HomeMy WebLinkAbout07- Contract with Prugh and Lenon for Downtown Intermodal Facility
Commission Memorandum
REPORT TO:
Honorable Mayor and City Commission
FROM:
James Goehrung, Director of Facility Services
Chris Kukulski, City Manager
SUBJECT:
Architectural Contract for the Downtown Bozeman Intermodal Facility
MEETING DATE: June 11,2007
BACKGROUND: The Downtown Bozeman Intermodal Facility was originally a
project under the oversight of the Garage at City Center. The project is now back directly under
the control of the City of Bozeman. All of the other contracts associated with the design of the
garage have been modified so that they are now between the consultants and the City of
Bozeman.
A contract has been negotiated with the architect of record on this project, Prugh and Lenon
Architects. The contract includes the standard AlA Architectural contract and a 20 page
addendum. The addendum modifies the standard language in the contract to better address the
interest and needs of the City.
This contract that now clearly identifies the City of Bozeman as the owner begins with the tail
end of the Construction Document Phase and includes Bidding and Construction Services. The
total amount of this contract is $147,250.
RECOMMENDATION: Authorize the City Manager to sign the Architectural
Services Contract with Prugh and Lenon Architects for the construction of the Downtown
Bozeman Intermodal Facility.
FISCAL EFFECTS: The Architectural services are included in the overall project costs for
the Downtown Intermodal Facility. The dollar costs in the contract are not in addition to the fees
already scheduled for the garage. The contract will formalize the City of Bozeman as the owner
and the primary decision making party on the project.
AL TERNATIVES:
As suggested by the City Commission.
Chris A. Kukulski, City Manager
Attachments: Contract and the Addendum
Report compiled on June 1,2007
LETTER OF TRANSMITTAL
RUGH
......= AND ',""~__'.'m'__
ENON
DATE: OS/24/07
JOB NO: PRK
ARCHITECTS'
PC
7F.a8t Main street Bozema~MT S9715
ATTENTION:
James Goehrung
TO: James Goehrung
Superintendent Facilities & Lands
P.O. Box 1230
Bozeman, MT 59771-1230
RE: Bozeman Intermodal Facility
Bozeman, Montana
WE ARE SENDING YOU [ x] Attached via USPS the following items:
r J Shop Drawings
[I Copy of Letter
[] Plans
[] Change Order
[ J
[ I
Prints
r ]
[ x ] Supplemental Contract
Samples
COPIES DATE NO. DESCRIPTION
2 OS/24/07 B141 13141 and Supplement
THESE ARE TRANSMITTED as checked below:
[x] F or Approval I ] Accepted
I ] For 'Your Use [ ] Accepted As Noted
[ ] As Requested r 1 Not Accepted, Resubmit
I ] For Review & Comment I J
REMARKS: I agreeable, please sign both copies, retain one copy and return one to our office.
Thanks.
Copy To:
flie
Signed:
Dick Prugh
Phone: (406) 587-1255 Fax: (406) 587.1819 Email: dprugh@prughlenon.com
..~AIA Document 8141" -1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771.1230
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSA nON
AGREEMENT made as of the Twenty-fourth day of May the year Two Thousand
Seven.
(In words, indicate day, month and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
and the Architect:
(Name, address and other inj(wmation)
Prugh & Lenon Architects, P.C.
27 East Main Street
Bozeman, MT 59715
For the following Project:
(Include detailed description (~f Project)
The Bozeman Intermodal Facility. See Attachment A. Program as schematically
shown on Drawings Al.O, Al.l, Al.2 and At. Structural design will include design
option for two additional floors (approximately 650 cars). Cornmerciallease space
includes "shell" design only.
The Owner and Architect agree as follows:
AlA Document 8141TM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe ciVil and criminal penallles, and will be
prosecuted to the maximum extent possible under the law, This document was produced by AlA software at 13:46:34 on OS/24/2007 under Order
No.1000263548_1 which expires on 10/11/2007, and is not for resale.
User Notes: (2592037188)
1
In it.
ARTICLE 1.1 INITIAL INFORMATION
~ 1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the jbllowing items by inserting the requested information or a statement such as "not
applicable," "unknown at time of e.xecution" or "to be determined later by mutual agreement. ")
~ 1.1.2 PROJECT PARAMETERS
~ 1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or Roals.)
Automobile parking garage with incorporated lease space.
~ 1.1.2.2 The physical parameters arc:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports ahout the site.)
112 block in downtown Bozeman between Black A venue and Tracy A venue and Mendenhall streets and the
alley.
~ 1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
The program is schematically drawn in Attacment A.
~ 1.1.2.4 The legal parameters are:
(Identify peninent legal information, indudinK, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
City of Bozeman
Tracy's Second Addition
Lots 16 - 24
Parcel C
Amended Plat of Original Plat C.l F
City of Bozeman
Tracy's Second Addition
Lots 13 - 15
~ 1.1.2.5 The financial parameters are as follows.
.1 Amount (lfthe Owner's overall budget for the Project, including the Architect's compensation, is:
unknown at time of execution of this Agreement
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:
unknown at time of execution of this Agreement
~ 1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dares, durations orfast track scheduling.)
1 July 2008 - Base Bid
1 Sept. 2008 . Alternate #1
(Assumes Construction Contract June 2007.)
~ 1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
General Contractor at risk. Competitive Bid.
~ 1.1.2.8 Other parameters are:
Init.
AlA Doeument 8141n. - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970. '974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Doeument, or any portion 01 it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:34:51 on OS/24/2007 under Order
No.1000263548_' which expires on 10/11/2007. and is not for resale.
User Notes: (2758155990)
2
(Identify special characteristics or needs (~fthe Project such as energy, environmental or historic preservation
requirements. )
~ 1.1,3 PROJECT TEAM
~ 1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information.)
