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Home My WebLink About03-09-20 City Commission Packet Materials - C5. 1st Amend to PSA w Morrison Maierle for Bogert Pavilion RepairCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jon Henderson, Strategic Services Director SUBJECT: First Amendment for Professional Services Agreement with Morrison Maierle for the Bogert Pavilion repair. MEETING DATE: March 9, 2020 AGENDA ITEM TYPE: Consent. RECOMMENDATION: Authorize the Interim City Manager to Sign the first amendment for Professional Services Agreement with Morrison Maierle for electrical, fire protection, and architectural services for the Bogert Pavilion repair. BACKGROUND: On April 15, 2019 the City Commission authorized the City Manager to sign a Professional Services Agreement with Morrison Maierle for engineering services and mitigation management services following a partial roof collapse of the Bogert Pavilion on March 17, 2019. Significant effort has been made to identify all construction elements necessary to result in the safest and most durable solution. The existing electrical panel that serves the facility will be relocated to accommodate repairs to the adjacent structural beams. Additional work related to the existing fire suppression system will be performed by a licensed professional to ensure compliance with current building codes. Architectural services will be limited to alterations to the roof system of the current restroom which interferes with one of the structural beams, in addition to painting, and other minor repairs. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Adequate funding for this amendment exists within the total project budget of $759,507 (including $200,000 in Resolution No. 5048, $209,507 in Resolution No. 5068, and $350,000 in donations). Attachments: Amendment Scope of Work & Fee Proposal Report compiled on: 02/29/2020 27 First Amendment to Professional Services Agreement for Bogert Pavilion Repair FY 2020 – FY 2020 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR BOGERT PAVILION REPAIR dated April 1, 2019 (the “Agreement”) is made and entered into this _____ day of ____________, 2020, 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, Morrison Maierle, 2880 Technology Boulevard W., Bozeman MT 59771, 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 to amend the Agreement as follows: 1. Scope of Work. The Scope of Work described in the Agreement is amended to add the electrical, fire protection, and architectural services for the Bogert Pavilion repair described in Attachment A, which is hereby incorporated herein by this reference. 2. Payment. The City agrees to an additional charge of $21,000 for work performed by Contractor in accordance with this Addendum. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 28 First Amendment to Professional Services Agreement for Bogert Pavilion Repair FY 2020 – FY 2020 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MORRISON MAIERLE By________________________________ By_____________________________ Dennis M. Taylor, Interim City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 29 February 18, 2020 City of Bozeman Attn.: Jon Henderson Strategic Services Director 20 E Olive Street Bozeman, MT 59715 Re: Bogert Park Pavilion Electrical, Fire Protection, and Architectural Services Dear Jon: Thank you for the opportunity to provide you with our additional scope and fee proposal for the Electrical, Fire Protection, and Architectural services for Bogert Park Pavilion Repair/Replace project. We have enjoyed working with you and your team on the community driven project and understand the importance of the Pavilion to the Bozeman Community. We really enjoy projects that provide enjoyment and benefit the community in which we live. The following is our understanding of the required scope of services, fee assumptions and limitations. Scope of Services and Fee Assumptions/Limitations Our Electrical, Fire Protection, and Architectural fees where based on the following assumptions and scope items: General: • We understand the City of Bozeman is aware Morrison Maierle does not have in house Architectural services and we will be subcontracting this work out to an Architect who is community focused and driven to provide the community quality value and service. • We understand the Bogert Park Pavilion was constructed in the 1970’s. The exact date is not known at this time. • Currently the City of Bozeman is looking for existing drawing of the pavilion, but may not have the record drawing. • Existing condition assessment reports will be provided if available. • In the development of our fees we have included, one (1) on site meeting/visit for each to observe and note the existing condition: ▪ Architectural ▪ Electrical ▪ Fire Protection • In the development of our proposed fees, the anticipated project schedule is to proceed as soon as possible in the development of the bidding documents for the repair/replacement of damaged items. • In the development of our additional fees for the Bid Drawings we have assumed the following: ▪ MMI will provide engineering design and analysis based on the requirements of the Current Codes: ▪ International Building Code (IBC) ▪ International Existing Building Code (IEBC) ▪ National Fire Protection Association (NFPA) codes 13 72 30 ▪ National Electrical Code (NEC-NFPA 70) ▪ International Energy Conservation Code (IECC ▪ Drawings will be produced by MMI in Revit. ▪ The level of effort in the development of our Revit BIM models will be as required to develop 2D construction plans and general coordination amongst the design team. ▪ Final Construction Drawing deliverables will be in the form of electronically transmitted PDF drawings. ▪ MMI will provide electrical and fire protection design, analysis, and development of construction documents. ▪ We will provide specifications based on the MasterSPEC structural specifications using the Morrison Maierle format. • We understand not all existing conditions can be observed, assessed, and mitigated, if additional scope items are found changing the basis of design, we understand we will have the opportunity to negotiate additional scope and fee. • We have included scope and fees for the construction and/or construction administration of the proposed solution. • For the purposes of this fee estimate, we have assumed a single structural bid package will be developed (i.e. no separate foundation or other “fast-track” packages). Exclusions: • We have not included Site Civil, Survey, MEP engineering design. • We have not included scope and fees for the onsite construction inspection, or Special Inspection and testing for the proposed solution. Code required “special inspections” which include anticipated construction testing and inspection of the structural systems is required by the Building Code and it is a service Morrison Maierle can provide either under this contract the current on-call service agreement we currently hold with the City of Bozeman for testing. • We have not included a 1-year warranty walkthrough and report and development of record drawings from the contractor’s field set. We understand this can be contracted once Construction of the repair/replace begins. Fire Sprinkler – Performance Based Design: • We will provide a review of the damaged items • We will provide performance based Fire Suppression drawings that will include: ▪ Applicable code and standards references. ▪ Design options to fix the damaged area. • Our bidding phase fee includes: ▪ Providing responses to contractor questions via addendum(s) during bidding phase. • Our construction phase fee includes: ▪ Providing responses to contractor questions ▪ Review of shop drawings and calculations Exclusions: • Design is based on following prescriptive code criteria of applicable NFPA Codes and Local Jurisdiction requirements; insurance requirements, waivers, equivalencies, will require additional effort and a modification to the scope/fee. • Development or review of Life Safety Drawings or Building Fire Code analysis. 31 • Commissioning or testing of fire protection system(s). • Hydrant flow testing (to be completed by others). Electrical: • We will provide an electrical design to facilitate the move of the current electrical control panel. • We will provide an electrical design as an Alternate to change the current lights to LED lighting. • Our bidding phase fee includes: ▪ Providing responses to contractor questions via addendum(s) during bidding phase. • Our construction phase fee includes: ▪ Providing responses to contractor questions ▪ Review of shop drawings ▪ One (1) site visits to observe construction progress. ▪ Including a substantial completion inspection and punch list that identifies any deficiencies. Exclusions: • Alternative energy system, such as, photovoltaic or wind. • We have assumed this facility will not be classified as requiring Critical Operations Power Systems (COPS) under NEC Article 708, and thus has been excluded from our scope. Total $3,500 $1,500 $8,500 $7,500 $21,000 Basic Services Fees: Electrical Services Fire Protection Services Total Additional Service Architectural Design Services Architectural Construciton Services As we have discussed, we understand an hourly not to exceed contract can be set up for scope listed above. We further understand we have the option to negotiate additional services if additional scope items are added or found during our Assessment. Once we receive your approval of this proposal, we will proceed with the development of an Agreement and begin work on the project. Sincerely, Jay Fischer, PE Structural Engineer/Project Manager 32