HomeMy WebLinkAbout20- Professional Services Agreement, Bozeman Downtown Urban Renewal District - DHM Design - Alleyway Revitalization Design Professional Services Agreement for 2020 Bozeman Alley Concept Plan
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into April 27, 2020, by and between the
BOZEMAN DOWNTOWN URBAN RENEWAL DISTRICT, an agency of the City of
Bozeman, which is a self-governing municipal corporation organized and existing under the laws
of the State of Montana, with a mailing address of 222 East Main Street, Suite 302, Bozeman,
Montana, hereinafter referred to as “URD,” and, DHM DESIGN, 27 E Main St Suite D,
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: URD agrees to enter this Agreement with Contractor to perform the
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.
3.Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the included Scope of Services. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4.Payment: URD agrees to pay Contractor the amount specified in the 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 URD
and will become an additional charge over and above the amount listed in the Scope of Services.
The URD must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce URD 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.
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b. Contractor represents and warrants to URD 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 URD 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 URD for any purpose. Contractor is not subject to the terms and
provisions of the URD’s personnel policies handbook and may not be considered a URD
employee for workers’ compensation or any other purpose. Contractor is not authorized to
represent the URD or otherwise bind the URD 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 URD 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 URD 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.
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 URD and the City of Bozeman, its agents, representatives, employees, and
officers (collectively referred to for purposes of this Section as the “URD”) from and against any
and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees
of and expert witness and consultants), losses, expenses, liabilities (including liability where
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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
URD 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; or (ii) any negligent, reckless, or
intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the URD 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 indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by URD.
Should any indemnitee 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 indemnitee 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 indemnitee for a claim(s) or any portion(s)
thereof.
In the event of an action filed against URD resulting from the URD’s performance under
this Agreement, the URD may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the URD 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.
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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 URD
without limit and without regard to the cause therefore and which is acceptable to the URD and
Contractor shall furnish to the URD an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $500,000 per occurrence; $1,000,000 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 URD and the City of
Bozeman, its officers, agents, and employees, (collectively referred to for purposes of this
Section as the “URD”) 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 URD and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The URD must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify
URD 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 URD must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
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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 URD 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 URD
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 URD 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 URD’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the
URD, make it advisable to the URD to cease performance under this Agreement URD
may terminate this Agreement by written notice to Contractor (“Notice of Termination
for URD’s Convenience”). The termination shall be effective in the manner specified in
the Notice of Termination for URD’s Convenience and shall be without prejudice to any
claims that the URD may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for URD’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 URD. 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
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entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for URD’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 URD 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. URD’s Representative: The URD’s Representative for the purpose of
this Agreement shall be Chris Naumann, Downtown Bozeman URD Director, or such
other individual as URD shall designate in writing. Whenever approval or authorization
from or communication or submission to URD is required by this Agreement, such
communication or submission shall be directed to Chris Naumann as the URD’s
Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when URD’s
Representative is not available, Contractor may direct its communication or submission
to other designated URD 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 Robin Spear, DHM Design- Associate Principal, or
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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, URD 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 URD 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 URD under this Agreement
while on URD 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. URD shall have the right to request proof of such
compliance and Contractor shall be obligated to furnish such proof.
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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 URD. 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 URD demonstrating Contractor’s compliance
with the requirements of this Agreement. Contractor shall allow the URD, its auditors, and other
persons authorized by the URD 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 URD.
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
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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.
DENVER CARBONDALE DURANGO BOZEMAN WWW.DHMDESIGN.COM
27 East Main Street, Suite D Bozeman, MT 59715 P: 406.219.2012
March 16, 2020
Emily Cope
District Manager
Downtown Bozeman Partnership
222 E. Main Street, #302
Bozeman, Montana 59715
Re: Bozeman Alleyway Concept Plans (Between N. Tracy Ave. and N. Black Ave.)
Dear Emily,
Thank you for bringing DHM into the discussion again about the design of the alleyway between North Tracy
Avenue and North Black Avenue. We are excited to build upon our previous ideas and concepts and help the
Downtown Bozeman Partnership (DBP) build momentum for activating the alleyways in the downtown area.
The following scope is based on our discussion with you, Chris and Eric on March 12th, 2020 regarding the
project history, goals, and plans to move forward with the design. Following the meeting was a short site
walk to review existing conditions, opportunities, and thoughts regarding possible design themes and of
course, challenges.
