HomeMy WebLinkAbout12- Facilities Condition Inventory Architectural Services with Bechtle Architects PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of March, 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, Bechtle Architects Inc., 3$25 Valley Commons Drive Suite 3,
Bozeman, MT 59715, hereinafter referred to as "Architect."
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 Scope of Services attached hereto as Exhibit "A" and by this
reference made a part hereof.
2. Effective Date: This Agreement is effective upon the date of its execution and will
terminate on the twenty-ninth (29) day of June, 2012.
3. Scope of Work— Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services 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 Architect fourteen thousand and ninety-five dollars
($14,095) plus reimbursable printing expenses for services performed pursuant to the Scope of
Services. Any alteration or deviation from the described work that involves additional costs above
the Agreement amount will be performed by Architect 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, Architect makes the following representations:
a. Architect 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. Architect 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
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
Professional Services Agreement for Architectural Services
Page 1 of 5
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The parties agree that Architect is an independent
contractor for purposes of this Agreement and is not to be considered an employee of the City for
any purpose. Architect 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. Architect is not authorized to represent the City or otherwise bind the City in any dealings
between Architect and any third parties.
Architect 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. Architect shall maintain workers' compensation coverage for all members and employees of
Architect's business, except for those members who are exempted by law.
Architect 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, Architect 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 Architect or Architect's agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect
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 Architect or Architect's agents or employees.
Architect 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 Architect to assert its right to defense
or indemnification under this Agreement or under the Architect'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 Architect was obligated to defend the claim(s) or was obligated to indemnify the
City for a claim(s) or any portion(s) thereof.
s
Professional Services Agreement for Architectural Services
Page 2 of 5
The above obligations shall survive termination of this agreement.
In addition to and independent from the above, Architect 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 - $250,000/person and $500,0001 accident for property
damage/bodily injury
• 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 Architect commencing
work.
$. Professional Service: Architect agrees that all services and work performed
hereunder will be accomplished in a professional manner.
9. Compliance with Laws: Architect 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. Architect agrees to purchase a City business
license.
10. Nondiscrimination: The Architect will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal antidiscrimination laws, regulations,
and contracts. The Architect 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 Architect 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 Architect shall require these nondiscrimination terms of its sub-consultants
providing services 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
Professional services Agreement for Architectural Services
Page 3 of 5
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 Architect may not subcontract or assign Architect'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 Architect pursuant to this Agreement, except those separately identified in
the Scope of Services or in other written agreements between the parties, are jointly owned by the
Architect 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 Architect pursuant to this Agreement,
except those separately identified in the Scope of Services or in other written agreements between
the parties. Any re-use without written verification or adaptation by the Architect for the specific
purpose intended will be at the City's sole risk and without liability or legal exposure to the
Architect. 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 Architect is James Goehrung, City of
Bozeman Superintendant of Facilities and Architect's designated liaison with City is Scott Bechtle,
Principal/Nick Fulton, Project Manager.
15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or
provide documentation as requested by the City demonstrating Architect's compliance with the
requirements of this Agreement. Architect shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Architect pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Architect shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
17. 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
Professional Services Agreement for Architectural Services
Page 4 of 5
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
18. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA Bechtle Architects, Inc.
..
ARCHITECT
By By
Chris Kukulski, City Manager Scott Bechtle, AIA
APPROVED AS TO FORM:
By 4�
Gre ullivan, Bozeman City Attorney
Professional Services Agreement for Architectural Services
Page 5 of 5
IlBECHTLE
■ ARCHITECTS
April, 18, 2012
James Goehrung
City Of Bozeman, Facilities
309 South 10"`Avenue
Bozeman, MT 59715
RE: Facilities Condition Inventory Schedule
Dear James,
Included in this letter is the proposed schedule for the project. Please let me know if these times do not
work for you and your staff and we can reschedule. I would propose that we meet Tuesday afternoon at
2:30 at your conference room to conduct the kick-off meeting. We can revise the schedule at that time
if you would Iike. I would like to go over what your maintenance staff knows are issues with the
buildings and collect what floor plans you have for each building.
We have estimated the time we think each building will take to perform the on-site investigations.
This time may change depending on the building but provides a benchmark for scheduling the site
inspections.
