HomeMy WebLinkAbout15- Makers for Update of the Unified Development CodePROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this day of V 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, , 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 51 day of jUTA fZC-H , 201-.
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. 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.
S. 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 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.
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), 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.
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"). 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
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(insert job title) 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 :Fk* i��9�=Ci>�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.
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.
15. 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.
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.
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 ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
By
c"A2
Chris Kukulski, City Manager
APPROVED AS TO FORM:
By
Greg Sullivan, Bozeman City Attorney
CONTRACTOR (Type Name Above)
Print Name:
Print Title:
Title:
-FA�C?M-q iz��
ATTACHMENT "A"
SCOPE OF SERVICES
Professional Services to Update and Amend Chapter 38,
Bozeman Municipal Code, Unified Development Code
August 10, 2015
Preamble
The purpose of this code update is to implement the recommendations of the City's adopted
Comprehensive Plan (2009) and its detailed neighborhood and special area plans. These plans
include Neighborhood Conservation Overlay District (NCOD), Bozeman Design Objectives
Plan, Downtown Bozeman Improvement Plan Historic Preservation Design Guidelines, Parks,
Recreation, Open Space, and Trails (PROST) Plan, long range transportation plan, water,
sewer, and stormwater facility plans, Climate Action Plan, and others. It is also the intent to
create a user friendly and easy to understand document with graphics that illustrate
regulations.
The code update will incorporate land use -based (Euclidean) and form -based zoning provisions,
where appropriate to allow vibrant mixed-use districts, help the City achieve high-quality infill
and redevelopment, and integrated thoughtful greenfield development. The update will include
traditional neighborhood development zoning district for the Neighborhood Conservation
Overlay District (NCOD). Additional provisions, will promote and support sustainability
including BMPs for stormwater, water usage and lighting and will link land use and
transportation (auto, transit, biking and pedestrian). Further, the code will support the
Comprehensives Plan to promote and support a safe, diverse, healthy stock and affordable
housing.
Tasks
Below is the anticipated list of tasks together with detailed descriptions, assumptions, and
expected work products. As the project proceeds, adjustments to the order and/or details of
tasks and products may be necessary. Such changes shall be agreed upon by both parties in
writing.
1. Project Kick -Off (Sept)
This task comprises a multi -day visit to Bozeman to undertake the below activities to fit
within the approved budget. Key team members of MAKERS, Studio Cascade Inc. (SCI),
and Leland Consulting Group (LCG) will be on-site for this task:
a. Kick-off meeting with staff and the committee(s). This may include one combined
meeting kicking off both the citywide Unified Development Code (UDC) update and the
Midtown implementation efforts or two separate meetings depending on participants,
logistics, and project goals. For both efforts, the team will discuss project roles, goals,
issues, opportunities, applicable background material (including relevant information
associated with previous planning efforts), the proposed work plan, schedule, and
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anticipated products. It will also be important to clarify the relationship of ongoing
code updates currently in process with the consultant team code work.
b. City Commission work session. If possible, integrating a work session with the City
Commission to identify issues and priorities would be particularly useful here.
c. Site tour(s) with staff and interested committee members or key stakeholders. The team
will examine issues, opportunities, recent and planned improvements, concepts from
previous plans, and land use code issues (including code organization and design).
d. Supplemental field work — where necessary, conduct an on-site survey of the Midtown
District and other key citywide sites relevant to the code update. The intent is to
document conditions to understand the issues, constraints and opportunities of the
corridor and city.
e. Stakeholder interviews/meetings. The consultant team will work with staff prior to the
kick-off meeting to coordinate the number and type of interviews and scheduling
logistics (to fit the budget). City staff will take the lead in scheduling the interviews.
These could include interviews with key individuals and key stakeholder groups.
Products:
• Kickoff meeting summary;
• Field notes and photographs; and
• Stakeholder interview summary
2. Draft Midtown Implementation/Design Provisions & UDC Audit (Sept -Nov)
a. Conduct Midtown analysis and draft zoning implementation and design palette:
i. Review background plans, regulations, information. LCG will prepare a brief market
overview that documents existing real estate conditions and trends in areas such as
lease rates, absorption, recent developments and transactions, and other information (to
the extent that such data is readily available) that could inform the regulatory strategy
and serve as inputs for the financial analyses in later tasks. The work will also include a
summary of demographic information gathered from existing documents where
available so as to assess long-term demand for various land uses.
ii. Identify issues, opportunities, and rough preliminary ideas (prior to Task 2d below).
iii. Draft zoning implementation and design palette. Prepare text/graphic zoning concepts
for Midtown that focuses on mixed-use infill that fulfills the goals of the urban renewal
district. The intent is also to create a design handbook, image catalog, or visual
representation of what the Midtown code provisions will do and will allow, or not
allow. MAKERS will lead the planning and design work and SCI will provide support.
