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REQUEST FOR QUALIFICATIONS (RFQ)
CITY HALL RENOVATION – PROJECT ARCHITECT
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
August 2023
Page 2 of 20
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to provide
Architectural services related to the renovation of Bozeman City Hall. The selected firm is to serve as the
Project Architect, generate designs and plans for reconfiguration and optimization of office space,
generate cost estimates, and provide construction administration services for the project.
Copies of the Request for Qualifications are available on the City’s website
All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an
email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject
line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded to the City Clerks’ Office upon special arrangement of
the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed,
and that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFQs via email to the City Clerk by September 13th, 2023 at 2:00 PM MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing time as late
submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded
entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability and which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication
and has read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, agenda@bozeman.net.
Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582-
2439, wziegler@bozeman.net.
DATED at Bozeman, Montana, this August 19th, 2023
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, August 19, 2023
Saturday, September 2, 2023
I. INTRODUCTION
The City of Bozeman (Owner), is seeking qualifications from firms to undertake Architectural and
Construction Administration services related to the renovation of Bozeman City Hall.
The Owner intends to enter into a contract with the selected firm that will include working with various
departments located at City Hall to identify facility and space needs, creating designs and plans for the
renovation work, generating project cost estimates, and providing Construction Administration services
for the project.
This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods or services.
The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the
Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal proceedings
shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ,
all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not
limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity
employment practices, safety, non-discrimination, etc.
II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION
Introduction
Bozeman City Hall, located at 121 N Rouse Ave, Bozeman, MT, was originally constructed in 1980 as a
public library. Following the opening of the current Bozeman Public Library on Main St. in 2006, the old
library was converted for use as Bozeman’s City Hall and was renovated for that purpose in 2008.
In the time that the building has served as City Hall, the City has experienced significant growth in
population and City staff. To meet the current needs of City Hall, a renovation is required to maximize
usable square footage within the building as well as increase the functionality and security of the facility.
Goals for this project include:
Improved safety and security through redesign of the Finance Department front counter located
on the first floor.
Additional office space for several Departments, including but not limited to, Human Resources,
Economic Development, Finance, and the City Manager Office.
Consideration of space needed for records storage.
Improved energy efficiency through recommissioning efforts.
The City is seeking an architectural firm to work with the various departments. to identify the current
and future needs of their offices, develop designs and construction documents for a renovation which
meets those needs, and then provide construction administration services as the Project Architect.
III. SCOPE OF SERVICES
The Scope of Services for the proposed contract is final design on the City Hall Renovation project. The
successful firm will provide all services necessary to complete the design, develop construction bid
documents, assist in bidding the project and coordinate in oversight of the construction activities. All
work must be in compliance with all applicable requirements under Montana and Federal laws and
regulations.
Preliminary Design
Determine office space and facility needs for departments located in City Hall
Schematic Design Phase
Preliminary cost estimation and budget development
Design Development Phase
Construction Documents
Construction Documents – to include all Design Documents which will specify all elements and
other information necessary to complete the construction project, including all permiting and
regulatory approvals required.
Bidding – creation of drawings and contract documents required to put project out to bid. The
selected firm will assist the City in preparing bid documents, soliciting and evaluating bids, and all
other bidding activities.
Administration of Construction Contract
Professional services as normally required for oversight and execution of the construction
contracts during the preconstruction and construction phases of this project.
Detailed project schedules will be established during task order negotiations. Proposals must clearly
demonstrate the firm’s ability to rovide the servies detailed above given their current staffing.
IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
Deliver RFQs via email to the City Clerk (agenda@bozeman.net) by September 13, 2023 at 2:00 PM
MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to
the closing time as late submittals will not be accepted and will be returned. All proposals must be
provided as a single, searchable PDF document file and be submitted digitally as an email attachment
to the RFQ Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The
subject line of the transmittal email shall clearly identify the RFQ title, company name and due
date/time. File sizes greater than 25MB in size may be uploaded to an alternate submission method
upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to
ensure the file upload is completed, and that the Recipient is separately notified via email of same,
prior to the given deadline.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO:
Max Ziegler – Facilities Project Coordinator
P.O. Box 1230
Bozeman, MT 59771-1230
(406) 582-2250
wziegler@bozeman.net
Amendments to Solicitation
Any interpretation or correction of this request will be published on the City’s webpage. The deadline for
questions related to this document is 12:00 PM MST on September 8, 2023
B. Selection Timeline
Advertising dates: August 19 and September 2, 2023
Receipt of RFQs: No later than 2:00 p.m. MST September 13, 2023
RFQ Review Complete by Committee: September 20, 2023
Interviews: September 29, 2023
Selection: October 10, 2023
With the exception of the advertising dates and advertised due date, the City reserves the right to
modify the above timeline.
V. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this solicitation.
The selection process shall be conducted pursuant to all applicable Montana law including
those criteria set forth in §18-8-204, MCA and applicable City policy.
1. Evaluation of RFQs. The selection committee shall consist of no less than
three persons representing the City. The selection committee will review
conforming RFQ responses using the criteria listed above. RFQ responses that do
not contain the required documentation will be deemed nonresponsive to this
solicitation and may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment with
respect to opportunity for discussion and revision of responses, and such revisions
may be permitted, after submissions and prior to award for the purpose of
obtaining best and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based
on the criteria herein the selection committee may eliminate one or more or all
Respondents from further review if they do not meet the qualification criteria
specified herein. Any Respondents eliminated by the selection committee, at any
time, or for any reason, shall have no opportunity to make revisions or participate
further in the selection process.
4. Interviews. After reviewing conforming RFQ responses, the selection
committee may decide to schedule interviews with qualified respondents.
Interviews will be held on September 29, 2023 at 10:00 AM at the Professional
Building, 20 East Olive Street (basement conference room), Bozeman MT 59715.