Project Understanding:
We understand that the Downtown Bozeman Partnership would like to begin the design process to develop and
implement a Concept Plan that would activate a currently underutilized alleyway. Our focus will be to integrate
the concepts and goals of the Downtown Bozeman Improvement Plan and the Downtown Alley Sketchbook by
building on the plan’s themes:
· Prioritizing Accessibility and Mobility Choices- Creating a safe, welcoming, and engaged environment
through the design of spaces that can be activated throughout the day and night. Encourage pedestrian
and bicycle traffic in balance with vehicular traffic through visual cues, signage, and safe crossings.
Increase lighting to a reasonable level that provides safety throughout the alley during the nighttime
hours. Enhance existing access to businesses and outdoor patios.
· A City of Neighborhoods and Districts- Providing visual and accessible connectivity throughout the
alleyway to nearby neighborhoods and districts, encouraging more personal interactions and safer
crosswalks.
· Celebrate our Natural Environment- Creating interesting and sustainable solutions that help to educate
the public on stormwater management, drought tolerant planting, and watershed management.
· Creative and Innovative Economy- Highlighting public art, collaborating with local businesses, and
developing innovative design solutions that showcase local manufacturing and artistic talent.
The design team will analyze the existing conditions providing an opportunities and constraints map that will
help guide design and balance design decisions that will be appropriate to help maintain business access and
agency requirements. Our next step will be to develop Preliminary Concept Plans and options that can be
vetted through a public outreach strategy to help build excitement in the project. This will also help to
determine what the public’s priorities and future vision for the alleyway may be. Finally we will develop a
Final Concept Plan that reflects the culmination of the design process, highlighting the public involvement,
and provides a basis for funding and budget opportunities. The team will wrap up the project with a Final
Report outlining the design process, public outreach input, and Final Concept Design.
Once the Final Concept Plan has been developed DHM will provide a separate proposal to the Partnership to
develop a construction document package that is reflective of an approved concept.
Scope of Work:
The following scope is based is based on our understanding of the project scope, process and desired
deliverables.
Task 1: Base Mapping, Project Kick-Off, Site Analysis, and Meetings
DHM will begin the design process by coordinating the development of a base map with the information
provided by the DBP including existing survey, architectural, and GIS data. Once the base map has been
developed DHM will organize a kick-off meeting with the DBP to review existing conditions, develop a building
owner/lessee matrix, determine project goals, themes, and priorities, review project schedule, and establish a
public outreach strategy. After the kick-off meeting DHM will schedule in-person meetings with the City agencies
and the building owners/lessees to determine needs and constraints related to each group. In each meeting the
team will review the schedule and milestones to keep the project moving forward.
Meetings / Deliverables:
· One (1) on-site meeting with DBP staff and the design team to review the existing site conditions,
opportunities and constraints, goals, schedule, and priorities for the project.
· One (1) meeting with the City of Bozeman agencies.
· One (1) on-site meeting with business owners/lessees to determine access, delivery requirements, and
future design options.
· Base map overlay with existing opportunities and constraints.
· Follow up meeting notes with action items.
Task 2: Schematic Design and Meetings
During the Schematic Design phase DHM will develop three bubble diagrams based on information collected
opportunities identified during the discussions in the Task 1 meetings and base mapping. The bubble diagrams
will indicate public spaces that can be programmed for access, sustainable components, lighting, public art,
planting, and education. The diagrams and precedent image board will allow the team and staff to evaluate
preferred programmatic elements that can then be presented to the public during the first outreach event. This
first event will introduce the project to the community and allow a conversation between the public and the
team to evolve to determine priorities and preferences based on the diagrams and precedent board. During all
staff meetings DHM will review and update the schedule and milestones with the team.
Meetings / Deliverables:
· One (1) team meeting to review bubble diagrams, confirm design direction, schedule, and public
outreach strategy.
· One (1) public outreach event to review opportunities and constraints, determine programmatic
priorities.
· Three (3) bubble diagrams based on design direction during Task 1.
· Two (2) precedent image boards based on bubble diagram concepts
· Follow up meeting notes with action items.
Task 3: Design Development and Meetings
Following the feedback from the team and public outreach meetings, and direction provided by the DBP, DHM
will develop two (2) Preliminary Concept Plans that integrates the priorities and preferences into the design.