LCG will assist in ensuring that proposed development concepts are feasible given real
estate development fundamentals and the market information gathered in Task 2. LCG
will also identify strategic actions and other implementation strategies that can help
overcome market, physical, financial, or other barriers to development.
b. Conduct an audit of the UDC examining the following:
i. Identify consistency with Community Plan and major/minor work items;
ii. Identify preliminary comments and considerations associated with the full range of code
elements and issues.
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iii. Request a red -line draft from staff to point out specific issues, examples, and
opportunities (this should be requested at the outset of the project — so the consultant
team can review comments at this stage).
c. Review the City's draft Design Review Committee (DRC) process update and identify
possible edits and questions for review.
d. Conduct best practices research associated with Midtown implementation/design. This
task is upon request by staff based on discussions and products from the above tasks. It
could include research on a number of zoning, redevelopment, and subdivision issues
(i.e., parking, lot clustering, and impervious area).
e. Conduct storefront studio. The "studio" is intended to be used as an intensive
workspace and community engagement tool for both Midtown District implementation
and the UDC update efforts. MAKERS will coordinate with staff from the project's
outset to procure a space or spaces for the task. A storefront type of space that is visible
and accessible to community members and stakeholders is most desirable (though not
always possible). Other community work spaces can be workable (such as within the
Planning Department or City Hall space) can be workable provided there is wifi access.
The activities described in the Task 2 herein can be integrated with the studio setting
(these will be coordinated with staff prior to this task). Members of MAKERS, SCI, and
LCG will facilitate the studio. The studio format allows the team to also begin
sketching preliminary code concepts and options.
NOTE: Here's a link to a storefront studio conducted by SCI on a similar- project:
htM:/fenvisionmonroe.org/category/ headlines/
Key UDC update element assumptions. Below is a preliminary list of key topics to be
addressed in the UDC update.t is assumed that greater direction will be provided on t
key issues during this task.
• Evaluate design and layout of complete code;
• Examine key provisions of adopted neighborhood and specific area plans (examples
noted in the Preamble above) for components to integrate into the code;
• Examine zoning district, subdivision, and infrastructure provisions per community
goals, on -the —ground results, best practice analysis, and experience;
• Evaluate code language, procedures, and requirements;
• Examine non -conformity issues;
• Address interest in allowing increased development in the historic core;
• Evaluate ongoing affordable housing ordinance provisions for integration into updated
code; and
• Evaluate ongoing site plan review procedures provisions for integration into updated
code (with Phase 1 adoption); and
• Consider potential tools and strategies to incentivize more diverse housing options in
particular areas.
Products.
• Midtown analysis including brief market overview;
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• Slideshow illustrating issues, opportarnities, and rougli preliminary ideas for the Midtown
District zoning implementation and design palette;
• Midtown, implementation concepts and options for to be presented in Task 3 below. This is likely
to include a slideshow, display boards, and handouts;
• Suggestions and, questions for the DRC process update;
• UDC audit. This is likely to be in table format and organized by the various code issues;
• Best practice research summary (f requested); and
• Tex4 snaps, and graphic concepts for the UDC update developed as part of subtask d above.
3. Midtown District Public Workshop/UDC Check-in with Committee (Nov or Dec)
This is intended as an afternoon/evening/morning visit by core MAKERS and SCI team
members:
a. Meet with staff before and/or after workshop to review materials and set the direction
for next steps.
b. Conduct a public workshop to present and evaluate Midtown zoning implementation
and design provisions.
c. Conduct a committee meeting (preferably after the workshop) to discuss evaluate
Midtown implementation concepts and options and review major findings from the code
audit; set the direction for next tasks.
Products:
• Workshop slideshow, displays, handouts, and community outreach products; and
• Staff and committee meeting summaries.
