HomeMy WebLinkAbout06-25-07 Packet_Authorize City Manager to sign Professional Servic_3Commission Memorandum
Memorandum created on June 20th 2007
REPORT TO: Honorable Mayor & City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Professional Services Agreement for the Bozeman Historical & Architectural
Inventory Update –
Phase I: Initial Scoping Study
Phase II: Bozeman Historic Resource Survey Update & Expansion
CONSENT AGENDA
MEETING DATE: Monday, June 25th 2007
RECOMMENDATION: That the City Commission sign the Professional Services Agreement with
Renewable Technologies Incorporated for Phases I and II of the Bozeman Historical & Architectural
Inventory Update.
BACKGROUND: The original Bozeman Historical & Architectural Inventory was compiled in the mid-
1980s and resulted in the recognition of eight National Register Historic Districts and 40 individual National
Register listings. The effort also eventually led to the establishment of a Neighborhood Conservation Overlay
District in 1990, which includes the eight original Historic Districts. One additional Historic District was
added in 1994 following a subsequent cultural resource assessment of property located to the north of the
Conservation Overlay. Total estimated contributing structures included in the Historic Districts is 700,
including the now 50 total individual National Register listings. Total estimated structures within the
Conservation Overlay, in addition to the Historic District properties, is 4,000. The Inventory exists solely in
paper format, allowing only minor and piecemeal updates to the information on a sporadic basis. No
comprehensive update occurred since its initial completion.
During Bozeman’s immense growth over the past 12 years, historic rehabilitation projects greatly increased in
number and created several inadequacies and unbalances with the Bozeman Historical & Architectural
Inventory. Architectural descriptions are largely outdated, National Register terminology is inaccurate, and
historic research is incomplete or non-existent. The primary purpose of Phase I: Initial Scoping Study is to
investigate the procedures necessary to update the Inventory. The primary purpose of Phase II: “Bozeman
Historic Resource Survey” Update & Expansion is to correct any mistaken information that was included
in the original narrative and to add additional descriptions of the City’s development phases, post-1950.
The City of Bozeman Department of Planning & Community Development and Preservation Office
recognizes the important need to update the original Bozeman Historic and Architectural Inventory, to
ensure the accuracy and efficiency of the design review process, and to potentially improve the process,
within the Neighborhood Conservation Overlay District. Before the Planning Department requests the
update to the City Commission, it desires to perform an initial scoping study to better project the required
budgeted amount required for the update. It also desires to update and expand the c. 1984 Bozeman Historic
Resource Survey to create a current framework for the actual inventory update to follow.
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Commission Memorandum
Memorandum created on June 20th 2007
UNRESOLVED ISSUES: Planning Staff is not aware of any unresolved issues at this time.
FISCAL EFFECTS: Both Phases were budgeted for the Department of Planning & Community
Development and fall within the budget of $12,000.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Allyson Bristor at abristor@bozeman.net if you have any questions prior to the
public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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PROFESSIONAL SERVICES AGREEMENT FOR HISTORIC PRESERVATION AND
CULTURAL RESOURCE SERVICES
This Agreement is made this __ day of ______, 2007, by and between CITY OF BOZEMAN, P.O. Box
1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and Renewable
Technologies, Inc., 511 Metals Bank Building, Butte, Montana 59701 ("Consultant").
RECITALS
A. City desires to employ Consultant to furnish specific services of a professional historic preservation and
cultural resource consulting 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 Director of the Department of Planning and Community
Development as the representative to administer this contract.
D. The City of Bozeman wishes to pursue an Initial Scoping Study for an update to Bozeman’s Historic and
Architectural Inventory (Phase I).
E. The City of Bozeman wishes to update and expand the “Bozeman Historic Resource Survey,” c. 1984
(Phase II).
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;
the creation of a Scoping Study report, and update and expand the “Bozeman Historic Resource Survey,” c.
1984, which is 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 historic preservation and cultural resource consulting
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 140 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 sum (subject to adjustment as provided in the Contract Documents) of Twelve Thousand
Dollars ($12,000). 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.
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In order to induce OWNER to enter into this Agreement, CONTRACTOR 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 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 Work Statement 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, hold harmless and defend the City against any and all claims, at
CONSULTANT’S own expense, arising from the furnishing of services provided for in this contract or
caused by the services described in this contract.
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.
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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, 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. 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.
CONSULTANT
By:__________________________
Mark Hufstetler, Architectural Historian
CITY OF BOZEMAN
By:__________________________
Chris Kukulski, City Manager
ATTEST:
Brit Fontenot, City Clerk
_____________________________
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Attachment A
Scope of Work Statement
Bozeman Historical & Architectural Inventory Update –
Phase I: Initial Scoping Study
Phase II: Bozeman Historic Resource Survey Update & Expansion
Participants:
Mark Hufstetler, Architectural Historian, Renewable Technologies, Inc.
Chris Saunders AICP, Bozeman Department of Planning and Community Development
Allyson Bristor AICP, Bozeman Department of Planning and Community Development
Participant Time Commitment:
Participants are available for required meetings and discussion during the project period and will schedule
accordingly.
Project Title:
Bozeman Historical & Architectural Inventory Update –
Phase I: Initial Scoping Study
Phase II: “Bozeman Historic Resource Survey” Update & Expansion
Project Location:
The necessary research for the project will be conducted within Bozeman, Montana. The focus of the project
is Bozeman’s Neighborhood Conservation Overlay District boundary. Said Overlay District is largely
coterminous with the physical area surveyed in the original Bozeman Historical and Architectural Inventory,
completed c. 1984.
