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HomeMy WebLinkAbout13- PSA Amendment between City and Nishkian Monks, PLLC Fire Station PROFESSIONAL SERVICES AGREEMEN`i'AME D ET' T THIS IS AN AGREEMENT'Aiv1ENDMENT made as of April 15,2013, between.THE CITY OF OBE MAN, :a Municipal Corporation, Bozeman, Montana, 54715 (OWNER) and Nislnkiaan Monks PLLC,Bozeman, Montana,(ENGINEER). Whereas the accomplishment of the work and services described in this amended Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing;and qualified to perform the professional engineering services for this project described in this amended Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein,the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT C, "Bozeman Fire Station 41--Phase 11 Proposal", are hereby incorporated in and made part of this amended Agreement; this amended Agreement is the controlling document; this amended Agreement includes the terms and conditions as stated in the original Agreement for professional services dated:December 06,2012 and modified as follows: ARTICLE 1 -ENGINEERING SERVICES 1,1, Acid: Phase 11 of this project consists of seismically rehabilitating the lateral force resisting system of the fire station, and expanding the fire station. The expansion will encompass increasing the second floor dormitory area over the existing apparatus room and 1"level fare station offices, The dormitory area will be remodel as part of the expansion work. Addition of a second level over tlae existing police department portion of the building is a future goal,but will not be part of this phase of the project. ARTICLE 4-BASIC ENGINEERING SERVICES 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase,ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope,extent and character of the Project. 422. ENGINEER shall then prepare a Preliminary Design Report,preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include,but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in tine project. 4.2.3.2. Summary geotechnical report for specific tasks,if needed. I 4.23.3. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.6. Geotechnical Expl}�orations and Analvsis: ']'he ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, acrd review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes;ENGINEER will not be responsible if it is used by others for other purposes. 4.17. Preliminary conce tual) Plans. Prepare preliminary (conceptual) construction plans with information which addresses the special features of each project task. 4.2.5. Based on the information contained in the preliminary design documents, ENGINEER will submit an opinion of probable Total Project Costs to the O`l NER. The Preliminary Design Phase will be completed and submitted within 42 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE 6.1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. 6.1.1 Pavnient. The OWNER shall for design phase services performed as Basic:Engineering Services under sections 4.1 * .-;?of this agreement pay a total sum in the amount of Not to .Exceed- Eleven Thousand Dollars(SI 1.000)Time and Material Fee Basis for such services. The OWNER shall for design phase sc..nices performed as Basic Engineering Services under section 4.2 of this agreement pay a total lump sum in the amount of Twenty Six 'Thousand _. Four Hundred and Fifty Dollars ($26,450)for such services. 6.L2 Payment Schedule. Monthly as hours are accrued, and per the hourly rate schedule attached in the Exhibits for work associated with section 4.1, and monthly based upon percent completion of the work associated wvith section 4.2. 6.1.4. Reimbursable Exl)enses, as defined in section 7.4 of this Agreement,for Basic Services and Approved. Additional Services shall be paid to the ENGINEER by the OWNER in the u l amount of 1.1 x the costs incurred. t ine said fey Ali 41:31hpp i-ei deiit'r=d ifl 2 In witness Whereof,the Pailies hereto do make and exeeute this Agreement. CITY OF BOZEi'41AN,MONTANA N AL ETA GINEER BY: e BY: (City Manager) 0(iP e t)t)......... �~ f DATE: DATE, ATTEST r'P 1 NOT BY: . O AL w. 11 r a EX[IRTC - BOZEMAN FIFZE STATION #1--PHASE H PROPOSAL HISHKIAN KNONKS C O N S U L T I N G AND STRUCTURAL ENGINEERS April 4,2013 Mr.James Goehrung Superintendent of Facility Services City of Bozeman 814 North Bozeman Ave., Bozeman, MT 59715 Reference: Rehabilitation and Expan.sion of Bozeman Fire Station 41 34 North Rouse, Bozeman, Montana Dear Mr. Goehrung: Subject: Structural Engineering Service Agreement We are pleased to propose the following agreement for engineering architectural services for Phase 11 of the seismic upgrade and expansion of the Fire Station#1 in Bozeman, Montana. Phase II is a continuation of Phase I of the project. The terms and conditions of the Professional Services Agreenient between Nishkian Monks(ENGINEER) and