HomeMy WebLinkAboutAward of Contract to Comma-Q for Recreation and Aquatic Feasibility Study Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Dingman, Parks and Recreation Director
SUBJECT: Award of contract for Recreation/Aquatics Facility Feasibility Study
MEETING DATE: January 23, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Authorize the City Manager to sign a contract with Comma-Q
Architecture, Inc. to conduct a recreation/aquatics feasibility study.
BACKGROUND: On September 12, 2011 the City Commission directed staff to move
Capital Improvements Project (CIP) number GF136, Community Aquatic and Recreation Center
Feasibility Study (Study), from FY13 to FY12.
The project was budgeted for $65,000 and described in the CIP as “A study to include: The
analysis of existing facilities, programs, and demographic data, and recommendations for the
current and future facilities needs of the Bozeman area.
The study shall include: survey, public meetings, advertising, analyzing existing aquatics and
recreational facilities, demographic analysis, market analysis, and the development of
recommendations.”
Staff has advertised for Request for Proposals (RFP) and chosen Comma-Q Architecture, Inc., in
association with Barker, Rinker, and Seacat Architecture (BRS), to perform the feasibility study.
Comma-Q, BRS, and staff have met and developed a scope of work (included in the contract
attachment) and negotiated a cost for their services based on that scope of work.
The scope of work includes an inventory and analysis of Bozeman’s existing recreational and
aquatic facilities and programs, market analysis, meetings with stakeholders and potential
partners, meetings with the public, and a statistically valid survey. Through the process we will
look for and evaluate opportunities to partner with other public and private entities in the
provision of future services (i.e.; School District, YMCA, Deaconess Hospital, Gallatin County).
Meetings with stakeholders and strategic partners will take place early in the process to insure
the inclusion of any desired expansion of the scope of work agreed upon by the City and
potential partners. Any additions to the scope of work would not alter the purpose or intent of
the study and be treated as an amendment to the contract, paid for by outside sources.
The intent of the study is to provide information that will allow the City to make more informed
decisions about future recreation and aquatics facility options. The study will measure public
opinion of our current services and facilities and ask what future recreational amenities the
public desires.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The contract is within the amount budgeted as directed by previous
Commission action on September 12, 2011.
Attachments: Contract with Comma-Q
which includes the Project Scope
of work and hourly rate schedule
Report compiled on: January 12, 2012
PROFESSIONAL SERVICES AGREEMENT
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of January, 2012, by and
between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing
under the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771,
hereinafter referred to as “City,” and, Comma-Q Architecture, Inc., hereinafter referred to as
“Consultant.”
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 hire Consultant as an independent contractor to perform for
City services described in the Phase One Scope of Services/Work Plan attached hereto as “Exhibit
A” and by this reference made a part hereof.
2. Effective Date: This Agreement is effective as of the date listed above and will
terminate 12 months after execution.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Phase One Scope of Services/Work Plan attached hereto.
For conflicts between this Agreement and the Scope of Services, unless specifically provided
otherwise, the Agreement governs.
4. Payment: City agrees to pay Consultant Sixty Five Thousand Dollars ($65,000) for
services and reimbursables performed pursuant to the Scope of Services/Work Plan. Consultant
may invoice the City monthly based upon the progress of each unit of work (Activities 1.0 through
1.6) described in the Phase One Scope of Services/Work Plan. Any alteration or deviation from the
described work that involves additional costs above the Agreement amount will be performed by
Consultant after written request by the City, and will become an additional charge over and above
the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Consultant makes the following
representations:
a. Consultant 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, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Services.
b. Consultant 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
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PROFESSIONAL SERVICES AGREEMENT
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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: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not to be considered an employee of
the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise
bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and
employees of Consultant’s business, except for those members who are exempted by law.
Consultant 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold
the City harmless against claims, demands, suits, damages, losses, and expenses connected
therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Consultant or Consultant’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 Consultant or Consultant’s agents or employees.
Consultant 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.
Should City be required to bring an action against the Consultant to assert its right to
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PROFESSIONAL SERVICES AGREEMENT
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defense or indemnification under this Agreement or under the Consultant’s applicable insurance
policies required below the City 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 Consultant was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
The above obligations shall survive termination of this agreement.
In addition to and independent from the above, Consultant shall secure insurance coverage
acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a
company authorized to do business in the State of Montana 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
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
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 thirty (30) day notice of cancellation or non-renewal. The
City must approve all insurance coverage and endorsements prior to the Consultant commencing
work.
8. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner.
9. Compliance with Laws: Consultant agrees to comply with all federal, state and
local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA. Consultant agrees to purchase a City business
license.
10. Nondiscrimination: Discrimination in the performance of this Agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the
hiring and treatment of the Contractor’s employees and to all subcontracts entered into by the
Contractor in the performance of the duties under this Agreement.
11. Default and Termination: If either party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other party, at its option, may terminate
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PROFESSIONAL SERVICES AGREEMENT
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this Agreement and be released from all obligations if the default is not cured within ten (10) days
after written notice is provided to the defaulting party. Said notice shall set forth the items to be
cured. Additionally, the non-defaulting party may bring suit for damages, specific performance,
and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of
one remedy does not preclude use of the others. Notices shall be provided in writing and hand-
delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by
both parties hereto. The Consultant may not subcontract or assign Consultant’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.
13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Consultant pursuant to this Agreement, except those separately identified
in the Scope of Services/Work Plan or in other written agreements between the parties, are jointly
owned by the Consultant and the City. The City has authority to release, publish or otherwise use,
in whole or part, reports, information, data, and other materials prepared by the Consultant pursuant
to this Agreement, unless otherwise agreed to in writing by the parties. Any re-use without written
verification or adaptation by the Consultant for the specific purpose intended will be at the City’s
sole risk and without liability or legal exposure to the Consultant. No material produced in whole
or in part under this Agreement may be copyrighted or patented in the United States or in any other
country without the prior written approval of the City.
14. Liaison: City’s designated liaison with Consultant is Ron Dingman and
Consultant’s designated liaison with City is Ben Lloyd
15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
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PROFESSIONAL SERVICES AGREEMENT
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CITY OF BOZEMAN, MONTANA
By________________________________ By__________________________________
Chris Kukulski, City Manager CONSULTANT
Print Name: Ben Lloyd
APPROVED AS TO FORM: Print Title: President/Architect
By_______________________________
Greg Sullivan, City Attorney
Attest:
BY: ____________________________________
(Clerk of Commission)
117
Recreation / Aquatics Facilities Feasibility Study
City of Bozeman, Montana
Work Plan
November 28, 2011
Revised: January 12, 2012
Activity Scope Description CQBRSB*KWTI
1.0 City Commission Approves Selection of Consultant / Contract Approval
• Notification of Consultant and Teaming Strategy
Conference • Confirm Existing Facility Assessment work scope
Call • Confirm Architectural Design and Operational Feasibility work scope
• Confirm public input process requirements
• Schedule and timeline approval
• Contract approval
• Planning, data gathering and research for the following:2 2
• Project vision, goals and objectives 1 1
• Preliminary program review discussion 3
• Schedule, budget, and project delivery objectives 1
• Finalize stakeholder meetings (participants, dates, locations, questions, invitations)1
• Discuss draft presentation for Community Meeting 1
Phase Cost:$1,665$440$1,225
1.12 days,
January
Workshop 1 - Market Analysis / Stakeholder Meetings / Site Tours/ Community
Meeting 1
Day 1 - Team Meeting with City Staff/ Steering Committee
TRIP 1 Meeting 1 • Introduce team and discuss conceptual design / feasibility study process 16 48
• Project vision, goals and objective, including sustainable design goals
• Involvement plan for City, community, and stakeholders
• Discuss and review desired facilities and project budget
• Discuss potential partnership and funding opportunities
• Current and future demands with the community
• Discuss design potential and alternate sites
• Schedule, budget, phasing and project delivery objectives
• Play the "Program Card Game"
• Review Market Analysis process
• Review Aquatics Options
