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HomeMy WebLinkAbout10-22-07_Authorize City Manager to sign the Consultant Agre_9 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager SUBJECT: Authorization for the City Manager to sign a professional services contract with Alta Planning + Design to provide additional Safe Routes to School consulting services as recommended by the Bozeman Area Bicycle Advisory Board (BABAB). MEETING DATE: October 22, 2007 BACKGROUND: The BABAB is in full support of the Bozeman Area Safe Routes to School program (SR2S). The Board believes a safe environment and a multi-modal approach to transportation is paramount for the children of our community. These young citizens will no-doubt shape our direction as we move towards greater acceptance and use of bicycling and walking in the future. They will be able to live healthy lifestyles and enjoy all the benefits of a balanced transportation system. The City of Bozeman, in conjunction with School District #7, has recently put together a well thought out proposal for a comprehensive approach which meets the needs of all elementary schools within the Bozeman area. The plan will identify much needed improvements in many aspects of getting children of all ages to and from school, including routes and crossings. The SR2S program will also complement our Greater Bozeman Area Transportation Plan, which is relied heavily upon during the entire planning process. The BABAB believes that a thorough analysis of the system as a whole will provide invaluable information towards future decisions concerning capital expenses. Therefore, the Board recommends utilizing $9,405 of our “Bike Route Network” funding towards the above mentioned proposal. RECOMMENDATION: Authorize the City Manager to sign a professional services contract with Alta Planning + Design to provide additional Safe Routes to School consulting services paid for with $9,405 allocated by the Bozeman Area Bicycle Advisory Board through the “Bike Route Network” fund. 42 FISCAL EFFECTS: FISCAL EFFECTS: The funding source for this portion of the SR2S project is the Engineering Department’s FY08 General Fund allocation for bike paths. The balance after the $9,405 allocation to SR2S is $40,595. ALTERNATIVES: As directed by the Commission. Respectfully submitted, _____________________ ________________________ Brit Fontenot, Assistant to the City Manager Chris Kukulski, City Manager Attachments: (1) Bozeman Area Bicycle Advisory Board memo (2) Professional services contract with Alta Planning + Design to provide additional Safe Routes to School consulting services (3) Exhibit A, Scope of Services (4) Exhibit B, SR2S Fees and Budget (5) Exhibit C, Alta Planning + Design Rates for Services 43 THE CITY OF BOZEMAN 20 E. OLIVE ~ P.O. BOX 1230 BOZEMAN, MONTANA 59771-1230 BOZEMAN AREA BICYCLE ADVISORY BOARD PHONE: (406) 582-2250 ~ FAX: (406) 582-2263 E-MAIL: bikeboard@bozeman.net MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: BICYCLE AREA BICYCLE ADVISORY BOARD RE: SAFE ROUTES TO SCHOOL FUNDING DATE: OCTOBER 22, 2007 The Bozeman Area Bicycle Advisory Board is in full support of the Bozeman Area Safe Routes to School program (SR2S). We believe a safe environment and a multi-modal approach to transportation is paramount for the children of this community. These young citizens will no- doubt shape our direction as we move towards greater acceptance and use of bicycling and walking in the future. They will be able to live healthy lifestyles and enjoy all the benefits of a balanced transportation system. The City of Bozeman, in conjunction with School District #7, has recently put together a well thought out proposal for a comprehensive approach which meets the needs of all elementary schools within the Bozeman area. The plan will identify much needed improvements in many aspects of getting children of all ages to and from school (including routes and crossings, etc). The SR2S program will also complement our “Greater Bozeman Area Transportation Plan” (which is relied heavily upon during the entire planning process). We believe that thorough analysis of the system as a whole will provide invaluable information towards future decisions concerning capital expenses. Therefore, we (the Bike Board) recommend utilizing a portion of our “Bike Route Network” funding ($9,405) towards the above mentioned proposal. [This amount should be earmarked for the creation of maps for each school (7@$325/each=$2,275) as well as a portion of the planning for two schools (2@$3,565each=$7,130) including Hawthorne (since it will be involved in the proposed Rouse Avenue reconstruction) and the newest school site – yet to be constructed, therefore, presents a wonderful opportunity to plan accordingly from the beginning.] 44 We look forward to working with all parties involved in providing the best solution for the greater good. Please approve this recommendation with the best interest and safety of the next generation of “Bozemanites” at stake. Thank you for your consideration. 