HomeMy WebLinkAbout22- Professional Services Agreement - Hennebery Eddy Architects - Architectural Services for Solid Waste Complex Professional Services Agreement for Architectural Services
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PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of January 2022 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Hennebery Eddy Architects, hereinafter referred to as “Consultant” or “Architect.” The City and Architect may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to hire Consultant as an independent contractor to perform for
City services described in the Scope of Services attached hereto as Exhibit A – Architect, Exhibit B - Engineering and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the Effective Date and will expire
on the 4th day of January, 2023, unless earlier terminated in accordance with this Agreement.
3. Scope of Work: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Architect, Ninety-Seven Thousand Eighty Dollars ($97,080.00) for services performed pursuant to the Scope of Services. In addition, production of reproducible record drawings will be billed at the hourly rate, not to exceed One Hundred Thirty-five
Dollars ($135.00). Any alteration or deviation from the described work that involves additional costs
above the Agreement amount will be performed by Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, growth policies,
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adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Architect represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The parties agree that Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Architect is not subject to the terms and provisions of the City’s personnel policies handbook
and may not be considered a City employee for workers’ compensation or any other purpose.
Architect is not authorized to represent the City or otherwise bind the City in any dealings between Architect and any third parties. Architect shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Architect shall maintain workers’ compensation coverage for all members and employees of Architect’s business, except for those members who are exempted by law.
Architect shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees
to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Architect or Architect’s agents or employees. Architect also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City. Should City be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Architect was obligated to defend the claim(s) or
was obligated to indemnify the City for a claim(s) or any portion(s) thereof. The obligations of this Section shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana in amounts not less than as follows:
• Workers’ Compensation - statutory
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Architect commencing work.
8. Professional Service: Architect agrees that all services and work performed hereunder will be accomplished in a professional manner.
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9. Compliance with Laws: Architect agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business license.
10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect
of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Architect will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Architect shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Architect represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Architect shall require these nondiscrimination terms of its subcontractors providing services under this Agreement.
11. Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured.
Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any
other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Architect may not subcontract or assign Architect’s rights, including the right to
compensation or duties arising hereunder, without the prior written consent of the City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
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13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are jointly owned by the
Architect and the City. The City has authority to release, publish or otherwise use, in whole or part,
reports, information, data and other materials prepared by Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Architect for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No
material produced in whole or in part under this Agreement may be copyrighted or patented in the
United States or in any other country without the prior written approval of the City. 14. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Kevin Handelin or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Architect may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Architect’s Representative: The Architect’s Representative for the purpose
of this Agreement shall be Scott Dean or such other individual as Architect shall designate in
writing. Whenever direction to or communication with Architect is required by this
Agreement, such direction or communication shall be directed to Architect’s Representative;
provided, however, that in exigent circumstances when Architect’s Representative is not
available, City may direct its direction or communication to other designated Architect
personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
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15. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or
provide documentation as requested by the City demonstrating Architect’s compliance with the requirements of this Agreement. Architect shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Architect pursuant to this Agreement was used in compliance
with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall
not issue any statements, releases or information for public dissemination without prior approval of the City. 17. Non-Waiver: A waiver by either Party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 18. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
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which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff. 29. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
30. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than January 4th, 2023.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
ARCHITECT (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name:
Print Title: ____________________________ APPROVED AS TO FORM:
By_______________________________ Greg Sullivan, Bozeman City Attorney
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Hennebery Eddy Architects, Inc.
Ben Lloyd
Vice President
109 NORTH ROUSE AVENUE
BOZEMAN MONTANA 59715
406 585 1112 MAIN
December 6, 2021
Kevin Handelin, Superintendent
City of Bozeman, Solid Waste Division
2143 Story Mill Rd, Bozeman, MT 59715
Tel: 406 582-3238
Email: khandelin@bozeman.net
RE: Revised Fee Proposal
Dear Kevin:
Thank you for requesting this Design Services Proposal / Agreement for the City of Bozeman
Solid Waste Division office remodel.
PROJECT DESCRIPTION
The City of Bozeman Solid Waste complex consists of a large garbage truck service shop, an
adjacent office area and a garage which shelters six full size pickup trucks. The office area is
over capacity and has very little storage area.