See Supplementary B141 Form.
~ 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review
the Architect's submittals to the Owner are:
(List name, address and other information.)
The City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
~ 1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
Morrison - Maierle, CiviVSoiIs Engineer
P.O. Box 1113, Bozeman, MT 59771
Graelic, Parking Garage Design
5430 S. 32Dd St. West, Billings, MT 59108
Marvin & Associates, Traffic Study
1260 S. 3Znd St. West, Billings, MT 59108
~ 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Dick Prugh & Jamie Lenon
Prugh & Lenon Architects, P.C.
27 East Main Street, Bozeman, MT 59715
~ 1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, ifknown, identify them by name and address,)
Bronec & Associates, Inc., mechanical engineering
2504 West Main Street, Bozeman, MT 59718
Van Dyken Engineering, Electrical Engineering
37 Spanish Peak Drive, Bozeman, MT 59718
DCI Engineers, Structural Engineering
601 W. Riverside Ave., Suite 600, Spokane, WA 99201
~ 1.1.4 Other important initial information is:
AlA Doeument B141TM -1997 Part 1. Copyright @ 1917.1926.1948.1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result In severe eivil and eriminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13;34;51 on OS/24/2007 under Order
No.1000263548_1 which expires on 10/11/2007, and is not for resale.
User Notes: (2758155990)
3
Init.
This Agreement entered into as of the day and year first written above.
/"
(Signature)
( Ignature)
'/Z/c;f/I/IZ/J ?/Zf!f-l
(Printed name and title
J?A' 137/ '#rlYr
OWNER
(Printed name and title)
AlA Document B14pM - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967. 1970, 1974. 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:34:51 on OS/24/2007 under Order
No.1000263548_1 which expires on 10/11/2007. and is not for resale.
User Notes: (2758 155990)
11
In it.
.18 Construction ManaQement
.19 Start-up Assistance
.20 Record Drawings
.21 Post-Contract Evaluation
.22 Tenant-Related Services
.23
.24
.25
Description of Services.
(Insert descriptions of the services designated.)
ARTICLE 2.9 MODIFICATIONS
~ 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Comract Administration, if any, are
as follows:
By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications
hereto are incorporated Into the Standard Form of Agreement Between the Owner and Architect, AlA Document
B141-1997, that was entered into by the parties as of the date: -;;l ~
OWNER /I f
(Signature) /:
1214. I. 'E/V/
(Printed name and title)
AlA Doeument 8141''' -1997 Part 2. Copyright @1917. 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
Ameriean Institute ot Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:39:08 on OS/24/2007 under Order
No_1000263548_1 which expires on 10/11/2007, and is not for resale.
User Notes: (2700109586)
9
In It
AlA DOCUMENT B141, 15th EDITION -1997
SUPPLEMENTARY FORM
Prugh and Lenon Architects
Downtown Bozeman Intcrmodal Facility
April 16, 2007
Standard }1"'orm:
The Standard Form of Agreement Be/ween Owner and Architec/ with Standard Form of
Architect's Services: Design and Contract Administration, AlA Document B141, 15th Edition,
] 997, Articles 1 through 2 inclusive, is part of this Supplementary Form and is incorporated by
reference as if fully set forth herein. For brevity, the Standard Form of Agreement Between
Owner and Architect with Standard Form of Architect's Services: Design and Contract
Administration, AIA Document B 141, 15th Edition, 1997, is also referred to as the "Agreement."
The following Supplementary Form modifies, change, delete from, and add to, the Agreement.
Where any portion of the Agreement is modified or deleted or any paragraph, subparagraph or
clause thereofis modified or deleted by this Supplementary Form, the unaltered provisions of the
Agreement shall remain in effect.
1.1
1.1.1 Insert the following in the space provided after Paragraph 1.1.1:
For the purposes of this Agreement, the Standard Form Agreement Between Owner and
Architect and the Standard Form of Architect's Services: Design and Contract Administration,
AlA Document B141, 15th Edition, 1997, shall be construed as one merged document and are
considered Contract Documents as defined in the General Conditions of the Contract for
Construction, AlA Document A201, 151h Edition, 1997 and the Supplementary Conditions to
AlA Document A201, 15th Edition, 1997.
1.1.2
1.1.2.1 Insert the following in the space provided after Subparagraph 1.1.2.1:
Design an irttermodal facility which includes a parking garage, with incorporated bus transfer
facility and pedestrian shelter, lease commercial retail space, and related site improvements. The
parking garage will consist of approximately 159,900 square feet and 10,070 of commercial
space. The design guidelines for Phase I include parking to accommodate: 102 basement parking
spaces, 67 grade level spaces, 100 spaces on the second level, 66 spaces on the thirdleveI. Phase
n will add an additional 100 spaces.
City of Bozeman
Page 1 of 20
1.1.2.2 Insert the following in the space provided after Suhparagraph 1.1.2.2:
The Intermodal Facility shall be located on the half acre block in downtown Bozeman between
North Black and North Tracy Avenues and the alley and East Mendenhall Street.
1.1.2.3 Insert the following in the space provided after Subparagraph 1.1.2.3:
The Owner's Program shall be developed by the Architect pursuant to a separate agreement with
the Owner.
1.1.2.7 Insert the following in the space provided after Subparagraph 1.1.2.7:
It is the Owner's intent to competitively bid both Phase I and Phase II for construction. The
Project will be hid and constructed using the services of a "Construction Manager, Contractor at
Risk" pursuant to a separate agreement with the Owner. Due to the fact that federal funding has
been secured for the project, all bidding will he done in compliance with federal bidding
requirements.