4. Finalize Midtown District Implementation Provisions /Draft UDC Concepts
(Dec -Mar 16)
a. Finalize Midtown District provisions (implementing zoning & design provisions) based
on input from Task 3 and analysis. The provisions shall also address modified district
boundaries, if applicable. MAKERS will be the project lead, with planning/design
support from SCI and feasibility/implementation support from LCG.
b. Conduct high-level pro -formas on key development prototypes desired for the Midtown
District to determine viability. MAKERS (design the development prototype) will
collaborate with LCG (conduct feasibility analysis on the prototypes) on this task. Pro
formas will be static with the goal of testing for overall feasibility (meeting industry -
standard rates of return) and doing sensitivity analyses of how different incentives and
policies could affect feasibility. If necessary, this task could be moved up to be a part of
Task 2.
c. Prepare regulatory concepts/options on key code elements (build on preliminary work
developed in the storefront studio from Task 2d above). This phase of code
development will focus on specific policy direction on critical code issues that will be
informed by the work of previous tasks above (i.e., zoning district provisions,
subdivision provisions, key procedural elements, design standards). An important part
of this task will be to develop an updated organization of the UDC (assuming that at
least some reorganization will occur). MAKERS will be the project lead, with planning
support from SCI and market feasibility support from LCG.
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d. Check-in staff and committee meetings will be essential during this phase to ask critical
questions and discuss preliminary ideas. Up to two meetings spaced 4-6 weeks apart are
suggested. These meetings could be supplemented by conference calls by staff and
additional staff -led committee meetings. Alternatively, one of the meetings could be
used to provide assistance to staff and public officials during the adoption process for
the evaluate Midtown implementation provisions. Also, the City's legal review of
preliminary code concepts will be an important part of the project at this stage.
Products:
• Final Midtowzz District provisions with plan review process update (implezzzenting
zo7iiz7.g/desig7z provisions);
• Decision on code layout and design; and
• Draft repilatozy concepts for review in Task 5.
5. UDC Public Workshop (Mar or Apr 16)
This is intended as an afternoon/evening/morning visit by core MAKERS, SCI, and LCG
team members:
a. Meet with staff before and/or after workshop to review materials and set the direction
for next steps.
b. Conduct a public workshop to present and evaluate preliminary code concepts and
options. The workshop could include presentation, open house, and/or small -group
exercise components to help inform community members about the project and to
obtain feedback on the concepts and options. MAKERS' team will use clear language
and graphics to help illustrate the implications of the various concepts and options.
c. Conduct a committee meeting (if necessary, preferably after the workshop) to discuss
code concepts and options plus input received at the public workshop and set the
direction for the next steps.
Products:
• LTlorkshop slideshow, displays, handouts, and community outreach products; and
• Staffand committee meeting summaries.
6. Prepare UDC Elements Ppr-July 16)
a. Prepare full first UDC update. The team will translate the concepts developed and
refined in Tasks 6 and 7 into the applicable code publishing format. It is anticipated
that the UDC will include the extensive use of graphics (photos, maps, and hand or
computer generated graphics to illustrate the code). The team will also prepare
development examples to test/illustrate the proposed code (i.e., illustrate subdivision,
multifamily, and/or commercial development examples on specific sites consistent with
the proposed code). MAKERS will be the project lead, with planning support from SCI
and market feasibility support from LCG.
b. Again, check-in staff and committee meetings will be essential. This task provides for
up to two meetings (spaced 4-6 weeks apart are suggested) supplemented by conference
calls by staff and staff -led committee meetings.
Products:
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• Summary of key UDC element changes (to be used in Task 7 to clam preliminary draft)
• First draft UDC.
7. Present & Evaluate First Draft UDC (July 16)
This is intended as an afternoon/evening/morning visit by core MAKERS and SCI team
members.
a. Conduct a public workshop to present and evaluate the first draft code. Again, this
could include presentation, open house, and/or small -group exercise components to
help inform community members about the project and to obtain feedback on the draft.
Online code editing and other forms of interactive engagement will be considered at this
stage as well.
b. Conduct a committee meeting (preferably after the workshop) to discuss input received
at the public workshop and identify key issues and changes to address in the second
draft.
Products:
• Llrorkshop slideshow, displays, handouts, and community outreach products; and
• Staff and committee meeting summaries.
8. Prepare Second Draft UDC(Aug-Nov 16)
a. Refine the first draft code.
b. Conduct check-in staff and committee meetings (up to two meetings). These check-in
meetings may include the committee and/or the Planning Board, Zoning Commission,
or other key boards interested in refining the code.
Products.
• Updated draft UDC.
9. Present the Refined Draft UDC to the City Commission (Nov 16)
This task assumes a one -day visit by two core team members or a two day visit by the
project manager.
Products:
• Presentation materials.
10. Public Review & Adoption (Nov 16' through 2017 adoption)
a. MAKERS' team will be available for technical assistance throughout the adoption
process and attendance at up to two City Commission meetings and via remote
coordination during the adoption process.
b. MAKERS will help City make final changes per adoption and ready the document for
publishing.
Products:
• Adopted updated UDC.
