HomeMy WebLinkAbout06- ThinkOne; Architectural Services
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ARCHITECTURAL SERVICES AGREEMENT
TIIIS IS AN AGREEMENT made as of Jf.P1w4" _, between THE CITY OF BOZEMAN, a Municipal
Corporation, Bozeman, Montana, 59715 (OWNER) and
ThinkOne, Bozeman, Montana, (ARCHITECT).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ARCHITECT to provide necessary and professional design
services for the project.
Whereas the ARCHITECT represents that it is willing and qualified to pertorm the professional design services for
this project described in this 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: ThinkOne lettcr entitled Re-roofing -
Bozeman Waste Water Treatment Facility, dated 3/2/06 is hereby incorporated in and madc part of this
Agreement.
ARTICLE 1 - DESIGN SERVICES
1.1. The detailed description of the specific project components is dcseribed as follows:
Re-rooflng buildings at the Bozeman Waste Water Treatment Facility.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 - ARCHITECT'S RESPONSIBILITIES
2.1. ARCHITECT shall perform for OWNER professional design services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional design representative for the Project, providing professional design consultation and advice and furnishing
customary architectural services incidental thereto.
2.2. The ARCHITECT shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct
and complete the ARCHITECT'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ARCHITECT shall ascertain such information as may have a hearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ARCHITECT'S work shall be in accordance with the standards of sound design practices.
2.5. The ARCHITECT shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge
shall be Rusty Harris.
2.6. The ARCHITECT shall name a Project Manager who shall be the liaison between the ARClllTECT and the
OWNER. The Project Manager shall be fustv Harris. The OWNER may name a Task Director who would be the liaison
between the ARCHITECT and the OWNER during the design segment of the Project.
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2.7. The ARCHITECT shall submit an estimated progress schedule at the beginning of the work, and monthly
progress reports thereafter until the project is completed.
ARTICLE 3 ~ OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ARCr-HTECT and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Robert 1. Murrav Jr. P.E..
3.2 The OWNER shall have the right of review and examination of the ARCHITECT'S work at all times.
3.3 The OWNER shall make available all records (as.buiJt drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC DESIGN SERVICES
The ARCHITECT shall render professional Design Services as follows:
4.1 PRELIMINARY DESIGN PHASE
After written authorization to proceed with the Preliminary Design Phase, ARCHITECT shall:
4.1.1. In consultation with OWNER detennine general scope, extent and character of the Project.
4.1.2. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with
infonnation which addresses the special features of each project task.
4.1.3. ARCHITECT shall prepare and furnish complete copies of preliminary bidding documents and design
report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or
parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any
technical criteria, written descriptions and design data necessary for securing penn its or approval from
authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and
review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site
review. All changes agreed to between ARCHITECT and OWNER will be noted in a memorandum from the
ARCHITECT to the OWNER and incorporated into the final plans and specifications.
The Preliminary Design Phase will be completed and submitted within 30 calendar days following written authorization
from OWNER to ARCHITECT to proceed with that phase of services.
4.2 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ARCHITECT shall:
4.2.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications
of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and
perfonned by the Contractor(s) suitable for use in the project bidding and construction.
4.2.2. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
fonns, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid
and instructions to bidders, special provisions, technical specifications, and standard drawings, and othcr related
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
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(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
The Final Design Phase will be complete and submitted within 10. calendar days following written authorization from
OWNER to ARCHITECT to proceed with that phase of services.
4.3 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ARCHITECT shall:
4.3.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction
contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process
deposits for Bidding Documents and conduct pre-bid conferences.
4.3.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and
issue addenda as appropriate.
4.3.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors,
suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contraetor(s)")
for those portions of the work as to which such acceptability is required by the Bidding Documents.
4.3.4. Consult with OWNER concerning and determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding
Documents.
4.3.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and
responsibility and make award recommendation to OWNER.
4.3.6 Facilitate contract award, and the execution and distribution of the contract documents for construction,
materials, equipment and services. Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contracts). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents.
