HomeMy WebLinkAbout15- KLJ for Professional Services related to Neighborhood Conservation Overlay DistrictPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is Made and entered into this A- day of 2015, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized
and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as "City," and, KU, with a mailing address of 1982 Stadium Drive, Ste.3,
Bozeman, MT 59715, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment "A" and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the 31St day of October, 2015.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in a Scope of
Services (Attachment A). Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written
request by the City, and will become an additional charge over and above the amount listed in the
Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this
Agreement, the Scope of Services, and with all local conditions and federal, state and local laws,
ordinances, rules, and regulations that in any manner may affect cost, progress or performance of
the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and
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ability 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.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an
employee of the City for any purpose. Contractor is not subject to the terms and provisions of the
City's personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Contractor is not authorized to represent the City or
otherwise bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers' compensation coverage for all members and employees
of Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated
with such problems or disputes.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor's normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold
harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of an expert witness and consultants),
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losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard
to the cause or causes thereof or the negligence of any party or parties that may be asserted
against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting
from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents;
or (iii) the negligent, reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not
be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnities'
which would otherwise exist as to such indemnities'.
Contractor's indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should any indemnity described herein be required to bring an action against the
Contractor to assert its right to defense or indemnification under this Agreement or under the
Contractor's applicable insurance policies required below the indemnity shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnity for a claim(s) or any portion(s)
thereof.
In the event of an action filed against City resulting from the City's performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA.
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These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation —statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non -renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor's receipt of notice that any required insurance coverage
will be terminated or Contractor's decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor's Fault-:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and the
Contractor's right to proceed with all or any part of the work ("Termination Notice Due to
Contractor's Fault").
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The City may then take over the work and complete it, either with its own resources or by re -letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled
to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience :
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate this
Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The
termination shall be effective in the manner specified in the Notice of Termination for City's
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing orders
or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be
necessary to preserve, protect, and maintain work already completed or immediately in progress.
C. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the receipt
of the Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby
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expressly waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor
fails to provide such notice, Contractor shall waive all rights to assert such claim.
11. Representatives:
a. City's Representative : The City's Representative for the purpose of this
Agreement shall be Wendy Thomas, Community Development Director, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to James Goehrung as the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that in exigent
circumstances when City's Representative is not available, Contractor may direct its communication
or submission to other designated City personnel or agents as listed above and may receive
approvals or authorization from such persons.
b. Contractor's Representative : The Contractor's Representative for the
purpose of this Agreement shall be J o h n H o w or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required
by this Agreement, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti -discrimination laws,
regulations, and contracts. The Contractor will not refuse employment to a person, bar a person
from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub -
Contractors providing services under this agreement.
1S. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, by any employee or agent engaged in services to the City under this Agreement while on
City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination
without prior approval of the City.
18. Non -Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
19. Attorney's Fees and Costs : That in the event it becomes necessary for either
Party of this Agreement to retain an attorney to enforce any of the terms or conditions of
this Agreement or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and
costs of in-house counsel to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
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24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or written,
made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically
made a part of this Agreement by reference.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA
Chris Kukulski, City Manager
APPROVED AS TO FORM:
By
Greg Sullivan, dozeman City Attorney
KU
CONTRACTOR (Type Name Above)
By
Z
�Z
Print Name:
Print Title•
Professional Services Agreement
FY 2014 — FY 2015
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Scope of Services — Attachment A
KU will conduct the following tasks as outlined in their response to the RFP for Professional Services for
an Evaluation of Bozeman's Neighborhood Conservation Overlay District and its Effect on Affordable
Housing, Urban Renewal, Historic Preservation and Residential Infill.
Task 1— Proiect Initiation and Management
1.1 Kick-off Meeting
The kick-off meeting will finalize the project schedule, confirmation of work sessions and public
meetings, stakeholder interview list and the list of similar cities with successful historic preservation
districts. The meeting will also confirm the results of the recent rental housing survey as well as the
database used to inventory historic structures. This meeting will initiate the monthly invoice and
memos. It is understood that all documents developed by KU's team will be provided to the City's
designated representative at least 7 days before a public meeting and 14 days before a public hearing.