1.1.3
1.1.3.1 The Owner's Construction Representative shall be:
James Goehrung, Director of Facility Services, City of Bozeman, P.O. Box 1230, Bozeman,
MT 59771, Telephone: (406) 582-3232, Fax: (406) 582-3201, jgoehrung @ Bozeman.net
1.1.3.2 City of Bozeman Parking Commission, Chris Pope, chairman.
1.1.5
Replace Paragraph 1.1.5 in its entirety with the following:
1.1.5 When the services under this Agreement include the administration ofthe Contract for
Construction between the Owner and the Contractor, the General Conditions of the Contract for
Construction referenced in this Agreement shall be the General Conditions of the Contract for
Construction, ALA Document A201, 15th Edition 1997, and the Supplementary Conditions to
AlA Document A201, 15th Edition, 1997. Modifications made by inclusion of the
Supplementary Conditions to ALA Document A201, 15th Edition, 1997, shall be subject to the
provisions in subparagraph 2.6.1.1 herein.
1.2.2
Replace Subparagraph 1.2.2.2 in its entirety with the following:
1.2.2.2 The Owner shall inform the Architect in writing of changes in the Fixed Limit in the
Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the
portion of the budget allocated for the Cost of the Work, or contingencies included in the overall
City of Bozeman
Page 2 of 20
budget or a portion of the budget, without the agreement of the Architect to a corresponding
change in the Project scope and quality.
Add the following at the end of Subparagraph 1.2.2.4:
..... .and approved by the owner in advance.
Add the following at the end of Subparagraph 1.2.2.5:
However, to the extent that testing or surveying services are necessary as a result of errors,
omissions, or inconsistencies in the Contract Documents or in the performance of services by the
Architect, the Architect shall engage such providers and pay the cost thereof. Where such
remedial services are performed by providers already engaged by the Owner, any fees paid to the
provider by the Owner for such services shall be deducted from the first Basic Fees subsequently
due to the Architect.
Add the following new Subparagraphs to Paragraph 1.2.2:
1.2.2.8 The Owner shall fumish surveys describing physical characteristics, legal limitations
and utility locations for the site of the Project, and a written legal description of the site when
available. The surveys and legal information sha1l include, as applicable, grades and lines of
streets, al1eys, pavements and adjoining property and structures; adjacent drainage; wetland
delineations; right-of-ways, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data pertaining to
existing buildings, other improvements and trees; and information conceming available utility
services and lines, both public and private, above and below grade, including inverts and depths.
All the information on the survey shall be referenced to a project benchmark.
1.2.2.10 The Owner shall provide the Architect copies ofthe draft versions and fully executed
versions of the General Conditions of the Contract for Construction, AIA Document A201, 15th
Edition, 1997 and the Supplementary Conditions to AlA Document A201, 15th Edition, 1997.
1.2.3
1.2.3.1 Add the following at the end of Subparagraph 1.2.3.1:
The "Architect," as defined in this Agreement, includes the Architect's employees, consultants,
agents, and subcontractors.
Replace Subparagraph 1.2.3.5 in its entirety with the following:
1.2.3.5 The Architect shal1 not engage in any activity, or accept any employment, interest or
contribution, which could create an appearance of a conflict of interest or risk of compromise of
the Architect's professional judgment, except upon the Owner's written consent after fun
City of Bozeman
Page 3 of20
disclosure by the Architect of all relevant facts.
Replace Subparagraph 1.2.3.6 in its entirety with the following:
1.2.3.6 The Architect intends that its designs, documents, and services shall conform to
applicable federal, state, and local statutes, ordinances, and regulations governing the Project and
the Work. The Architect agrees and acknowledges that this duty is non-delegable, and the
Architect, by signing drawings or preparing drawings to submit for purposes of building permits,
certifies that it has taken every reasonable measure to ascertain the codes that are applicable to
the Project. Nothing in this Agreement shall be construed to eliminate the Architect's
responsibility for compliance of its designs, its documents, and its services provided with local,
state, and federal statutes, and regulations, including, but not limited to, those that relate to
hazardous materials relating to new constmction on the Project, the intent ofthe Americans with
Disabilities Act, and current building code requirements.
Add the following new Subparagraphs to Paragraph 1.2.3:
1.2.3.8 The Architect agrees with the Owner to furnish services that are consistent with
professional skill and care that is standard in the profession of architecture and to cooperate with
the Owner in furthering the Owner's best interests.
1.2.3.9 The Architect is engaged hereunder as an independent contractor, and the Architect shall
have no right or authority to enter into any binding commitments, agreements or contracts on the
Owner's behalf without the Owner's prior express written consent.
1.2.3.10 The Architect agrees to pay any damages incurred by the Owner resulting from the
negligent acts of the Architect and/or negligent errors or omissions in Constmction Documents
prepared by the Architect.
1.2.3.11 The Architect's obligations pursuant to Subparagraph 1.2.3.10 are in addition to and
not in lieu of other remedies available to the Owner.
1.2.3.12 The Architect shall furnish the Owner proof that the engineers listed in subparagraph
1.1.3.5 are currently registered as professional engineers in the State of Montana and shall
acknowledge and represent to the Owner that they do not have a connection with the sale of any
equipment or material such as might be used in connection with the Project, and shall show that
they are not currently engaged or interested in any business which may cause a preference for
specific products or services connected with the Project. Any of said engineers may be
employees of or partners with the Architect. If, during the course of the Project, the engineers
listed in Subparagraph 1.1.3.5 arc replaced with other engineers, such replacement must be
approved in writing by the Owner. Failure of the Owner to object to any engineer shall not in any
manner release the Architect of any responsibility for such engineer services.
1.2.3.13 The Architect shall visit <md familiarize himself with the Project Site and its
City of Bozeman
Page 4 01'20
sunounding areas. The Architect is responsible for appraising itself of the codes, regulations,
laws and ordinances affecting the Projecting including, without limitation, local, county, state
and federal codes, regulations, laws and ordinances.
