HomeMy WebLinkAboutProfessional Services Agreement for the Design of the Municipal CourtsPage 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chuck Winn, Assistant City Manager
SUBJECT: Professional Services Agreement for the Design of the Municipal Courts
and Police Facility
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign the professional services agreement
with ThinkOne Architects for the design of a Municipal Courts and Police Facility as authorized
in the FY2012/2013 budgets.
BACKGROUND: The City’s FY12 and FY13 budgets contained funding to begin the design
process for the City’s new Municipal Courts and Police Facility. This project has been on the
City’s work plan for several years and is needed to remedy space constraints in the current police
and courts locations within the Law and Justice Center (L&J).
On November 7, 2011, the City Commission approved a Memorandum of Understanding (MOU)
with Gallatin County to explore opportunities to work collectively on a new Courts/Law
Enforcement building on the L&J campus. Since that MOU was signed, we have been working
with the County and its various committees to move the process along. In May, the City issued a
request for proposals (RFP) for interested architectural firms to submit their qualifications for
this project. On June 7, we interviewed two firms and unanimously selected ThinkOne of
Bozeman to begin the design of the City’s new Municipal Courts and Police Facility.
Attached to this memo is the professional services agreement, scope of work, and fee breakdown
for this project. As we have yet to reach agreement with Gallatin County on the exact location
and cost of the property needed to build this facility, we have designed this contract to be flexible
in the phasing of the work to allow for any number of possible contingencies. These include, but
may not be limited to, the County’s interest in participating with us in either a full or partial joint
design, a standalone City facility on the campus, or perhaps an inability to reach a satisfactory
agreement on location or price, thereby forcing us to look at another site. Presently, we are
working with a newly created Law and Justice Center Task Force to identify the specific location
for this facility. Additionally, the task force will make a recommendation to the County
Commission as to what level, if any, they might partner with us on a joint design. We have
asked that these decisions be made rapidly as prolonged discussion would delay our design
efforts and jeopardize a possible November 2013 bond election should the Commission decide to
authorize one.
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UNRESOLVED ISSUES: Two significant issues remain; the location of the City’s facility on
the L&J site, and the ownership model for the property. We have discussed these with ThinkOne
and believe we should proceed as the final details are being worked out.
FISCAL EFFECTS: The City’s general fund budget contained $500,000 in FY12 and
$250,000 in FY13 to fund the design of the Municipal Courts and Police Facility. This design
contract will stay within the budgeted amount.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
Professional Services Agreement with ThinkOne
Scope of Work
Outline Fee Breakdown
Report compiled on:
September 3, 2012
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Professional Services Agreement for Architectural Services
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PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 20___, 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, ThinkOne, 101 East Main Street, Studio One, 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 completion of the work outlined in Exhibit “A, Phase 1”.
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 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
to general procedures or formats necessary to have these services meet this warranty.
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Professional Services Agreement for Architectural Services
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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.
The City agrees to indemnify and hold harmless Architect against all damages, liabilities or
costs, including reasonable attorney’s fees, on account of personal injury, death or damage to
property arising, in whole or in part, out of, or in connection with, the negligent acts of the City in
the performance of its obligations under this Agreement but only to the extent the City would be
liable for such damages, liabilities, or costs absent this provision.
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.
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Professional Services Agreement for Architectural Services
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Should Architect be required to bring an action against the City to assert its right to defense
or indemnification under this Agreement or under the City’s applicable insurance policies required
below the Architect 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 City was obligated to defend the claim(s) or was obligated to indemnify the
Architect 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, 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 - $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 Architect commencing
work.
8. 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 anti-discrimination 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
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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
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 Chuck Winn, Assistant City
Manager and Architect’s designated liaison with City is ____________________.
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
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Professional Services Agreement for Architectural Services
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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
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 ____________________________________
ARCHITECT (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Bozeman Municipal Courts and Police Facility
Scope of Services Description
We have developed this scoping document to clearly identify our understanding of the
project and our proposed services. The basis for our understanding of the project is
previously developed programming information. The overall size and budget for the
proposed facility will be developed though the Phase One Design Efforts.
