed to terms and conditions in the Fire Impact
Fee Contract that are different than the terms and conditions in the Contract;
WHEREAS, the Parties agree that the terms and conditions in the Contract should be
consistent with the terms and conditions of the Fire Impact Fee Contract;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Parties agree as follows:
1. Under AGREEMENT, the phase “Street impact fee study” shall be replaced
with “Water and Sewer Rate and Impact Fee Study”
2. Article 7. INDEMNITY shall be replaced in its entirety with the following:
“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.”
IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year as
written.
Consultant CITY OF BOZEMAN
By: _________________ BY: ____________________
Title: ________________ Chris Kukulski, City Manager
Date: ________________ Date: ___________________
Attest
___________, Clerk of Commission
__________________________