1.3.1
Replace Subparagraph 1.3.1.2 in its entirety with the following:
1.3.1.2 The Cost ofthc Work shall include the cost, at cunent market rates, oflabor and
materials fumished by the Owner and equipment designed, specified, selected or specially
provided for by the Architect. After bidding, the Cost of the Work shall be equal to the amount
of the Constmction Contract with the hired Contractor pursuant to the General Conditions of the
Contract for Construction, AIA Document A201, 15th Edition 1997, and the Supplementary
Conditions to AlA Document A201, 15th Edition, 1997. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and for changes in
the Work.
1.3.3
1.3.3.1 After the first sentence of Subparagraph 1.3.3.1, replace the remainder of Subparagraph
1.3.3.1 with the following:
The Architect shall notify the Owner in writing upon the Architect's determination that Changes
in Services are needed and justified. The Architect shall indicate in that notice (a) the scope of
the change, (b) the reason for the change, (c) the estimated financial and schedule impacts of the
change, and (d) a definitive statement of fees due the Architect for professional services and
expenses related to such change. Owner agrees to pay for all changes in services approved by
Owner; however, in addition to any other remedies available to the Owner under this Agreement
or under law, to the degree that the change was the result of an error or omission in the Contract
Documents or was otherwise avoidable by full perfonnance by the Architect, the professional
services required to implement the change shall be performed by the Architect and the
Architect's Consultants at no cost to the Owner.
1.3.3.2 Replace Subparagraph 1.3.3.2 in its entirety with the following:
Except as otherwise limited herein, if circumstances that are not addressed in this Agreement or
that are not reasonably within the scope of this Agreement result in a material increase in the
scope of the Architect's services, the Architect shall be entitled to a reasonable and appropriate
adjustment in schedule and compensation. The Architect shall not be compensated for services
related to mediation, or litigation in which the Architect is a party. Should the Architect believe
that a change justifies adjustment of the schedule governing the Architect's performance or
compensation or any other material adjustment in the Architect's services, the Architect shall
give advance written notice of the change to the Owner immediately upon the event giving rise to
the alleged adjustment. Notice shall include a description and cause of the event giving rise to
City of Bozeman
Page 5 of 20
the requested adjustment, the amount of the adjustment, the impact on the schedule of the
Architect's perfonnance of it, and substantiation for amounts or time claimed. No adjustment in
the Architect's scope of services shall be initiated prior to receipt of the Owner's written
approval of said scope of services.
1.3.4
1.3.4.1 Second sentence, strike ..... ... to arbitration or. . . . . ..
1.3.4.3 Replace the second sentence of Subparagraph 1.3.4.3 with the following:
Any mediation commenced pursuant to Subparagraph 1.3.4 shall occur in Gallatin County,
Montana.
1.3.4.4 Replace the third sentence with - In such event, mediation shall proceed in advance of
legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by ah'Teement or the parties by court
order.
1.3.5
1.3.5.1 Delete Subparagraph 1.3.5.1 in its entirety.
1.3.5.2 Delete Subparagraph 1.3.5.2 in its entirety.
1.3.5.3 Delete Subparagraph 1.3.5.3 in its entirety.
1.3.5.4 Delete Subparagraph 1.3.5.4 in its entirety.
1.3.5.5 Delete Subparagraph 1.3.5.5 in its entirety.
1.3.6
1.3.6 Delete Paragraph 1.3.6 in its entirety.
1.3.7
1.3.7.1 Replace the words "the law of the principal place of business of the Architect, unless
otherwise provide in Paragraph 1.4.2" in Subparagraph 1.3.7.1 with "the law ofthe State of
Montana."
1.3.7.2 Replace "current as of the date ofthis Agreement" with the following:
15th Edition, 1997 and the Supplementary Conditions to the Contract for Construction, AIA
Document A20l, 15th edition, 1997.
City of Bozeman
Page 6 of 20
Replace Subparagraph 1.3.7.3 in its entirety with the following:
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to
act shall be deemed to have accrued and the applicable statutes oflimitations shall be governed
by Montana Law.
1.3.7.4 Delete Subparagraph 1.3.7.4 in its entirety.
1.3.7.6 Add the following at the end of Subparagraph 1.3.7.6:
unless the toxic materials or substances were brought to the Project site pursuant to the terms of
the Contract Documents. Should the Architect become aware of the presence of hazardous
materials or toxic substances on the Project site, the Architect shall as soon as feasibly possible
report the presence to the Owner in writing. The Architect shall include in the Contract
Documents, a requirement that the Contractor certify that the completed Work does not contain
any hazardous materials or restricted toxic substances. The Owner shall approve the language
contained in this requirement prior to issuing the Contract Documents for bidding as required
pursuant to Subparagraph 2.4.4.6. Inclusion of this requirement shall be the Architect's only
obligation related to hazardous materials or toxic substances.
1.3.7.7 Add the following in the first sentence of Subparagraph 1.3.7.7, after the words "The
Architect":
, after receiving the Owner's written consent which shall not be umeasonably withheld,
Add the following new Subparagraph 1.3.7.10 to Paragraph 1.3.7:
1.3.7.10 The Architect represents that it is financially solvent, able to pay its debts as they
mature, and possesses sufficient working capital to complete the Services and perform its
obligations under this Agreement and under the Contract Documents. The Architect further
acknowledges and represents that the Owner is relying on the Architect's represcntation that it
possesses sufficient skill, knowledge, experience, and ability to fully perform the Services and its
obligations under this Agrecment. The Architect shall assign a team of professionals as
designated in Subparat,'Taph 1.1.3.5 ("the Project Team") to perform designated tasks. The
Architect shall not make substantial changes to the Project Teanl without the approval of the
Owner.