Each firm selected for interview will be notified of the specific time for their
interview. The format of the interview will be left up to the proposing firm;
however, interviews will be [45] minutes inclusive of questions from the selection
committee, with 15 minutes between interviews for transitions and set up
between Respondents.
5. Selection and Final Recommendation. The selection committee will tally
the scores for the RFQ. At that time contract negotiations will take place between
the City and successful Respondent. The City may negotiate a contract with the
next highest ranked Respondent if a contract cannot be made.
B. RFQ – FORM AND CONTENTS
Deliver one (1) digital copy prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF document not to
exceed 20 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
ii. Firm Information:
a. Experience. Respondent must demonstrate successful experience and capacity
to act as a contractor on projects of similar size, type and complexity. Provide
the name and location of each project, the client, and the contact person and
phone number. Describe experience and qualifications of the professional
personnel to be assigned to this project. Describe your recent and current work
for the City of Bozeman, if any.
b. Firm Background. Provide information about the firm, including location.
Describe the firm’s history. Include information identifying the firm’s annual
volume of business, financial/bonding capacities, and speak to the firm’s
stability in the marketplace. Information identifying the firm’s strengths and
weaknesses along with special capabilities that may be appropriate to the
Project will assist in the evaluation.
c. Firm Workload. Provide the status of current and anticipated work within the
firm in terms of time and magnitude for the anticipated Project schedule as it
relates to availability of key personnel and your firm. Describe the firm’s
capability to meet time and project budget requirements.
d. Claims. At any time in the last ten (10) years has your firm been assessed and
paid liquidated damages after completion of a project under a contract with a
public owner?
e. References. Provide detailed contact information for the Owner for at least five
(5) project undertaken by your firm within the past five years.
C. EVALUATION CRITERIA
Qualifications will be evaluated by the Selection Committee who will individually score
them out of a total of 100 possible points based on the criteria below.The scoring criteria
and possible point values are:
1. Respondent’s experience with projects of similar size and design:
Possible Points: 40
2. Firm’s Qualifications:
Possible Points: 20
3. Capabilities to meet time schedule and project budget requirements.
Possible Points: 20
4. Present and projected workloads:
Possible Points: 10
5. Past projects/experience working with the City of Bozeman:
Possible Points: 5
6. Office(s) location:
Possible Points: 5
VI. FORM OF AGREEMENT
The form of agreement is attached to this document as Attachment B
VII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ become the property of the City and public records
and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY
RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY
RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR
QUALIFICATIONS AT A LATER DATE.
A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFQ, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all submissions; to add or delete
items and/or quantities; to amend the RFQ; to waive any minor irregularities,
informalities, or failure to conform to the RFQ; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by item
or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are
determined by the City to be in the public interest.
C. The City reserves the right to reject the submission of any person/firm who previously
failed to perform properly to the satisfaction of the City, or complete on time agreements
of similar nature, or to reject the submission of any person/firm who is not in a position
to perform such an agreement satisfactorily as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and negotiate
a final scope of service and cost, negotiate a contract with another Respondents if an
agreement cannot be reached with the first selected Respondents, or reject all
proposals.
E. The successful Respondents will be required to enter into a contract with the City,
which will incorporate the Respondents' scope of service and work schedule as part of
the agreement.
F. This RFQ does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Respondents in responding to this request for
qualifications or request for interviews, additional data, or other information with
respect to the selection process, prior to the issuance of an agreement, contract or
purchase order. The Respondents, by submitting a response to this RFQ, waives all
right to protest or seek any legal remedies whatsoever regarding any aspect of this
RFQ.
G. This project is subject to the availability of funds.
VIII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form
provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or because of actual or perceived sexual orientation, sexual preference, gender
identity, or disability in fulfillment of a contract entered into for the services identified herein and that
this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s
employees and to all subcontracts it enters into in the fulfillment of the services identified herein.
Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay
Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of
Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
IX. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of
the City shall affect or modify any term of this solicitation. Oral communications or any
written/email communication between any person and City officer, employee or agent shall not be
considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall constitute, create,
give rise to or otherwise be recognized as a partnership or formal business organization of any kind
between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer, employee,
contractor, or consultant of a respondent shall be an officer or employee of the City. No rights
of the City’s retirement or personnel rules accrue to a respondent, its officers, employees,
contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,
bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and
premiums appurtenant thereto concerning its officers, employees, contractors, and consultants.
Each Respondent shall save and hold the City harmless with respect to any and all claims for
payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums in any way related to each respondent’s
officers, employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with
sensory impairments. For further information please contact the ADA Coordinator Mike Gray at
406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation, the
words shall govern. No responsibility shall attach to a City employee for the premature opening
of an SOQ not properly addressed and identified in accordance with these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws of the
State of Montana, without reference to principles of choice or conflicts of laws.
X. ATTACHMENTS
The following exhibits are incorporated in this RFQ:
Appendix A: Non-Discrimination Affirmation
END OF RFQ
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
ATTACHMENT B
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 20___ (“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, ____________, _______________, 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 and by this reference made a part
hereof.
2. Effective Date: This Agreement is effective upon the Effective Date and will expire on the
_____ day of ____________, 20___, 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 ________________ Dollars ($_________) for
services performed pursuant to the Scope of Services. In addition, production of reproducible record
drawings will be billed at the hourly rate, not to exceed ________________ Dollars ($_________). Any
alteration or deviation from the described work that involves additional costs above the Agreement amount
will be performed by Architect after written request by the City, and will become an additional charge over
and above the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, growth policies, adopted plans of
the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of
the Scope of Services.
b. Architect represents and warrants to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform 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
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.
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.
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 _________________ 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 _____________________ 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.
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 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
__________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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