HomeMy WebLinkAbout21- Task Order NE21-004 - Sanderson Stewart Cottonwood & Ida Parking Structure Pro FormaCity of Bozeman Urban Renewal District Term Contract
Task Order Number #NE21-004
PROJECT: Cottonwood and Ida Parking Structure 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 April 14, 2021 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:
City: David Fine, Urban Renewal Program Manager 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 NE21-004. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $13,300.00. Sanderson Stewart shall submit invoices to the City of
Bozeman 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
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Northeast Urban Renewal District
Scope of Work – Cottonwood and Ida Parking Structure Pro Forma
Task Order No. NE21-004
4/14/21
Sanderson Stewart is pleased to provide this scope of work for a pro forma analysis of a potential parking
structure in the Northeast Urban Renewal District. This work is to be done as a part of the 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 City of Bozeman and
Walker Consultants. Sanderson Stewart will manage the overall project on behalf of the term contract team,
will attend meetings (if needed) with the City 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) $1,000
2. Structured Parking Pro Forma (Walker Consultants) $12,300
Total Project $13,300
Sanderson Stewart will bill for its services on a lump sum basis by phase with a project total of $13,300.
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.
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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 consideration, 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 and 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 memorandum.
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
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August 10, 2020
Danielle Scharf, PE, PTOE, LEED AP
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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
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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 CLIENT 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 guarantee 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 standard 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 statements 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
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Danielle Scharf, PE, PTOE, LEED AP
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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 Documents 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 of
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.
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