1.3.8
Replace Subparagraph 1.3.8.1 in its entirety with the following:
1.3.8.1 lfthe Owncr fails to make payment to the Architect in accordance with this Agreement,
such failure shall be considered nonperfoffilance and cause for tennination or suspension of
perfonnance of services, at the Owner's option, under this Agreement. The Architect shall give
City of Bozeman
Page 7 of 20
the Owner twenty-one (21) days written notice of the Architect's intention to tenllinate or
suspend provision of services. This notice shall specify detailed grounds for the intended
tenllination or suspension. In the event of suspension of services, the Architect shall have no
liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to the
suspension and the time schedules shall be equitably adjusted. However, if the Architect
wrongfully tem1inates this Agreement or suspends Architect's services, the Architect shall be
liable to Owner for all damages resulting from said wrongful termination or suspension of
serVIces.
Replace Subparagraph 1.3.8.2 in its entirety with the following:
1.3.8.2 Unless otherwise noted herein or in the Project Schedule most recently approved by the
Owner, if the Project is suspended by the Owner for more than thirty-five (35) consecutive days,
the Architect shall be compensated for services performed prior to notice of such suspension.
The Owner shall provide the Architect seven (7) days written notice prior to re-commencing the
Project.
1.3.8.3 Replace the words "seven clays' written notice" with the words "twenty-one (21) days'
written notice."
Replace Subparagraph 1.3.8.4 in its entirety with the following:
1.3.8.4 This Agreement may be terminated by the Owner upon not less than twenty-one (21)
days' written notice should the Architect fail to perform his obligations under this Agreement
when that failure is not solely the result of the failure of the Owner to perform his obligations
under this Agreement. This notice shall specify detailed grounds for the intended termination.
1.3.8.7 Insert the words "due immediately prior to the termination" between "services" and
"of'. Delete the words ", plus an amount for the Architect's anticipated profit on the value of the
services not performed by the Architect".
1.3.9
Replace Subparagraph 1.3.9.1 in its entirety with the following:
1.3.9.1 Unless noted otherwise in this Agreement, the Owner shall pay the Architect for services
properly rendered and for reimbursable expenses within 35 days after the Owner's receipt of a
monthly invoice in the form approved by the Owner. No deductions shall bc made from the
Architect's compensation on account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the Work other than those for
which the Architect has been adjudged to be liable.
1.3.9.2.1 Delete Subparagraph 1.3.9.2.1 in its entirety.
City of Bozeman
Page 8 of 20
1.3.9.2.2 Delete Subparagraph 1.3.9.2.2 in its entirety.
1.3.9.2.4 Delete Subparagraph 1.3.9.2.4 in its entirety.
1.3.9.2.5 Delete Subparagraph 1.3.9.2.5 in its entirety.
1.3.9.2.6 Add at the end of the paragraph, provided proper documentation is presented to the
Owner and no mark-up or added charges are passed along to the Owner for these coverage
requirements; and that any requested coverage is in addition to coverage that is nom1ally
reasonable and prudent for a professional architect to maintain.
1.3.9.2.8 Delete Subparagraph 1.3.9.2.8 in its entirety.
1.3.9.3 Delete the words "mutually convenient times" from Subparagraph 1.3.9.3 and replace
with the words "the Owner's request." Add the following at the end of Subparagraph 1.3.9.3:
The Architect hereby waives all rights to payment by the Owner for otherwise reimbursable
expenses when (a) the expense was incurred more than one hundred eighty (180) days before the
date on which the Owner receives the first invoice from the Architect requesting payment for that
expense; (b) the first invoice for that expense is not accompanied by detailed, credible, and
legible documentation indicating that project-related nature of the expense; or (c) that evidence is
produced in a fonn that is inconsistent with the form of the invoice.
1.4.1
1.4.1.1 Add the words "and Supplementary Form to AlA Document B141, 15th Edition, 1997"
at the end of Subparagraph 1.4.1.1.
1.4.1.2 Add the words "and Supplementary Form to AlA Document B 141, 15th Edition, 1997"
after the words "Document B 141-1997" in Subparagraph 1.4.1.2. Delete "or as follows:" in
Subparagraph 1.4.1.2 and replace with the following:
and Section 4 of the General Conditions of the Contract for Construction, AlA Document A201,
15th Edition, 1997 and Supplementary Conditions to AlA Document AlOI, 15th Edition, 1997.
1.4.2
Insert after the words "as follows" in Paragraph 1.4.2. the following new Subparagraphs:
1.4.2.1 The Architect agrees to maintain the following insurance coverage during the tenn of
this agreement:
1. Professional Liability Insurance with limits of at least $1,000,000.00 per claim
and $2,000,000.00 aggregate.
City of Bozeman Page 9 of 20
The Owner understands that the Architect's professional liability policy is an
"expense within limits" policy and that the applicable policy limit is reduced by
attorney's fees and costs incurred in defense of a claim. This policy shall remain
in efIect at least through the warranty period but in no case for less than twelve
(12) months aiter the date of issuance of the final Certificate of Payment by the
Architect.
2. Commercial General Liability Insurance with limits of at least $1,000,000.00 per
occurrence and $2,000,000.00 aggregate.
3. A Worker's Compensation Policy that complies with applicable Montana law.
Upon execution ofthis Agreement, the Architect will provide to the Owner Certificates of
Insurance or other evidence demonstrating that the Architect has obtained the insurance coverage
required hy this section.
1.4.2.2 The Architect agrees to indemniiy and hold hannless the Owner against all damages,
liabilities or costs, including reasonable attorney's fees, to the extent caused by the Architect's
negligent performance of professional services under this Agreement.
The Owner agrees to indemnify and hold harmless the Architect against all damages,
liabilities or costs, including reasonable attorney's fees, to the extent cause by the Owner's
negligent acts in connection with the Project.