4.4 CONSTRUCTION PHASE
The responsibilities ofthe ARCHITECT during the Construction Phase are summarized as follows:
4.4.1. General Administration of Construction Contract. ARCHITECT shall consult with and advise
OWNER and act as OWNER'S representative as provided in EXHIBIT A - ARCHITECT'S ST A TllS
DURING CONSTRIlCTION, attached to and made part of this Agreement and may be further provided under
the General Conditions of the contract documents. The extent and limitations of the authority, duties, and
responsibilities of the ARCHITECT on the construction job site as assigned here-in shall not be modified except
as the ARCHITECT may otherwise agree in writing. All of OWNER's instruction to Contraetor(s) will be issued
through ARCHITECT who will have authority to act on behalf of OWNER to the extent provided in the General
Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ARCHITECT shall provide the following
services during construction:
4.4.1.1 Schedule and conduct a pre.eonstruction conference.
4.4.1.2 Review Contractors' construction schedules and operations prior to the start of construction.
4.4.1 .3 Ascertain that the Contractor has secured required permits needed to accomplish his work.
4.4.1.4 ARCHITECT shall provide OWNER copies of all correspondence between the ARCHITECT
and Contractor.
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4.4.1.5 Issue stop and resume work orders, in whole or in part, whcn work is not or cannot be
performed in accordance with the Contract Documents.
4.4.16 Review and approve, for conformance with thc project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.4.1. 7 During construction review Contractors' construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.4.1.8 Prepare for OWNER'S approval any plan and specification changes which due to any initial
design or design deficiencies are required to complete the project original design concept.
4.4.1.9 Inspect the project and when appropriate, and after conferring with OWNER, issue a
Certificate of Substantial Completion to the Contractor.
4.4.1.10 Prior to recommending final payment, schedule and conduct with the OWNER a final project
inspection and submit a report to the OWNER documenting any outstanding items or deficiencies
requiring correction prior to final payment. Upon satisfactory project completion ARCHITECT shall
certify in writing to the OWNER, and any required regulatory agencies, that thc construction was
completed in accordance with the approved plans and specifications and is perfonning in accordance
with the design concept.
4.4.1.11 Eleven months after project substantial completion schedule and conduct with the Owner a
One Year Warranty Inspection of the project and advise the owner in writing whether project
deficiencies exist and ifthe project is performing in accordance with the design concept.
4.4.2. Resident Proiect Representative. ARCHITECT shall provide a qualified Resident Project
Representative at the job site to provide observation of the work. EXHIBIT B . A LISTING OF THE
DUTIES, RESPONSIBILITIES AND LIMIT A TIONS OF AUTHORITY OF THE RESIDENT
PROJECT REPRESENT A TIVE., attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project
Representative who may be assigned to the job site during the course of the Project not less than ] 0 calendar
days prior to the pre~construetion meeting. Any subsequent change in the resident representative shall also be
subject to the OWNER'S approval.
4.4.3 Limitations of Responsibilities. ARCHITECT will not be responsible for CONTRACTOR's means,
methods, techniques, sequences or procedures of construction, or the safety precautions and programs incidcnt
thereto, and ARCHITECT will not be responsible for CONTRACTOR's failure to perform or furnish thc Work
in accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to
release ARCHITECT from liability for failure to properly perfonn duties and responsibilities assumed by
ARCHITECT in the Contract Documents.
4.5. PROJECT DOCUMENT A nON
ARCHITECT shall fumish OWNER with (a) one electronic copy and two paper copies of the Project Record Drawings
("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and
documentation as requested by OWNER.
ARTICLE 5 - ADDITIONAL SERVICES
5. J. If OWNER wishes ARCHITECT to perfom1 any of the following Additional Services, OWNER shall so instruct
ARCHITECT in writing, and ARCHITECT shall perform or obtain from others such services and will be paid therefor as
provided in the Agrecmcnt:
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5.1.l. Legal land surveys perfom1ed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic design services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ARCHITECT's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
design services.
5.2. When required by the Contract Documents in circumstances beyond ARCHITECT's control, ARCHITECT shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ARCHITECT will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic design services is not commensurate with the
additional services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSA nON FOR DESIGN SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC DESIGN SERVICES AND EXPENSES OF ARCHITECT
6.L1 Payment. Thc OWNER shall for design and bidding phase services performed as Basic Services under
section 4.1 through 4.3 of this agreement pay a total sum in the amount of $8.850 for such services.
6.1.2 Pavment Schedule. Total cumulative payments for the design services (sections 4.1 through 4.3) shall
not exceed the following ceilings:
$8,850 (100% of design fee) until the Plans and Specifications have been submitted to the OWNER and
revicw authorities.