• Review / collect Owner provided site data
• Review Draft Community Meeting 1 Presentation
• Meet with City Manager and Commission
• Meet with Planning and Public Works Staff
• Tour sites, existing facilities, local amenities, key architectural character sites and get
to know the community
• Begin compiling data on all existing recreation amenities / facilities / providers
• Begin on-site market analysis research
Meeting 2-5
• Conduct (4) stakeholder / focus group meetings
Meeting 6 Day 2- Community Meeting 1 - Community Meeting 1 - Program "Card Game"
• Similar agenda to Meeting 1
• Prepare meeting minutes 2
Phase Cost:$11,710$1,760$8,750 $1,200
Exhibit A
Team Involvement
Day 1- & Day 2 - Stakeholder Meetings
PHASE ONE
Page 1 of 5 118
Recreation / Aquatics Facilities Feasibility Study
City of Bozeman, Montana
Work Plan
November 28, 2011
Revised: January 12, 2012
Activity Scope Description CQBRSB*KWTI
Team Involvement
1.23 weeks Work Period 1 - Market Analysis / Preliminary Site Analysis / Preliminary Program &
Budget
Scope Change: See Options 3 & 4 Below
• Draft Mission and Goals Statement 1
• Prepare preliminary Market Analysis
• Identify and research potential partners
• Prepare summary of facility assessment 8
• Prepare summary of existing programs and facilities
4 4
3 3
• Update site plan alternatives exploring:
• Vehicular and pedestrian circulation
• Environmental criteria (sun, light, topography, drainage…)
• Parking
• Utilities, service access, maintenance issues
• Draft Site Alternatives Budget Comparison Matrix to compare all site alternatives using
provide materials
11
• Prepare scaled bubble diagrams to test fit program options on sites 2
• Prepare draft presentation for City Commission / Community Meetings 2
Phase Cost:$7,035$1,760$2,275 $3,000
1.36 weeks Statistically Valid Survey
Meeting 7 • Conduct Statistically Valid Survey
• Develop survey instrument / questions 2
• Establish survey type
• Administer community wide survey (300 responses guaranteed)
• Compile and interpret survey results 1
Phase Cost:$525$0$525
1.41 day,
March
Workshop 2- Market Analysis / Stakeholder Meetings / Site Tours/ Community
Meeting 2
Team Meeting with City Staff/ Steering Committee
Trip 2 Meeting 8 • Introduce team and discuss conceptual design / feasibility study process 8 12
• Review project goals
• Review existing facility assessments
• Review findings from stakeholder meetings
• Review findings from statistically valid survey
• Review potential partner opportunities
• Update on Market Analysis process
• Review program and budget scenarios / options
• Review site analysis options
• Conduct aquatic programming preferences activity
• Review Community Meeting 2 Presentation
• Meet with Planning and Public Works Staff
Meeting 9
• Present findings from Community Meeting 1
• Present Power Point slide show of program and aquatics options
• Play program "Card Game" with all attendees
• Conduct aquatic programming preferences activity
• Review game results and discuss priorities
• Review Market Analysis and Survey Process
• Next steps
Community Meeting 2 - Program "Card Game" and Site Discussion (Evening Meeting)
• Review preliminary site analysis diagrams and review criteria for up to 3 sites
• Prepare Preliminary Program Options and SF Cost Model Budget (Card Game)
• Prepare site analysis diagrams based on Owner provided site data for up to 3 sites
Page 2 of 5 119
Recreation / Aquatics Facilities Feasibility Study
City of Bozeman, Montana
Work Plan
November 28, 2011
Revised: January 12, 2012
Activity Scope Description CQBRSB*KWTI
Team Involvement
Deliverables:
• Mission and Goals Statement
• Statistically valid survey results
• Draft Market Analysis
• Program and conceptual budget options
• Site Analysis Diagrams and alternate budget matrix
• Existing facility assessment summary
• Existing programs and facility inventory summary
• Meeting Minutes 2
Phase Cost:$4,530$880$2,450 $1,200
1.53 weeks
April
Work Period 2 - Market Analysis / Preliminary Site Analysis / Preliminary Program &
Budget
• Revise preliminary program options and selected site plan based on:2
• City Staff workshops
• Stakeholder Meetings
• Community Meetings
• City Commission Meetings
• Prepare community center plan relationships diagrams for test fit to alternative sites.14
• Prepare a Conceptual Project SF Budget Model for each alternative to include:12
• Program based construction budgets and phasing options
• Suggested fixture, furniture and equipment budgets
• Site & utility improvement / restoration / demolition budgets
• Fees and development budgets
• Contingencies
• Prepare draft presentation for City Commission / Community Meetings 2