Neither the Owner nor the Architect shall be obligated to indemnify the other party for the
other party's own negligence.
1.5
1.5.1 Insert after the words "as follows" in Paragraph 1.5.1 the following:
Start Up
Revise Documents/City
Consult. Coordination
Bidding Phase
Constmction Phase
$ 12,000.00
$ 39,000.00
$ 24,060.00
$ 72,190.00
TOTAL
$ 147,250.00
1.5.2
Replace Paragraph 1.5.2 in its entirety with the following:
City of Bozeman
Page 10 of20
1.5.2 Where the Owner has approved Changes in Services request in writing by the Architect
under Subparagraph 1.3.3.1, and in the absence of a written agreement between the Owner and
Architect stating otherwise, the Architect shall be compensated based upon the Architect's hourly
rate schedule and schedule of other services, which is attached hereto and incorporated herein as
Exhibit A.
1.5.3 Insert the [allowing in the space provided in Subparagraph 1.5.3:
One and One Tenth (1.1)
1.5.4 Insert the following in the space provided in Subparagraph 1.5.3:
Zero (0)
1.5.6 Delete Paragraph 1.5.6 in its entirety.
1.5.7 Delete Paragraph 1.5.7 in its entirety.
Replace Paragraph 1.5.8 in its entirety with the following:
1.5.8 The Architect shall issue monthly invoices, on or about the same day each month. The
Owner shall pay amounts properly due not more than thirty-five (35) days after the date of the
Owner's receipt of an invoice for those amounts. The Architect shall submit with each invoice a
current, itemized statement of amounts invoiced, amounts received, reimbursable expenses
invoiced and received, and all other funds sought from the Owner and received by the Architect.
All invoices shall be sequentially numbered. Where the Owner specifies payment to cover a
certain invoice or portion of an invoice, the Arcbitect shall apply the payment to the account as
specified and shall so indicate that application on subsequent monthly statements.
Replace Paragraph 1.5.9 in its entirety with the following:
1.5.9 lfthe services covered by this Agreement have not been completed within twenty-four
(24) months of tbe date hereof, through no fault ofthe Architect, extension ofthc Architect's
services beyond that time shall be compensated as provided in Paragraph 1.5.2.
2.1.7.5 Ifthe Fixed Limit of the Cost of the Work is exceeded by the lowest responsible bidder,
the Owner shall:
.1 give written approval of an increase in the Fixed Limit of the Cost ofthe Work;
.2 authorize rebidding of the Project within a reasonable time;
.3 terminate the Project in accordance with Paragraph 1.3.8.5; or
City of Bozeman Page 11 of 20
.4 cooperate in revising the Project scope and quality as required to reduce the Cost
of the Work.
.5 accept or reject any alternates or phases ofthe project in order to stay within the
fixed cost limit and the architect will assist the owner in any related negotiations.
Replace Subparagraph 2.1. 7.6 in its entirety with the following:
2.1.7.6 If the Owner chooses to proceed under Sub~Subparagraph 2.1.7.5.4, the Architect, will
cooperate with the Owner & Contractor, and shall modify the Contract Documents for which the
Architect is responsible under this Agreement as necessary for the purpose of re-bidding the
Project, or portions of the project, to comply with the Fixed Limit of the Cost of the Work. The
modification of such documents shall be the limit of the Architect's responsibility under this
Paragraph 2.1.7. The Architect's and Consultants' fee for this work shall be agreed to by the
Owner.
Add the following new Subparagraph to Paragraph 2.1.7:
2.1.7.7 Should construction of the Project not be commenced by the Owner, the Architect shall
be entitled to compensation in accordance with this Agreement for all services performed as of
the date Architect receives written notice that the Project shall not be commenced.
2.2
Replace Subparagraph 2.2.1.1 in its entirety with the following:
2.2.1.1 The Architect and the Owner have agreed to create a program pursuant to a separate
agreement.
2.2.1.2 Delete Subparagraph 2.2.1.2 in its entirety.
2.2.1.3 Delete Subparagraph 2.2.1.3 in its entirety.
2.4
Add the following new Subparagraphs to Paragraph 2.4:
2.4.1.1 The Architect's design services shall also include consultants specified in Subparagraph
1.1.3.5.
2.4.1.2 Additional consultants may be added to the Architect's services as a Change of
Services when such services are reasonably required by the scope of the Project. Either the
Owner or the Architect may request the addition of consultants. The scope of service of such
consultants and the compensation for consultants' services will be determined by the Architect
and proposed to the Owner in writing, No additional consulting services will be provided
City of Bozeman
Page 12 of20
without first receiving written approval of the proposed scope, compensation and agreement to
pay for such services from the Owner.
Replace Subparagraph 2.5.4.3 in its entirety with the following:
2.5.4.3 The Architect shall distribute the bidding documents to prospective bidders and request
return of the documents upon completion of the bidding process. The Architect shall maintain a
log of distribution and retrieval. The Owner shall pay all costs associated with the distribution of
the bidding documents as a reimbursable expense.
2.5.4.4 Add the following to the end of Subparagraph 2.5.4.4:
following receipt of the Owner's written approval for all substitutions.
Add the following new Subparagraph to Subparagraph 2.5.4:
2.5.4.8 Any revisions or corrections after the Construction Documents have been released to
bidders shall only be made by addenda after written approval has been obtained from the Owner.
Previous acceptance of the Constmction Documents will not limit the Owner's right to request
the revisions and/or corrections after the Construction Documents have been released to the
bidders, but shall entitle the Architect to submit a claim for additional compensation to the extent
extra services are required thereby at no fault of the Architect. Any revisions or corrections
inconsistent with previous approvals by the Owner shall be accomplished by the Architect, but
shall entitle the Architect to submit a claim for additional compensation.
