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Home My WebLink About06- Contract with Intrinsik CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the --2..!.h... day 0 f Februaryin the year 2006 by and between CITY OF BOZEMAN whose o11ices are located at 411 East Main Street, Bozeman, Montana and with a mailing address of P.O. Box 1230, Bozeman, Montana 59771 hereinafter called OWNER and Intrinsik Architecture, Inc. whose mailing address is 428 East Mendenhall, BOI.eman Montana 59715, hereinafter called ARCHITECT. OWNER AND ARCHITECT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. ARCHITECT shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 The ARCHITECT shall conduct a site analysis and feasibility study to dctermine possible uses for properties owned by the City also known as the Al StifTBuilding, City Hall and the Library building locatcd on Rouse A venue. This analysis shall focus on providing adequate olTice facilities for City employees currently located in each of those buildings. This analysis shall use current ARCHITECTURAL standards and include meetings with city staff and a code review. ARCHITECT shall provide all infom1ation from this analysis to the City on or about March 6, 2006 in order to facilitate a discussion relating to the possiblc use. This information shall include a report on the process and thc resulting findings as described herein. 1.2 In addition to the foregoing, ARCHITECT shall conduct a overview site analysis focusing on potential solutions in ordcr to maximize utility and amenity or the new library property located on Main Strect and adjacent to Lindley Park. The analysis shall take into consideration the immediately adjacent lands and owners and the affect projected uses shall have on those properties. ARCHITECT shall provide an initial rep0l1 on findings to date to the City on March 6, 2006. This report shall includc a report on the process and thc findings. Article 2. CONTRACT PRICE AND PAYMENT PROCEDURES. 2.1. Payment under this agreemcnt shall be made as a combination of Direct Labor Costs which shall be used as a basis for payment and expenscs. Direct Labor Costs shall mean the actual salaries and wages paid to all ARCHITECT'S personnel engaged directly on thc Project, including, but not limited to, architects, associates, surveyors, engineering, technical and other clerical staff; but does not include indirect payroll rclatcd costs or fringe benefits. For the purposes of this Agreement thc principals and employees of the ARCHITECT maximum billable Direct Labor Costs are: Principal $125.00 per hour Architect 75.00 per hour Associate 65.00 per hour AIT 1ll 55.00 per hour AIT II 50.00 per hour AIT I 40.00 per hour Clerical 35.00 per hour However, in no event shall the Contract Price exceed Ten Thousand ($10,000.00) Dollars unlcss the contract has been amendcd in writing. 2.3 Thc Parties hereto further acknowledge and agree that up to 70% ol"the work on thc Projcct described hercin shall be conducted by the Principal. All remaining time will he a combination or others listcd above. 2.4. Expcnses incurred in the normal course ofbusincss under this contract shall bc paid to the ARCHITECT by the OWNER as follows: 1. Mileage: $0.40 per mile 2. All printing and postage costs, along with any plotting at actual cost times 1.15 3. Meals at the City rate 4. All other costs including tclcphone calls as authorized by the City at actual costs 2.5 Payment. ARCHITECT shall submit regular itemized invoices to thc City's Task Director requesting payment for scrviccs as set forth hcrcin. 2.6 No item that is requircd by Contract for the proper and successful complction of the Work will be paid for outside of or in addition to the priccs submitted in the contract. AU work not specifically set forth as a pay item herein shall be considercd a subsidiary obligation ofthe ARCHITECT and all costs in connection therewith shall be included in the contract pricc. Article 3 - ARCHITECT'S RESPONSIBILITIES 3.1. ARCHITECT shall per[onn for OWNER professional architccturc scrvices in all phascs of the Project to which this Agreement applies as hereinaftcr provided. These services will include, but not be limited to, serving as OWNER's professional representativc for the Project, providing professional architectural consultation and advice. 3.2. The ARCHITECT shall furnish all labor, materials, cquipmcnt, supplics, and incidentals necessary to conduct and complete the ARCHITECT'S portions 01" the Project and to prcparc and deliver to thc OWNER all data, rcports, plans, specifications, and rccommendations as designated herein. 3.3. The ARCHITECT shall asccrtain such in[ornlation as may havc a bcaring on the work from local units of govcrnment, public, and privatc organizations and shall be authorized to procure information lrom othcr authorities as to the extent of these contacts and the results thercof. 3.4. The ARCHITECT'S work shall bc in accordance with the standards of sound architectural practices. 3.5. The ARCHITECT shall name a Principal-In-Charge for the duration of thc project. The Principal-In-Charge shall be Robcrt Pertzborn. 3.6. The ARCHITECT shall submit an estimated progrcss schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARCHITECT shall perform lor OWNER professional architectural services in all phases ofthc Projcct to which this Agreement applies as hercinafter provided. These services will include, but not be limited to, serving as OWNER's professional architectural representative for the Project, providing professional architectural consultation and advice. 