the City of Bozeman (OWNER), for Phase 1, dated December 6,2012, are part of this agreement and as modified herein.Please review this document and call with any comments or questions. DESCRIPTION OF PROJECT Phase 11 of this project consists of seismically rehabilitating the lateral force resisting system of the fire station, and expanding the fire station. The expansion will encompass increasing the second floor dormitory area over the existing apparatus room and I"level fire station offices. The dormitory area will be remodel as part of the expansion work. Addition of a second level over the existing police department portion of the building is a future goal,but will not be pail of this phase of the project. SCOPE OF WORK Design services for Phase 11 will be separated into two parts. Services to be provided for the first part are described in the attached exhibits D-F. Design services for the second part of Phase 11 will be provided in an amended agreement at a later date once the project is considered viable by the City of Bozeman. Nishkian Monks will remain as the prime consultant for the design services first pail of Phase IL Upon cornpletion of the first part, Studio Forina Architects will act as the prime consultant with the OWNER. A six(6) week timeline will be included in the overall project schedule scope of work for the first part of Phase 11. Work on this project could commence within one(1)week from the notice to proceed. 108 West Babcock street, Bozeman, MT.59715 www.nishkian.com Mr.Jarnes Goehrung 2 Re; Fire Station 41 Bozeman,Montana April 4,2013 COMPENSATION FOR ENGINEERING SERVICE The OWNER shall for design phase services performed as under Scope of Work of this agreement pay a total lurnp sum lee basis of Twenty Six Thousand--Four Hundred and Elfty- Dollars,.($26,450) for such services. Payrnent schedule will be on a monthly basis and based upon percent completion of the-work. Reimbursable expenses are in addition to the above fee for all direct out-of-pocket expenses, and will be billed at 1.1 x cost. This would include any copying,printing, rnailiag or delivery expenses. We look forward to continuation of this project and working with you. Sincerely, NISHKIAN MONKS CITY OF BOZEMAN not-'t-"' TyVks, PE BY: Principal (Signature) (Printed Name and Title) DATE, Encl: Exhibit D-Proposal/Scope by Nishkian Monks Exhibit E-Proposal/Scope by Studio.Forma Architects Exhibit F---Proposal/Scope by Allied Engineering Services NISHKIAN MONKS C 0 h C U L 7I h C AND y,I RUC`{0 R A L c N G a H E f R5 NISHKIAN MONKS CONS U LTtNr- AN 0 STR UCTURAL ENG I NEERS March 21,2013 EXH 0 T" D James Goehrung City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Reference: Phase 11—Bozenian.Fire Station 41 34 North Rouse, Bozeman, Montana Dear Mr. Goehrung: Subject-, Structural Engineering Service Proposal I am pleased to provide YOLL with a proposal for structural engineering services for Phase 11 of the Fire Station#1 project in Bozeman,Montana.Please review this document and call with any comments or questions, SERVICES TO BE PROVIDED (Based on C.A,S.E.National Practice Guidelines for Structural Engineer of Record.) 1. General consultation on structural issues-, 2. Participation in preliminary conferences and coordination with your office, as requested, to identify and establish project structural requirements; 3. Preparation of structural design drawings, calculations,and specifications in accordance with the governing code; SCOPE OF WORK The Scope of Work has been defined through the Phase I portion of this project; reference Our report,titled"Structural Assessment and Seismic Evaluation of Fire Station No. I,"dated February 13,2013, The existing structure will be seismically rehabilitated and upgraded to accommodate an expansion of the 2'd floor dormitory area over the apparatus area. The scope of the expansion is defined in Appendix C,Exhibit E of the report by our office. To complete the structural portion of this project,Nishkian Monks will need to retain the services of a composite fiber reinforced polymer(FRP)wrap,specialist. Nisbkian Monks will work with the FRP specialist to provide design recommendations for FRP wrapping elements of the lateral force resisting system of the structure. We propose aligning ourselves with Composite Systems, Inc.to provide this service. For the above described project and the request of the undersigned,Nishkian Monks will provide a Design Development level of the following: 1. Structural and lateral design; 2. Full service engineering drawings including roof and floor framing, foundation plans, details and all applicable schedules; 108 West Babcock Street,Bozeman,MT.59715 www.nishkian.com Mr.Jarnes Gochrung 2 Re: Fire Station AI- Phase I I Bozeman,Montana March 21,2013 3. Special structural drawings and details; 4. Cost estimating during the Design Development