45 CITY OF BOZEMAN, MONTANA CONSULTANT AGREEMENT SAFE ROUTES TO SCHOOL ASSESSEMENT SERVICES – ADDITIONAL SERVICES CONSULTANT’S NAME: Alta Planning + Design CONSULTANT’S ADDRESS: 1638 NE Davis Portland, OR 97232 503-230-9862 CITY OF BOZEMAN (hereinafter called “CITY”) has entered into a written contract (hereinafter called the “AGREEMENT”) with ALTA PLANNING + DESIGN (hereinafter called “ALTA”), to provide Safe Routes to School consulting services for the city (hereinafter called the “PROJECT”). CITY hereby engages Alta Planning + Design to perform for CITY certain services in connection with said PROJECT in accordance with this AGREEMENT. CITY and ALTA agree as set forth below: I. SCOPE OF SERVICES ALTA shall provide CITY services specified in Exhibit “A” and in accordance with terms and conditions of this AGREEMENT. The scope of services shall generally be described as performing an assessment of bicycling and walking and traffic safety conditions at elementary schools in Bozeman. The following major tasks will be performed: Item 1. School Improvement Plans will be developed for two Bozeman elementary schools, detailing recommended infrastructure improvements for each school. Item 2. Parent Maps will be developed for all Bozeman elementary schools upon completion of School Improvement Plans. II. SCHEDULE ALTA shall strive to complete the Services in a timely fashion so as to meet CITY requirements according to the schedule that shall be developed during the project kickoff meeting (see Exhibit A, Task 1.1 from original contract). If CITY requests significant modifications or changes in the scope or requests additional services, the time for performance shall be correspondingly adjusted. III. COMPENSATION Compensation for the performance of services rendered by ALTA pursuant to this AGREEMENT shall be in accordance with Exhibit B. The contract amount specified in Exhibit B shall not be exceeded without a written AGREEMENT between ALTA and CITY. 1 46 ALTA may submit invoices to CITY for progress payments not more than once each month. Invoices will be prepared in a form and supported by documentation as CITY may require. Payments to ALTA shall be made by CITY within two weeks of receipt by CITY of invoice for services performed. IV. INSURANCE COVERAGE ALTA maintains: (a) worker’s compensation and employer’s liability insurance in accordance with requirements of the state in which the Services are being performed; (b) comprehensive liability insurance (including contractual and contractor’s protective liability coverage with combined single limits of $1,000,000 per occurrence for bodily injury and property damage; (c) automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage; and (d) professional liability insurance in the amount of $2,000,000 per claim ($8 million aggregate). Upon reasonable notice, ALTA shall provide copies of the certificates of insurance necessary to demonstrate appropriate insurance coverage, including but not limited to commercial general liability, worker’s compensation, disability and, where applicable, professional liability coverage. V. OWNERSHIP OF DOCUMENTS All documents produced by ALTA pursuant to this AGREEMENT are instruments of service and shall remain both CITY’s and ALTA’s property. ALTA shall provide CITY with reports, maps, and plans detailed as deliverables in Exhibit A, in electronic and/or hard copy format as specified in Exhibit A. Documents or electronic materials provided to CITY are for CITY’s use only, for the purposes disclosed to ALTA, and CITY shall not transfer them to others or use them or permit them to be used for an extension of Services or any other project or purpose for which they were not prepared, without ALTA’s express written consent. CITY and ALTA agree to indemnify and defend one another for any unauthorized use of any document or electronic materials. VI. TERMINATION This AGREEMENT may be terminated by either party upon not less than seven (7) days written notice should the other party substantially fail to perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. CITY’s failure to make payments when due for Services and expenses shall be deemed a material failure permitting ALTA to terminate this AGREEMENT. In the event of termination of this AGREEMENT, ALTA shall be compensated for Services performed and expenses incurred prior to the date of termination along with all reasonable and necessary expenses attributable to such termination. VII. SUSPENSION If ALTA fails to receive payment when due for Services and expenses, ALTA may, upon seven (7) days written notices to CITY, suspend performance of the Services without further notice. Upon a 47 suspension of Services, ALTA shall have no liability to CITY for delay or damage caused by such suspension. VIII. ADDITIONAL SERVICES ALTA may be engaged to perform any additional services with a fully executed and authorized Additional Services Authorization that has been signed and approved by CITY and ALTA, with rates and expenses per Exhibit C. IX. USE OF SUBCONSULTANTS ALTA may use independent professional associates, consultants or subcontractors in the performance of a portion of the Services. X. THIRD PART BENEFICIARY The Services to be performed by ALTA are intended solely for the benefit of the CITY. No benefit is conferred on, nor any contractual relationship established with any person or entity not a party to this AGREEMENT. No such person or entity shall be entitled to rely on ALTA’s performance of its Services hereunder. No right to assert a claim against ALTA, its officers, employees, agents or consultants shall accrue to any third party as a result of this AGREEMENT or the performance or non-performance of ALTA’s Services hereunder. XI. NO CONSEQUENTIAL DAMAGES In no event shall either party to this AGREEMENT be liable to the other party for consequential or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of CITY. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including ones arising out of any breach of warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to the performance or non-performance of the contract by CITY/ALTA. XII. ELECTRONIC MEDIA Data, words, graphical representations and drawings that are stored on electronic media such as computer disks and magnetic tape, or which are transmitted electronically, may be subject to uncontrollable alteration. CITY and ALTA agree they may only justifiably rely upon the final hardcopy materials supplied by the consultant at the completion of each task. XIII. AMENDMENTS This AGREEMENT may be amended, modified or supplemented only by written instrument. 3 48 XIV. COMPLIANCE WITH LAWS, CHARTERS AND ORDINANCES, ETC. ALTA, its consultants, officers, associates, agents and employees, shall comply with current applicable Federal and State laws, the Charter and Ordinances of the City of Bozeman, and with current applicable rules and regulations promulgated by local, State and National boards, bureaus and agencies. XV. NO WAIVER No waiver by ALTA or CITY of any power, right or remedy hereunder or under applicable law with respect to any event or occurrence shall prevent the subsequent exercise of such power, right or remedy with respect to any other or subsequent occurrence. XVI. SEVERABILITY AND REFORMATION Any provision or part thereof of this AGREEMENT held to be void or unenforceable shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this AGREEMENT shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. XVII. NOTICES All notices, communications and reports required or permitted under this AGREEMENT shall be personally delivered or mailed to the respective parties by depositing same in the United States Mail at the addresses shown below, unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of five days from mailing. If intended for CITY, to: If intended for ALTA, to: Chris Kukulski Mia L. Birk City Manager Principal City of Bozeman Alta Planning + Design PO Box 1230 1638 NE Davis Street Bozeman, MT 59771-1230 Portland, Oregon 97232 XVIII. INDEMNIFICATION The CITY shall indemnify ALTA, its partners, officers, directors, agents and employees from all claims, damages, losses and expenses including reasonable attorney’s fees, arising out of, or in any manner connected with, the performance of the Services and caused by the CITY’S acts, errors or omissions. ALTA shall indemnify the CITY, its agents and employees from all claims, damages, losses and expenses including reasonable attorney’s fees, arising out of, or in any manner connected with, ALTA’S negligent performance of the Services. 49 XIX. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws and decisions of the State of Montana. XX. ENTIRE AGREEMENT This AGREEMENT (including all exhibits attached to and made a part thereof) embodies the complete agreement of the parties, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this AGREEMENT, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this AGREEMENT. XXI. STANDARD OF CARE The standard of care for all professional services performed or furnished by ALTA under this AGREEMENT will be the care and skill ordinarily used by the members of ALTA’s profession practicing under similar conditions at the same time and in the same locality. XXII. REPRESENTATIVES Each party represents and warrants to the other that: 1. It is duly organized and validly existing in the jurisdiction of its organization and has all the necessary power and authority to execute, deliver and perform this AGREEMENT. 2. The execution, delivery and performance of this AGREEMENT has received all necessary partnership, corporate or other approvals, and does not conflict with any law, regulation, order, contract or instrument to which such part is bound. 3. The individual signing on this behalf is duly authorized to execute this AGREEMENT to legally bind such party. IN WITNESS WHEREOF, the parties hereby have entered into this AGREEMENT in duplicate originals on this _____________________ day of ________________________, 2007. By: ____________________________ By: ______________________________ Chris Kukulski, City Manager Mia L. Birk, Principal City of Bozeman Alta Planning + Design PO Box 1230 1638 NE Davis Street Bozeman, MT 59771-1230 Portland, Oregon 97232 5 50 EXHIBIT A: ADDITIONAL SERVICES - BOZEMAN SAFE ROUTES TO SCHOOL SCOPE OF WORK 10-16-07 Bozeman Safe Routes to School Assessment - Additional Services This scope of work continues and builds upon the Safe Routes to School Contract approved by Bozeman City Commission on October 15th, 2007. This scope of work covers tasks to be performed using funds submitted by the Bozeman Area Bicycle Advisory Board. TASK 4: SCHOOL IMPROVEMENT PLAN DEVELOPMENT After the walking audit, School Improvement Plans will be developed for two (2) additional Bozeman elementary schools. Improvement concepts will be shown at a planning level of detail that will be sufficient to develop comparative