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Website Creation
This will create a project -specific website the City can link to and promote as a primary
resource for information and materials regarding the code update process. Features envisioned
include an introductory/FAQ section; an events calendar; project documents such as exercise
forms, meeting results and draft materials; project news, helpful links, and contact information.
Links to the City's preferred social media, will also be provided, and the site will be configured
to coordinate with a project logo and/or City -standard graphic formatting.
Examples of similar websites developed and maintained by team members:
• Port Angeles Waterfront & Transportation Improvement Plan (SCI):
htip://www.12a-waterfront.2m/—
• Monroe (WA) Comprehensive Plan update (SCI): ht!p://envisionmonroe.org/about/
• Joint Land Use Study -Naval Base Kitsap and Naval Magazine Indian Island, WA
(MAKERS): http://www.kiijlus.com/
Team members can also create project Facebook page or supply content for and cross link with
a project website or Twitter feed.
Website Maintenance
This activity will keep the project site current and active, creating editorial content; formatting
and uploading project documents; managing the events calendar; managing user input and
inquiries; generating and transmitting links for social media, and creating an archive of the
website and associated materials upon project completion.
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Budget
Below is a breakdown of estimated costs by task and project team member. The costs are based
on the hourly and daily rates described on the following page. Tasks specific to the Midtown
work are shaded in light blue and tasks specific to the larger UDC update are shaded in dark
blue. Tasks shared by both project elements are unshaded. Changes to work tasks that are
within the budget herein are subject to approval by MAKERS and the Director of Community
Development and shall be made in writing. Changes to the scope that require additional
budget are subject to approval by the City of Bozeman and MAKERS.
Primary Tasks MAKERS SCI LCG Subtotal
1 Project Kick-off $ 7,400 $ 5,600 $ 4,800 $ 17,800.00
2 Draft Midtown Implementation/Design Provisions & $ -
UDC Audit
Conduct• •
c I Conduct best practices research 1 $ 21000 $ 7000 $ 3,000.00
Fd (,Conduct storefront studio $ 13,160 $ 15
,200 $ 4,000 $ 32,360.000
3 Midtown Public Workshop/UDC Check-in $ 2,880 $ 2,400 $ 5,280.00
4 lFianlize Midtown Implementation & Draft UDC
concepts
7
8
9Fresent Aeftned Draft LI -WC to City Conunission
10200
Subtotal
$
$ 123,780
$
64,200
$
28,480
$
$
1,41-110.00
216,460.00
Additional work items/expenses
q Project management @ 6hrs/month
$ 19,440
$
19,440.00
q (Website creation
$
3,000
$
3,000.00
q Website maintenance
$
10,000
$
10,000.00
q (Travel expenses
$ 8,000
$
8,000
$
2,500
$
18,500.00
Subtotal
$ 27,440
$
21,000
$
2,500
$
50,940
TOTAL
$ 151,220
$
85,200
1 $
30,980 1
$
267,400
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Hourly and Daily Rates
MAKERS
Bob Bengford, Partner,
Gerald Hansmire, Partner
Rachel Miller, Senior Associate
Joming Lau, Planner
SCI
Bill Grimes, Principal,
Rick Hastings, Senior Planner
Chaz Bates, Senior Planner
LCG
Chris Zahas, Managing Principal,
Matt Craigie, Associate
$180/hour
$180/hour
$110/hour
$65/hour
$150/hour and $1,200/day
$125/hour
$125/hour and $1,000/day
$180/hour
$125/hour
Travel Expense Assumptions
Travel expenses are based on (1) average round trip flight costs between team member home
cities and Bozeman, (2) Bozeman area 2015 per diem rates found on the U.S. General Services
Administration website: htip://www.gsa.gov/portal/category/100120 for meals and lodging
for anticipated team member trips/days, and (3) average car rental rates where needed
(assumes car pooling when multiple team members are on single trips).
Also note that during site visits, though team members typically work more than 8 hours on
such days, we make a practice of only billing for 8 hours (or by daily rates in SCI's case).
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Schedule
Below is an estimated schedule (corresponding to the dates listed next to each task above). The
schedule assumes that a reasonable amount of review time is needed for City staff, committee
members, and/or public officials to review draft documents prior to updates and public
meetings. It's also assumed that City staff will conduct frequent updates with the Planning
Board and Zoning Commission throughout the project. Adjustments to the schedule are likely
to occur and will be coordinated by the Director of Community Development and MAKERS.
Changes to the schedule that go beyond the approved scope and budget are subject to approval
by the City of Bozeman and MAKERS.
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