Upon approval of the two Preliminary Concept Plans we will develop renderings and refine the precedent image
board to reflect the design decisions. Once the Preliminary Concept package is completed, DHM will schedule a
second public outreach event and Public Art meeting to review and get feedback on preferred elements in both
plans. Based on the priorities and preferences from the community and Public Art DHM will develop one (1)
Preferred Concept Plan, a preliminary cost estimate, and a precedent image board to present at a final public
outreach event. Following the final staff meeting and public outreach event DHM will refine the design to
prepare one (1) Final Concept Plan, two final digital renderings, and prepare a final cost estimate reflective of
the design. The team would like to complete the project with a brief Final Report that collates the project
process information into one document to be used for further marketing and funding opportunities.
Meetings / Deliverables:
· Three (3) team meetings to review Concept Plans, the Preferred Concept Plan, public outreach feedback,
and schedules.
· One (1) Public Art meeting to review the two Concept Plans.
· Two (2) Public Outreach Events.
· Two (2) Preliminary Concept Plans – 24”x36” boards and PDF.
· Four (4) Hand-drawn Renderings – 24”x36” boards and PDF.
· One (1) Precedent Image board – 24”x36” boards and PDF.
· Two (2) Digital Renderings – 24”x36” boards and PDF.
· One (1) Preliminary Cost Estimate – PDF and Hard Copy
· One (1) Preferred Concept Plan – 24”x36” boards and PDF.
· One (1) Final Concept Plan depicting the final approved design – 24”x36” boards and PDF.
· Two (2) Final Digital Renderings – 24”x36” boards and PDF.
· One (1) Final Cost Estimate: Two for the Refined Concept Plans, one for the final Preferred Concept Plan.
· One (1) Final Report – PDF and Hard Copy
· Presentation materials – Flyers, announcements, 24”x36” boards.
· Follow up meeting notes with action items.
DHM Professional Fees:
Task 1: Base Mapping, Project Kick-Off Meeting, Site Analysis, Meetings $ 2,040
Task 2: Schematic Design, Meetings $ 2,320
Task 3: Design Development, Final Report, Meetings $ 9,080
Estimated Expenses $ 250
DHM Project Total: $ 13,690
Standard Hourly Rates for DHM Design:
Principal $180
Ecologist / Arborist $160
Associate Principal $125
Senior Associate $120
Associate $105
Senior Designer $100
Designer / Graphic Artist $ 85
Natural Resources Technician $ 85
Clerical/Word Processing $ 60
Schedule and Staff:
DHM is available to begin this project immediately to meet your schedule.
DHM Design Staff:
Robin Spear – Associate Principal-in-Charge
Eric Meadows – Senior Associate, Project Manager
Henry Herman – Designer
Time and Materials:
The billing for the work outlined above will be done on an hourly basis, not to exceed fees as identified above.
The top-set number as provided is sufficient for the tasks as we know them at this time. An itemized statement
shall be sent monthly, and payment is due within 45 days of receipt. In addition to the fee amounts, the
following will be billed as reimbursable expenses at our direct costs: Xerox copies, computer plotting, long
distance calls, deliveries, mileage and postage.
Additional Services:
Should additional services such as additional site plan/perspective renderings, or additional meetings beyond
what is noted above etc. become necessary this work will be done on an hourly basis at our standard hourly
rates. DHM will notify you prior to completing any additional services for approval. If this work becomes
significant we may, at your request, submit a proposal at that time which will identify the extent of any
additional work prior to commencement of the work.
Reimbursable Expenses:
Reimbursable expenses are not included in the fees provided above. Meeting time above and beyond what is
listed above will be billed at our standard hourly rates as an additional service.
Information to be provided by others:
In order for DHM to begin work, the following is a list of items to be provided by others:
· Existing survey information, Garage documents, and GIS data (CAD file format if available) from DBP.
· High resolution aerial image of site, if available, from DBP.
Assumptions:
The following is a list of assumptions:
· It is assumed at this time that the drawings will be developed off of existing information and that
consultants such as surveyors, civil engineers, structural engineers, and artists will be contracted with
DBP separately and as needed.
· DHM understands that this proposal is for the conceptual drawing phase only and a construction
drawing level set will be under a separate proposal.