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6.1.3 Gel!craL Architect shall submit monthly statements for services rendercd. The statements shall be
based upon Architect's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic design services (4.1) and are not separately reimbursable. Additional Services specifically identified
under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC DESIGN SERVICES AND EXPENSES OF
ARCHITECT.
Construction and project documentation services performed as Basic Design Services under sections 4.4 through 4.5
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compensated in accordance with the following:
6.2.] The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed $9.050 except as provided under 6.2. 1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shaH be based on the ARCHITECT's
Direct Labor Cost times a factor of-1:.:?2... for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this Agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ARCHITECT shall give OWNER written notice thereof. Promptly thereafter OWNER and
ARCHITECT shall review the scope and progress of the project work. ARCHITECT shall obtain
written authorization from OWNER, prior to any additional costs being incurred under paragraph
6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the
ARCHITECT is entitled to additional compensation, OWNER and ARCHITECT may negotiate temlS
as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or
6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Es!!.mated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurrcd in excess of
the estimated compensation. These costs consist of an amount equal to the ARCHlTECT'S Direct
Labor Cost times a factor of ~or services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic design services and
Approvcd Additional Services shall be paid to the ARCHITECT by the OWNER in the actual amount of the
costs incurred up to an amount not to exceed $1,264 which includes $ Q for consultants employed by the
Architect and $12..21 for all other reimbursable expenses. The estimated reimbursable expcnses are identified in
Exhibit "r;: ".
6.2.3. Failed Test Expenses. The ARCHITECT shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the eontractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ARCHITECT and approved
in writing by the OWNER on the basis of the ARCHITECT'S Direct Labor Costs times a factor of 2.25, or an
amount otherwise negotiated at the time such services arc requested and approved by the O\VNER.
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ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ARCHITECT, but it will not include ARCHITECT's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid ,to all ARCHITECT's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ARCHITECT maximum
billable Direct Labor Costs are:
Principals $ 50 /hour
Construction Manager $ 40 /hour
Senior Architect $ 40 /hour
Staff Architect $ 35 thour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ARCHITECT or ARCHITECT's independent professional
associates or consultants directly in connection with the Project, such a~ expenses for: transportation and subsistence I
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic design services is on the basis of Direct Labor Costs
method of payment, Reimbursable Expenses will also include the amount billed to ARCHITECT by special consultants
employed by ARCHITECT and authorized by OWNER (other than as an authorized Additional Services) and will also
include expenses incurred for computer time and other specialized equipment, including an appropriate charge for
previously established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ARCHITECT may submit monthly statements for Basic design services and
approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the
ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If
OWNER disputes the amount of the billing, OWNER will notify thc ARCHITECT in writing within ten (10) calendar
days of the receipt of bill of the dispute.
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8.2 REQUESTS FOR PAYMENT. Each request for payment shall ineludc a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PA VMENT UNDER TERMINATION. In the event of termination by thc OWNER upon the completion of any
phase of the Basic design services, progress payments due ARCHITECT for services rendered through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic
design services, ARCHITECT also will be reimbursed for the charges of pre-approved independent professional associates
and consultants employed by ARCHITECT to render Basic design services, and paid for services rendered during that
phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ARCHITECT will
be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorizcd under this
agreement.
ARTICLE 9 - GENERAL CONSIDERA nONS
9.1 TERMINATION OF AGREEMENT
9.].1 The sole right is hereby reserved to the OWNER to terminate this Design Agreement for any and all
causes or for its convenience at any time upon fifteen (15) days written notice to the ARCHITECT.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ARCHITECT at the timc of termination may be adjusted
to cover any additional costs to the OWNER because of the ARCHITECT's default. If termination for
convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined
by owner, for services or other work performed. The equitable adjustment for any termination shall provide for
payment to the ARCHITECT for services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by the ARCHITECT relating to commitments which had
become firm prior to the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ARCHITECT shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ARCHITECT in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is tenninated prior to completion, the original copies of the ARCHITECT'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the
ARCHITECT prior to said tennination shall be delivered to and become the property ofthe OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ARCHITECT hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ARCHITECT'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOVMENT
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The ARCHITECT warrants that he has not employed or retained any company or persons, other than a bona fide
employee, working solely for the ARCHITECT, to solicit to secure this contract, and that he has not paid or agreed to pay
any company or person, other than bona fide employees working solely for the ARCHITECT, any fee, commission,
percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability
OJ in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees ofthe ARCHITECT or other persons while engaged in the performance of work or services required by the
ARCHITECT shall be considered employees of the ARCHITECT only and not of the OWNER.