This project consists of remodeling the existing garage area into two new office spaces and
storage, remodeling the front reception area, and construction of a new six-vehicle garage
addition. The design of the addition will generally match the form and materials of the existing
complex.
SCOPE OF SERVICES
Hennebery Eddy Architects, Inc. ("HEA" or "Architect") will provide the following services as
part of this Proposal for the City of Bozeman (“COB” or “Client” or “Owner”).
1. Schematic/Design Development Phase:
· Review code requirements under currently adopted City of Bozeman Codes.
· Develop up to three floor plan options and building elevations.
· Systems coordination with engineering consultants.
· Review meeting with owner.
· Submit drawing package for City of Bozeman Planning review.
2. Construction Document Phase:
· Development of Construction Documents as required for permitting, bidding, and
construction. Drawings will include building plans, building elevations,
building/wall sections and details and schedules as applicable. A supplemental
MasterFormat Project Manual will also be included.
· 65% Review Submittal: Review drawings with owner. Provide cut sheets for major
architectural products/components for approval.
· 100% Submittal: Final Drawings and MasterFormat Project Manual.
· Submit for Building Permit.
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3. Bidding:
· Assist owner in bid ad placement.
· Print and distribute bidding documents including posting to Montana Bidders
Exchange Network.
· Conduct Pre-bid conference.
· Generate addenda as required.
· Assist owner in bid openings and vetting the bids.
· Assist owner with contract negotiations and procurement.
4. Construction Administration:
· Attend and direct weekly Owner, Architect, Contractor meetings.
· Communicate with and coordinate consultant visits as required.
· Review product submittals.
· Answer contractor questions as required.
· Generate Proposal Requests, Change Orders, etc. as required.
· Review Payment Applications.
· Conduct Project Closeout including punch list and closeout submittal review.
5. Consultant Services:
· Morrison Maierle (MMI) will provide Structural, Mechanical, and Electrical services
as described and limited in the attached proposal dated November 17, 2021.
PROPOSAL ASSUMPTIONS
1. The following are not included as part of the Scope of Services for this Proposal. If any of
the listed services should become necessary, or desired by the client, HEA (and MMI) may
provide such as an Additional Service to this Agreement.
· Presentation Renderings
· Site Design
· Construction Cost Estimating
· As-built documents or digital files
· 1 year warranty inspection
· LEED design services
PROJECT SCHEDULE
1. This Proposal is valid for 30 days from its date of issuance and is made with the
assumption that the services contracted hereunder will be completed approximately as
follows:
Start of Work: December 2021 (upon execution of agreement)
CD 100%: February 25, 2022
Construction: Spring 2022 – Fall 2022
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COMPENSATION
1. Fixed Fee Services
Based on the Project Description, Scope of Services, Proposal Assumptions and Project
Schedule indicated, our fee is a Fixed Fee of $68,230.00 and will be invoiced monthly as a
percentage complete against this amount. This fee includes both HEA and MMI fees. This
fee does not include Reimbursable Expenses, which are enumerated below.
2. Hourly Rates
Basic and Additional Services provided under this Agreement will be billed at the following
standard hourly billing rates, which are adjusted periodically:
Principal HEA 8B $245
Architect HEA 4B $135
Administrative HEA 1B $ 95
3. Reimbursable Expenses
Reimbursable Expenses are in addition to the Compensation for Services and include
expenditures made by the Architect in the interest of the Project. These expenses will be
billed at 1.15 times HEA's cost incurred and are estimated at $1,000. Reimbursable
Expenses include:
· Expense of reproduction, CAD plotting, facsimile printing, laser cutting, postage and
handling of documents and other resources sent to the Owner and Contractors or
produced for the Architect and its sub-consultants’ internal project management.
· Application/Review fees paid to the City of Bozeman by HEA.
HEA will provide its services for the Project in accordance with "Appendix A – Terms and
Conditions", attached hereto and made part of this Proposal/Agreement.
If this Proposal/Agreement is acceptable to you, please sign where indicated below. Return a
copy to our office, which will serve as our Authorization to Proceed, and retain a copy for your
files. If there are any questions, please let us know.
Sincerely,
Hennebery Eddy Architects, Inc.