2.5.5
2.5.5 Delete Paragraph 2.5.5 in its entirety.
2.5.5.1 Delete Subparagraph 2.5.5.1 in its entirety.
2.5.5.2 Delete Subparagraph 2.5.5.2 in its entirety.
2.5.5.3 Delete Subparagraph 2.5.5.3 in its entirety.
2.5.5.4 Delete Subparagraph 2.5.5.4 in its entirety.
2.5.5.5 Delete Subparagraph 2.5.5.5 in its entirety.
2.6.1
2.6.1.1 Replace the words "current as ofthe date of this Agreement." in Subparagraph 2.6.1.1
with the words "15th Edition, 1997." Add the words "and the Supplementary Conditions to AlA
Document A201, 15th Edition, 1997" to the end of the first sentence of Subparagraph 2.6.1.1.
City of Bozeman
Page 13 of20
Replace the last sentence of Subparagraph 2.6.].1 with the following:
Modifications made to the General Conditions, and herein referred to as Supplementary
Conditions, shall be enforceable under this Agreement to the extent that those modifications are
consistent with this Agreement or approved in writing by the Architect. The Architect shall not
incorporate temlS in the Contract Documents (including the General Conditions for Construction,
AIA Document A201, lSth Edition, ] 997) that are inconsistent with this Agreement unless, after
full written disclosure by the Architect to the Owner of the nature, scope, and impact of any
inconsistency or lack of coordination, such change is nonetheless demanded by the Owner in
writing. The Architect shall perform all duties and obligations that arc specifically assigned to
the Architect in the General and Supplementary Conditions for Construction, AIA Document
A201, ISth Edition, 1997, unless such duties or obligations on the part ofthe Architect are
expressly waived in this Agreement. Where, in that absence of express Owner authorization, the
Architect has incorporated terms inconsistent with this Agreement in the Contract Documents,
the Owner may elect (at the time when the need for such election or probable consequences of
such an election become known to the Owner) which terms will bind the Architect. Upon the
Owner discovering the incorporation of inconsistent terms, the Owner shall, as soon as feasibly
possible, provide the Architect written notice of the inconsistent terms and which terms the
Owner elects to bind the Architect. The Architect shall be responsible for full performance under
those terms at no additional cost to the Owner. The Architect shall also be liable for the breach
of that performance and any incidental or consequential damages incurred by the Owner as a
result of the Architect's incorporation of inconsistent or uncoordinated temlS. Modifications to
the AlA Document A20 I are contained in the Supplementary Conditions to AIA Document
A201 that are adopted as part of the Contract Documents.
2.6.1.2 Delete all words after "terminates" in Subparagraph 2.6.1.2 and replace with "after
completion of the cleven (] 1) month inspection and submittal report as required in Subparagraph
2.6.6.S."
2.6.1.4 Replace the words "with consent of the Contractor, which consent will not be
unreasonably withheld" in Subparab'faph 2.6.1.4 with the words "and notice to the Contractor."
2.6.1.5 Add the following to the end of Subparagraph 2.6.1.S:
The Architect shall include in the Contract Documents a requirement that the Contractor issue a
number (in a single consecutive series) to each Request for Information (hereinafter "RFI")
prepared by the Contractor, Subcontractors, the Owner, or others, before submittal of the RFI to
the Architect. The Architect shall refer to that RFI by number in all subsequent correspondence,
Change Orders, Change Directives, reports, etc. related to that RFI or its resolution. The
Architect shall simultaneously issue a written responsive answer to the Contractor and the Owner
for each RFl in writing with the promptness necessary to avoid unnecessary delay or cost.
2.6.1.7 Delete the words "Owner and" in the first sentence of Subparagraph 2.6.1.7.
City of Bozeman
Page ]40[20
2.6.2
Replace Subparagraph 2.6.2.1 in its entirety with the following:
2.6.2.1 The Architect shall endeavor, by providing on-site observation and evaluation, to protect
and safeguard the Owner against defects and deficiencies in the Work performed and materials
provided by the Contractor or Subcontractors (and against non-compliance by the Contractor or
Subcontractors with the terms of the Contract Documents), but the Architect does not guarantee
the performance of the Contract or subcontracts. The Architect shall also exercise due diligence
in detennining in general if the Work as it progresses will, when completed, be in conformance
with the Construction Documents. The Architect will exercise the care and diligence necessary
to discover and promptly report to the Owner the defects or deficiencies in the Work of the
Contractor or any of his Subcontractors, or their agents or employees. The Architect, a senior
member of the Architect's staff, or a competent inspector especially employed by the Architect
and approved by the Owner, shall visit the Project site not less than twice per week for a period
of not less than one (1) hour per visit nor less than four (4) total hours per five (5) day work week
while active construction of the Project is in progress and shall furnish to the Owner a copy of a
report on the progress of the construction and the condition on the Project site every week.
Except in cases of emergency, the Architect shall not authorize nor direct any stoppage, removal
of Work in place, or order substantive changes in Work affecting the Contract Sum or the
Contract Time without prior written approval by the Owner. The Architect shall specifically
provide and be responsible for the following services:
.1 Observe hearing surface of excavation prior to placing of concrete.
.2 Observe significant reinforcing steel after installation and before concrete is
placed.
.3 Observe placing of stmctural concrete.
.4 Review significant laboratory results.
.5 Observe significant stmctural systems after erection and prior to its being covered
or enclosed.
.6 Observe significant mechanical and electrical work following its installation and
prior to its being covered or closed.
.7 Observe exposed surfaces for general compliance with the Construction
Documents.