9.4 NONDlSCRIMINA TION
The ARCHITECT will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. The ARCB.1TECT 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.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ARCHITECT shall not sublet or assign any of the work covered herein without prior written approval of the
OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ARCHITECT wilJ perfonn in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ARCHITECT shall, at the OWNER's request, re-
perform the service at its own expense. Architect shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ARCHITECT shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ARCHITECT agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of
any character, including attomey's fees, which is brought or asserted for any bodily injury, death. or physical
damage to property received or sustained by any person, persons, property, business or any other entity, arising
out of or resulting from, or in connection with the ARCHITECT'S negligent performance of the work specified
in this agreement.
9.7.3. The ARCHITECT agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers, directors, agents or employees be named a~ a defendant in
any action where the OWNER'S alleged liability arises from the negligent performance of the ARCHITECT'S
work herein described. The obligations of the ARCHITECT to defend, indemnify and hold harmless the
OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those
alleged under the common law or pursuant to a federal or state statute or regulation including those arising in
tort, trespass, nuisance, and strict liability.
9.7.4 In the event the OWNER is found proportionately rcsponsible for any damagcs ultimately awarded to a
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plaintiff or plaintiffs in any lawsuit, the ARCHITECT will be responsible for only those damages, costs, or
liabilities as are attributable to the ARCHITECT'S percent of fault as compared with 100% of the fault giving
rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors,
agents or employees, then in that event the OWNER agrees to reimburse the ARCHITECT for the reasonable
attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed
to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any
particular insurance coverage in this Agreement.
9.7.5 Should either OWNER or ARCHITECT be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that event, that party shall defend, indemnifY and hold harmless the other as
to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including
reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house
counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the
ARCHITECT agrees to defend OWNER where the OWNER'S alleged liability arises from intentional
misconduct by the ARCHITECT. Should the OWNER be found responsible for intentional misconduct by its
own officer, director, agent or employee, then OWNER agrees to reimburse ARCHlTECT for the reasonable
attorney's fees and costs incurred in any defense of the OWNER.
9.7.6 The ARCHITECT shall perform this agreement as an independent contractor, and as such, is
responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent
that the work shall be done in accordance with the terms, plans and specifications. The ARCHlTECT shall have
and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible
for any required payroll deductions and providing required benefits, such as, but not limited to worker's
compensation with statutoI)' limits, and unemployment insurance.
9.8 INSURANCE
The ARCHITECT shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ARCHITECT's obligations hereunder, ARCHITECT shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage Limits
Employers' Liability: $ 100,900. per accident
General LiabilliY.:.
Bodily Iniury 8j.. Property Damage
Single and combined $ 1 ,000,000. per accident
General Aggreg?:1.t:. $ 2,000.000.
Excess LiabilityJ;::overage (umbrella) 1hQQO,OOO. each occurrence
Automobile:
Bodily Iniury covering all $ 1.000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1.000.000 each occurrence
other automotive equip-
ment whether owned or
rented by Architect or
10
owned by employees of
Architect.
Property Damage covering $ I OQ,OOQ each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Architect
or owned by employees of
Architect
OR
Bodily Iniury & PropffiY $1.000,000 each occurrenec
Damage Single and combined
In addition to the above insurance coverage. the ARCHITECT shall secure secure and maintain, until the work is
completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional erros and
omissions coverage as follows:
Professional Errors & Omissions: $ 1 ,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ARCHITECT shall place his endorsement on all drawings furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ARCHITECT will be at OWNER's sole risk and without liability or legal exposure to ARCHITECT, or to ARCHITECT's
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ARCHITECT to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMA nON
The ARCHITECT shall not issue any statements, releases or information for public dissemination without prior approval
of the OWNER.