PROPOSED SCHEDULE
Week 1
April 18, 2012 1:30-3:30pm Building Review Session: Kick-off Meeting(2 hrs)
SITE INSPECTIONS
Week 2
May 1, 1:00 - 5:00 pm * Alfred M Stiff. - 23040 sf -1937,1950,1996 (4 hrs)
May 3, 1:30 — 3:30 pm City Hall. - 16150 sf- 1950, 2009 (2 hrs)
Week
May 8, 1:30 —4:30 pm Bozeman Senior Center - 28100 sf. - 1980 Q hrs)
May 9, 8:00 am — 11:00 am Bozeman Public Library. - 52000 sf - 2005 (3 hrs)
Week 4
May 15, 1:30 —4:30 pm Fire Station#1 - 9716 sf. - 1964 (3 hrs)
May 16, 1:00 -- 3:00 pm* Fire Station #2 - 3785 sf - 1976 (2 hrs)
'991 1'<tilc\ ( n!ttttl<�dl� DIIN( stinc 101, lio/on;ts NI(g1tan:i X1)71 S 1': F�lt,.�5� i
%vw-,v.bechdearchitectsxom .r ithalr�rhtl�.irch�t�tr .r��s�i
City of Bozeman Facility Conditions Inventory
April 18, 2012
Page 2
May 16, 3:00 — 5:00 pm* Fire Station #3 - 17225 sf - 2010 (2 hrs)
Week
May 23, 8:00 am — 12:00 pm* Swim Center - 21500 sf - 1970 (4 hrs)
May 23, 1:30 —3:30 prn Lindley Center - 3044 sf - 1950 (2 hrs)
Week 6
May 30, 9:30 am — 11:30 am Beall Park - 3314 sf - 1937 (2 hrs)
May 30, 1:30 — 2:30 pm Bogert Pool House - 1860 sf - 1937, 1960 (1 hr)
May 30, 2:30 — 3:30 pm Cemetary Building - ?, ? (1 hr)
Week
June 6, 8:30 am -- 11:30 pm City Shop Complex. - 16759 sf - 1970 (5 hrs)
June 6, 1:30 — 3:30 pm
June 7, 8:30 am — 11:30 am Vehicle Maintenance. - 225,200 sf. - 2010 (5 hrs)
June 7, 1:30 — 3:30 pm
REPORT DOCUMENTATION
Week 8-9
June 14, 1:30 --2:30 pm Review meeting with City of Bozeman
June 22, 4:00 pm Final Report Submitted to City of Bozeman
Sincerely,
BECHTLE ARCHITECTS
l
Scott Bechtle,AIA
cc: File—COB FC1
o:lnbd120121city of bozeman fci proyeWcob fci schedule letter.docx
ARCHITECTURAL SERVICES FOR FACILITIES CONDITION INVENTORY
BOZEMAN , MT
Statement of Qualifications
Scott Bechtle,Authorized Representative
Bechtle Architects, Inc.
3825 Valley Commons Drive#3
Bozeman, MT 59718
ph. 406-585-4161
fx. 406-585-69190
scottb @bechtlearchirects.com
Vft
f+ a lF
•
F
s
i
0r
February 15, 2012 I:B CHiTLC S
PROPOSED FORMAT
City Of Bozeman 2012 Assessment
FACILITY CONDITION INVEN
WtRARD—WORMATION
Building: Building Name Original Construction: 19xx
Square Footage: xx,xxx SF Modified: 19xx Addition
Building Number: 1 19xx Remodel
19xx Remodel
SYSTEM: 1 FOUNDATION
COMPONENTS: 1A Footings/Foundation Walls
113 Exterior Steps/Retaining Walls
CATEGORY: 1 Safety 5 Energy Conservation
2 Damage/Wear Out 6 Aesthetics
3 Codes/Standards 7 Accessibility
4 Environmental Improvements S Other(Non-FCI Items)
PRIORITY: 1 IMMEDIATE
2 1-3 Years
3 3-10+Years
R7 1i
F.1 1A 2 1 Description.... $ -
F.2 1A 6 3 Description.... $ -
$ -
$ -
$ -
$
PROPOSED SCHEDULE
Basic Services-9 weeks
• Building Review Week 1
• Site Inspection Week 2 - 7
• Report Documentataion Week 8 - 9
Optional Services- add 4 weeks
• Verification and documentation of floor plans Add 1 additional week for documentation
• Cost estimating service Add 2 additional week to final report
• Capital improvement schedule based on useful Add 1 additional week to final report
life of systems and building materials
PROPOSED WORK PLAN
BASIC SERVICES
Building Review Session. I week
1. Distribute available building plans
2. Review FCI Report from 2008 and determine what has been completed
3. Review any known events requiring attention like hail damage or sytem failures
4. Review energy use per building and convert too ME Compare to national average to determine if
there may be a system or envelope issue with the building
5. Review Iong range capital improvement plans for each building
6. Review current maintenance activities and who is proforming those activities.
7. Review and adjust schedule based on availability of{Owner's maintenance personell availability.
Site Inspections: 6 weeks
1. Visit site to determine deficiencies. Architect, mechanical engineer, electrical engineer, maintenance
personnel.