Written records and reports of all inspections shall be delivered to the Owner every two weeks
for the previous two-week period. Should the quality ofthe workmanship or circumstances be
City of Bozeman
Page 15 01'20
such that the performance of the Contract Documents can not be caITied out, the Owner shall be
immediately notified in writing. The Architect shall neither have control over or charge of, nor
be responsible for, the constnlction means, methods, teclmiques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents
and [rom the most recent construction schedule submitted by the Contractor. Upon the Architect
discovering any defects or deficiencies in the Work o[the Contractor, the Architect shall infoffil
the Owner of said defects and deficiencies and shall report any non~confonl1ance or deviation to
the Owner promptly in writing. The Architect shall be responsible for any errors or omissions in
the Project plans and specifications. Such responsibility shall include prompt correction, at
Architect's expense, of any such errors or omissions. However, the Architect shall not be
responsible for the Contractor's failure to perform the Work in accordance with the requirements
of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts
or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons or entities perfoffiling portions of the Work.
2.6.2.4 Insert the words "With the exception of the Owner's Construction Representative," at
the beginning of Subparagraph 2.6.2.4.
2.6.2.5 Add the following to the end of Subparagraph 2.6.2.5:
Such inspection or testing required by the Architect shall only be accomplished after obtaining
the Owner's concurrence and agreement to pay for such work.
Add the following new Subparagraph 2.6.2.6 to Paragraph 2.6.2:
2.6.2.6 Observation shall consist of the Architect's visual observation of materials, equipment,
or the Work for the purpose of ascertaining that the Work is in general conformance with the
Contract Documents and with the design intent. Such observation shall not be constmed to
relieve the Contractor in any way from his obligations and responsibilities under the Contract for
Construction. Specifically, but without limitation, observation by the Architect shall require the
Architect to neither assume responsibilities for the means and methods of construction nor for the
safety on the Project site.
2.6.4
Replace Subparagraph 2.6.4.1 in its entirety with the following:
2.6.4.1 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
City of Bozeman
Page 160[20
expressed in the Contract Documents. The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
separate contractors, while allowing sufficient time in the Architect's professional judgment to
pennit adequate review. Review of such submittals is not conducted for the purpose of
detemlining the accuracy and completeness of other details such as dimensions and quantities, or
for substantiating instmctions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as required by the Contract Documents.
However, the Architect shall confiml dimensions where possible when the Contractor has
requested assistance with dimensions due to field conditions or inconsistencies in the
Construction Documents. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
Replace Subparagraph 2.6.4.2 in its entirety with the following:
2.6.4.2 The Architect shall maintain a record of each submittal received from the Contractor.
The record shall include, at a minimum, the date received, the action taken, and the date returned
to the Contractor. The Architect shall provide one copy of all submittals to the Owner
simultaneously with the return of reviewed submittals to the Contractor.
Replace Subparagraph 2.6.4.3 in its entirety with the following:
2.6.4.3 The fire protection system, and any other systems, materials and equipment mutually
agreed to in writing by the parties that require professional design services or certifications by a
design professional shall be specifically required of the Contractor by the Contract Documents
and the Architect shall specify appropriate performance and design criteria that such services
must satisfy. Shop Drawings and other submittals related to the Work designed or certified by
the design professional retained by the Contractor shall bear such professional's written approval
when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy,
accuracy and completeness of the services, certifications or approvals performed by the design
professionaL
2.6.5
Add the following at the end ofthe first sentence of Subparagraph 2.6.5.2:
2.6.5.2 and shall report the results of his analysis in writing to the Owner and Contractor as
expeditiously as feasible.
2.6.6
2.6.6.1 Add the following to the end of Subparagraph 2.6.6.1:
City of Bozeman
Page 17 of20
2.8.2.5, Delete in its entirety.
2.8.3 Delete Paragraph 2.8.3 in its entirety.
2.9
Replace Paragraph 2.9.1 in its entirety with the following:
2.9.1 This Agreement shall be governed by the laws of the State of Montana.
Add the following new Paragraphs to Paragraph 2.9:
2.9.2 No waiver of any breach of anyone of the terms, conditions or covenants of this
Agreement by the Owner or the Architect shall be deemed to imply or constitute a waiver of any
other term, condition or covenant of this Agreement. The failure of either party to insist on strict
performance of any term, condition or covenant herein set forth, shall not constitute or be
constmcd of as a waiver of the rights of either party to enforce any other default or breach of
such term, condition or covenant. Such failure by either party to insist upon strict performance of
this Agreement shall not be deemed sufficient grounds to enable either party to forego or subvert
or otherwise disregard any other term, condition or covenant of this Agreement.
2.9.3 If any provision, paragraph, subparagraph or sub-subparagraph of this Agreement is
adjudged by any court to be invalid, illegal, void, or unenforceable in whole or in part, this
adjudication shall not affect the validity of the remainder of this Agreement, including any other
provision, paragraph, subparagraph, or sub-subparagraph. Each provision, paragraph,
subparagraph, or sub-subparagraph ofthis Agreement is separable from every other provision,
paragraph, subparagraph or sub-subparagraph and constitutes a separate and distinct covenant.
2.9.4 Any notices required or permitted under this Agreement or which any party elects to give
shall be in writing and delivered either personally to the other party or by depositing such notice
with the U.S. Postal Service, postage fully prepaid, to the address designated below, by Certified
Mail, return receipt requested, or to such other address as either party may later designate in
writing. Any notice given by mail, as herein provided, shall be deemed given when deposited in
the United States Mail:
Owner:
City of Bozeman
Attn: James Goehrung - Owner's Constmction Representative
P.O. Box 1230
Bozeman, MT 59771
Architect:
Pmgh & Lenon Architects, PC
Attn: Dick Prugh
27 E. Main Street
Bozeman, MT 59715
Page 19 of20
City of Bozeman
2.9.5 This Agreement may be executed in several counterparts, and each such counterpart shall
be deemed an original and is fully enforceable.
City of Bozcman
Page 20 of 20