Project Background & Scope:
Background: The original Bozeman Historical & Architectural Inventory was compiled in the mid-1980s
and resulted in the recognition of eight National Register Historic Districts and 40 individual National
Register listings. The effort also eventually led to the establishment of a Neighborhood Conservation
Overlay District in 1990, which includes the eight original Historic Districts. One additional Historic District
was added in 1994 following a subsequent cultural resource assessment of property located to the north of
the Conservation Overlay. Total estimated contributing structures included in the Historic Districts is 700,
including the now 50 total individual National Register listings. Total estimated structures within the
Conservation Overlay, in addition to the Historic District properties, is 4,000. The Inventory exists solely in
paper format, allowing only minor and piecemeal updates to the information on a sporadic basis. No
comprehensive update occurred since its initial completion.
Purpose: During Bozeman’s immense growth over the past 12 years, historic rehabilitation projects greatly
increased in number and created several inadequacies and unbalances with the Bozeman Historical &
Architectural Inventory. Architectural descriptions are largely outdated, National Register terminology is
inaccurate, and historic research is incomplete or non-existent. The primary purpose of Phase I: Initial
Scoping Study is to investigate the procedures necessary to update the Inventory. The primary purpose of
Phase II: “Bozeman Historic Resource Survey” Update & Expansion is to correct any mistaken
information that was included in the original narrative and to add additional descriptions of the City’s
development phases, post-1950.
Scope of Work Statement: The City of Bozeman Department of Planning & Community Development and
Preservation Office recognizes the important need to update the original Bozeman Historic and Architectural
Inventory, to ensure the accuracy and efficiency of the design review process, and to potentially improve the
process, within the Neighborhood Conservation Overlay District. Before the Planning Department requests
the update to the City Commission, it desires to perform an initial scoping study to better project the required
Scope of Work Statement -
Phase I: Initial Scoping Study
Phase II: Bozeman Historic Resource Survey Update & Expansion Page 1 of 3
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Attachment A
budgeted amount required for the update. It also desires to update and expand the c. 1984 Bozeman Historic
Resource Survey to create a current framework for the actual inventory update to follow.
Scope of Work Processes:
The Phase I: Initial Scoping Study shall include an outlined process for updating the Bozeman Historical
& Architectural Inventory. Projected processes include:
1. Estimated time out on the field (hours per day, days per week, # of weeks/months/years)
2. Estimated manpower
3. Estimated pieces of equipment utilized
4. Necessary steps to upgrade the Inventory digitally and
5. Necessary steps to format the digital information to correlate with the City of Bozeman’s GIS system
(ESRI).
The Phase II: Bozeman Historic Resource Survey Update & Expansion shall be an updated and
expanded written narrative of Bozeman’s significant historic resources and phases of development to current
time. Projected processes include:
1. Review of the original Resource Survey document
2. New historic research and expansion to the previous research
3. Corrections to the original document
4. Additions and updates to the original document, and
5. Production of a digital copy of the Resource Survey Update & Expansion.
Please include any additional processes that are deemed essential.
Expected Results & Deliverables:
Expected Results:
1. The investigation shall follow all applicable Montana and Federal preservation standards (egs. The
Montana Certified Local Government Manual, National Register Criteria, etc.).
2. The investigation shall provide an accurate summary and description of the work required to update
the Bozeman Historic and Architectural Inventory.
3. The investigation will include a suggestion on the most efficient way to phase the update process
and the cost estimation of each phase.
4. The investigation will include a brief synopsis of Bozeman’s neighborhoods included within the
Neighborhood Conservation Overlay District, and state whether some areas shall be removed or
whether some areas shall be added.
5. The investigation shall follow standard copyright procedures.
6. The investigation will include corrections to the c.1984 version of the Bozeman Historic Resource
Survey.
7. The investigation will include additional development phases, post-1950, to update and expand the
Bozeman Historic Resource Survey.
Deliverables:
Phase I:
1. Six (6) BW copies of a written report which describes the purpose of the project, methodology
selected, possible scenarios and approaches for a full inventory update, including cost estimation,
priorities and timetables, equipment needs and project management.
2. Six (6) BW copies of a compact disk with all tabulated data, analysis outputs, and final report.
Phase II:
1. Six (6) BW copies of a written summary which describes the purpose of the project, methodology
selected, corrections and additions performed.
2. Six (6) BW copies of a compact disk with the updated and expanded Bozeman Historic Resource
Survey narrative/publication.
Scope of Work Statement -
Phase I: Initial Scoping Study
Phase II: Bozeman Historic Resource Survey Update & Expansion Page 2 of 3
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Attachment A
City Contributions: RTI will be providing staff for the project, as well as a professional consultant who will
oversee staff and ensure proper procedures are followed so the project will accomplish its purpose. The City
of Bozeman will be asked to provide:
1. Funding for the project. The estimated cost for both phases is $12,000 ($2,000 for Phase I and
$10,000 for Phase II).
2. Locations for preliminary meetings.
3. Tours and site visits to the subject area (namely the Neighborhood Conservation Overlay District).
4. Review of current conditions and the Planning/Preservation Office’s review procedures
5. Review of the City of Bozeman’s GIS Department and system.
6. Review of the original, hard-copy, Bozeman Historic Resource Survey document.
7. PDF and scanned TIF copy of the Bozeman Historic Resource Survey document.
8. The contact person is available to review and comment on a draft report when the study is being
written up.
Time Frame:
It is desired that the project be completed in the fall of 2007. Final tabulation and analysis should be
presented to the project sponsor by October 12th 2007 for Phase I and November 16th 2007 for Phase II.
Scope of Work Statement -
Phase I: Initial Scoping Study
Phase II: Bozeman Historic Resource Survey Update & Expansion Page 3 of 3
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