cost opinions. The Project Advisory Team will be responsible for selecting the two schools (Alta staff will advise the team on this decision if desired). Additional schools can be added to this task through an ‘Additional Services Authorization’ that has been signed and approved by the City and Alta, with rates and expenses per Exhibit C. Likely funding sources include Bozeman Area Bicycle Advisory Board funds and Parent Advisory Councils. Based on the findings from the walking audit, Alta staff will develop up to 10 recommended infrastructure improvement projects within the walking boundary of each school. Improvements will be displayed on a map, listed in table format, described in text, and illustrated through sample graphics. Some improvements may be shown as a graphic illustration superimposed on aerial photographs, as appropriate and as budget allows. Alta staff will develop comparative preliminary cost symbols for each improvement project (displayed as $, $$, $$$). The School Improvement Plan will contain a list of “next steps” towards establishing a comprehensive Safe Routes to School program that includes the “Five E’s” (Education, Encouragement, Enforcement, Engineering, and Evaluation). At least one next step will be provided for each of the “Five E’s.” This portion of the School Improvement Plan is not meant to be a comprehensive SR2S plan but rather will contain recommendations for realistic next steps that can be taken by stakeholders and interested community members in order to build momentum for a Bozeman SR2S program. Alta staff will submit electronic copies of the Draft School Improvement Plans for one round of review from the Project Advisory Team and from participants in the original walking audit. After review by stakeholders, Alta staff will revise, prepare and submit final Safe Routes to School maps and final School Improvement Plans for each of the 2 schools. Alta staff will present the final School Improvement Plans to the Bozeman City Commission, and will invite stakeholders and participants in the walking audits to attend this meeting. Up to ten color copies of the six School Improvement Plans will be prepared for use by the City Commission, the schools and school district, and community advocates. An electronic master copy will be provided on a CD-ROM and/or by FTP transfer, as specified by City staff. 1 51 EXHIBIT A: ADDITIONAL SERVICES - BOZEMAN SAFE ROUTES TO SCHOOL SCOPE OF WORK 10-16-07 Task 4 Deliverables: • Draft School Improvement Plan for each school, including prioritized list of recommended projects, descriptions of each project, and cost opinions (in PDF format) • Final School Improvement Plan for each school (in PDF format) • Presentation and materials for City Commission presentation • Up to ten color hard copies for each of the six School Improvement Plans TASK 6: PARENT MAPS Alta will build upon previous efforts for schools that have Improvement Plans and create Safe Routes to School parent maps of the area within a half-mile walking boundary showing recommended walking routes and dangerous intersections. Trails, traffic signals and marked crosswalks will be identified in addition to on-street routes. These maps will be designed to be a usable tool for parents and children. The maps will be designed in color, but will be usable if printed in black and white as well. Note: Parent maps can only be developed for schools that have had School Improvement Plans developed as part of Task 4. Task 6 Deliverables: • Safe Routes to School parent map for each school in PDF format 2 52 Bozeman SR2S Assessment - Additional Services EXHIBIT B Alta Planning + Design Fee Date 10/9/2007 TASKS Total Mia Birk, principal Jessica Roberts, planner Joe Gilpin, planner Production Assistant Total rate $140.00 $65.00 $65.00 $55.00 TASK 4: SCHOOL IMPROVEMENT PLAN DEVELOPMENT 4.1 Analysis 1.0 10.0 4.0 - 4.2 Public involvement - 3.0 3.0 - 4.3 Mapping - 4.0 - - 4.4 Draft plan preparation 1.0 6.0 3.0 2.0 4.5 Review & revisions - 3.0 3.0 2.0 4.6 Final plan preparation & presentation 1.0 2.0 4.0 - Total Hours - Task 3A 52.0 3.0 28.0 17.0 4.0 Total Fee - Task 4 - per school 3,565.00$ 420.00$ 1,820.00$ 1,105.00$ 220.00$ Total Fee - for 2 schools 7,130.00$ TASK 6: PARENT MAPS 6.1 Analysis - - 2.0 - 6.2 Mapping - - 3.0 - Total Hours - Task 6 5.0 - - 5.0 - Total Fee - Task 6 - per school 325.00$ -$ -$ 325.00$ -$ Total Fee - for 7 schools 2,275.00$ TOTAL FEE 9,405.00$ 1 of 153 Employee Title 2007 2008 Eric Anderson Senior Planner 85 95 Matthew T Benjamin Associate 100 110 Mia L Birk Principal 140 145 Lauren E Buckland Planner 90 100 Elicia A Cardenas Project Assistant 40 45 Thanh Do Admin Asst 65 75 Steven C Durrant Senior Associate 120 135 Joe Gilpin Planner 65 75 Brett A Hondorp Principal 120 135 George M Hudson Principal 135 140 Hagen Hammons Designer 70 80 Michael G Jones Principal 200 200 Matt Lasky Planner 85 95 Jeffrey S Olson Principal 140 155 David Parisi Engineer 150 160 Rory J Renfro Planner 75 85 Jessica Roberts Planner 65 75 Michael W Rose Landscape Architect 85 95 Sherry Ryan Senior Associate 100 110 Philip Sales Senior Associate 115 120 Michael A Tresidder Planner 70 80 Michael Vecchio Senior Associate 140 155 Karen R Vitkay Designer 75 85 Interns 65 75 Data Collection 30 35 Admin 60 70 Web master 60 70 Document Manager 60 70 54