Phase Cost:$1,920$220$1,400 $300
1.61 day April Workshop 3 - Commission Presentation of Phase One Report -
Community Meeting 3
Scope Change: See Option 2 Below
Trip 3 Meeting 10 • Review Conceptual Program Options 4 12
• Review Conceptual Aquatic Options
• Review Conceptual Budget Options
• Review Preferred Site Option(s)
• Review Partnership Opportunities - Cost / Benefits
• Review Funding Options
Phase Cost:$2,540$440$2,100
+/-4 Months Subtotal Phase One Cost$62,725$5,500$18,725$32,800$5,700
Estimated Phase One Reimbursable Expenses
See Option 5 below $11,800 $5,800$3,600$2,400
Total Phase One Estimate$74,525$5,500$24,525$36,400$8,100
NOOption 1 BRS to send only Craig for Workshop 1, Frank to participate via GoTo Meeting $0
Option 2Item 6.1, Meeting #10 (Final Phase 1 Report to GoTo meeting in lieu of onsite meeting.($2,600)
Option 3 Reduce B*K cost of assessing existing facilities (See B*K Scope Description)($1,000)
Option 4 Item 1.2, delete all existing facility physical assessment scope (CQ , WTI)($3,880)
Option 5 Reduce estimated reimbursable expenses (Cap total fee at $65K with expenses)($2,045)
Revised Total Phase One Lump Sum Contract Amount$65,000
• Review Preliminary Market Analysis / Proforma Projections
END OF PHASE ONE
GoTo Meeting
Page 3 of 5 120
Recreation / Aquatics Facilities Feasibility Study
City of Bozeman, Montana
Work Plan
November 28, 2011
Revised: January 12, 2012
Activity Scope Description CQBRSB*KWTI
Team Involvement
Notes
1 Topographic Survey, if required, to be provided to Design Team by Owner. Survey work
can be provided as an additional service.
2 Soils report to be provided to Design Team based on criteria and boring locations as
necessary for the engineering of the Project.
3 Environmental and hazardous materials studies to be provided to Design Team .
4 Traffic Study, if required, to be provided to Design Team by Owner. Traffic Study can be
provided as an additional service.
5 Rezoning and planning approvals for the selected site can be provided as an additional
service.
6 Project to be designed using a 3D modeling program. Detailed renderings and animations
can be provided as an additional service.
7 LEED certification, day lighting analysis and energy modeling is excluded.
8 Final deliverables will be in electronic format
9 Expansion of this work scope or deliverables can be provided as an additional service at
any time during the course of the study.
10 Hardcopy printing of final report and meeting materials can be provided as a reimbursable
expense
11 A 10% administrative fee will be added to reimbursable expenses
Legend
CQ = Comma Q, Lead
BRS = Barker Rinker Seacat
B*K = Ballard* King
WTI = Water Technology
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BILLING RATE CATEGORIES AND
REIMBURSABLE EXPENSES
(Effective January 1, 2012)
Hourly Rates
1. Comma-Q Architecture, Inc:
a. Senior Architect $110
b. Architect $ 90
c. Architectural Designer $ 60
d. Drafter $ 55
e. Project Administration $ 40
2. Barker Rinker Seacat Architecture, P.C.:
a. Principal $175
b. Project Manager $110
c. Job Captain $110
d. Project Administration $ 85
3. Ballard * King & Associates:
a. Principal $125
b. Associate $ 75
4. Water Technology, Inc.:
a. Principal / Project Leader $150
b. Project Manager $105
c. Project Designer $ 95
d. CAD Technician $ 65
e. Administrative $ 55
5. Services of Professional Consultants are billed at a multiple of one point one (1.1) times the amount billed
to Comma-Q Architecture, Inc
6. In addition to compensation for time and the services of professional consultants, compensation shall be
made to Comma-Q Architecture, Inc. for the following reimbursable expenses, which will be billed at a
multiple of one point one (1.1) times the amount billed to Comma-Q Architecture, Inc.:
a. Expense of transportation traveling outside the Metropolitan Bozeman area in connection with
the project. Use of private automobile shall be billed at fifty-five cents ($.55) per mile.
b. Long distance phone calls, deliveries and shipping, extraordinary mailing expenses and fees paid
for securing approval of authorities.
c. Printing, plotting and other document reproduction, brochures, contract documents and other
special presentation expenses (e.g. renderings, finish models).
7. Other expenses that are directly attributable to a project shall not be billed unless prior approval is
obtained from the Owner.
8. Payment due Comma-Q Architecture, Inc. shall bear interest at the rate of one and one-half percent
(1.5%) per month, commencing sixty days after the date of billing.
* * *
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