Scott Dean
Architect
Proposed by: Accepted by:
December 6, 2021
Ben Lloyd, AIA Date Kevin Handelin Date
Vice President Superintendent
Hennebery Eddy Architects, Inc. City of Bozeman, Solid Waste Division
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APPENDIX A – TERMS AND CONDITIONS
OWNER'S RESPONSIBILITIES
1. The Owner will provide a site survey to the specifications of the Architect and its sub-consultants if,
in the Architect's judgment, such survey is required to complete its Scope of Services.
2. and be engaged by the Owner to provide services during the Construction Phase.
3. Any and all private restrictions on the property such as easements, rights-of-way, CC&R’s etc. that
may impact the proposed work must be explicitly disclosed by the Owner to the Architect prior to
initiation of services.
4. Any and all existing conditions, previous construction, site development, and existing building use
have been previously reviewed and approved (permitted) by all appropriate regulatory agencies.
5. Architect and its sub-consultants are entitled to rely on the information provided by consultants
engaged directly by the Owner.
6. The Owner is responsible for the payment of regulatory fees in connection with this Project.
7. The Owner will furnish all legal, insurance and accounting services, including auditing services, that
may be necessary to meet the Owner’s needs and interests related to the Project.
8. The Owner will provide prompt written notice to the Architect if the Owner becomes aware of any fault
or defect in the Project, including errors, omissions or inconsistencies in the Architect's documents.
9. The Owner will coordinate the services of its own consultants with those services provided by the
Architect, unless otherwise noted.
TERMINATION OR SUSPENSION
1. If the Owner suspends the Project, the Architect will be compensated for services performed prior to
notice of such suspension. If the Project is suspended for more than 90 cumulative days and
subsequently resumes, the Architect's fees for the remaining Services and the Project schedule will
be equitably adjusted.
2. Either party may terminate this agreement with not less than seven (7) days' written notice should
the other party fail substantially to perform in accordance with the terms of this Agreement through
no fault of the party initiating the termination. The Owner's failure to make payments to the Architect
in accordance with this Agreement will be considered substantial non-performance.
3. The Owner may terminate this Agreement with not less than seven (7) days' written notice to the
Architect for the Owner's convenience and without cause. In the event of termination not the fault of
the Architect, the Architect will be compensated for Services performed prior to termination, along
with Reimbursable Expenses then due.
LIABILITY
1. Any and all liability, claim for damages, cost of defense or expenses against the Architect will be
limited to a sum not to exceed $250,000 or the amount of its fee, whichever is less, on account of
any injury or damage to person or property arising out of breach of contract, design defects, errors,
omissions or negligence. In no event shall the Architect's liability exceed the Architect's professional
Errors & Omissions coverage then and there in effect.
2. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Architect, its officers, directors, employees and sub-consultants against all damages, liabilities or
costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Owner’s
negligent acts in connection with the Project and the acts of its contractors, subcontractors or
consultants or anyone for whom the Owner is legally liable. The Owner shall not be obligated to
indemnify the Architect in any manner whatsoever for the Architect’s own negligence.
DISPUTE RESOLUTION
The Owner and the Architect agree to attempt to resolve any disputes regarding the Project through
informal negotiations including mediation if the parties so agree. Any dispute that cannot be resolved
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through negotiation or mediation shall be resolved by arbitration in accordance with the then effective
arbitration rules of (and by filing a claim with) the Arbitration Service of Portland, Inc., and judgment upon
the award rendered pursuant to such arbitration may be entered in any court having jurisdiction.
BILLING
Payment for services shall be made monthly based upon monthly billings. Payment is due 30 days past
the date of the invoice and will be charged a late penalty of 1-1/2% per month on the unpaid balance
after the due date. If payment under this Agreement is not received within seven (7) days of the due date,
Architect may elect, with written notice to the Owner, without prejudice to any other rights of Architect, to
suspend all of its duties under this Agreement. The Owner agrees to pay reasonable collection and
attorney’s fees required to collect should the account associated with this Proposal/Agreement become
delinquent.
OTHER TERMS AND CONDITIONS
1. Nothing contained herein shall be construed as: constituting a guarantee, warranty or assurance,
either express or implied, that the Architectural Services will yield or accomplish a prefect outcome
for the Project; or obligating the Architect to exercise professional skill or judgment greater than that
which can reasonably be expected from other Architects practicing under like circumstances in the
same or similar locality; or an assumption by the Architect of the liability of any other party. The
Architect cannot guarantee regulatory approval of all proposed improvements or guarantee approval
timelines or cost estimates.