· DHM assumes that the DBP staff will coordinate with the City of Bozeman on permitting and fees as
necessary, DHM is available to support the effort with an amendment to this proposal.
· DHM assumes that the electrical connection and transformer will be provided by Northwestern Energy.
· DHM assumes that DBP will coordinate the public art component of the project and will advertise, if
necessary, for artists or coordinate with the Arts Council of Big Sky. DHM has included one presentation
at a public art meeting.
Exclusions:
The following is a list of exclusions from this scope:
· 3d modeling or fly through videos.
· Additional meetings / submittals beyond what is noted above.
· Irrigation design.
· Civil design, engineering, and calculations.
· Structural design, engineering, and calculations.
· Lighting design and photometric calculations.
· Geotechnical Engineering, borings, and report.
Thank you again for the opportunity to work with the Downtown Bozeman Partnership team, we are excited to
see the alley come to life and join in on the activation. If you have any questions about the scope or the fees
please feel free to call me.
Respectfully,
DHM Design
Robin Spear
Associate Principal – DHM DESIGN
Landscape Architecture | Land Planning | Ecological Planning | Urban Design
Direct: 406.219.2012 ext. 401 | Cell: 415.272.0914
If you find the general scope and costs presented acceptable, please sign and return as our authorization to
proceed.
Approved by:
Signature: _____________________________________
Name: ________________________________________ Date: ____________________
Chris Naumann, Executive Director 4/27/20
Downtown Bozeman URD
Associate PrincipalSenior Associate / Project ManagerDesignerDESCRIPTION OF SERVICES
$ 125 $ 120 $ 85 Base Map Preparation: Compilation of Existing Information
- Compilation of Existing Surveys, Mapping, GIS Data, and Permit Drawings Provided By DBP.0.50 3.00
- GIS information will serve as the basemap information for existing property lines, easements, utilities, buildings, etc.
- On-site visual survey of existing lights, utility poles, downspouts, amenities 0.50 2.00
Team Meeting #1: Introduction & Kick-off Meeting / Site Visit
- Project Kick-Off Meeting & Site Visit 1.00 1.00 1.00
- Review background information and base map with DBP
- Site visit to assess existing conditions and opportunities/constraints
- Review programmatic elements in regards to previous design (set priorities and goals, processes)
- Review project schedule and milestones
- Review public outreach event strategy
- Meeting Outcome: Goals, priorities, programmatic review, schedule review, processes
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
City Agency Meeting #1: Project Introduction and Agency Requirements
- Project Introduction and City Agency Discussion of Requirements a 1.00 1.00
- Review background information and base map with the City
- Agencies: Planning, Fire, Building Dept., Public Works, North Western Energy
- Review programmatic elements in relation to Agency restrictions and/or requirements
- Meeting Outcome: Definitive restrictions and requirements in relation to maintenance, access, utilities, and restrictions
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Building Owner/ Lessee Meeting #1: Introduction & Kick-off Meeting / Site Visit
- Project Introduction, Review of Base Map Information, Review of Existing Needs and Delivery Schedules 1.00 1.00
- Review background information, site opportunities and constraints, facility and maintenance requirements
- Develop Owner/Lessee Matrix of existing and proposed needs, delivery schedules, and access requirements 1.00 2.00
- Review project milestones and schedule
- Meeting Outcome: Business Owner standards and priorities, access needs, facility needs, existing conditions and constraints
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
General Project Coordination & Management 1.00 1.00
Meetings:
- (1) Kick-Off Team Meeting with Site Visit
- (1) City Agency Meeting
- (1) Building Owner/ Lessee Meeting with Site Visit
Deliverables:
- Base Map with Existing Conditions - PDF and Hard Copy
- Project Kick-off Meeting Minutes - PDF
- Building Owner/Lessee Matrix - PDF
- Meeting Minutes - PDF
Subtotals (TASK 1):375.00$ 900.00$ 765.00$
Total (TASK 1):2,040.00$