1.2 Project Management
KU's project manager, John How, will schedule weekly updates with City staff and will prepare monthly
invoices with payment schedules attached. KU will also plan to attend a maximum of two meetings for
the each group including the zoning commission, city commission, the Community Affordable Housing
Board (CAHAB) and one meeting with Bozeman Historic Preservation Advisory Board (BHPAB).
1.3 Public Meeting Schedule and Community Outreach
A preliminary schedule of proposed public meeting dates and milestones is provided.
3/26/15 Kick-off meeting with City Staff; scope due as Attachment A
4/6/15 City Council consent for Contract Services with KU; due 3/26/15 for CC packets
4/14/15 First public meeting (City Hall Commission room)
4/23/15 Preservation Board meeting
5/14/15 Intra Neighborhood Council meeting
5/28/15 Second public meeting (Location TBD)
7/10/15 Draft report due to City Staff for initial review
7/31/15 Revised changes due back to KU from City Staff
8/18/15 Revised report due to Planning Board/Zoning Commission
8/27/15 Third public meeting (Location TBD)
8/27/15 Revised report due to BHPAB
9/4/15 All revisions due to KU for final editing
9/16/15 Final report due to City Staff for CC packet distribution
9/28/15 Presentation to City Commission on final recommendations
10/30/15 Project close out
The first public meeting is designed to provide an understanding of the project background, scope,
timeline and anticipated project deliverables. It is anticipated this meeting will be held in conjunction
with a regularly -scheduled BHPAB or CAHAB meeting. Rental Housing Survey results will be presented at
the first public meeting if available. If the results are not readily available prior to three weeks to the
meeting date, the results will be presented at the second meeting.
KU will hold two additional public input meetings (for a total of three meetings) throughout the process
and may combine public input meetings with scheduled zoning commission meetings. Input on what
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regulations/codes need to be revised will be collected at the second meeting. The third meeting will
outline proposed changes to design guidelines, development standards and NCOD regulations that City
staff deem appropriate. A public hearing to the City Commission regarding the evaluation of NCOD and
proposed changes to UDC will occur as the final step before project closeout.
Items associated with this task also include initial community outreach elements such as establishment
of media protocols and announcements. All project schedules and documents will be available on the
City's website. City staff is responsible for reserving all meeting rooms for meetings and sending out
notices to appropriate media outlets. KU is responsible for preparing all media notices.
Task 2 — Review Existing Documents, Historic Inventory, Census Data and Rental Housing Survey
2.1 On-site Evaluation of NCOD
KU will coordinate with City staff for the on-site evaluation of neighborhoods within NCOD and identify
best practices for attached and detached ADUs during a one -day tour. Our team will also take pictures of
ideal design elements and infill projects within NCOD as potential examples to include in our NCOD
evaluation.
2.2 Regulation Review
KLJ will review existing NCOD residential districts and related standards as identified in Chapter 38 of the
UDC. We will review staff files of approximately 20 infill projects and ADUs as well as review NCOD
census trends and historic inventory data. The data will be used to prepare an evaluation of NCOD and
will list items that have worked and those that hindered properties. We will objectively evaluate
whether NCOD is working to achieve its original goals and whether NCOD should continue as is, move
forward with modifications or cease altogether.
2.3 Review of City of Bozeman Rental Housing Study Results
KLJ will review the recently -completed Bozeman Rental Housing Survey and coordinate with staff on
other issues causing affordability to move outward from NCOD including data from the National Realtors
Association and other documents from a literature review. KU will compile up to three different
literature review articles on affordability in historic preservation districts for analysis.
2.4 GIS Analysis of Vacant Properties in NCOD
KU will conduct an infill analysis of a portion of vacant properties within the NCOD. KU will require
access to City of Bozeman GIS files for preparing such analysis and related property tax and valuation
information. A GIS map will be created showing the properties where the land is more valuable than the
structure that occupies the parcel as well as all vacant parcels within the NCOD and their associated
costs. It should be noted that not all properties will be mapped within the NCOD unless the City of
Bozeman has complete GIS files.
2.5 Census Data and Property Value Research
KU will utilize US Census data and ACS data to analyze housing trends within the NCOD. We will also
utilize information obtained from the National Association of Realtors, SWMBIA and Gallatin Association
of Realtors on housing and property valuation within the NCOD. A preliminary analysis will be prepared
on housing valuations and compared against the recent results of the City's Housing Affordability Study.