2. Nothing contained herein shall create a contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
3. All reports, plans, specifications, computer files including Building Information Modeling (BIM) files,
field data, notes and other documents prepared or furnished by the Architect or Architect’s
consultants pursuant to this Agreement are instruments of professional service ("Instruments of
Service") and shall remain the property of the Architect and its consultants. The Architect shall retain
all common law, statutory and other reserved rights, including the copyright thereto. The Architect
grants the Owner a license to use Instruments of Service for the purpose of constructing, occupying,
or maintaining the Project. Reuse or modification of any such documents by the Owner, without the
Architect’s written permission, shall be at the Owner’s sole risk, and the Owner agrees to indemnify
and hold the Architect harmless from all claims, damages and expenses, including attorneys’ fees,
arising out of such reuse by the Owner or by others acting through the Owner. Submission or
distribution of Instruments of Service to meet official regulatory requirements or for similar purposes
in connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect’s consultants.
4. Architect and its sub-consultants are entitled to rely on materials information, performance data, and
design-build systems engineering provided by others including, but not limited to, manufacturers,
suppliers, specialty contractors, and publishers of technical standards.
5. The Owner and Architect agree to waive all consequential damages with respect to each other.
6. The Architect assumes no responsibility for any identification, removal and other work incidental to
asbestos or any other hazardous material related to the Project and, therefore, no services are
included within the range of this Agreement.
7. The Architect assumes no responsibility for existing conditions concealed from view. No destructive
testing or investigation is included within the scope of this Agreement.
8. This Agreement shall be governed by the laws of the place in which the Project is located.
9. Neither the Owner nor the Architect may assign this Agreement without the written consent of the
other, except that the Owner may assign this Agreement to the lender providing financing for the
Project, if the lender agrees to assume the Owner's rights and obligations under this Agreement.
10. If the Owner requests the Architect to execute certificates, the proposed language of such certificates
shall be submitted to the Architect for review at least 14 days prior to the requested dates of
execution. The Architect will not be obligated to execute certificates or consents that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
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11. The Architect will have the right to include photographic or artistic representations of the design of
the Project among the Architect's promotional materials. The Architect's materials will not include
confidential or proprietary information if the Owner has previously notified the Architect in writing of
the specific confidential or proprietary information. The Owner will provide professional credit for
the Architect in the Owner's promotional materials for the Project.
12. The terms and conditions of this Agreement contain a series of separate agreements. If, in any
proceeding, the court or arbitrators shall refuse to enforce all of the separate agreements, any
unenforceable agreement be deemed reduced or eliminated from the terms and conditions for the
purpose of such proceeding, but only to the extent necessary to permit the remaining agreements to
be enforced in such proceeding.
END OF APPENDIX A
DocuSign Envelope ID: C3D33C77-AA74-4D08-9BD4-44B426CE78BE
AN EMPLOYEE-OWNED COMPANY | AN EQUAL OPPORTUNITY EMPLOYER—MINORITIES / FEMALES / DISABLED / VETERANS
Bozeman Office
2880 Technology Blvd. W.
Bozeman, MT 59718
City of Bozeman – Solid Waste
Complex Renovation and
Addition
Scope and Fee Letter
Prepared by:
The Buildings Group
Morrison-Maierle
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Nov 17, 2021
Comma Q Studio
Attn: Scott Dean
109 N Rouse Avenue
Bozeman, MT 59715
Dear Scott:
Thank you for the opportunity to provide you with scope and fee proposal information for the
following services:
Structural
Mechanical
Plumbing
Electrical
The following is our understanding of the required scope of services, fee assumptions and
limitations.
SCOPE OF SERVICES AND FEE ASSUMPTIONS/LIMITATIONS
Our engineering services were based on the following anticipated scope of services:
General:
To develop our fees for the base scope of work, we assumed scope will be limited to
creating a new 2,000 SF garage and some associated interior renovation work, including
converting the existing 1,700 SF garage into two new office spaces, new reception area,
and a storage room. Estimated construction cost to be about $400,000.