The following scoping document outlines our Phase One and Phase Two design efforts. We
anticipate Phase One will include all necessary design services to adequately define the
project and prepare detailed and accurate cost information along with public presentation
information to support for a November 2013 bond election. This includes working with the
City of Bozeman and Gallatin County on a Land-Use agreement for development on the Law
and Justice Center Campus. We will also assist the City of Bozeman in hiring a CMAR/GCCM
for the project. The selected CMAR/GCCM will work with the City of Bozeman and ThinkOne
to review the project and make value driven decisions during the design process.
Upon a successful bond election, we will create an amendment to the original contract to
cover Phase Two design work which will include completion of Contract Documents, Bidding
& Negotiations, and Construction Administration Services.
Phase One Work Elements:
Programming Review and Validation:
1. ThinkOne will work with the City of Bozeman to thoroughly review all previously
developed programming and master planning work prepared for the Law and Justice
Campus. We will work with Gallatin County and their current architect (Prugh and
Lennon) to fully understand the function, operation and security issues that have
driven the current master plan. We will also thoroughly research all existing site
information regarding utility location and capacity, storm water detention and
management, easements and access/egress conditions.
2. We will coordinate an ALTA/ACSM Land Title Survey of the property. This survey, in
addition to documenting standard site features and topography, will provide
thorough research and documentation of facts and analysis of pertinent to title,
including existing boundary lines, easements, rights-of-way, undisclosed interests
(prescriptive rights), permits, covenants, ambiguities, and encroachments, based on
current title commitment. The end result will be valuable not only for site design,
but also for planning and land-use decisions associated with the shared use
agreements between the City of Bozeman and Gallatin County.
3. We will coordinate an in-depth geotechnical investigation of the project site to
establish construction criteria for both the proposed structure and associated site
development. Because the proposed facility will be an “essential services” structure,
the proposed investigation will include additional deep borings to allow for monitoring
of ground water fluctuations as well as to determine a liquefaction triggering analysis
for the soils. This is necessary to determine liquefaction risk associated with a
design seismic event.
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4. We will schedule a series of on-site work sessions (Charrettes) to meet with the
building committee, building users, community members, etc. to begin the process
of documenting key functional issues, goals for the new facility and design concepts
to be incorporated in the design of the new facility. The following is our proposed
process:
a. Conduct initial on-site meetings to discuss previous programming and master
planning work and document the key needs, site issues and design goals
represented by this work. We will also have in-depth meetings with the
building committee to identify key “big picture” ideas and goals for the
project. We will also spend one full day meeting individually with building
users to discuss and document their needs and how they need operate in the
new building. This kick-off effort will likely be two full days of meetings
spread over a three day period (afternoon, full day, morning wrap up).
b. Schedule a site visit to Colorado to visit two similar facilities designed by
Anderson Mason Dale. The purpose of this visit is to review options on issues
such as security access, site separation, building flow and specific area
details. This visit will likely be a two day trip; the first day spent touring the
two facilities, the second (morning) will be review of what we saw and which
elements seem to be similar to what we need. We may also find some things
that do not work, and those should be documented also.
c. Conduct a second series of on-site meetings to present conceptual design
options for the site and building arrangement. At this point we would want to
meet with each building user group to thoroughly review, verify and
document specific needs for their space(s). During these meetings we will
involve our engineering team to discuss specific needs regarding systems,
security needs (systems, etc.), materials, finishes, etc. The purpose of this
meeting is to identify a “preferred” solution that will become the basis of
further design development. These meetings will be very interactive and will
take all of three full work days.
d. We will conduct a third series of on-site meetings to present and review
further development of the “preferred scheme”. We anticipate these
meetings will likely be primarily with the building committee and key building
user representatives. From these meetings we will be able to finalize our
documentation of the specific needs for each user and space. These meetings
will be spread over three work days.
e. We will make a final presentation of the “preferred concept design” solution to
the Building Committee in Bozeman. At this time we will present a formal
programming verification document to the client for final review and
comment. This document must be formally approved by the client prior to
proceeding into formal Schematic Design for the project. This will be a one
day presentation in Bozeman.