phase of the project only. EXCLUSIONS I. Value engineering services after design development drawings have been issued; 2. Bidding or negotiation phase work; 3. Services related to Secondary Structural Elements and their attachments,such as: a. exterior cladding systems(including curtain wall.and windows); b. steel stair and handrail design and detailing; c. sunshades and canopies. FEE DATA Our fee for the Services and Scope Of Work referenced above is a lump suni of Ten Thousand Dollars ($10,000). We will bill you based upon the percent of completion of our work- on a monthly basis. Expenses such as any mileage,mailing, and printing cost are in addition to the above stated fee, and will be billed at cost. Any authorized changes/revisions to the project after preliminary approval will be identified and billed separately. If the Scope of the project varies from our original assumption, we will be willing to adjust our fee up or down. This fee proposal is valid for 90 days from the date of this proposal. Very truly Yours, NISHKIAN MONKS A1W911 Matt Miller, PE Associate---Project Manager HHSHKIAN MONKS C 0 N S U L 71 N0 A1'0 ST R U C T U R h t E N 6 1 D f C RS FEE & SERVICES PROPOSAL. E, l-lll lT l A .. ,F o a h N�� April 4, 2013 STRIVE FOR BEAUTY Nishkian Monks Attu: Matt Miller 108 W. Babcock Bozeman, MT 89718 RE: Phase 2 Services Bozeman Fire Station#1 Renovation Matt, I am forwarding this proposal to complete the Phase 2 architectural services for the Bozeman Fire Station#1 Renovation as per our recent discussions. This proposal for StudioFORMA to complete these services is as follows. Phase 2 Fee Proposal The total fee proposal for these Phase 2 services would be$12,000. Phase 2 Deliverables and Services StudioFORMA would provide deliverables and services as follows: Meet with Fire Department to review proposed plan changes. Revise the three floor plans for the basement, second and third floors as per the comments from the review meeting. Develop exterior elevations in AutoGAD. Develop a list of interior and exterior materials. Develop a unit takeoff cost estimate. Develop a project cost estimate with input from the Owner. Develop a SketchUp 3-D model and digital images as selected by the Owner: Schedule We will begin work upon written approval of this Fee and Services Proposal and an executed contract for these services. We estimate it will take approximately three to four weeks to complete the Scope of Work if all information to be provided by the Owner occurs in a timely fashion. Studio,FORMA 442 E.Mendenhall Bozeman,MT 59765 A F C H i T c c 7 s PHJ 406.585.1400 FAX 406.585.98010 Billing Terms The work will be produced for fees aa outlined above and does not include reimbursables. We will be reimbursed for aU direct out-of-pocket expense with a multiplier of1.1. This Would include any out-of-Lovvntravel, nmpying, printing, mailing or delivery expenses ms requested by the Owner. Thank you for this opportunity to work together om this important project. VVe [mok forward to serving you with the Nghestufstandards, Sinnenely, Mark B. Head/ey,A[A. LEE DAP Principal S)tud'oFORMA +4uF.Mendenhall Bozeman,WTsmn5 xxux / / , cro | pHO4uumo*on FAX «mans9800 EXH0FTF Civil Engineering . GemtechnicaKEmgineerng . Land surveying \ az Discovery omve LWD\ m�enmn.m^o�nas9mm ENGINEERING po� (4ua) 582'0221 Fax: woa` saz-srm April 1Z013 Matt Miller, PG NishkianK4onks 108 West Babcock Bozeman, MT59715 Re: Proposal for Geonechoical Services for Fire Station#1 Bozeman,Montana Dear Mr. K8Qlec Thank you for the opportunity to provide this proposal for your firm's consideration, Au requested,this letter and attachments serve as our proposal/contract for geotuchuica| services for the proposed expansion ofFire Station L#1imBozeman, Montana, VVe are pleased tn provide this for your review and |muk forward to assisting you on this project. In order for you to become more familiar with AE5| and our capabilities, l invite you tn visit our web site at Project Location and Purpose The project site is located at the southeast corner of East Mendenhall Street and North Rouse Avenue |n Bozeman, Montana. The purpose of the work is to provide aOnuvmbXe bearing pressures such that additional foundation elements may be designed to accommodate the proposed expansion of Fire Station 41. The proposed foundation elements include the use of helical piers ormicropiley. We also understand there is some settlement of two small additions and a co�umn that you would like us to look at. Lastly,weunderstand you vvom|d like some recommendations for how to dose off an existing tunnel connecting the old City Hall to the Fire Station, Requested Services [omdwo1 e subsurface investigation of the proposed site, analyze the conditions and issues,and prepare a report with geotechnical recommendations, Proposed Scope mfWork for the Geotechnicall