Architect
DHM Design
Landscape
BOZEMAN ALLEYWAY REVITALIZATION CONCEPT PLANS
Downtown Bozeman Partnership (DBP) - Bozeman, MT Prepared By: DHM Design
Work Plan and Professional Fees Date: 3/20/2020
TASK 1: BASE MAPPING, PROJECT KICK-OFF, SITE ANALYSIS, MEETINGS
TASK 2: SCHEMATIC DESIGN, MEETINGS
Development: Three (3) Bubble Diagrams for Preliminary Concepts
- Prepare (3) Bubble Diagrams, Hand-Drawn 0.50 2.00 4.00
- Bubble Diagrams based on priorities, discussion, and matrix developed during Task 1 meetings
- Bubble Diagrams shall be plan view, hand-drawn, and presented on 24"x36" sheets
- Prepare (2) Precedent Image Boards 0.50 2.00
- Precedent Image Boards based on bubble diagram concepts and ideas, priorities set in Task #1
Team Meeting #2: Bubble Diagram Review and Discussion
- Review of Concept Plans with Project Team, Discussion of Priorities and Goals, Themes 1.00 1.00
- Review of Project Schedule and Milestones
- Review of Public Outreach Opportunities, Schedule, and Presentation Materials
- Meeting Outcome: Direction to design team to guide development of two concepts, Public Outreach Meeting events, and presentation materials
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Public Outreach Event #1: Review of Programmatic Ideas and Bubble Diagrams
- Preparation of Programmatic Ideas and Bubble Diagram Presentation Materials 2.00 6.00
- Preparation of (2) Precedent Image Boards and (3) Bubble Diagram Boards
- Preparation of flyers and announcements
- Presentation of Bubble Diagrams and Precedent Images during a public event 1.00 1.00 1.00
- Review of opportunities and constraints in alleyway. Determine programmatic preferences and priorities
- Review schedule and milestones
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Meetings:
- (1) Team Meeting
- (1) Public Outreach Event
Deliverables:
- (3) Bubble Diagram Plans - PDF and Hard Copy
- (2) Precedent Image Boards - PDF and Hard Copy
- (1) Flyer and Announcement for Public Outreach Event #1
- Schedule and Milestones (Including Public Outreach Schedule) - PDF and Hard Copy
- Meeting Minutes - PDF
Subtotals (TASK 2):375.00$ 840.00$ 1,105.00$
Total (TASK 2):2,320.00$
TASK 3: DESIGN DEVELOPMENT, MEETINGS
Development: Two (2) Preliminary Concept Plans
- Prepare (2) Preliminary Concept Plan Boards for Discussion with Team 0.50 8.00 8.00
- Preliminary Concept Plan Boards based off meetings, priorities, and discussions during Task 1 and Task 2
- Concept Plans shall be hand drawn, presented on 24"x36" boards
- Prepare (4) Hand-Drawn Renderings, Two Per Concept 0.50 2.00 8.00
- Board will include images reflective of concepts, ideas, and themes
- Board shall be presented on 24"x36" boards
- Prepare (1) Precedent Image Board 0.50 1.00 2.00
- Board will include images reflective of concepts, ideas, and themes
- Board shall be presented on 24"x36" boards
Team Meeting #3: Review of Two (2) Preliminary Concept Plans
- Review of Preliminary Concept Plans and Precedent Image Board 1.00 1.00
- Review concepts and determine preferences and priorities, review access and maintenance needs
- Review schedule and milestones
- Meeting Outcome: Direction to design team to guide refinement of two (2) Preliminary Concepts for Public Outreach Event #1
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Public Outreach Event #2: Review of Two (2) Preliminary Concept Plans
- Preparation of Preliminary Concept Plan Presentation Materials 1.00 1.00
- Preparation of flyers and announcements
- Presentation of Concept Plans and Precedent Image Board during a public event 1.00 1.00 1.00
- Review of opportunities and constraints in alleyway. Determine preferences and priorities, review access
- Review schedule and milestones
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Public Art Meeting #1: Review of Two (2) Preliminary Concept Plans
- Review of Two (2) Preliminary Concept Plans and Precedent Image Board for Presentation to Team 1.00 1.00
- Meeting Outcome: Feedback and discussion of Public Art component, locations, type, themes. Detailed Criteria given to Artists
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Development: One (1) Preferred Concept Plan
- Develop (1) Preferred Concept Plan Based on Feedback from Public Outreach Event #2l, Public Art Meeting #1, and Discussion with Staff 0.50 2.00 8.00