Work with the City of Bozeman and Gallatin County on Site Agreement
1. Work with the City of Bozeman and Gallatin County to determine how best to
organize the site to create a pad for the new Municipal Court and Police Facility.
a. Work with Gallatin County’s current architect (Prugh and Lenon Architects) to
determine the best organization to serve the needs of the Gallatin Detention
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Center, the proposed Bozeman Municipal Courts and Police Facility, and the
future Gallatin County District Court Facility.
b. Determine the best site organization to provide functional site circulation, site
security, and both public and secure access.
c. Work with Gallatin County to determine how construction may occur on the
site while maintaining on-going operations of both the Detention Center, and
the existing Justice Center. Identify how construction access, staging, and
activities can be sited to minimize impacts to the current operations.
d. Develop a site concept plan that identifies an adequate parcel of land to allow
construction of the proposed Bozeman Municipal Courts and Police facility.
This site area will be adequate to provide for both the building and associated
site development. This site diagram will also identify where on the Law and
Justice campus site access will occur for construction activities incl uding area
for staging and material storage. This plan will be further developed to
identify an exact parcel for land acquisition or formal lease agreement
between the City of Bozeman and Gallatin County.
e. Prepare an accurate dimensioned site drawing of the proposed building
site/pad for negotiations between the City of Bozeman and Gallatin County
regarding either sale or lease of the property.
i. If sale of the property is determined to be the best solution for both
the City of Bozeman and Gallatin County, ThinkOne will work with both
parties to prepare the necessary documentation (legal plat survey,
etc.) for use in processing a minor subdivision application. This work
will be additional services and will be negotiated at the time this
decision is made by the client.
ii. If a formal lease agreement is determined to be the best solution for
both the City of Bozeman and Gallatin County, ThinkOne will work with
both parties to prepare the necessary site drawing and supporting
documentation for the legal Condominium Documents. This work will
be additional services and will be negotiated at the time this decision is
made by the client.
f. This work will be run concurrent with initial phases of concept and schematic
design. It is necessary to have the building design fairly well developed to
make final decisions regarding site area, building placement, etc.
Work with Gallatin County’s Architect
1. The ThinkOne team will work with Gallatin County’s current architect (Prugh & Lenon
Architects) to identify key site and building functional and organizational
relationships. We will organize meetings with all involved parties beginning with the
Program Validation and Review / Concept Design phase to review options and
achieve agreement for site and building plan development. Development of key
functional relationships between existing buildings and future planned construction
are critical. In addition, development of a thorough plan for site access and security
is critical to ensuring current and later developments on the Law and Justice Site
function well together and maintain clear vehicular and pedestrian access and flow
are achieved.
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2. The ThinkOne team does not anticipate direct input regarding detailed design issues
from the County’s architect during formal schematic design, design development or
contact document production.
CMAR Advertising and Selection – Work with Selected CMAR
1. Our team will work with the City of Bozeman to develop a formal RFQ/RFP for the
selection of a CMAR/GCCM. We will assist as requested in review of the RFQ/RFP
responses, and we will assist as requested with the interview and selection process.
2. We will work with the selected CMAR/GCCM beginning early in the design process to
review and assess constructability issues, construction sequencing, material
selections, and systems selection. The purpose of this interaction is to interactively
“value engineer” the design to ensure the best value for the new facility is achieved.
3. We will work with the selected CMAR/GCCM to create and maintain a working project
construction estimate for the work. This estimate will be updated regularly to track
decisions on building and site design so the Building Committee can base key project
decisions on up to date costing information.
4. The ThinkOne team will also prepare a separate working construction cost estimate
and master project budget. The purpose for this is two-fold: first the independent
estimate prepared by the design team allows all parties to identify if there are
specific items or systems in the project that are being interpreted differently by the
design team versus the construction team (large differences in cost identified and
vetted); second it allow us to track other project costs that may not be specifically
attributed to construction, such as land costs, design fees, furniture or other soft
costs, etc.
5. We will work with the CMAR/GCCM to develop a working project cost estimate that
will become the basis for the future bond election. This information will be prepared
in a “user friendly” format that can be easily and clearly presented to the public.
Prepare Schematic / Design Development Documents
1. The ThinkOne team will work with the City of Bozeman to develop the facility design
to an appropriate level necessary for the design team and CMAR/GCCM to identify all
site organization function and constructed elements, building organization and
function, exterior design and major materials, building equipment and systems and
all other information needed to prepare a detailed and accurate preliminary project
cost estimate.
2. This work element will provide as a deliverable all site and building drawings to an
approximate 35% level of completeness (as relative to 100% construction
documents). We anticipate this will include formal Schematic Design and Design
Development phases of work. We will submit formal Schematic Design and Design
Development review packages to the client for review at the end of each work
element.