3.7. The ARCHITECT shall provide all finalized documcnts resulting fi"om the work as described herein in digital fOfOlat if requested. Article 4. ARCI-llTECT'S REPRESENTATIONS. In order to induce OWNER to entcr into this Agreement, ARCHITECT makes the following representations: 4.1 ARCHITECT has familiarized himsel f with thc nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 ARCHITECT has correlated the results of all such observations, examinations, investigations, tests, reports and data with thc terms and conditions of the Contract Documents. Article 5 - OWNER'S RESPONSIBILITIES 5.1 Thc OWNER shall name a Task Director who shall be the liaison between the ARCHITECT and the OWNER during DESIGN segment ofthc Project. The Task Director designated shall be .James Gochrung. 5.2 Thc OWNER shall have the right ofrevicw and examination of the ARCHITECT'S work at all times. 5.3 The OWNER shall make available all related records or data currently in its posscssion in a timely fashion including but not limited to, aerial photography, civil survey information including GIS information, and appraisals on all propcrtics involved in this project. Further, the OWNER shall make available to ARCHITECT any mcmber of the City Staff deemed by the ARCHITECT. Article 6. Proiect Documcntation ARCHITECT shall furnish OWNER with (a) copies of the findings and any written reports generated under the terms of this agreement, (b) written monthly progrcss reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. Article 7 - Additional Scrvices Following the ARCHfTECT's presentation to the City, should thc Parties wish ARCHITECT to periornl any further services under the tenns of this agreement, the Parties may agree to do so provided they amend this agreement in writing. Article 8. INSURANCE. 8.1 The ARCHITECT shall secure and furnish to thc OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include forty-five (45) days notice of cancellation or non-renewal. Without limiting any of ARCHITECT's obligations hcreunder, 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: Emplovers' Liability: $ 100,000 oer accident General Liability: Bodily Injury & Property Damage Single and combined $ 1.000,000 per accident General Aggregate: $ 2,000,000 Automobile: Bodilv Injurv covering all $1,000,000 cach person automobiles, trucks, $1 ,000,000 each occurrence other automotive cquipment whether owned or rented by ARCHITECT or his employees Bodilv Injury & Property $ 1,000,000 each occunence Damage Single and combined In addition to the above insurance covcrage, the ARCHITECT shall secure and maintain, until the work is complcted and acceptcd by the OWNER, and without naming OWNER as an additional insured, Professional Errors and Omissions insurance coverage as follows: Professional Errors & Omissions: $ 1.000,000 per claim and ag~cgate each occurrcncc Article <). MISCELLANEOUS. 9.1 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the ARCHITECT respcctively and all successors, assigns, and legal representatives. Neithcr the OWNER nor the ARCHITECT shall havc the right to assign, transfer or sublet thc interest or obligations hereunder without written consent of the other party. 9.2 In the event it becomcs necessary for cither party to this Agreemcnt to retain an attorney to enforcc any of the temlS or conditions of this Agreement or to give any notice rcquircd herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel. 9.3 Any amendment of moditlcations of this Agreement or any provisions herein shall be made in writing and executed in thc same manncr as this original document and shall aftcr execution become a part of the Agreemcnt. 9.4 In thc event it is neccssary for either of the parties hereto to bring any action to cnforce the terms and covenants ol"this agrcement, it is hercby agrced that the prevailing party shall bc entitled - to reasonable attomey's fees including fees and salary paid to the City Attorncy or other in-house counsel. 9.5 ARCHITECT shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. 9.6 On all projects and contracts with thc Owner, ARCHITECT shall pay for all labor employed the standard prevailing rate of wages. Thc standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to bc pcrformed as determincd by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The ARCHITECT is directed to the Montana Commissioner of Labor for inf01111ation on the standard prevailing rate of wages applicable to this contract within this area. 9.7 ARCHITECT hcrcby agrees to indemnify, dcfend and hold thc OWNER harmless from all claims and liability due to thc activities of Architect, their agents, employees, or both, in pedorrning the work required. 9.8. ARCHITECT is and shall perf 01111 this agrecment as an independcnt contractor, and as such, is responsible to the OWNER only as to the results to be obtaincd in the work herein specified, and to the extent that thc work shall be donc in accordance with the terms, plans and speci fications. 'fhe ARCHITECT shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible tor any rcquircd payroll deductions and providing required bencfits, such as, but not limitcd to, worker's compensation and unemploymcnt insurance. TN WgNESS WHEREOF, the parties hercto have executed this Agreement the day and year first abov written. , -' - .- - ./ " --~~--_._~ " ~ob Per~ 0111, rincipal ;fntr'l~~~l>/ rchitecture, Inc. I ATTEST: ~./~ -~,~'~',-, Robin Sullivan, Clerk of Commission ~;1 ~. .- ~,,,. ... "," ,"-""""",.....-. ".. . Chris Kukulski, City Manager Approvcd as to form: ~ fizf~ - ~-- MAt [y-- -------- ~//