Task 3 — Best Practices and Code Revisions
3.1 Best Practices — Comparable Communities
KU will review historic preservation and conservation overlay district regulations used in three (3)
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comparable communities. These may include incentive-driven regulations (e.g. density bonus) for
certain design elements used, a simpler COA process, inclusionary housing regulations (with multiple
levels), design characteristics and commonalities of character usually associated with formally
recognized districts, streetscape and massing elements (setbacks, landscaping, lot coverage)
Three best practice communities will be evaluated. Wherever practicable, local governments using the
best practices will be contacted directly, and a summary of best practices and pitfalls for administering a
historic district that encourages infill development will be provided.
3.2 Best Practice Evaluation
KU will test the performance of the best practice prototypes identified in 3.1, including the City of
Bozeman's current regulations. Prior to Task 3.1, KU will meet with the City to confirm which practices
will be tested for applicability within NCOD. The results will be screened for a number of factors
including the ability to incentivize preservation of historic structures or renovations of deteriorating
homes, the simplicity or complication of the review, ease of implementation/enforcement and potential
to increase affordable housing.
3.3 Code Revisions
KU will compile a list of all proposed changes to UDC that will impact design guidelines, development
standards and incentives to stimulate infill redevelopment. Possible revisions include setback and
Federal Acquisition Regulation (FAR) standards, building heights, material selection,
streetscape/la ndscaping elements and neighborhood characteristics (steeple roofs, front porches,
cobbled front-door sidewalks and front yard fencing). The proposed changes will be formatted to fit into
UDC, Chapter 38, Article 16. We expect multiple drafts to be reviewed by the City to make sure our team
has captured all relevant changes to be incorporated into UDC.
3.4 Illustrative Examples
KU's team will prepare illustrative examples via photos or drawings of successful projects and
implementation measures. We will prioritize examples from Bozeman followed by similar communities
in the Mountain West region. Our team will also update the historic buildings inventory forms and
related application materials including COA documents to make sure City staff are capturing information
from property owners and contractors on the intent of new code revisions. Illustrative examples will be
photos and computer generated drawings.
Task 4 — Findings and Draft Report
4.1 Draft Report
The draft report will provide recommendations regarding NCOD's effectiveness, what alternatives might
exist for improving NCOD or striking it from UDC and recommended code changes and review
procedures that should be implemented if NCOD is to continue. The draft report will also contain
relevant changes for reviewing and processing infill and ADUs depending upon the zoning district,
property attributes and permitting processes (COA, by right, conditional uses). KU will prepare an
update to the historic inventory as well as include the mapping data from Task 2.
Once complete, KU will work with City staff to present the draft report for public review to the Historic
Preservation Board regarding the proposed code changes and implementation of the NCOD. Upon input,
KU will summarize comments and prepare a final document for approval. We will also provide
recommendations on alternatives to existing and potentially new or revised regulations and policies
addressing provision of affordable housing in NCOD.
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Task 5 — Final Report
5.1 Final Report
The final report will reflect input received during Task 4 and will be presented at one public meeting
before the City Commission. The public will be notified of the meeting and have access to related
documents through the City's website. Media outlets will be notified well in advance.
5.2 Final Report Changes
Any changes made during the final public hearing will be incorporated into the document, and the Final
Report will be delivered to the City by October 30, 2015.
Deliverables
The KU team acknowledges that two hard copies and a PDF version of all preliminary and final drafts will
be provided to City planning staff, that all documents will be provided at least 14 working days prior to
any public hearing or meetings with the City Commission in an electronic format approved by the City;
and that all work submitted will become property of the City of Bozeman.
Statement of Non-discrimination — Attachment B
Each entity shall include a provision requiring submitting entity to affirm in writing 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 and recognizing the
eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatment or proposer's employees and to
all subcontracts.
KU 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 and recognizing the eventual contract will
contain a provision prohibiting discrimination as described above and this prohibition on
discrimination shall apply to the hiring and treatment or bidder's employees and to all subcontracts.
Name and title of person authorized to sign on behalf ofssubmitter