3. The design team will also prepare preliminary specifications identifying materials,
equipment and systems to aid in preparation of a detailed preliminary project cost
estimate.
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Prepare Presentation and Educational Materials for use with Bond Election
1. The ThinkOne team will work with the City of Bozeman to prepare necessary
presentation materials for use in the marketing and education efforts prior to the
proposed November 2013 bond election. It is anticipated this effort will include fully
detailed descriptive three-dimensional renderings of the building exterior and interior
(two exterior views and one interior view). Building site and floor plans will be
rendered for public presentation. All images and renderings will be prepared on
presentation boards as well as digitally for publication in promotional materials.
2. We will construct a three-dimensional physical model of the building and site to aid
in the public education efforts. This model will be made of basswood and have
limited exterior detail.
3. Our design team will attend all requested public presentation meetings to present
the project and answer questions the public may have. We have assumed a total of
four public forums for our proposal.
Phase One Additional Service Items Not Included in Base Fee Proposal:
1. Additional Energy Modeling for LEED Certification – The base fee includes basic
building and mechanical system modeling for the purpose of system selection and
design. If the City of Bozeman were to choose to pursue formal LEED Certification
for the project, a more detailed energy modeling study would be required as part of
this process. The cost included in Phase one would be the specific modeling required
during the Design Development Phase of work. Additional work would be required
during Phase Two services.
2. Additional Design Effort for LEED Certification – If the City of Bozeman chooses to
pursue LEED Certification additional effort during the Schematic Design and Design
Development phases of work is necessary to document the project. The fees
included in the Phase One efforts are for the preliminary design work and there
would be additional effort during Phase Two design.
3. Photovoltaic Panel System Design – If the City of Bozeman would choose, as part of
the mechanical and electrical system design, to include a photovoltaic panel system
as part of the project, additional electrical engineering design would be required.
The fees included in the Phase One efforts are for the preliminary design work and
there would be additional effort during Phase Two design.
4. Critical Operations MEP Systems (Enhanced Redundancy) – We will be designing the
new Municipal Courts and Police Facility as an “essential services” facility. We will be
providing emergency back-up power, and system redundancy as required by the
2009 IBC and FEMA requirements. If the City of Bozeman chooses to pursue a level
of system redundancy beyond these levels of design (redundant fire alarm and
security features, additional levels of redundancy for mechanical system control,
etc.) additional design services will be required. The fees included in the Phase One
efforts are for the preliminary design work and there would be additional effort
during Phase Two design.
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Phase Two Work Elements:
Prepare Construction Documents:
1. The ThinkOne team will work with the City of Bozeman and the selected CMAR/GCCM
to produce a complete Construction Documents package. This will include all
necessary site and building drawings and associated Specifications Manual to a level
of completeness for competitive bidding. We will work with the CMAR/GCCM to
coordinate the bid documents to fully describe the work included in the various bid
packages. It is assumed the project will be bid as one project and no element of the
work will be separated to allow “fast-track” bidding or construction.
a. Important exclusions:
i. The electrical design is assuming we will provide the design of the
telephone/data system raceway that includes outlet rough-ins, with
empty conduit stubbed to accessible ceiling or cable tray. We have
not included formal design for the telephone/data system, or cabling
and jack terminations for those respective systems.
ii. The mechanical design does not include design or specification of
specific scientific hoods and equipment for use in the evidence
processing areas. It is assumed the client will select and provide
specification data for fume hoods, specialized isolation equipment,
scientific equipment, etc. that is to be part of the project. We will
provide, power, exhaust ducting, etc. to these pieces of equipment.
iii. The mechanical design does not include laboratory items such as
laboratory gas, compressed air, nitrogen, vacuum, purified water, or
other specialty lab piping systems.
iv. Our fee proposal does not include any special inspection services
required during construction. It is assumed the City of Bozeman will
be contracting with an independent inspection service for this code
required work.
2. We will meet with the client eight (8) times during the production process to review
the progress of the drawings and discuss key design elements and systems.
3. We will work with the client and CMAR/GCCM to periodically update the project cost
estimate to verify the project is remaining within the prescribed construction budget.
