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HomeMy WebLinkAbout20- Task Order DTN21-001 - Sanderson Stewart - 10-year Parking Structure Operations and Maintenance Pro Forma CITY COMMISSION MEMORANDUM TO: Mayor Andrus and City Commission FROM: Chris Naumann, Downtown URD Director Downtown Bozeman Partnership SUBJECT: Downtown URD Term Contract Task Order DTN21-001 for a 10-year parking structure operations and maintenance pro forma. MEETING DATE: October 20, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to Sign the URD Term Contract Task Order DTN21-001. TERM CONTRACT BACKGROUND: Following a competitive RFQ process, a team led by Sanderson Stewart, also including A&E Architects, DCI Engineers, Walker Consultants, and CTC Technology and Energy, was awarded a multi-year term contract for urban renewal district professional services on October 22, 2018. TASK ORDER BACKGROUND: The scope for this task order shall include a preliminary pro-forma to better understand the day-to-day and long-term operational expenses of a new parking garage. This is intended to provide the City with initial 10-year fiscal forecast for the annual operating and maintenance costs plus the required sinking fund reserves necessary to pay for long-term maintenance improvements. This scope aligns with the FY2021 Downtown URD Work Plan. As we continue to identify and analyze potential sites for an additional parking structure, we must concurrently consider the financial aspects of a future garage including 1) sources and uses of funds for construction; and 2) short- and long-term costs of owning, operating, and maintaining a second facility. Structured Parking Informal, Site Plan, Bids $ 750,000 budgeted The URD will continue to invest in planning for additional structured parking downtown. This $750k would fund the informal (schematic) and site plan design work for a specific second parking garage. As noted below this is just a portion of the “soft costs” associated with constructing a new garage. FISCAL EFFECTS: Sanderson Stewart will bill for these services on a lump sum basis with a project total of $13,800.00. Funding to support this effort is included in the Downtown Urban Renewal District’s FY 2021 work plan and budget that was approved by the Downtown URD Board on June 16, 2020 and presented to the City Commission on July 13, 2020. UNRESOLVED ISSUES: None. ATTACHMENTS: The following documentation is included as a single attachment: • Downtown URD Task Order DTN21-001 • Sanderson Stewart Term Contract Team Rate Sheets Prepared by Chris Naumann and uploaded by Mike Maas. DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 City of Bozeman Urban Renewal District Term Contract Task Order Number #DTN21-001 PROJECT: Structured Parking Pro Forma Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated October 20, 2020 between the City of Bozeman Downtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: URD: Chris Naumann, Downtown URD Director Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number DTN21-001. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $13,800.00. Sanderson Stewart shall submit invoices to the City of Bozeman Downtown URD for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal Downtown URD Chris Naumann, Director DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 Downtown Urban Renewal District Scope of Work – Structured Parking Pro Forma Task Order No. DTN21-001 8/18/20 Sanderson Stewart is pleased to provide this scope of work for a pro forma analysis of a potential parking structure in Downtown Bozeman. This work is to be done as a part of the Downtown Urban Renewal District term contract for architectural and engineering services. The consultant team for this project includes Walker Consultants. Sanderson Stewart’s role on this project will be limited to general project management and coordination with the term contract team as noted below. A detailed scope of services from Walker Consultants is attached. Scope of Work: Phase 1 - Project Management and Coordination (Sanderson Stewart) This phase of the project will include project initiation and general coordination with the Downtown Bozeman Partnership, City of Bozeman and Walker Consultants. Sanderson Stewart will manage the overall project on behalf of the term contract team, will attend up to three meetings with the Downtown Partnership and Walker Consultants, and will review deliverables provided by Walker Consultants. Phase 2 – Structured Parking Pro Forma (Walker Consultants) This phase of the project will include the tasks outlined in the attached scope of work provided by Walker Consultants. Fees and Billing Arrangements: Phase Fee 1. Project Management and Coordination (Sanderson Stewart) $1,500 2. Structured Parking Pro Forma (Walker Consultants) $12,300 Total Project $13,800 Sanderson Stewart will bill for its services on a lump sum basis by phase with a project total of $13,800. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 m:\proposal\cmpltpro\studies\government\2020 downtown bozeman partnership\downtown bozeman partnership pro forma.docx August 10, 2020 Danielle Scharf, PE, PTOE, LEEP AP Sanderson Stewart 106 E Bannock St. Bozeman, Montana 59715 Re: Proposal for Parking Pro Forma Dear Ms. Scharf: PROJECT UNDERSTANDING The Downtown Bozeman Partnership (“Client”) is considering construction a second parking garage in the City of Bozeman, Montana. As part of that cons ideration, they want a better understanding of the day -to-day and long- term operational expenses of the garage. This preliminary pro-forma is intended to provide the City with initial information in order to better understand what the annual operating an d maintenance costs will be for the garage. Downtown Bozeman Partnership has asked Walker Consultants to perform and develop a 10-year operating expense pro forma. SCOPE OF SERVICES 1. Meet with Client via conference call to review intended operation of the parking garage and other associated operating assumptions. 