9.12 PROPRIETARV RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoverics
or invcntions shall be joint property of the ARCHITECT and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
II
The ARCHITECT shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.] 4 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.) 5 ATTORNEY'S FEES AND COSTS
ThRt in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract 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
Attomey.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification ofthis Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part ofthis Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONT ANA
By~Jl-~~ t
(City Manager)
DATE: '1-). L{ ~ 0 b DATE: 4. ~.o'
ATTEST: I
BY!) 0 ILL
(Clerk of Commission)
12
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR ARCHITECTURAL SERVICES
ARCHITECT'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and ThinkOne
(ARCHITECT) providing for professional design services.
ARTICLE 10 - ARCHITECT'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ARCHITECT will be OWNER's representative during the construction period. The duties and responsibilities and
the limitations of authority of ARCHITECT as OWNER's representative during construction are set forth in the
Contract Documents and shall not be extended without written consent of OWNER and ARCHITECT.
10.2. VISITS TO THE SITE
ARCHITECT will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to detennine, in general, if the Work is proceeding in accordance
with the Contract Documents. ARCHITECT will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ARCHITECT's efforts will be directed toward providing
for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On
the basis of such visits and on-site observations as an experienced and qualified design professional, ARCHITECT
will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENT A nON
If OWNER and ARCHITECT agree, ARCHITECT will furnish a Resident Project Representative to assist
ARCHITECT in observing the performance of the Work. The duties, responsibilities and limitations of authority of
any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE
DUTIES, RESPONSIBILITIES AND LIMIT A TIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE.
lOA. CLARIFICA nONS AND INTERPRET A nONS
ARCHITECT will issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of Drawings or otherwise) as ARCHITECT may detenninc
necessary, which shall be consistent with or reasonably inferable from the overall intent of the ContTact Documents.
If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or
an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract
Document.
]0.5. AUTHORIZED V ARIA nONS IN WORK
ARCHITECT may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
1
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
to the amount or extent thereof~ CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ARCHITECT will have authority to disapprove or reject Work which ARCHITECT believes to be defective, and
will also have authority to require special inspection or testing of the Work as provided in the General Provisions of
the construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ARCHITECT's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.72. The ARCHITECT's responsibilities for Change Orders shall comply with the change order provisions
of the General Provisions of the construction Contract Document.
10.7.3. The ARCHITECT's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ARCHITECT will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ARCHITECT will review with CONTRACTOR the ARCHITECT's preliminary determinations
on such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ARCHITECT will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ARCHITECT in writing with a request for a formal decision in accordance with this
paragraph, which ARCHITECT will render in writing within a reasonable time. Written notice of each such claim, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ARCHITECT will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ARCHlTECT pursuant to paragraphs 10.8 and 10.9.] with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
2
10.10. LIMITATIONS ON ARCHITECT'S RESPONSIBILITIES
10.10.1. Neither ARCHITECT's authority to act under this Article or elsewhere in the Contract Documents nor any
decision made by ARCHITECT in good faith either to exercise or not exercise such authority shall give rise to any duty or
responsibility of ARCHITECT to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "a~ directed", "as required", "as allowed", "as
approved" or tenns of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of
ARCHITECT as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate
the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use
of any such tenn or adjective shall not be effective to assign to ARCHITECT any duty or authority to supervise or direct the
furnishing or perfonnance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
3
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ARCHITECT FOR ARCHITECTURAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on ,
between CITY OF BOZEMAN (OWNER) and ThinkOne (ARCHITECT) providing for professional design
services.
ARTICLE 11 ~ DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESID ENT PROJECT REPRESENT A TIVE
ARCHITECT shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ARCHITECT in observing performance of the work of Contractor.
Through more extensive on-site observations ohhe work in progress and field checks of materia Is and equipment by
the RPR and assistants, ARCHITECT shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ARCHITECT
responsible for or give ARCHITECT control over construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perfonn the
Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of
the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ARCHITECT in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
1l.l. GENERAL
RPR is ARCHITECT's agent at the site, will act as directed by and under the supervision of ARCHITECT, and
will confer with ARCHITECT regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work
shall in general be with ARCHITECT and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ARCHITECT.
1l.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ARCHITECT concerning acceptabiJity.
11.2.2. Conf~rences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare and circuJate
copies of minutes thereof.
11.2.3. Liaison:
11.2.3.1. Serve as ARCHITECT's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ARCHITECT in serving as OWNER's liaison with CONTRACTOR.