If at any time we find the project costs are exceeding the budget ThinkOne will notify
the client in writing of the issue and propose options to bring the project back into
the required construction cost.
4. We will submit the completed documents to the City of Bozeman for plan review and
permit. We will include the necessary structural calculations and other
documentation necessary for this submittal.
5. We will submit the bid documents to the City of Bozeman for final review and
approval prior to proceeding with formal bidding. All comments received from the
client will be addressed in writing describing how they have been implemented into
the final documents.
Bidding and Negotiations:
1. The ThinkOne team will work with the City of Bozeman and the selected CMAR/GCCM
to prepare and print the bid documents for formal public bidding. The documents
will be one set of drawings with the associated Specification Manual. The drawings
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and specifications will be coordinated to reflect the various bid packages the
CMAR/GCCM has defined.
2. We will print a total of fifty (50) sets of bid documents. ThinkOne will coordinate
with the CMAR/GCCM regarding distribution of these bid documents. We will also
coordinate a publically accessible web site where the complete contract document
package in PDF form will be available for prospective bidders.
3. If more than fifty (50) sets of bid documents are required to be printed, ThinkOne
will bill the City of Bozeman for the direct cost for these printed documents.
4. We will schedule and coordinate a pre-bid conference with the CMAR/GCCM to
publically describe the project to prospective bidders. We will document this meeting
and make available to all attendees responses to questions.
5. The ThinkOne team will work with the CMAR/GCCM to address questions, comments,
etc. that are raised during the bidding process.
6. We will attend the formal Bid Opening and review the received bids with the client
and the CMAR/GCCM. After review of the received bids we will work with the
CMAR/GCCM to make recommendation on award of the prospective bid packages.
Construction Administration Services:
1. It is assumed the Construction Phase for this project will be approximately 16
months (70 weeks). The man-hours and expenses were developed using this
timeframe for our efforts.
2. The ThinkOne team will provide all necessary review of documentation and
submittals provided by the contractor for the project. Approved submittals will be
returned to the contractor and published to a publically accessible web site for access
by all project team members.
3. We will respond to and/or create all Requests for Information (RFI) Requests for
Proposal (RFP) documentation.
4. We will prepare formal Change Orders for approved changes to the work.
5. We will attend bi-weekly project meetings and document those meetings.
6. ThinkOne will provide on-site observation a total of two (2) days per week for a total
of six hours of on-site time. All site visits will be documented with observation
reports. It is assumed that this time includes participation in the bi-weekly project
meetings.
7. The consulting engineering team (Morrison Maierle) will attend all bi-weekly project
meetings and will provide on on-site observation visit on intermediate weeks. These
visits will be documented with observation reports.
8. We provide one formal punch-list inspection and formally document our findings. We
will provide one final re-inspection to verify completion of the documented punch-list
items. We will prepare all project close-out documentation.
9. We will produce one complete set of As-Built drawings based on the contractor
provided red-marked drawings. These As-Built drawings will be provided in one set
of vellum drawings and one CD with digital copies (PDF) of all As-Built drawings.
10. We will perform a formal one year warranty inspection of the project. This inspection
will document any items in the building that have failed to operate as required.
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Phase Two Additional Service Items Not Included in Base Fee Proposal:
1. Land Planning Support for Land Separation Agreement – Once the City of Bozeman
and Gallatin County agree on a method for creation of a land parcel for the proposed
facility this effort will prepare the necessary supporting documents for the legal
agreement. Depending on which direction the parties choose for this separation this
effort could vary so a firm cost is not provided at this time.
2. Additional On-Site Construction Services by the Architect – This service would
provide an additional eight (8) hours per week of on-site observation services by the
Architect. This service benefits the client by allowing us to address construction
issues on a real-time basis and verify all element of construction is being performed
as designed.
3. Enhanced HVAC System Construction Review / Verification – This service will provide
one additional weekly site visit by the Mechanical Engineer to oversee the on -going
construction to ensure all elements are being installed as designed. They will also
attend all HVAC and Plumbing equipment start-up, provide functional testing of all
HVAC and Plumbing equipment and controls and review of contractor generated
reports of all code required tests of plumbing and piping.
4. Enhanced Electrical System Construction Review / Verification – This service will
provide one additional weekly site visit by the Mechanical Engineer to oversee the
on-going construction to ensure all elements are being installed as designed. They
will also attend electrical equipment start-ups, provide functional testing of all
electrical equipment and controls, and review contractor generated reports for all
code required tests.