2. Provide list of requested data for the operating expenses of the exsiting parking garage. 3. Project annual operating expenses including but not limited to: i. direct labor and fringe benefits; ii. utilities; iii. supplies; iv. on-going maintenance (contracts and equipment) v. snow removal; and vi. long-term structural maintenance (a sinking fund for periodic major expenses). 4. Summarize our assupmptions and projections in a memo randum. 5. Review our findings with Client via a web-based meeting. 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 walkerconsultants.com DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 August 10, 2020 Danielle Scharf, PE, PTOE, LEED AP Page 2 SCHEDULE & PROFESSIONAL FEE We are prepared to begin this engagement once provided written authorization to proceed using the attached General Conditions of Agreement for Consulting Services. Our deliverable will be submitted within two weeks of the kick-off meeting. We will complete the above scope of services for a lump sum fee of $12,300. Sincerely, WALKER CONSULTANTS Andrew J. Vidor Director of Studies Enclosures General Conditions of Agreement for Consulting Services AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. SANDSERSON STEWART Accepted by (Signature) Printed Name Title Date DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 GENERAL CONDITIONS OF AGREEMENT FOR CONSULTING SERVICES PAGE 3 SERVICES - Walker Consultants (“WALKER”) will provide CLIENT limited professional services described in the attached Scope of Services letter [the “Services”]. WALKER’s instruments of service may include reports, analyses, critiques or prospective financial statements and financial forecasts (“Projections”). All deliverable are hereinafter termed “Documents”. The Services are provided solely in accordance with written information and documents supplied by CLIENT and are limited to and furnished solely for CLIENT’s specific use disclosed to WALKER in writing. Any additional services requested will be provided on a time and material basis or for a mutually agreeable lump sum fee. PAYMENT FOR SERVICES - Prior to commencement of services the CLIENT agrees to make an Initial Payment to Walker in an amount equal to 20% of the total fee or as stated in the attached letter. This amount will be credited to the last invoice(s) sent to the CLIENT. Payment is due upon receipt of invoice. If for any reason CLIEN T does not pay WALKER within thirty (30) days of date of invoice, CLIENT agrees to pay WALKER a late charge of one and one half percent (1½%) per month of any unpaid balance of the invoice plus attorney’s fees and other costs incurred to collect the unpaid sum. STANDARD OF CARE - WALKER will perform the Services consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. No other warranty, express or implied, is made. PERIOD OF SERVICE - Services shall be deemed complete the earlier of: (1) the date when Documents are accepted by CLIENT or (2) thirty (30) days after Documents are delivered to CLIENT. RELIANCE ON INFORMATION PROVIDED BY OTHERS - Any estimates or projections provided by WALKER will be premised upon assumptions provided by CLIENT. As used herein, an “assumption” is an axiom or proposition which is included in an analysis to project future performance or events and is not a guarante e of performance, or representation of a fact which will eventually exist or be attained or reached. CLIENT fully understands that WALKER must utilize such “assumptions” in order to perform feasibility or other analyses. Furthermore, CLIENT fully understands that WALKER is not an auditor or a certified public accountant and will not independently review or investigate misrepresentations, fraud, misappropriation, completeness or accuracy of the information or assumptions provided by CLIENT, its agents, representatives or others supplying information or data to WALKER for its use in performance of the Services. WALKER may draw certain assumptions from its past work on other projects of similar or like nature, and will do so in a manner consistent with the s tandard of care within the profession. CLIENT fully understands that, because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. FINANCIAL PROJECTIONS - WALKER may compile, from information and assumptions provided by CLIENT, projections and related prospective stat ements of income, expenses and cash flow. CLIENT is responsible for representation about its plans and expectations and for disclosure of significant information that might affect the Services. WALKER is not CLIENT’s investment advisor or advocate. The actual results achieved will vary from the projections and variations may be material. CHANGES IN ASSUMPTIONS AFTER COMPLETION OF SERVICES – Unforeseen and changed laws, technologies, events or circumstances may occur after the course of this engagement and completion of Services which may render the Documents obsolete. WALKER has no responsibility to inform CLIENT about