To develop our proposed fees, we anticipated the project to be completed by Summer
of 2021, with construction completed by fall of 2021.
For the purposes of this fee estimate, we have assumed a single bid package will be
developed. We will assist in the selection of engineering systems in accordance with the
objectives and goals of the owner and architect regarding cost, constructability,
schedule, etc. However, multiple systems will not be fully developed for pricing purposes.
Morrison-Maierle will provide engineering design and analysis based on the
requirements of the following codes:
o International Building Code (IBC)
o International Existing Building Code (IEBC)
o International Mechanical Code (IMC)
o Uniform Plumbing Code (UPC)
o National Fire Protection Association (NFPA) codes 13 72
o National Electrical Code (NEC-NFPA 70)
RE:City of Bozeman – Solid Waste Complex
DocuSign Envelope ID: C3D33C77-AA74-4D08-9BD4-44B426CE78BE
CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 3 | 7
o International Energy Conservation Code (IECC).
Morrison-Maierle will produce drawings in Revit. All drawings will use the architect’s
designated drawing conventions.
We will use Revit BIM models to develop 2D construction plans and for design team
coordination. This level of BIM model development is also known as “LOD 300” as
referred to in AIA contracts and other standards of the A/E industry. If additional
objectives or other downstream use of the BIM model are required, an additional
service fee may be required depending on if additional effort is needed to increase
the level of detail and responsibility for accuracy associated with the other use(s)
of the information.
We will provide electronically transmitted PDFs of the final construction drawings. The
architect will complete reproduction and distribution of the bid drawings, construction
drawings, specifications, and all addenda.
We will provide three-part CSI formatted specifications edited to match the project’s
formatting.
Additional services include a one-year warranty walkthrough and updated record
drawings incorporating changes from the contractor’s field set.
Exclusions:
Design services are limited to the existing building footprint and new garage.
We understand that LEED certification will not be pursued.
To minimize our fee, we have not included any contingencies to cover significant
changes or redesign caused by other parties or factors that are not within our direct
control.
We assume that if any exploratory demolition is required it will be contracted by the
architect or owner, and performed by a licensed contractor.
We have not included value engineering after bidding in this proposal. Value
engineering after bid can be provided as an additional service at our standard hourly
rates.
We did not include reissuing of drawings during construction that include design
changes resulting from clarifications or change orders, commonly known as as-builts.
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Structural:
Morrison-Maierle will provide structural design, analysis, and development of
construction documents for the structural systems layout, member sizing, and member
connections for the new garage and associated foundations.
The level of effort for structural analysis/design assumes no additional structural work
will be required at the existing office/shop complex.
Our fee estimate assumes that spread footing foundations will be applicable and that
deep foundation systems (i.e. helical piers, driven or drilled piles, etc.) will not be
required for this project.
The architect will be responsible for exterior envelope design and development of above
and below grade water-proofing.
We will redline edit the architect’s structural specifications or produce Master SPEC
based structural specifications using the architect’s format. The architect will complete
word processing of any red-lines, production, and distribution of the specifications.
For the purposes of this fee estimate, we have assumed a single structural bid package
will be developed (i.e. no separate foundation or other “fast-track” packages).
The construction phase fee includes efforts to provide responses to contractor questions,
review of shop drawings, observation of construction progress and up to one (1) site
visit.
Code required “special inspections” which include anticipated construction testing and
inspection of the structural systems have not been included in this proposal. These
services can be provided by Morrison Maierle under a separate contract with the Owner.
Exclusions:
Structural (lateral or gravity) analysis of the existing structure.
Investigation and demolition investigation of existing structural elements.
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Mechanical (Plumbing/HVAC):
We will provide certification of compliance with the mechanical portion of the
International Energy Conservation Code (IECC).
We anticipate working with the owner and the architect to select a mechanical system
during schematic design. We do not anticipate developing more than one system
beyond the schematic level, meaning we anticipate defining the mechanical system
moving into design development and the construction document phases of the project.