2. Inspection schedule:
Week 2
Alfred M Stiff. - 23040 sf -1937,1950,1996
City Hall. - 16150 sf- 1950, 2009
Week 3
Bozeman Senior Center - 28100 sf - 1980
Bozeman Public Library. - 52000 sf. - 2005
Week 4
Fire Station #1 - 9716 sf. - 1964
Fire Station#2 - 3785 sf - 1976
Fire Station #3 - 17225 sf - 2010
Week 5
Swim Center - 21500 sf - 1970
Lindley Center - 3044 sf - 1950
Week 6
Beall Park - 3314 sf - 1937
Bogert Pool House - 1860 sf - 1937, 1960
Cemetary Building - >, ?
Week 7
City Shop Complex. - 16759 sf. - 1970
Vehicle Maintenance. - 225,200 sf, - 2010
Report Documentation: 2 weeks
Week 8.9
1. Review meeting with City of Bozeman
2. Final Report
OPTIONAL SERVICES -Add 4 weeks to final report
1. Verification and documentation of floor plans - data collected during site walk through. One additional
week for documentation. Fee estimate to be determined.
2. Cost estimating services - add two weeks to final report. Include contingency and escallation for 3 years.
Fee estimate to be determined.
3. Capital improvement schedule based on useful life of systems and building materials - add one week to
final report.Fee estimate to be determined.
4. On line website documentation. - on Bechtle Architects website password protected access for PDF down-
load. No additional charge.
COST ESTIMATE
Kickoff Meeting Hourly Rates
• 2 hours estimated time • Principal Architect = $115/hr
• Principal Architect, Mechanical Engineer, Electrical Engineer • Senior Architect = $95/hr
• Fee $710 • Mechanical Engineer = $120/hr
• Electrical Engineer = $120/hr
Site Visits
• 1.5 hours per building on site
• 1 hour per building for report
• Senior Archtiect, Mechanical Engineer, Electrical Engineer
• Estimated site visits - 14
• Fee = $12,600 total
Final Report
• Review meeting with minutes
• Architect, 1.5 hours, $175
• Final report documentation
• Senior Architect-4 hours, Principal Architect- 2 hours
• Fee- $610
• Optional Services
• 1 hour/ building/ person = 3 hours x 14= $4,970 est.
• CADD plans, capital improvement schedule =TBD
Total Basic Services Estimate =$14,095
• Optional cost estimating = $4970 est.
• Reimbursables = cost + 10% (printing, photos)
• Additional services = hourly+ reimbursables
Item Building Name Area Base Hours @ Complexity Est
=
5000 sf/hr Multiplier Hours
1 Allfred M Stiff 23040 SF 5 0.9 4
2 City Hall 16150 SF 3 0.75 2
3 Bozeman Senior Center 28100 SF 6 0.5 3
4 Bozeman Public Library 52000 SF 10 0.33 3
5 Fire Station#1 9716 SF 2 1.5 3
6 Fire Station#2 3785 SF 1 1.5 2
7 Fire Station #3 17225 SF 3 0.5 2
8 Swim Center 21500 SF 4 1 4
9 Lindley Center 3044 SF 1 2 2
10 Beal Park 3314 SF 1 2 2
11 Bogert Pool House 1860 SF 1 1 1
12 Cemetary Building ? SF 1 1 1
13 City Shop Complex 16759 SF 3 1.5 5
14 Vehicle Maintenance 225200 SF 45 0.1 5
39
Average per building site time 2.8
Office time @ 1/2 hr/bldg 7.0
Discounted
;Professional Rate _
Site Office
Architect Rate $ 85 $ 3,296 $ 595.0
Mechanical Engineer(Discount) $ 95 $ 3,684 $ 665.0
Electrical Engineer (Discount) $ 95 $ 3,684 $ 665.0
Site Visits $ 10,665 $ 1,925
Subtotal Site+Office Time $ 12,590
Kick Off Meeting $ 710
Final Report and Meeting $ 785
$ 14,085
Optional Services
Cost Estimating $ 4,970 Add 2 weeks
Verification of floor plans Hourly Add 1 week
Capital Improvement Schedule Hourly Add 1 week