Investigation $4,458 1. The most important part of any geotechnima/ evaluation is properly � investigating the site's subsurface conditions since this is the basis for our recommendations, We plan to use o drill rig to bone one hole to 30 feet on the east side of the existing building � (likely in the existing parking area). The drill rig will be o sub-con1racLorto AE8. The fieldwork a�a�^ vnxnw.aK(iedengimeering.cnmm Malt Miller,PE Project:Geotemnica|Proposal for Expa*�onm Fire Static"41 April 3,2013 Rozeman,MT will be, performed by an experienced g,eotechnical engineer from AESI who will observe and log the borings, collect soil samples for laboratory analysis, and evaluate the existing soil conditions. Prior to any on-site explorations, a utility locate request will be called (for the marking of public utility lines). Following our investigation, the bmnc hole will be &ackfiUed with mm1k/e material and capped with cold mix asphalt. Z. Selected samples will be analyzed im the laboratory Lm verify soil classification and natural moisture content, 3. Based on our field and laboratory data, we will analyze the, site's geotechnicaU conditions and prepare a report The purpose of this mepuMc is to present technical information to the Owner, Architect, 3Trmc1mrm| Engineer, and Contractor for use during the planning, design, and construction of the proposed expansion. The report will summarize our recom mend ations with respect to the design of additional foundation elements, aOommh|c bearing capacities, and closing of the tunnel, We will also provide our thoughts and recommendations with respect to the settlement of the two small additions and the existing column, Drafted copies of the bore hole log, laboratory test results, and exhibits will be attached. Deliverables All deliverables will bm provided in pdf and hard copy formats. Fixed Fee Cost We will provide our geotechnical services for the fixed fee costs provided below: a $4L450 (includes the sub-contract driller) The terms and conditions under which our services are offered will be in accordance with the enclosed agreement for professional services. Those services not anticipated in our scope of work will be provided at the Client's request on a time and materials basis, or under separate agreement or authorization, as the services are identified and requested by the Owner. Project Schedule we can complete the fieldwork in the next two weeks and provide a report approximately one week after completing the field work, in closing, we appreciate the opportunity to submit this proposal and took forward to working with you no this project. If this proposal meets with your approval, please sign in the space provided below and return a copy tn our office indicating your authorization of the work. Our fax number isI'4G6-58Z-S770 or else you can e-mail meaPDFat . This proposal ix good for 3Odays. m2 Discovery Drive . ma,mxm.Montana ssno, Ph:*oe'sma-0uz1 .17=wu*/58»srm .=vw.m/iedenginee,mm.,nm Page m*t Miller,nc Project:meotemnica|proposal for Expansion mmemnu^ x/ April 3,2013 Bozeman,MT If you have any questions about this proposal or need any additional information regarding our proposed scope of work, please give me a call at1~10G-S82'0221. Sincerely, Allied Engineering Services,Inc. R 01 GOechnical Engineer enc: Agreement for Profeuiona|Services If you accept this proposal and authari7e the scope of work to proceed on a fixed fee basis for a cost of $4,450, please sign below and fax back toAE3] atI-4U6-5X2'S77U. |f desired,you may e-mail meaPDF copy at ' By: Signature: (print) Date-, M Station#I\Fire Station#1eeotem Proposal�03.13 revisea.docx ^nw3,aom meotechnicam,estigaoonforp|,eRmw^a Page Iora ALLIED SERVI S,INC, AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozernan, Montana,59718, hereinafter referred to as AESI,and Nishkian Monks, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted iu the prmpusai Together, these elements will constitute the entire agreement,superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. if this proposal is not accepted within one month of the proposal date, AE3| reserves the right to amend or withdraw the proposal axappropriate. Standard ofCare Services provided byAES| under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT shall examine and respond to AES|"x submissions; and give prompt written notice to AE3| whenever CLIENT observes or otherwise becomes aware mf any defect io the work. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AE5|to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construohnn records, etc.) indicating the existing site conditions including locations of all underground structures and mWldes. AES| will take reasonable precautions to avoid kmovvm underground structures or utilities, but CLIENT agrees to hold &ES| harmless from any damages that may result due to underground structures nr utilities that were not identified or accurately|ocated. Basis of Fees for Professional Services CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AES8, additional services will be charged on a time and materials basis with prior approval from the client. For reimbursable expenses and services prmvWedb9independent professional associates, consultants ur Apm3,zma wmLechn/m,investigation for wre Station xu Page 2ofa subcontracLucs employed byAE6[, CLIENT agrees 10 pay the amount billed to the AE5K times u factor of 1.10. Hourly rates for the various categories of employees are summarized asfollows: Employee Catgg_o[y Billable.Hourly Rate President/Principal $160/hour Senior Principal Engineer $130Vhom/ Principal Engineer $115/hnm/ Project Manager $100/hmu/ PrujectSurveVor $90/bonr Project Engineer $90/hour Design Engineer $80/hour Engineer Intern $70/hour Sumey|ntern $7Q/hour Sr,CAD Designer $75/hour CAD Designer $60/hour Environmental Specialist $75/hour Project Representative $65/humr Intern $55/hour Administration $50-$65/hour GPS0se $25/hour Total Station Use $13/hour ATV Use $15/homr Technicians $60-$70/hmur K8i|eege/TruckReota| $0.7O/m0eor minimum$35/dmy Reimbursable Expenses Reimbursable Expenses mean the actual expenses incurred byAES| in connection with the Project,such as expenses for: transportation; subsistence; tn]| telephone calls; reproduction ofreports, Drawings, Specifications, Bidding Documents and similar Project-related items; computer time; equipment rental,- and if authorized in advance by CLIENT,overtime work requiring higher than regular rates. Billing and Payment AE5| shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred, |f CLIENT disputes the amount of the billing, CLIENT will notify the AES1 in writing within ten(10) calendar days of the receipt of bill of the dispute. Payment is doe thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AES| within sixty (60) days may be considered a breach mf this agreement. CLIENT also agrees tn pay all collection fees if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AES].This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT,or if CLIENT suspends the work for more than three(3) months. in the event of termination, 4E8|will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT,AESI shall also be entitled to reasonable termination expenses, , ' April 3,zmo ceotechnical Investigation for Fire Station#1 Page sofs including, but not limited to the cost of completing records, and reports necessary to document job status a1 the time wftermination, Legal Relations &E3| Shall comply with all Federal, State, and Local iamo and ordinances applicable to the work tn be done. AF6y hereby agrees to indemnify and hold CLIENT harmless from all claims and liability due tu the activities of ALS|, their agents, employees, or both in performing the mmrh required. Any and an employees of AESI engaged in the performance of work or services required by this agreement shall be cnmsideredmmp]oyoesofAE3Y only and not of the CLIENT. The CLIENT hereby agrees %n indemnify and hold LheAE5| harmless from: all claims and liability due to the activities of CLIENT,their agents, employees, or both, |n performing the work required. AES| is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT only ax%o the results to be obtained in The mm/k herein specified, and to the extent that the work shall be dune in accordance with the terms of this agreement. A[O sbaU have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll dedmctimnuand providing required benefits, such as, but not limited to, worker's compensation with statutory limits,and unemployment insurance. This Agreement applies to and shall be binding nnthe heirs, personal representatives, successors and assignees mf the respective parties. The CLIENT hereby guarantees the performance of the terms and conditions contained and set forth in this contract 10 be kept and performed on the part of the Owner, including but not limited to, the promise 1n pay for services and materials rendered. In this regard should the owner company not pay its invoices when due, Allied may proceed directly against the undersigned personally and individually, jointly or severally without exhausting its remedies astuthe owner company. This provision shall be construed according to the laws of the State nfMontana. Limitations 42S| takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. VVhi|eAESI is responsible for its own emnp|oyee4A[S! takes no responsibility for imbsite and worker safety and for construction means, methods, techniques, sequences and procedures uf other companies. Lastly, CLIENT agrees &u KnoitAES|'s liability for all causes, including errors, omissions, and negligence, to an amount not to exceed two times the sum total of AESI invoices to the CLIENT fortbe project imquestion.