We will provide design of heating ventilation and air conditioning (HVAC) systems for
the building. We have assumed the system will include the following in the development
of our fees:
o Modification of the existing propane furnace HVAC system to accommodate
changes to the space and floor plan. Ductwork will be modified as required. If
capacity is not available in the existing furnace, a new heating system will be
designed.
o Ventilation modifications to the existing garage systems.
o Design of a new heating system for the expanded garage area.
o Heating and cooling zones will be established based on building exterior
exposures and interior heat gains. These will be coordinated with the owner.
We will provide design of the following plumbing systems or components:
o Modification of the existing propane gas piping to serve any new heating
equipment.
The HVAC and plumbing design will extend up to 5-feet from the exterior perimeter of
the building where the site civil engineer will show all work from that point to their
connection/termination.
Our bidding phase fee includes:
o Providing responses to contractor questions via addendum(s) during bidding
phase
Our construction phase fee includes:
o Providing responses to contractor questions
o Review of shop drawing submittals
o Two (2) site visits to observe construction progress.
Including a substantial completion inspection and punch list that
identifies any deficiencies
Exclusions:
It is assumed that any propane tank or source and main valving is adequate and will not
need to be modified.
Energy modeling or building energy simulation.
Commissioning of mechanical systems.
Design of roof drainage scuppers, gutters and downspouts.
Alternative energy system, such as, solar hot water, and geothermal.
Foundation drainage systems
Camera-scoping of existing sanitary and roof drainage piping.
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Electrical:
We will determine if the existing electrical service entrance equipment and electrical
panelboards for the building will remain as is, or if they will require upgrade/upsize as
part of the addition/renovation.
We will provide an initial estimated load calculation for new electrical loads, in addition
to final NEC calculated demand loads.
We will provide a power system layout and circuiting for the renovation and addition.
We will provide luminaire options for the architect’s selection to meet the needs of the
renovation and addition.
We will provide a lighting layout and circuiting for the renovation and addition.
Luminaire layout will be limited to one revision. Layouts in addition to this will be billed
as an additional service at standard hourly rates.
We will provide an interior/exterior lighting control system layout that meets the
requirements of the International Energy Conservation Code (IECC).
If required by code or owner, we will provide design of a fire alarm system for the
building.
We will provide design of infrastructure for the telephone/data system, which includes
outlet rough-ins with junction box and empty conduit pathways stubbed to accessible
ceiling space.
Our bidding phase fee includes:
o Providing responses to contractor questions via addendum(s) during bidding
phase
Our construction phase fee includes:
o Providing responses to contractor questions
o Review of shop drawing submittals
o Two (2) site visits to observe construction progress.
Including a substantial completion inspection and punch list that
identifies any deficiencies
Exclusions:
Design of backup power devices, such as, generator or UPS.
Alternative energy system design, such as, photovoltaic or wind.
Site lighting design.
Lightning protection analysis or design.
We have not included providing design of an access control or security system. Full
access control or security system design can be provided at our standard hourly rates.
We have not included providing design for the telephone/data system, or cabling and
jack terminations for those respective systems. We have included providing design of
rough-in only. The owner or others will be responsible for providing the actual telephone
and data communication devices. Full telephone/data system cabling design can be
provided as an additional service at our standard hourly rates.
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Based on our understanding of the required scope of services as outlined in this letter, the
following is a distribution of our proposed fees for each discipline/phase of the project:
Basic Services Fees:Design
Development
Phase
Construction
Documents
Phase
Permitting
& Bidding
Phase
Construction
Phase Total
Structural $2,400 $5,700 $450 $1,600 $10,150
Mechanical $2,700 $4,050 $450 $1,800 $9,000
Electrical $2,250 $3,375 $375 $1,500 $7,500
Basic Services Total:$7,350 $13,125 $1,275 $4,900 $26,650
Once we receive your approval of this proposal, we will proceed with the development of an
Agreement and begin work on the project. This proposal is valid for up to 60 calendar days after
the date of this letter. After 60 days, the proposed fees listed may be subject to increases based
on changes in our cost of labor and expenses.
Sincerely,
Joe Hughes, PE
Project Manager
Additonal Services Fees:Structural
Mech. (HVAC,
Plumbing)Elect.Total
Record Drawings $500 $500 $500 $1,500
1 year Warranty Walk-Through $0 $350 $350 $700
Additional Services Total $500 $850 $850 $2,200
DocuSign Envelope ID: C3D33C77-AA74-4D08-9BD4-44B426CE78BE