I
11.2.3.2.Assist in obtaining fTom OWNER additional details or infonnation, when required for proper
execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.l. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify
ARCHITECT of availability of samples for examination.
11.2.4.3. Advise ARCHITECT and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ARCHITECT.
11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests:
11.2.5.l.Conduct on-site observations of the Work in progress to assist ARCHITECT in
determining if the Work is in general proceeding in accordance with the Contract Documents.
1l.2.5.2.Report to ARCHITECT whenever RPR believes that any Work is unsatisfactory, faulty
or defective or does not conform to the Contract Documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to be made; and advise
ARCHITECT of Work that RPR believes should be COrrected or rejected or should be uncovered
for observation, or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains
adequate records thereof; and observe, record and report to ARCHITECT appropriate details
relative to the test procedures and startup.
1] .2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ARCHITECT.
11.2.6. InteTRretation of Contract Documents: Report to ARCHITECT when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ARCHITECT.
] 1.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to ARCHITECT. Transmit to
CONTRACTOR decisions as issued by ARCHITECT.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for cOlTespondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Ficld Orders, additional Drawings issued
subsequent to the execution of the Contract, ARCHITECT's clarifications and interpretations of
the Contract Documents, progress repOJiS, and other Project related documents.
1 1.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the
job site, weather conditions, prime and subcontractor daily work force, daily Jog of equipment
onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions, observations in general, and
2
specific observations in more detail as in the case of observing test procedures; and send copies to
ARCHITECT.
1] .2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1.Furnish ARCHITECT periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
11.2.9.2.Consult with ARCHITECT in advance of scheduled major tests, inspections or start of
important phases of the Work.
I 1.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ARCHITECT Change Orders, Work Directive Changes,
and Field Orders.
11.2.9.4. Report immediately to ARCHITECT and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with
the established procedure for their submission and forward with recommendations to ARCHITECT, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ARCHITECT for review and forwarding to OWNER prior
to final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ARCHITECT a list of observed items requiring
completion or correction before ARCHITECT may issue a Certificate of Substantial Completion.
11.2. I 2.2 Assess completion or correction of items noted under 11.2.12.1, advise ARCHITECT
on their status, and make recommendation to Architect regarding issuance of a Certificate of
Substantial completion.
11.2.12.3. Conduct final inspection in the company of ARCHITECT, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ARCHITECT concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation fTOm the Contract Documents or substitution of materials or
equipments, unless authorized by ARCHITECT.
3
.
] 1.3.2. Shall not exceed limitations of ARCHITECT's authority as set forth in the Agreement or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. ShalI not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ARCHITECT.
4
f[ OnrnKo ltC 1:'
-.
[~, ,,' Stl8DIIlQ tn-18 IJUllb 8IWII'OI1i'T1EI-lt, I
60.
ar>GhllJeDuur>e
management; ser>vlces March 2, 2006
bUilding tJachnOloQbj
IntJegr>at:;ed eher>gbj systJ8ms Tom Adams
Facilities Superintendent
Bozeman WWTF
255 Moss Bridge Rood
Bozeman, Montana 59718
RE: Re-roofing - Bozeman Waste Water Treatment Facility
Dear Tom,
Thank you for meeting with us on Monday. ThinkOne is pleased to submit a proposal for re-roofing seven
roofs atthe City of Bozeman Waste Water Treatment Facility.
We understand that ThinkOne is to provide architectural design for 7 buildings, although construction on
about half of the buildings will Occur in 2006 and the remaining will be done in 2007. To keep the design
costs as low as possible, we will be able to use some of the drowings and specifications that were created
in 2004. For fiscal budgeting purposes, we separated our proposed fee between work that will be
performed in 2006 and in 2007.
ThinkOne's lump sum fee for the work to be performed in 2006 is $ 72,284. The scope of work for 2006 is
described os follows:
l. roofing drawings & details for installation of new, TPO type roofing on 7 separate roofs at your
site,
2. a project specification for installation of TPO type roofing,
3. bidding support, including copies,
4. architectural administration services (pay application review, submittal review, and site i
observations during construction) I
5. a review of the asbestos report to be provided by your team.