5. Additional Energy Modeling for LEED Certification – If the City of Bozeman decides to
pursue this during Phase One design efforts, this effort would complete the
necessary energy modeling for formal LEED application and certification.
6. Additional Design Effort for LEED Certification – If the City of Bozeman decides to
pursue this during Phase One design efforts, this work would formally complete the
necessary work to document and make application for LEED Certification.
7. Photovoltaic Panel System Design – If included as part of the Phase One design this
additional service would complete the design of a photovoltaic panel system as part
of the project.
8. Critical Operations MEP Systems (Enhanced Redundancy) – If the City of Bozeman
chose to pursue a level of system redundancy beyond the standard level of design
(redundant fire alarm and security features, additional levels of redundancy for
mechanical system control, etc.) during Phase One design, this effort would complete
these system designs.
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Phase 1 Design Services Proposal
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8/3/2012 - 3:43 PM
Bozeman Municipal Courts and Police Facility
Phase One Design Services Fee Proposal
Progamming Verification and Concept Level Design:Man Hour Costs Reimbursable Exp.Total Cost
ThinkOne Architects $24,250 $4,125 $28,375
Anderson Mason Dale Architects $79,000 $7,900 $86,900
Morrison Maierle - Structural $2,872 $0 incl.$2,872
Mech./Plumb./F.P.$2,616 $2,650 $5,266
Electrical $2,616 $0 incl.$2,616
Civil Engineer $3,614 $0 incl.$3,614
Subtotal $114,968 $14,675 **$129,643
Schematic Design Services:Man Hour Costs Reimbursable Exp.Total Cost
ThinkOne Architects $30,748 $4,400 $35,148
Anderson Mason Dale Architects $105,640 $4,900 $110,540
Morrison Maierle - Structural $16,598 $0 incl.$16,598
Mech./Plumb./F.P.$19,252 $0 incl.$19,252
Electrical $14,156 $0 incl.$14,156
Civil Engineer $7,102 $0 incl.$7,102
Subtotal $193,496 $9,300 **$202,796
Design Development Services Man Hour Costs Reimbursable Exp.Total Cost
ThinkOne Architects $134,840 $6,250 $141,090
Anderson Mason Dale Architects $45,000 $5,500 $50,500
Morrison Maierle - Structural $32,256 $0 incl.$32,256
Mech./Plumb./F.P.$42,971 $0 incl.$42,971
Electrical $29,675 $0 incl.$29,675
Civil Engineer $16,519 $0 incl.$16,519
Subtotal $301,261 $11,750 **$313,011
** Reimbursable Expenses to be billed at Direct Cost plus 10% As-Needed
Total All Design Elements - Base Design Fee $609,725 **
Total All Design Elements - Including Estimated Reimb. Expenses $645,450
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Phase 1 Design Services Proposal
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8/3/2012 - 3:43 PM
Items To Be Billed As-Needed (Not-to-Exceed):Total Cost
Land Planning / Property Separation Assistance (Hourly Not-To-Exceed)$5,200
Security System Design Consultant (Phase 1 Effort Only)$18,675
ALTA / Land Survey (Legal Survey for Land Agreement)$20,000
Geotechnical Investigation $22,500
Land Negotiation with Gallatin County (Meetings, Graphics, etc.) (Hourly Not-to-Exceed)$14,125
CMAR Selection Process (Assist with RFP, Interviews, Final Selection) (Hourly Not-To-Exceed)$5,825
Bond Support (Bass Wood Model, (3) Renderings, Etc.) (Hourly Not-To-Exceed)$16,850
Subtotal $103,175 **
** These Items to Be Included on an Hourly-As-Needed Basis
Optional Additional Service Items (Not Included in Base Fee Package):Total Cost
Additional Energy Modeling for LEED Certification (Phase 1 Effort Only)$17,500
Additional Design Effort for LEED Certification (Phase 1 Effort Only)$20,625
Photovoltaic Panel System Design (Phase 1 Effort Only)$5,000
Critical Operations MEP Systems (Enhanced Redundancy of Systems) ( Phase 1 Effort Only)$8,000
Subtotal $51,125 **
** These Items to Be Included on an Hourly-As-Needed Basis
47