changed circumstances impacting projections and does not have any responsibility to update Documents for events and circumstances occurring after delivery of Documents to CLIENT. CONSEQUENTIAL DAMAGES – To the fullest extent permitted by law, neither the client nor WALKER, shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 August 10, 2020 Danielle Scharf, PE, PTOE, LEED AP Page 4 connected in any way to the services or projections provided under this agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. NO THIRD-PARTY BENEFICIARY – CLIENT understands that the Documents are prepared for CLIENT’s internal management use only and that Documents are for CLIENT’s sole benefit and no third-party beneficiary is implied. CLIENT agrees to obtain WALKER’s prior written permission before distributing a copy of the Documen ts to anyone other than a member of its internal management. If CLIENT distributes a copy of the Documents to any person or entity other than its internal management, CLIENT fully understands that it does so at its own risk, and WALKER assumes no liability or responsibility therefor or the consequences thereof and CLIENT hereby agrees to indemnify and hold harmless from and against any and all claims or causes of actions for damages or loss against WALKER by such person or entity as a result o f said person’s alleged reliance on the Documents. USE OF DOCUMENTS - CLIENT agrees not to use documents in a transaction in which one relies on the accuracy of projections, and WALKER assumes no responsibility for CLIENT’s actions in its use of the documents in such transactions. Further, any use of documents for modifications or extensions of the services, new projects, or completion of this project by others, without WALKER’S specific written consent, will be at CLIENT’s sole risk. STATUTE OF LIMITATION – Parties agree that all legal action by one party against the other arising out of this Agreement or connected with the Services shall be barred and no such claim shall be initiated by either party after four (4) years have passed from the date the Documents were delivered to the CLIENT, unless applicable statute of limitation sets a shorter period. LIMITATION OF REMEDIES - WALKER’S liability to CLIENT as a result of acts, errors or omissions of WALKER shall be limited in the aggregate to the fee for the associated effort. MEDIATION – If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. Costs of any mediation proceeding shall be shared equally by all parties. MUNICIPAL FINANCIAL ADVISOR – Walker Consultants is not registered with the U.S. Securities and Exchange Commission (“SEC”) as a municipal financial advisor. As such, Walker’s consultation will be limited to engineering advice based on site and/or economic feasibility; Walker will not be recommending a specific financial structure or vehicle for consideration, nor will Walker recommend a specific financial plan. For those services, the owner/client should seek counsel from a qualified municipal financial advisor. Any opinions or views provided by Walker are not intended to be, and do not constitute, advice within the meaning of Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act. DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 CHARGE OUT RATES EFFECTIVE AUGUST 2019 At Sanderson Stewart, we strive to provide great customer service and value. While we can offer the traditional method of billing by hourly charge rates, we strongly encourage our current and prospective clients to consider a lump sum arrangement in determining your overall project compensation. Fixed-fee projects can result in substantial savings over our posted hourly billing rates and provide a level of certainty at the outset of your project. STAFF PERSONNEL SERVICES Expert Witness/Special Consultant $ 265.00 / hour Principal $ 185.00 / hour Senior Engineer I $ 145.00 / hour Senior Engineer II $ 170.00 / hour Project Engineer I $ 110.00 / hour Project Engineer II $ 120.00 / hour Staff Engineer I $ 95.00 / hour Staff Engineer II $ 105.00 / hour Engineer Intern $ 65.00 / hour Senior Land Planner $ 135.00 / hour Land Planner $ 130.00 / hour Right-of-Way Agent $ 135.00 / hour Landscape Architect $ 115.00 / hour Senior Landscape Architect I $ 125.00 / hour Senior Landscape Architect II $ 140.00 / hour Landscape Designer I $ 80.00 / hour Landscape Designer II $ 100.00 / hour Senior Professional Land Surveyor $ 135.00 / hour Professional Land Surveyor $ 115.00 / hour Staff Surveyor I $ 85.00 / hour Staff Surveyor II $ 100.00 / hour DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7 Sanderson Stewart Charge Out Rates Effective August 1, 2019 Page 2 Field Survey Technician I $ 75.00 / hour Field Survey Technician II $ 80.00 / hour Marketing Director $ 125.00 / hour Graphic Artist $ 95.00 / hour Photographer $ 180.00 / hour Web Developer $ 90.00 / hour Senior Designer I $ 95.00 / hour Senior Designer II $ 105.00 / hour Designer $ 90.00 / hour CADD Technician $ 80.00 / hour Senior Construction Engineering Technician $ 115.00 / hour Construction Engineering Technician $ 85.00 / hour Construction Inspector $ 80.00 / hour Project Administrator $ 75.00 / hour Administrative/Clerical $ 70.00 / hour SURVEY CREW SERVICES 1-man Crew/2-man Crew $ Per Job OUTSIDE CONSULTANTS 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, 3.5% * postage, materials, and travel) based on professional services only * unless modified by contract DocuSign Envelope ID: D1CDAC45-6FAC-46FF-BE3F-8678A327BFE7