The lump sum fee for the work to be performed in 2007 is $5270. The scope of work for 2007 is
described as follows (it is assumed that the design documents will not need to be revised):
l. bidding support, including copies,
2. architectural administration services (pay application review, submittal review, and site
observations d uri ng construction)
We really appreciate working with you and your team. Don't hesitate to coli me if you need further
information.
/
Sin'c,rely, "
" . . --<{ ./-.-.-"'"7 i
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CC,VERAGES
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r ANY REOUIREMENT."iE"R"MOR ~CO'NcOlTlONvOF ANyc-COt-ITRACTOR OTHER DocuMEmwm';R~PEcrToWr;lcHTHls CERTIFTcATEM';Y BE'i'SSUED 'C;itJ)"'" I
I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH I
onllilC'C: l\.r....J""....Dt;r:::..^TI:" ! 1t.!IIT~ CUn.UI.lh..l UAV U^\f~ o.t:eh.l ot:"n1I.r'~n nv o Alfl. rl hl,,-<=::
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."., I >IN' 1:~':!i>I~,iO.i0i{n'~~.rM:,H'2."2C'Uil',E I 032.6702.59 I 07/01../05 07/01./06 I'.~J- FN;HArJClt)... FNT .. ..1 $ 1_00 ,00000 I
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I I OTHER- - "- - -- - 1 I i I .. - \. . . . . . r
I I St Paul Travelers IOP03809900 I 02/06/06 I 02/06/07 I Pro.!: Liab 51.000.000 I
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[ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHIClES I E'XCLUSIONS ADDED BY ENDORSEr~Brr I SPECIAL PROVISIONS' [
I Engineers or Architects conSUlting-not engaged in construction I
Draftsmen
I city of Bozeman is named as Additional Insured on General Liability I
I I
CERTIFICATE HOLDER CANCELLATION
I I"T""Vl>.l>.f'I I SHOULl> ANY OF 11-IE ABOVE DESCRIBED POLICIES BF CAIKELLEO BE'F0RE 'THE EXPIRATION I
i _.- - --_. - r PATE THEREOF. 11-11' ISSUII,(; INSURER WIL~ EllDEAVOR TO MAIL 10 DAYS WRrTTEl.J I
I .' I NOTICE TO 'THE CERTIFiCATE HC.'WER IJNr.ED TO THE LEFT, 8VTFAIL~;~~0 DO S0 SH~~L I
I C~ty of Bozeman/ I I
~ ~ _~.. _ '" ,,_ _ ~ _ _ _ IMPOSE NO OBLI<;ATION 01; LIABILITY OF ANY IIINO UPON THE INSURER, ITS A<."EIHS OR
I ~ t...a \..e- '\.I.i.... J.'~.u Ld:H~ I !
PO BQY_ 1.2. 3,Q REPRESI'IHATIVES
I Bozeman MT 59771 I AumDRIZED REPREsr;N1ATlvE-----^-....-----.,-j
I 'Hark Roemer, ere I
ACORD 25 (2001108) @ACORD CORPORATION 1988
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Off this ceitificat€- d\J€rs f'u3t Gomer f~g-h(s 10 ~}-re Gert~ficat€;, htAder ~jr }?ew of SUC'fr ~'ndVfS'€ffrCn1{s). I
I }f SUBROGA T~Orl\.J- ~s \^J.A}V,EQ sutject tCr trr6 t&nn3 arrG GCf'rd+th'firS ot the po}i-cy, certain po}}G~5 may f
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[ r&qu~fe-- an e-ndorserrt&rrt A state-;-n€nt on,th-ts c-erbficat& ch')B-s rim confer r~g-hts to Uf& Gc;rUhca-t~. [
I holdar k"f H'c-u of such ern.rdor3errre-r~1fs}~ [
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I DISCLAIMER I
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[ The Cert~f~c~te ct. ~prSL:rzr~ce on the reverse side of th-is- form does not c'Zht")stitute a cor')t~z.-ct behveen [
[ the ~5SU~ng k1surer{s-}, authorized, reresep.,tat~/€ 0f produre~, ar-rd the cerUf~Gate rtclderi n~ does. it I
I affirrr,.ahve~y or- negat.~\.'el-y aw,er-td.1 extend. ~ 3~te-r t~';e cc-veage aff~ded. by UlB poI-k)~es ~~ed thereor'1-. I
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ACORD 25 (2001108)