- Preferred Concept Plan Board will build off the selected direction during Public Outreach Meeting #2 and Public Art Meeting #1
- Concept Plan shall be presented on 24"x36" boards
- Prepare (2) Digital Renderings 2.00 8.00
- Boards will include images reflective of concepts, ideas, and themes of the Preferred Concept Plan
- Renderings shall be presented on 24"x36" boards
- Prepare (1) Preliminary Cost Estimate 0.50 2.00
- Cost Estimate shall reflect high level, conceptual costs. Not for bidding purposes
Team Meeting #4: Review of One (1) Preferred Concept Plan
- Review of Preferred Concept Plan and Precedent Image Board 1.00 1.00
- Review of Preferred Concept and Revised Precedent Image Board
- Review schedule and milestones
- Meeting Outcome: Direction to design team for revisions and preparation for Public Outreach Meeting #3
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Public Outreach Event #3: Review of (1) Preferred Concept Plan
- Preparation of Preferred Concept Plan Presentation Materials 1.00 2.00
- Preparation of flyers and announcements
- Presentation of Preferred Concept Plan and Precedent Image Board during a public event 1.00 1.00
- Review of preferred design elements from Public Outreach Meetings #1 and #2, Final comments and feedback
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Team Meeting #5: Review of Public Outreach Event #3 Comments and Feedback
- Review of Comments and Feedback from Public Outreach Event #3 1.00 1.00
- Review of comments and feedback from presentation, discussion of preferences and priorities based on comments
- Review schedule and milestones
- Meeting Outcome: Direction to design team for revisions to develop Final Concept Plan
- Meeting Minutes with Detailed Discussion Items and Associated Action Plan 0.50
Development: One (1) Final Concept Plan
- Prepare (1) Final Concept Plan Based on Feedback from Team Meeting #5 0.50 1.00 2.00
- Preferred Concept Plan will represent to date feedback from Team Meetings, Public Art Meeting, and Public Outreach Events
- Concept Plan shall be presented on 24"x36" boards
- Prepare (2) Final Digital Renderings 1.00 4.00
- Renderings shall be presented on 24"x36" boards
- Prepare (1) Final Cost Estimate 1.00 1.00
- Cost estimate based on Preferred Conceptual design. Not for bidding purposes
- Prepare (1) Final Report Documenting Process, Meetings, and Final Concept Plan 2.00 2.00
Meetings:
- (3) Staff Meetings
- (1) Public Art Meeting
- (2) Public Outreach Events
Deliverables:
- (2) Preliminary Concept Plans, 24"x36" format - PDF and Hard Copy
- (4) Hand Drawn Renderings, 24"x36" format - PDF and Hard Copy
- (1) Precedent Image Board, 24"x36" format - PDF and Hard Copy
- (2) Digital Renderings, 24"x36" format - PDF and Hard Copy
- (1) Preliminary Cost Estimate - PDF and Hard Copy
- (1) Preferred Concept Plan, 24"x36" format - PDF and Hard Copy
- (1) Final Concept Plan, 24"x36" format - PDF and Hard Copy
- (2) Final Digital Renderings, 24"x36" format - PDF and Hard Copy
- (1) Final Cost Estimate - PDF and Hard Copy
- (1) Final Report - PDF and Hard Copy
- Presentation Materials - PDF and 24"x36" Boards
- Flyers and Announcements for Public Outreach Events
- Meeting Minutes - PDF
Subtotals (TASK 3):1,125.00$ 3,960.00$ 3,995.00$
Total (TASK 3):9,080.00$
Estimated Expenses (mileage, printing, etc.): 250.00$
Project Total:13,690.00$
Notes:
1. All work shall be billed based on a not-to-exceed fee amount unless written approval is provided by the client prior to task implementation.
2. DHM Staff can be available for in-person meetings, not outlined above, based on a time and expense basis for travel.
3. DHM Staff is available to begin work on this project immediately.
Omissions:
DHM is available for additional public art meetings on a time and expense basis.
- Public Art: Assumes that an artist will be chosen by DBP to complete art components proposed in the design.
- Civil Engineer: Assumes no Civil Engineering will be required during the Concept development phase
- Structural Engineer: Assumes no Structural Engineering will be required during the Concept development phase
- Geotechnical Engineer: Assumes no Geotechnical Engineering will be required during the Concept development phase
PROPOSAL NOTES & OMISSIONS